Avoid a Hide-bound Way of Thinking

The Washington Post confirms what Seymour Hersh was reporting in the New Yorker. Was this the real reason behind the DoD intransigence during the debate on the intelligence reform bill? That story about being afraid battle commanders wouldn't get satellite intel never rang true to me.

The Pentagon, expanding into the CIA's historic bailiwick, has created a new espionage arm and is reinterpreting U.S. law to give Defense Secretary Donald H. Rumsfeld broad authority over clandestine operations abroad, according to interviews with participants and documents obtained by The Washington Post.

The previously undisclosed organization, called the Strategic Support Branch, arose from Rumsfeld's written order to end his "near total dependence on CIA" for what is known as human intelligence. Designed to operate without detection and under the defense secretary's direct control, the Strategic Support Branch deploys small teams of case officers, linguists, interrogators and technical specialists alongside newly empowered special operations forces. ...

Pentagon officials emphasized their intention to remain accountable to Congress, but they also asserted that defense intelligence missions are subject to fewer legal constraints than Rumsfeld's predecessors believed. That assertion involves new interpretations of Title 10 of the U.S. Code, which governs the armed services, and Title 50, which governs, among other things, foreign intelligence.

Under Title 10, for example, the Defense Department must report to Congress all "deployment orders," or formal instructions from the Joint Chiefs of Staff to position U.S. forces for combat. But guidelines issued this month by Undersecretary for Intelligence Stephen A. Cambone state that special operations forces may "conduct clandestine HUMINT operations . . . before publication" of a deployment order, rendering notification unnecessary. Pentagon lawyers also define the "war on terror" as ongoing, indefinite and global in scope. That analysis effectively discards the limitation of the defense secretary's war powers to times and places of imminent combat.

Under Title 50, all departments of the executive branch are obliged to keep Congress "fully and currently informed of all intelligence activities." The law exempts "traditional . . . military activities" and their "routine support." Advisers said Rumsfeld, after requesting a fresh legal review by the Pentagon's general counsel, interprets "traditional" and "routine" more expansively than his predecessors.

"Operations the CIA runs have one set of restrictions and oversight, and the military has another," said a Republican member of Congress with a substantial role in national security oversight, declining to speak publicly against political allies. "It sounds like there's an angle here of, 'Let's get around having any oversight by having the military do something that normally the [CIA] does, and not tell anybody.' That immediately raises all kinds of red flags for me. Why aren't they telling us?"

The enumeration by Myers of "emerging target countries" for clandestine intelligence work illustrates the breadth of the Pentagon's new concept. All those named, save Somalia, have allied themselves with the United States -- if unevenly -- against al Qaeda and its jihadist allies.

A high-ranking official with direct responsibility for the initiative, declining to speak on the record about espionage in friendly nations, said the Defense Department sometimes has to work undetected inside "a country that we're not at war with, if you will, a country that maybe has ungoverned spaces, or a country that is tacitly allowing some kind of threatening activity to go on."

Assistant Secretary of Defense Thomas O'Connell, who oversees special operations policy, said Rumsfeld has discarded the "hide-bound way of thinking" and "risk-averse mentalities" of previous Pentagon officials under every president since Gerald R. Ford.

"Many of the restrictions imposed on the Defense Department were imposed by tradition, by legislation, and by interpretations of various leaders and legal advisors," O'Connell said in a written reply to follow-up questions. "The interpretations take on the force of law and may preclude activities that are legal. In my view, many of the authorities inherent to [the Defense Department] . . . were winnowed away over the years."

Did you catch that bit where O'Connell included restrictions imposed "by legislation" as part of the "hide-bound way of thinking?" For conservatives, their willingness to dispense with "traditional" things like the rule of law seems quite strong.

We already know they are detaining and torturing foreigners. With a general counsel who "more expansively" interprets the law, and an ongoing "war" that is global in scope, what's stopping these guys from doing the same to you and me? The fact that they are real nice guys? And so is their boss?

Brrrr.