Senators clash with justice department lawyer over CIA intelligence memos

[Eugene]

Source: The Guardian

Senators clash with justice department lawyer over CIA intelligence memos

Spencer Ackerman in Washington
theguardian.com, Wednesday 18 December 2013 00.52 GMT

An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office.

Caroline Krass, a top Justice Department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee.

Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter."

Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.

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Read more: http://www.theguardian.com/world/2013/dec/18/senators-clash-with-justice-department-lawyer-over-cia-intelligence-memos

[grasswire]

1. well, well, well

This is huge. DiFi on the side of openness? Wow.

[grasswire]

2. so DiFi wants to fight the CIA but is on board with NSA

It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.

Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA.

Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data.

"I have a different view about the Fourth Amendment," Krass said.

Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.[/blockquote]