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Harman: I Didn't Know Surveillance Program Broke The Law

Earlier this month, we published an excerpt from Eric Lichtblau's new book, Bush's Law, in which Lichtblau wrote that when he'd approached Rep. Jane Harman (D-CA), then the ranking member of the House intelligence committee, about the administration's then-still-secret warrantless wiretapping program, she'd shushed him and told him that The New York Times did the right thing by not publishing the story in 2004.

In a post at TPMCafe today, Harman doesn't dispute Lichtblau's telling of the interaction, but does dispute that her position on the program underwent "a dramatic transformation," as Lichtblau writes, after Lichtblau and James Risen of the Times broke the story under the headline "Bush Lets U.S. Spy on Callers Without Courts" in December of 2005.

Before the story broke, she writes, she had no clue that "the Administration was violating FISA." She writes that the gang of eight had been briefed on "an NSA effort to track al Qaeda communications using unique access points inside the US telecommunications infrastructure," but that they'd been told nothing about warrantless wiretapping. Her "first inkling that the program was in not compliance with FISA but was conducted pursuant to claims of “inherent” executive power," she writes, came after the story broke, when she was free to consult her staff.

So what does Lichtblau think of this? Well, we'll be interviewing him tomorrow about his book and we'll pop the question.


37 Comments

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Maybe it is time for her to retire if she is this out of it.

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Exactly.
If she was that ignorant of the law then she needs to disqualify herself from serving on a law making body due to sheer incompetence.
Personally, I think she just lied. She knew better, she just didn't think she would be revealed.

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She and her colleagues needs be in one of the two following camps:

1) Outraged at being deceived by an Administration with a Constitutional responsibility to fully disclose and submit to Congressional Oversight, and therefore heads will roll.

2) Ashamed for the failure to provide sufficient oversight, and taking appropriate responsibility on themselves.

But this "opps, accidents happen, guess they fooled us too" nonsense, that really ain't cutting it.

I'm with you. Harman's excuses are lame. Her role in enabling this mess has been very disappointing. I'm interested to hear what Lichtblau says.

-AF

Andrew Sullivan Is A Fraud

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Her bio says she is a JD Harvard Law, and served as special council to the DoD, served on the Senate Judiciary Subcommittee on Constitutional Rights, and she served in the Carter administration when FISA was passed.

This is no blond bimbo. The administration must have some very good liars to get all the illegalities past so many people with out anyone asking for the originating legal basis for the actions commonly known to be illegal.

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I think it is far easier for us to recognize that nothing ever said by a member of the Bush administration is true, than for a member of Congress to be aware of that. They are very likely to give the benefit of the doubt to the office of the Presidency, unless they have hard facts to justify doing otherwise. So, I am disappointed in Ms Harman, but not surprised.

It is much like the attack on Iraq, where millions of ordinary citizens knew that it was an unjustified act sure to cause long term damage to our country. But, those in Congress were hard pressed not to respect the office of the Presidency and give it the benefit of the doubt. One aspect of this never discussed is that members of Congress who were sure that the President was consistently lying to them about everything had an obligation to start impeachment proceedings. That made it doubly difficult to be so sure. I would like to think I would have been different, but I can't be sure of that.

"But, those in Congress were hard pressed not to respect the office of the Presidency and give it the benefit of the doubt."

I think a much more plausible explanation is that democrats in congress were toeing to the DLC orthodoxy which preaches that democrats must be tough on war issues so they can beat the republicans.

Bob Graham, Al Gore, and a host of other knew the Wolfowitz, Rumsfeld, Feith, Cheney, Perle, Kristol, et al were making it all up. So why did not most members of congress realize it?

Don't you think they were inoculated from that by impeaching Bill over sex.

Right. Assume a Bush-Cheney government is going to do the right thing, give them carte blanche, and stand back and let the permanent damage occur. THAT's what we need in a representative of The People.

And you end up with a million American citizens on a "terrorist" watch list and literally uncountable millions of privacy and security breaches. That's the government that Harman, et al, trusted, including Hillary, basically everybody but Senators Feingold and Graham.

This goes into the 'Nobody could have ever predicted' barrel head first.

This also goes head first into the 'rot and coruption of a declining empire' barrel.

Anybody got any cement?

Harman, as a ranking member of the intelligence committee, claiming to not know that the administration's warrantless surveillance program violated U.S. law, is about as believable as Clinton, as a member of the armed services committee, claiming to not know that the administration had granted immunity back in 2004 to all private U.S. contractors in Iraq.

We have got to stop this incessant claiming of ignorance on the part of our legislators. We elected them to be knowledgable about our laws.

Our public school elementary teachers are held accountable to a degree that many consider to be unreasonable, a degree established by these ignorant legislators in the federal NCLB law, while these same legislators couldn't even find Waldo in a Where's Waldo illustration.

Now, would somebody please go after Harman re her ignorantly writing another piece of illegal legislation, granting both the executive and legislative branches broadly sweeping powers over our own citizens' first amendment rights, the Violent Radicalization and Homegrown Terrorism Prevention Act? These totally un-American bill is being rushed through Congress, with not a single legislator having the guts to actually read it, scrutinize it, and then stand up to it. My own representative is completely ignorant about this Harman-initiated bill, as evidenced by her response to my inquiries into her failure to not cast a vote when it came up on the House floor, yet is completely in support of it for reasons that clearly show that she hasn't read the damn bill.

I agree, her excuses sound more than a bit disingenuous.

However, since Bush and his cronies insist we give them the benefit of the doubt...

Consider the possibility that Harman and the rest of the "Gang of Eight" were not given all the facts. Given this administrations track record of telling lies and half-truths, that is not outside the realm of possibility.

I agree, her excuses sound more than a bit disingenuous.

However, since Bush and his cronies insist we give them the benefit of the doubt...

Consider the possibility that Harman and the rest of the "Gang of Eight" were not given all the facts. Given this administrations track record of telling lies and half-truths, that is not outside the realm of possibility.

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And Spitzer did not know that contracting for sex acts across state boundries was illegal.

Harman remains a blight on democracy and the Democratic Party . . .

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"I didn't know it was illegal"...

Of course, there was no way that I could have known it was legal, either, so.... let's just vote it in anyway. After all, although we have all known these past years that the president and Republican party was not to be trusted. But what the heck... I don't have enough time in the week to promote myself AND actually study all this surveillance stuff, torture, illegal war, misuse of public funds, disregarding the Constitution, so I have to stick to my priorities... promoting myself, partying, fundraising... promoting myself again...

These clowns in Washington have NO BUSINESS representing this country of ours. They are nothing but mobsters and opportunists, caring NOTHING for anything past their own climb up the ladder. What has happened to those folks who actually CARED enough about our youth to research and find ways to avoid rather than promote wars... who cared enough about our freedom to protect it rather than destroy it, cared enough about our heritage that they studied it, rather than just feed themselves at the trough as our culture declines...

What a WASTE!

Of course, we will now vote them all back into office again, won't we?

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I know Harman is kind of a friend to TPM and I give her props for that. But she kind of stinks. We should be looking for somebody to knock her out of a primary if she won't just retire.

"I know Harman is kind of a friend to TPM and I give her props for that."

I don't. I give props to legislators in a congressional oversight role who actually provide oversight. Jane Harman did not. She was a credulous rubber-stamp who actually did *damage* to our nation by allowing the Administration to claim that their illegal program had been vetted and overseen by a bi-partisan panel of legislators. Jane's phony-baloney opposition to this program came *not* when she consulted outside legal counsel (which, she says, she did the very day that President Bush publicly confirmed the program), but months later when she was hit with a hastily-thrown-together primary challenge that won almost 40% of the vote on election day.

No props for Jane.

Patrick Meighan
Culver City, CA

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No. No props for enabling, no props for willful ignorance. No props for "trust me!" dealmaking in sweaty backrooms. Just...NO.

Do. Not. WANT!

So NYT reporters were able to determine that "the Administration was violating FISA", but the ranking member of the House Intelligence wasn't able to?

It seems she just wasn't interested.

What more do we need to know of her unfittness for service in congress?

Harman is using a very interesting smokescreen. She keeps referring to the NYT, and the book. Something else you may want to consider: The 2006 interview she had with Mr. Russert. If you compare her 2008 comments at TPM Cafe with what she said in 2006, you may see some interesting inconsistencies jump out, warranting follow-up. Here is a sample comparison between what Harmon is saying today, vs what she said in 2006; and some detailed questions about these apparent inconsistencies. Her comments in 2008 at TPM Cafe, when compared to her 2006 comments, raise more questions than she answers in 2008. Something else is going on.

After doing a detailed analysis of Harman's comments, I stand by this recommended statement.

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IIRC, the Gang of 8 was NOT briefed, so if she says it was, that would be odd. The stories to date have been that not only did the WH illegally (under the National Security Act) fail to brief the whole of the House and Senate Intelligence committees, but also that the WH went that illegality one step further and failed to even brief the Gang of 8, the minimum back-up briefing allowable.

Instead, the WH "briefed" only the chair and ranking member of each Intel committee. A made up "Gang of 4"

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IIRC, the Gang of 8 was NOT briefed, so if she says it was, that would be odd. The stories to date have been that not only did the WH illegally (under the National Security Act) fail to brief the whole of the House and Senate Intelligence committees, but also that the WH went that illegality one step further and failed to even brief the Gang of 8, the minimum back-up briefing allowable.

Instead, the WH "briefed" only the chair and ranking member of each Intel committee. A made up "Gang of 4"

This is the ole "The gun didn't know I was loaded" defense. I'm sorry but as much as I wanna buy what she's selling, Harman's excuses are BS. She's smart enuff to know what the law is but too chicken to admit she was cowed by Bush & his surrogates' GWOT" rationale.

-AF

Andrew Sullivan Is A Fraud

Dilemma. How best to say this. Let's go with...

The Bush administration fucking lied. They lied to anybody and everybody about the goddam program.

Not hard to believe, is it?

"The premise of strong congressional intelligence oversight is that Members will guard sensitive information."

Seriously, this is a shocking statement coming from someone in her position. She does realize the structure of our federal government I hope. That congress is an actual separte and distinct branch?

Poor Jane Harman. She only wanted to be Chairperson of the House Intelligence Committee, so neither she nor her staff had time to to read the bills and find out what is legal and what is not legal. Hopefully she will use some of her spare time to read the constitution. And, if time permits, she can then read the bills that she sponsors. Or, how about hiring someone else who would write her bills?

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I would be more convinced by Harman's story that she was lied to if she were vigorously prosecuting the people who lied to her. If she is not on board with impeachment, or demanding felony prosecutions of WH staff, then her explanations fail to convince me.

Are the members of these “Gangs of 8, 14 or 16” or whatever number they may be, sent to Gitmo and ‘water boarded’ or is it done in front of the gang in the conference room if they so much as ask any question of the Bush administration on what is being presented to them?

Are our elected representatives’ really just mindless Rush Limbaugh ‘dildo’ ditto heads? Is our representatives learning from these past & current treacherous mistakes?

If one of our representatives were water boarded, they’d spill there guts and speak so fast that they would probably sound just like cowboy in ‘City Slickers’ did when Curly lassoed him and threw his knife that stuck in the ground about ½” from his crotch.

I think the list of Democratic Congressional proxies who were asleep during the last 8 years is rather long. They should all be retired from active service if they haven't the sense to retire themselves. It isn't that they have not performed good deeds sometime during their careers, because I am certain most have. It's just the way the game is supposed to be played: if you dishonor your country by failing at your duty during a critical time, you should make room for someone else to give it a go. So the entire lot: Harman, Schumer,Feinstein---Dem or Republican--you've been there too long and your are entirely too comfortable with your jobs. Move along. There's always something to see somewhere else.

So, is this why impeachment is "off the table"? Too many co-conspirators in the House.

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Harman's position makes one wonder just what the Republicans have discovered about her by using the NSA's illegal wiretapping.

So this is why Impeachment is "off the table". How many of Nancy Pelosi's cronies would have to be impeached as co-conspirators?

I don't particularly think it unlikely that Bush and company lied to Harmon; the only thing in question is the variety of lie that they used and how hard she tried to check it. This stuff being 'secret' would put a real crimp in a person's verification capabilities, wouldn't it?

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Where was Harmon during Watergate..? Maybe she only caught the part where Nixon claimed.."Its not illegal if the President does it" what a moron...I know more about the Constitution and the Bill of Rights than these so-called representatives of the people...make them take SAT's (we should implement a "No Lawmaker Left Behind" in Congress) the Constitution Law and the Bill of Rights before being sworn into office..they obviously don't have a clue

Harman's claims should be subject to a Grand Jury review.

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Ignorance of the law is no excuse, right?

It's screwball stuff, alright. And, yep, the Bush crowd lied to everyone, every day, 24/7. It was her job to do something about it, that's why she was in that position.

It's a bit like Hillary saying she voted for Iraq because they lied. It was painfully obvious to any intelligent person that they were lying. So I don't believe Hill and I don't believe Jane, as they are both intelligent and these was their damn jobs. They had a pretty good idea what was going on, at minimum, and they decided it was better politics to look the other way.

But it may not be working out that way for Hill. Don't know how it will affect Jane, but fibbing she is.

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