"For crass political reasons—namely to advance his position on the
National Security Agency spying story—the president chose to use a
speech to the National Guard Association to disclose details of a 2002
"shoe bomb" plot to blow up the U.S. Bank Tower, the tallest building
in Los Angeles. While the plot had been revealed in general terms in
the past, the White House this week arranged for Bush's
counterterrorism adviser, Frances Fragos Townsend, to explain to
reporters in a conference call exactly the kind of details that Goss
claimed on the op-ed page helped the enemy. "We are at risk of losing
a key battle," Goss wrote. "The battle to protect our classification
system."
"Let's get this straight. The president and administration officials
will suddenly talk about details of the foiled plot—details that were
highly classified until now. But they won't say if the controversial
NSA program was involved. Given their new willingness to talk at
length about the case, can anyone seriously doubt that had the NSA
eavesdropping cracked this case, they would have mentioned that?
Simply saying that the NSA helped foil the plot—if it had—would not
have compromised "sources and methods." You can bet that if this were
an NSA case, we'd know it."
"The president is allowed to declassify whatever he wants; that's one
of the privileges of being president. So in this case—unlike the NSA's
warrantless eavesdropping—there is no issue of Bush breaking the law.
But let's be clear on what this was: a deliberate effort to use
declassification for partisan purposes, in this case, defending the
administration's policy on NSA surveillance, which Karl Rove says
publicly will be a big part of the 2006 midterm campaign."
"Feeling some pressure three quarters into his op-ed piece to offer
even one example of how media coverage has jeopardized an intelligence
operation, Goss hauls out the same chestnut Bush used in a press
conference last month—the revelation that Osama bin Laden's satellite
phone had been tapped. The implication was that once the evil American
media revealed this fact, bin Laden stopped using the phone and was
harder to catch. In fact, bin Laden gave up his satphone after
President Bill Clinton used coordinates from the phone to bomb him in
1998. It was Clinton's missiles, not the media, that convinced the Al
Qaeda leader he needed a more secure way to communicate."


It is obvious from court documents in the Libby case about Plame's
outing, that he will fall back on CICBush43's, and to a lesser extent,
Cheny's authority to declassify.  But that won't make the obstruction
of justice and false statements items go away.  Plus it raises the
issue of his superiors commiting treason or other high misdemeanors
(especially if CIA operatives or the agents they run died or were
tortured because of the disclosures) by such declassification.  No
wonder CIA has not conducted a formal damage assessment of the Plame
outing as you can bet Porter Goss was ordered not to comply with the
law requiring one.

David Bier

http://www.msnbc.msn.com/id/11279032/site/newsweek/

The Shoe (Bomb) on the Other Foot
President Bush's revelation about a foiled bomb plot shows the dangers
of declassification for purely partisan purposes.
WEB-EXCLUSIVE COMMENTARY
By Jonathan Alter
Newsweek
Updated: 6:37 p.m. ET Feb. 10, 2006

Feb. 10, 2006 - Poor Porter Goss. First, the longtime Florida
congressman leaves his safe seat to become director of the CIA, only
to find that he's been neutered by a new bureaucratic setup where he
reports to John Negroponte, the director of national intelligence.
Then he writes an op-ed piece decrying intelligence leaks in The New
York Times on Friday, the exact same day as a story appears
identifying today's biggest leaker of antiterrorism secrets in
Washington—President George W. Bush.

For crass political reasons—namely to advance his position on the
National Security Agency spying story—the president chose to use a
speech to the National Guard Association to disclose details of a 2002
"shoe bomb" plot to blow up the U.S. Bank Tower, the tallest building
in Los Angeles. While the plot had been revealed in general terms in
the past, the White House this week arranged for Bush's
counterterrorism adviser, Frances Fragos Townsend, to explain to
reporters in a conference call exactly the kind of details that Goss
claimed on the op-ed page helped the enemy. "We are at risk of losing
a key battle," Goss wrote. "The battle to protect our classification
system."

That system is at particular risk when it is exploited for political
purposes. The president is allowed to declassify whatever he wants;
that's one of the privileges of being president. So in this
case—unlike the NSA's warrantless eavesdropping—there is no issue of
Bush breaking the law. But let's be clear on what this was: a
deliberate effort to use declassification for partisan purposes, in
this case, defending the administration's policy on NSA surveillance,
which Karl Rove says publicly will be a big part of the 2006 midterm
campaign.

The White House made perfect political use of the twilight zone of
intelligence. While Townsend did not explicitly claim that the NSA
surveillance program had foiled the Los Angeles plot, she tried to
imply that it might have played a role. "We use all available sources
and methods in the intelligence community but we have to protect
them," she told reporters. "So I'm not going to talk about what ones
we did or didn't use in this particular case."

Let's get this straight. The president and administration officials
will suddenly talk about details of the foiled plot—details that were
highly classified until now. But they won't say if the controversial
NSA program was involved. Given their new willingness to talk at
length about the case, can anyone seriously doubt that had the NSA
eavesdropping cracked this case, they would have mentioned that?
Simply saying that the NSA helped foil the plot—if it had—would not
have compromised "sources and methods." You can bet that if this were
an NSA case, we'd know it.

The chronology of Bush's politicizing of intelligence goes something
like this: First, the president discloses classified information
without any good reason to do so. Why now? It's not as if Los Angeles
is hosting the Olympics or under some new threat. (To understand how
hurried and political this disclosure was, consider the fact that Los
Angeles Mayor Antonio Villaraigosa, a Democrat, wasn't briefed on the
foiled plot and has been stiffed in his efforts to meet with the
president about homeland security in his city, a problem that New York
City Mayor Michael Bloomberg and other Republican mayors do not have).
Then, by implying without stating that the NSA may have been involved,
the White House uses sensitivity about classified information as a
shield against finding out whether the NSA is relevant to the Los
Angeles plot in the first place.

Goss, meanwhile, is left hanging out to dry: he seems to be calling
for more criminalization of intelligence leaks in one part of the
paper while the president leaks like a sieve in the other. Elsewhere,
he makes a big distinction between whistleblowers who seek
accountability through proper channels (they're right) and those who
go to the media (obviously wrong). Feeling some pressure three
quarters into his op-ed piece to offer even one example of how media
coverage has jeopardized an intelligence operation, Goss hauls out the
same chestnut Bush used in a press conference last month—the
revelation that Osama bin Laden's satellite phone had been tapped. The
implication was that once the evil American media revealed this fact,
bin Laden stopped using the phone and was harder to catch. In fact,
bin Laden gave up his satphone after President Bill Clinton used
coordinates from the phone to bomb him in 1998. It was Clinton's
missiles, not the media, that convinced the Al Qaeda leader he needed
a more secure way to communicate.

Will the White House get away with using intelligence as a political
weapon? Probably. Imagine if it were Clinton, not Bush, who decided to
reveal classified information about the plot against Los Angeles in a
politically convenient way. The rightwing gabfests would be having a
field day, as well they should. But now the shoe bomb is on the other
foot.


URL: http://www.msnbc.msn.com/id/11279032/site/newsweek/





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