Monday, August 31, 2009

The Fall Guy

In the game of political football that is today national security, spare a thought for CIA Director Leon Panetta. Quarterbacking is hard enough without getting sacked by your own team.

President Barack Obama fought hard for the former California congressman during his uncertain February confirmation fight. That's about the last thing the president has done for his spy chief. Quite the opposite: If the latest flap over CIA interrogations shows anything, it's that Mr. Panetta has officially become the president's designated fall guy.

The title has been months in the making. Mr. Obama is contending with an angry left that's riled by his decisions to retain some Bush-era counterterrorism policies. He's facing Congressional liberals still baying for Bush blood. He's hired Attorney General Eric Holder, who is giving the term "ideological purity" new meaning. Mr. Obama's way to appease these bodies? Hang the CIA and Mr. Panetta out to dry.

That strategy first showed its face in April, when the president released Justice Department memos with details of the enhanced interrogation program. Arguing against the full release of these memos was Mr. Panetta and four prior CIA directors. Disclosure, they said, would damage national security. Arguing for their release was Mr. Holder, and White House General Counsel Greg Craig, who articulated the views of Moveon.org. The president threw the left some red meat, refusing even Mr. Panetta's pleas to redact certain sensitive details.

True, the president showed up at the CIA a few days later to reassure Mr. Panetta's demoralized troops. Don't "be discouraged" that you've "made mistakes," the president said, smiling, as Mr. Panetta stood grimly by. "That's how we learn." Mr. Obama vowed to be "vigorous in protecting" the organization. Later, at the White House, he announced plans to release photos showing detainee abuse—at the demand of the ACLU.

Then came House Speaker Nancy Pelosi's full-frontal assault, claiming the agency had lied to her about waterboarding. This would have been an excellent time for some "vigorous" protection of the CIA, since agency documents flatly contradict the speaker. But with his domestic agenda in the hands of Congress, the White House was mum. It showed equal interest in defending Mr. Panetta against the threat of congressional investigations.

This week the White House visited on the CIA director what ranking Senate Intelligence Committee member Kit Bond declared a "hat trick" of unpleasant moves. With his prior attempts to mollify his base on national security having failed— and those troops even more bitter about the flagging fortunes of the "public option" in ObamaCare—the president wheeled out Mr. Panetta for one more round.

Reversing prior promises not to prosecute CIA officials who "acted in good faith," Mr. Holder appointed a special counsel with the ability to prosecute officials who acted in good faith. This was paired with release of a 2004 CIA report that the administration spun as more proof of agency incompetence. As a finishing touch, the White House yanked the interrogation program out of Mr. Panetta's hands, relocating it with the FBI. With friends like these . . .

If Mr. Panetta has learned one lesson on the job, it's that he's alone. In the wake of the Pelosi blow-up, he took a stab at reconciliation with Democrats, trekking to Capitol Hill to tell the intelligence committees about a previously undisclosed (though hardly shocking) CIA idea for killing al Qaeda brass. His repayment was a letter, leaked to the press, from House Intelligence Chair Silvestre Reyes, claiming the new briefing simply proved the CIA had indeed previously lied to Congress.

Mr. Panetta is doubling down in defense of his agency. He issued a list of the 40 briefings Congress received. He's fought in court against more disclosure. He's warned publicly the country will "pay a price" if Congress plays politics with intelligence. He's sent countless feisty memos to his people, correcting mistakes in the public record and praising their work.

Yet Mr. Panetta can only do so much to reassure his troops. Faced with legal jeopardy, CIA staff will avoid intelligence-gathering risks, making it that much harder for the CIA director to succeed in his day job—protecting the country from harm. It will matter little that the president retained successful Bush-era counterterrorism programs if there is no intelligence-community will to implement them.

Sen. Bond notes that the Obama moves are "reopening old wounds" after years of effort to tear down walls within the intelligence community. Arguably the high point of cooperation was the work Justice and CIA did together in devising the interrogation program, which has yielded invaluable information. Now, the Missouri Republican tells me, "instead of the CIA viewing the Department of Justice as their lawyer, they view them as their prosecutor."

This week ABC News reported Mr. Panetta had engaged a month ago in a "profanity-laced screaming match" at the White House and had threatened to quit. The CIA says it is "absolutely untrue" that he has plans to leave. But who could blame him?

WSJ

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