Spy vs. Lie: S. 2324 and the DoJ Inspector General's Report

While reading through the accounts of the FBI’s objections to so-called ‘enhanced interrogations’ (a.k.a. Torture) and the reports that the agency was concerned about participating in “joint interrogations of detainees with other agencies in which techniques not allowed by the FBI were used,” [TPMM-AP] pause for a moment and go back to a vote taken in the U.S. Senate on April 23, 2008.

“The Senate on April 23 approved, by unanimous consent, S. 2324, the Inspector General Reform Act of 2008. But the bill passed only after the lawmakers agreed to an amendment by Senator Jon Kyl, R-Ariz., which, among other items, deleted a provision giving the Justice Department's Office of Inspector General (OIG) jurisdiction to investigate misconduct allegations against department attorneys, including its most senior officials.” [NatlJrnl via TPMM] (emphasis added) Therefore, while Congress attempts to sort out who authorized the Bush Administration’s warrantless domestic wiretapping program, and perhaps who might have impeded investigations into the use of torture on detainees in U.S. custody, the Department of Justice’s Inspector General held he was prevented by statute from reviewing these matters. S. 2324 passed with “unanimous consent,” meaning no record was kept of each Senator’s position on the prevention of the DoJ’s Inspector General from investigating the investigators. The Kyl Amendment (CngRcrd-pdf/S3323) was also approved by unanimous consent. [CngRcrd-pdf/3328] S. 2324 is currently “held at the chief clerk’s desk” in the House. To make a long story short, it appears the only way to convince the White House not to veto the Inspector General Reform Act of 2008, was to insert Kyl’s amendment.

Whether the amendment will be a source of contention during deliberations in the House of Representatives remains to be seen, as will whether there will be conflict over a subsequent conference report. Items that Senate Democrats wanted to maintain in the bill (a shield for inspectors general from administration political pressure, and making audits and reports more accessible to the public) may have been protected by adopting the Kyl Amendment. However, there are significant differences between the Senate and House versions. The House version sets appointments at 7 year terms with removal only for cause, and would require independent watchdog bureaus to submit their budgets directly to Congress as well as the White House. The President promptly asserted that this provision would “encroach on the president’s constitutional authority.” [FAC]

So, tomorrow the Inspector General’s report will be released, [AP] [Reuters] and after the corporate press digests the material Matt Lauer may discover that more than just those in the “Far Left” are going to be concerned about the Bush Administration’s propensity to trample on American civil rights and liberties. One thing is certain – the debate over appropriate legislation, and the role of the current Administration in the perpetuation of injustices and the violation of civil liberties, may only be beginning.