Interviewer: Rachel Maddow
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Joining us now is Congresswoman Jan Schakowsky of Illinois. She chairs the House Intelligence Subcommittee on Oversight and Investigations.
Representative Schakowsky thank you very much for joining us tonight.
REP. JAN SCHAKOWSKY (D-IL), INTELLIGENCER COMMITTEE: Thank you, Rachel.
MADDOW: CIA Director Leon Panetta has launched an internal probe now at the CIA to determine why Congress wasnt told about this mysterious program that I understand we cant know about in terms of the details because its classified. Youve called for an intelligence committee investigation.
SCHAKOWSKY: Right.
MADDOW: What do you think it will take to actually get to the bottom of this?
SCHAKOWSKY: Well, my hope is that on the intelligence committee, that were going to take this very seriously. Theres really two issues involved. One is the underlying substance of the program that we werent read into, that Congress was not informed about.
But the other is a very serious breach of theI think, breaking the law of the National Security Act of 1947, where they did not tell the Congress. Its very clear that for programs like this, it is the obligation of the intelligence community to inform the United States Congress.
So, that program started right after 9/11 in 2001 and it was not until June that they told the director of the CIA. That was the first he heard of it, as you said. And the very nextthat day, he stopped the program, and the next day, he came down to tell us about it.
Those are the two things I think we need to look at.
MADDOW: Do youdo you think that elements of the CIA or even of the intelligence community more broadly are deliberately operating outside the chain of command now, that theyre deliberately keeping their actions secret? Or do you think that things like thiswhich youre documenting and which youre saying would be a violation of the national security act - do you think that these are oversights or inadvertent mistakes?
SCHAKOWSKY: Absolutely not. This, we know, that there was a decision that was made not to tell the Congress. And so, thats one of the things that we have to look into very carefullywhy that decision was made, who made the decision not to inform the Congress. This was no mistake. They did not want us to know about this.
MADDOW: Do you know who made the decision?
SCHAKOWSKY: Were going toI cant talk about the names that were involved, but I think our investigation needs to determine exactly whowhat conversations were had and who signed off on those decisions.
MADDOW: OK.
The report on the so-called presidents surveillance program that came out this afternoonobviously, weve only seen the unclassified version of it and whats in the unclassified version is pretty hair-raising. Are you concerned about what the inspectors general found in that report about warrantless wiretapping and these strange and very limited efforts to make the program seem legal?
SCHAKOWSKY: Well, what Im interested in is that it extends beyond the Terrorist Surveillance Program, the TSP, which we did find out about, mostly first through the newspaper, but that theres a presidential surveillance program that goes beyond that, that there areIm looking at the reportother intelligence activities that John Yoo wrote the memo about.
You know, they found their guy againthe guy who will say that, "Well, the president cant be stopped. Its his constitutional right in order to defend the country. He can basically do anything." It was not only the torture memo, but now, he was justifying this program.
It is odd, I think, that a deputy assistant attorney general was the only one thatat the Office of Legal Counselthat was read into the program at all. His boss, Bybee, said he was surprised, a little disappointed that he hadnt heard about it, that he wasnt consulted on it. And so, they obviously, I think, knew that this is a guy that would justify everything. Now, later on, of course, when a closer look was taken, his legal opinion and the contortions that he went through were viewed as inadequate to really justify the continuance of that program.
But Im curious. We havent seenI havent seen the classified version yet, what are those other intelligence activities that constitute the presidents surveillance program.
MADDOW: Also, of course, Id love to find out what John Yoo has to say about this. He, of course, refused to talk to the inspectors general for this report, as did David Addington, as did George Tenet, as did John Ashcroft. It seemsit seems like theres a lot more to know, Congresswoman.
SCHAKOWSKY: Thats right. There were 200 people who didwho were surveyed, but those important players actually would not participate.
MADDOW: Democratic Congresswoman Jan Schakowsky of Illinois, thank you very much for your time tonight and good luck with your continued investigations.
SCHAKOWSKY: Thank you, Rachel.
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