Justice Hiding CIA/NSA Memos From The President-Elect?

By Big Tent Democrat, Section Obama Administration
Posted on Thu Dec 11, 2008 at 04:22:21 PM EST
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Can you imagine the chutzpah?:

A senior Justice Department official said Tuesday that "99.8 percent" of the department's work with President-elect Barack Obama's transition team has gone smoothly. The 0.2 percent snag: The department has reservations about granting the team's request to review classified legal opinions related to secret CIA and National Security Agency programs.

(Emphasis supplied.) Check the shredders. Here's the excuse:

[AG Mukasey]said OLC opinions are issued at the request of other agencies with their "own equity or interest in the information. And so what we try to do is determine whether, and to what extent, we can clear that information and try to do it as quickly as we can so as to get it to the transition team so that they're aware of all the things that they need when they take over on the 21st," Mukasey said, according to a transcript provided by the department.

(Emphasis supplied.) Excuse me, what in the hell happened to the "Unitary Executive" (the relatively respectable one, not the crazy one (more here)) Theory? Can not the POTUS just say to Executive Branch officials 'give them everything they want?' Something stinks here, and I bet the "in the tank for Brennann, Hayden and McConnell" people have something to do with this. They are hiding what they did from Obama before he makes his intelligence choices. Just watch.

Speaking for me only

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Justice Hiding CIA/NSA Memos From The President-Elect? | 23 comments (23 topical)

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Hmm, maybe he has to fire everyone (5.00 / 2) (#1)
by andgarden on Thu Dec 11, 2008 at 04:25:17 PM EST

at the NSA and CIA.

(only half-kidding) (none / 0) (#2)
by andgarden on Thu Dec 11, 2008 at 04:25:48 PM EST

: I Liked Your First Comment Better! (none / 0) (#17)
by CDN Ctzn on Thu Dec 11, 2008 at 07:59:43 PM EST

Actually I wish he would go further and disband both of them. They've been little more than a blight on our reputation as a free and democratic country.
Furthermore, if we were to be honest to the definition, they would be correctly classified as little more than State sponsered terrorist organizations with obscenely bloated budgets. I doubt they'll ever be the object of budgetary cutbacks or true scrutiny.

Maybe the PE will begin (5.00 / 3) (#3)
by Jake Left on Thu Dec 11, 2008 at 04:26:38 PM EST

to learn the problem of reaching across the aisle and "cooperating" with the other side even before he gets in office. His campaign rhetoric about this always worried me as naive more than idealistic. Ask Bill how well all that "cooperating" worked out for him.

What's worse is that (5.00 / 2) (#4)
by lilburro on Thu Dec 11, 2008 at 04:29:40 PM EST

we know the CIA has no scruples about destroying documentation of what they have done (torture tapes).

And Hayden, who our oh so wise Reyes wants to stay in office, has no scruples in defending that type of action.

After a while, you can't accept the "oh it was all Bush's fault" explanation for CIA misdeeds (if you ever did). There was a lack of leadership there, and when leadership was motivated to lead, they pumped up the crew about torture.

So we should keep on any member of this crew for what reason?

Actually (5.00 / 4) (#5)
by lilburro on Thu Dec 11, 2008 at 04:32:41 PM EST

I hope this p*sses Obama off and he refuses to keep the CIA heads on for this reason. It's chutzpah for the CIA/NSA to think they can "sign off" on what is seen and not seen by the next President.


Serious question. Do you think there has ever been (none / 0) (#19)
by DeborahNC on Thu Dec 11, 2008 at 09:30:23 PM EST

good leadership at the CIA?


Historically? (none / 0) (#21)
by lilburro on Thu Dec 11, 2008 at 10:50:31 PM EST

Jeepers. I don't know all that much about the leadership of the CIA from alpha to omega. Sorry! I think Colby's cooperation with Congress would be a good standard for today.

David Ignatius wrote an article about the DNI/CIA in which he claims the DNI needs a "Warren Buffett." He proposes a new management strategy.

It honestly sounds like the CIA needs its own Barack Obama type. Someone who listens and delegates and is good at management, but also someone with positions that are the polar opposite of Bush's (and Obama's positions do remain opposite of Bush's re: torture, Guantanamo, etc.).

Obama could do interesting things with the structure of intelligence that Bush leaves us with - which as far as I can tell is a real mess. Speaking optimistically, perhaps that is why he has hesitated in naming his top intelligence posts.


: I don't know much about it either, but when you (none / 0) (#22)
by DeborahNC on Fri Dec 12, 2008 at 12:44:47 AM EST

mentioned improved leadership, I tried to remember if I'd heard anyone say that any individual had been an effective CIA Director with good leadership skills. I couldn't.
Thanks for the reply.

I'm not sure I actually believe they will (5.00 / 2) (#18)
by ruffian on Thu Dec 11, 2008 at 09:27:35 PM EST

turn over power at all.

I'd say the odds are 50-50 at this point.

: Power will not be turned over if Obama retains (none / 0) (#20)
by DeborahNC on Thu Dec 11, 2008 at 09:35:16 PM EST

Bush's DNI and CIA director. Anybody who pushes that idea (retention) is questionable IMO.

Hmm (none / 0) (#6)
by Steve M on Thu Dec 11, 2008 at 04:40:40 PM EST

Perhaps one of the missing memos repeals the Unitary Executive Theory. That's the best explanation I can come up with!

Huh? (none / 0) (#7)
by bocajeff on Thu Dec 11, 2008 at 04:51:21 PM EST

Wouldn't all that 'stuff' be avialable to the President once he takes office, anyway? In six weeks?

If there was shredding going on then it would probably have already been done and there wouldn't be an agreement that documents weren't being handed over.

Sounds like beauracratic B.S. than anything else.

BTW, I think the transition so far between Bush and Obama has been incredible and far better than in recent memory.

how do you measure that? (5.00 / 3) (#9)
by ThatOneVoter on Thu Dec 11, 2008 at 05:29:25 PM EST

I don't think transitions have been difficult, except for the lies the Bush team told in 2000.
If things are easy, it may be because Bush has givn up trying to be President for months now.


RIF (5.00 / 1) (#10)
by Big Tent Democrat on Thu Dec 11, 2008 at 06:26:34 PM EST

" Something stinks here, and I bet the "in the tank for Brennann, Hayden and McConnell" people have something to do with this. They are hiding what they did from Obama before he makes his intelligence choices. Just watch."


: Yup, even Dr. Watson ... (none / 0) (#12)
by Robot Porter on Thu Dec 11, 2008 at 06:30:17 PM EST

could deduce that.

Maybe (none / 0) (#8)
by squeaky on Thu Dec 11, 2008 at 04:55:00 PM EST

It has to do with Gannon/Guckerts late night WH sleep overs.

All seems very ... (none / 0) (#11)
by Robot Porter on Thu Dec 11, 2008 at 06:28:11 PM EST

"Yes, Minister" too me.

Someone should buy Obama the DVDs of "Yes, Minister" and "Yes, Prime Minister" for Christmas.

what a wonderful suggestion (5.00 / 1) (#15)
by Salo on Thu Dec 11, 2008 at 07:32:09 PM EST

Who is going to be the...Sir Humphrey Appleby in the Obama Whitehouse?


: make that .... (5.00 / 1) (#16)
by Salo on Thu Dec 11, 2008 at 07:33:44 PM EST

....sir Humphrey Appleby KCB, MVO, MA (Oxon)

Simple answers to simple questions (none / 0) (#13)
by lambert on Thu Dec 11, 2008 at 07:06:23 PM EST

Can you imagine the chutzpah?

Yes.

Well, call "the decider." (none / 0) (#14)
by oldpro on Thu Dec 11, 2008 at 07:31:57 PM EST

Doesn't bode well.

Remember when Sen. Schumer said Mukasey was a (none / 0) (#23)
by jawbone on Fri Dec 12, 2008 at 03:02:07 PM EST

reasonable and good choice for Atty Gen'l??

Ha!

On the March 18 edition of NBC's Meet the Press, Schumer suggested that the administration could "clear the air" and "restore faith that the rule of law will come first and politics second in the Justice Department" if it were to replace then-Attorney General Alberto R. Gonzales with "a person like a Michael Mukasey." Schumer continued: "I hope that's what the White House will do." From the transcript:
TIM RUSSERT (host): Will Alberto Gonzales survive as attorney general?
SCHUMER: I think it's highly unlikely he survives. I wouldn't be surprised if, a week from now, he's no longer attorney general. He has just miscast his role, misperceived his role. Instead of just being the president's lawyer who rubber-stamps everything the White House wants, he has a role as attorney general as the chief law enforcement officer of the land without fear or favor. And on issue after issue -- the U.S. attorneys is obviously the most prominent and most egregious -- he's bungled it. And, Tim, if they -- if Attorney General Gonzales steps down, the White House has a real chance to clear the air, to restore faith that the rule of law will come first and politics second in the Justice Department, not the other way around. If they nominate somebody who, by their reputation and career, shows that they put rule of law first -- a person like a Michael Mukasey, a person like a [former deputy attorney general] Larry Thompson, a person like a [former deputy attorney general] Jim Comey -- these are conservative Republicans, but they put the rule of law first. And I hope that's what the White House will do.
As Stolberg and Shenon noted, "in 2003," Schumer "suggested Mr. Mukasey as a possible Supreme Court nominee." Indeed, in a June 10, 2003, letter to Bush, Mukasey was one of five potential Supreme Court nominees Schumer offered for the president's consideration. (My emphasis)

I think we can all breath a sigh of relief that the SCOTUS thing never happened!

No one leaves BushCo with his or her repurtation intact. Had Mukasey never served as BushCo Atty Gen'l, he would have a far different obtiuary article. Shorter, perhaps, but more laudatory.