CIA v The US Senate

For John, BLUF:  Separation of Powers.  Nothing to see here; just move along.

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At Hot Air we have an article by Reporter Noah Rothmn, "Democratic Senator calls for CIA director’s resignation for spying on Congress".  The story is also reported here in the National Journal.  Here is the lede from Hot Air:

In March, Senate Intelligence Committee Chairwoman Dianne Feinstein (D-CA) accused CIA Director John Brennan of spying on the Senate while the agency was facing an investigation over their tactics during the Bush-era.  Brennan called Feinstein’s accusations “spurious” and insisted that “nothing could be further from the truth.”  On Thursday, he took it all back.

A statement from Brennan’s office released on Thursday confessed that CIA operatives “acted in a manner inconsistent with the common understanding” between Congress and the spy agency.  The statement offered congressional investigators an apology for the offense, but that was not good enough for Sen. Mark Udall (D-CO).

This is not a new story.  Folks were talking about it back in March of this year.  For example, here is Senator Lindsey Graham talking about it:

The outrage over the CIA’s claimed abuse of authority was bipartisan.  Sen. Lindsey Graham (R-SC) called the allegations against the spy agency “dangerous to a democracy.”

“Heads should roll, people should go to jail, if it’s true,” Graham said at the time.  “I’m going to get briefed on it.  If it is, the legislative branch should declare war on the CIA, if it’s true.”

Yes, I think there needs to be a careful housecleaning.  On the other hand, I am not sure the President has been too careful of other Congressional prerogatives, so he may not see this as much of a big deal.  I do.

The CIA should not be spying on the US Congress.  If it feels it absolutely has to, it needs to do it in a way that can not be detected, thus avoiding embarrassing both the CIA and the Congress (and the Administration).  If the CIA has obtained proof of Congressional criminality via covert means, then the evidence is not admissible in court.♠  The only alternative then is for the President to declare Marshal Law and to suspend the Constitution.  Is that going to happen?  No.  Thus, there is no point in the CIA, or anyone else, spying on the US Congress.♥  While this action was criminal on the part of the CIA, it was also stupid.  At least we can say about President George W Bush that when he found stupid he fired the person, e.g., the FEMA Chief after Katrina.

Regards  —  Cliff

♠  The Constitution, Article I, Clause 5, Section 2, says each House punishes its own members.
♥  Unless we are talking blackmail.