Congressional Notifications

Oct 27, 2009

House Committee Select Intelligence

The subcommittee heard testimony regarding the intelligence community�s practices, policies, and procedures as they relate to congressional notification of intelligence activities.
The subcommittee heard testimony regarding the intelligence community�s practices, policies, and procedures as they relate to congressional notification of intelligence activities.

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TIME SPEAKER TEXT
00:00:36 Schakowsky, Janice "Jan"U.S. Representative I CALLED THIS MEETING TO ORDER. TODAY WE WILL EXAMINE HOW THE INTELLIGENCE COMMUNITY HONORS AND IMPLEMENTS...
00:04:14 Eshoo, Anna G.U.S. Representative THANK YOU. MADAME CHAIRWOMAN, AND MEMBERS OF THE COMMITTEE, AND THANK YOU FOR BEING WILLING TO TESTIFY...
00:08:08 Schakowsky, Janice "Jan"U.S. Representative THANK YOU. AND NOW I'D LIKE TO RECOGNIZE MR. MILLER, THE RANKING MEMBER OF THE OVERSIGHT AND INVESTIGATION...
00:08:16 Miller, JeffU.S. Representative THANK YOU, MADAME CHAIRWOMAN. MR. LIT, THANK YOU FOR BEING HERE TODAY. I THINK THIS IS THE FIRST TIME...
00:11:36 Schakowsky, Janice "Jan"U.S. Representative LET ME JUST SAY TO MY RANKING MEMBER THAT -- WELL, FIRST OF ALL I WAS ABOUT TO ASSOCIATE MYSELF WITH...
00:12:32 Myrick, SueU.S. Representative THANK YOU, MADAME CHAIR, BUT I HAVE NO OPENING STATEMENT, I'LL WAIT TO HEAR FROM MR. LIT FOR QUESTIONS....
00:12:43 Schakowsky, Janice "Jan"U.S. Representative THANK YOU, MR. LIT. IT IS THE POLICY NOW OF THE OVERSIGHT INVESTIGATION SUBCOMMITTEE TO SWEAR ALL...
00:12:56 Schakowsky, Janice "Jan"U.S. Representative DO YOU SWEAR OR AFFIRM THE STATEMENTS YOU WILL MAKE TO THE COMMITTEE WILL BE THE TRUTH, THE WHOLE...
00:13:03 Schakowsky, Janice "Jan"U.S. Representative LET THE RECORD REFLECT THAT MR. LIT ANSWERED IN THE AFFIRMATIVE AND NOW WE'RE READY FOR YOUR OPENING...
00:13:17 Litt, RobertGeneral Counsel THANK YOU, MADAME CHAIRWOMAN, RANKING MEMBERS OF THE COMMITTEE. THANK YOU FOR YOUR KIND WORDS AND...
00:18:32 Schakowsky, Janice "Jan"U.S. Representative EXACTLY. AND SO IF YOU'RE ASKED A QUESTION THAT IS BEST RESPONDED TO IN THE CLOSED SESSION, YOU'LL...
00:19:10 Litt, RobertGeneral Counsel I THINK THE NATIONAL SECURITY ACT MAKES A DIVISION IN THE PROCEDURES AND THE STANDARDS APPROPRIATE...
00:20:28 Schakowsky, Janice "Jan"U.S. Representative SO THE ANSWER IN SHORT WOULD BE YES?
00:20:31 Litt, RobertGeneral Counsel YES, AS SET FORTH IN SECTION 503.
00:20:34 Schakowsky, Janice "Jan"U.S. Representative WHEN ASSESSING WHETHER THE INTELLIGENCE ACTIVITY IS SIGNIFICANT, WHAT FACTORS DOES THE INTELLIGENCE...
00:20:54 Litt, RobertGeneral Counsel YES. THAT'S SPECIFIED IN THE INTELLIGENCE COMMUNITY POLICY MEMORANDUM.
00:21:02 Schakowsky, Janice "Jan"U.S. Representative AND IF AN AGENCY DIRECTOR, SUCH AS THE NSA AND CIA DIRECTOR HAS DIRECTED OR APPROVED A PARTICULAR...
00:21:13 Litt, RobertGeneral Counsel I THINK WHILE THAT FACTOR ISN'T SPECIFIED, IT'S OBVIOUSLY ONE OF A NUMBER OF FACTORS THAT AN ELEMENT...
00:21:28 Schakowsky, Janice "Jan"U.S. Representative SO NOT ALONE? IF THE NSA OR CIA DIRECTOR APPROVES A PARTICULAR INTELLIGENCE ACTIVITY. THAT IT'S OF...
00:21:39 Litt, RobertGeneral Counsel I WOULDN'T NECESSARILY SAY THAT THAT WOULD BY ITSELF IN ALL CIRCUMSTANCES REQUIRE NOTIFICATION.
00:21:46 Schakowsky, Janice "Jan"U.S. Representative BUT IT'S CONSIDERED EVIDENCE OF SIGNIFICANCE?
00:21:48 Litt, RobertGeneral Counsel I WOULD THINK IT WOULD BE, YES, MA'AM.
00:21:54 Schakowsky, Janice "Jan"U.S. Representative AND OCTOBER 13th MEMO 2009. HE NOTED HE'S CONCERNED, "THAT NOT ALL ELEMENTS MAY BE TAKING THE APPROPRIATE...
00:22:20 Litt, RobertGeneral Counsel WHEN WE WENT OUT AND CANVASSED THE ELEMENTS OF THE INTELLIGENCE COMMUNITY. GENERALLY SPEAKING IN EACH...
00:22:49 Schakowsky, Janice "Jan"U.S. Representative THAT'S YOU.
00:22:50 Litt, RobertGeneral Counsel YES, IN CIA IT'S THEIR GENERAL COUNCIL. BUT THE PRIMARY RESPONSIBILITY RESTS WITH THE LEGISLATIVE...
00:23:01 Schakowsky, Janice "Jan"U.S. Representative MY CONCERN IS THAT THERE ISN'T A NAME NECESSARILY ATTACHED THAT EVERYONE IS CLEAR ABOUT. SO AT NSA,...
00:23:18 Litt, RobertGeneral Counsel YEAH, I CAN'T GIVE YOU THE NAMES, I CAN TELL YOU THAT ONE OF THE THINGS -- ONE OF THE BEST PRACTICES...
00:24:02 Schakowsky, Janice "Jan"U.S. Representative I THANK YOU. CHAIRMAN.
00:24:03 Eshoo, Anna G.U.S. Representative THANK YOU. A COUPLE OF QUESTIONS. TO WHAT EXTENT DO YOU MAKE RECOMMENDATIONS TO BE AN S C TO BRIEF...
00:24:20 Litt, RobertGeneral Counsel ME PERSONALLY OR IT BE AND I?
00:24:22 Eshoo, Anna G.U.S. Representative EITHER.
00:24:24 Litt, RobertGeneral Counsel I THINK IN GENERAL, WHEN THOSE DECISIONS ARE MADE, AND THEY HAVE NOT THEN COMMON SENSE I HAVE BEEN...
00:24:34 Eshoo, Anna G.U.S. Representative WHEN DID YOU START?
00:24:38 Litt, RobertGeneral Counsel AT THE END OF JUNE THIS YEAR.
00:24:39 Eshoo, Anna G.U.S. Representative NEITHER HAVE BEEN COMMON OR ONE OR THE OTHER?
00:24:46 Litt, RobertGeneral Counsel LIMITED BRIEFINGS OF ANY SORT. WHEN A DECISION IS MADE AS TO WHAT SORT OF BRIEFING IS MADE, WE HAVE...
00:25:07 Eshoo, Anna G.U.S. Representative I'M NOT SO SURE I UNDERSTAND YOUR ANSWER. MAYBE YOU COULD WALK ME THROUGH
00:25:13 Litt, RobertGeneral Counsel WELL AT --
00:25:14 Eshoo, Anna G.U.S. Representative HAVE YOU EXPERIENCED THAT YET?
00:25:17 Litt, RobertGeneral Counsel NO, IT HAS NOT.
00:25:19 Eshoo, Anna G.U.S. Representative FAIR ENOUGH.
00:25:20 Litt, RobertGeneral Counsel MY AT THE STANDING --
00:25:25 Eshoo, Anna G.U.S. Representative SINCE JUNE THERE HAVE NOT BEEN ANY DECISION TO BRIEF MEMBERS, EVEN OF THE FULL COMMITTEE ON ANYTHING?...
00:25:32 Litt, RobertGeneral Counsel NO, NO. MEMBERS OF THE FULL COMMITTEE HAVE BEEN BRIEFED ON NUMEROUS MATTERS. I HAVE BEEN PRESENT...
00:25:48 Eshoo, Anna G.U.S. Representative I'M ASKING ABOUT BOTH.
00:25:49 Litt, RobertGeneral Counsel I'M SORRY. I HAVE LOST THE TRAIL.
00:25:53 Eshoo, Anna G.U.S. Representative TO WHAT EXTENT YOU MAKE RECOMMENDATIONS TO BRIEF MEMBERS OF THE FULL COMMITTEE OR THE GANG OF 8?
00:26:01 Litt, RobertGeneral Counsel MOST OF THE DECISIONS ABOUT NOTIFYING A FULL COMMITTEE TO MY KNOWLEDGE ARE NOT MADE AT THE LEVEL OF...
00:26:29 Eshoo, Anna G.U.S. Representative WHEN YOU SAY PLAY A ROLE, ARE THERE OTHERS THAT PLAY A ROLE IN THAT?
00:26:35 Litt, RobertGeneral Counsel IF IT IS CIA INFORMATION THAT THE CIA WOULD PLAY A ROLE. IF IT IS A COVERT ACTION, SINCE THE WHITE...
00:26:57 Eshoo, Anna G.U.S. Representative AS YOU KNOW, MR. LITT, THIS EXAMINATION THAT THE FULL COMMITTEE IS UNDERTAKING IS -- THE CHAIRMAN...
00:27:59 Eshoo, Anna G.U.S. Representative --
00:28:02 Eshoo, Anna G.U.S. Representative WHAT IS BROKEN IN YOUR VIEW THAT WOULD CAUSE THAT TO HAPPEN IN THE CONGRESS NOT EVER BEING INFORMED?...
00:28:10 Litt, RobertGeneral Counsel WELL, TO THE EXTENT THE ISSUE -- ARE YOU ASKING ME ABOUT THE CIA DIRECTOR BEEN INFORMED OR CONGRESS...
00:28:27 Eshoo, Anna G.U.S. Representative THAT IS EXTRAORDINARY, AND LEAST IN MY VIEW, BECAUSE HE HAS BEEN ON THE JOB FOR A WHILE. TO HAVE HIS...
00:28:42 Litt, RobertGeneral Counsel IN TERMS OF INFORMING --
00:28:44 Eshoo, Anna G.U.S. Representative WHAT DO YOU THINK IS BROKEN, OR DO YOU THINK ANYTHING IS BROKEN? DO YOU THINK IT IS A SPECIAL CASE...
00:29:15 Litt, RobertGeneral Counsel WHETHER SOMETHING IS A SIGNIFICANT INTELLIGENCE ACTIVITY THAT REQUIRES NOTIFICATION AND BRIEFING OF...
00:29:23 Eshoo, Anna G.U.S. Representative WHAT IS SIGNIFICANT? WOULD YOU DEFINE THAT?
00:29:26 Litt, RobertGeneral Counsel IT'S ALWAYS GOING TO INVOLVE THE EXERCISE OF JUDGMENT. THE POLICY MEMORANDUM THAT WAS ISSUED IN 2006...
00:30:15 Eshoo, Anna G.U.S. Representative IT'S NOT A QUESTION OF FINDING OUT AT A MUCH LATER DATE AND THEN THE PARTIES THAT ARE -- THAT HAVE...
00:31:50 Litt, RobertGeneral Counsel I THINK EACH AGENCY SHOULD HAVE A SINGLE POINT OF CONTACT RESPONSIBLE FOR THAT. I ALSO THINK IT'S...
00:32:08 Eshoo, Anna G.U.S. Representative SO FOR NOTIFICATION TODAY, HOW DOES IT WORK? DOES THE HEAD OF EACH ONE OF THOSE AGENCIES MEET WITH...
00:32:23 Litt, RobertGeneral Counsel GENERALLY SPEAKING, EACH INDIGENCE THE AIR EACH IS RESPONSIBLE FOR ITS OWN -- WE RECEIVED COPIES OF...
00:32:30 Eshoo, Anna G.U.S. Representative THEY ARE INDEPENDENT OF ANY ONE ELSE?
00:32:35 Litt, RobertGeneral Counsel IN MOST INSTANCES, THAT IS RIGHT. EACH AGENCY IS RESPONSIBLE FOR ITS OWN.
00:32:43 Schakowsky, Janice "Jan"U.S. Representative THANK YOU. MR. MILLER.
00:32:46 Miller, JeffU.S. Representative MR. LITT, THANKS FOR YOUR COMMITMENT AND STATE COMMITMENT TO DIRECTOR BLAIR KEEPING THE COMMITTEE...
00:33:24 Litt, RobertGeneral Counsel WELL, LET ME BEGIN BY SAYING THAT I KNOW THERE HAVE BEEN, FOR EXAMPLE, THERE WAS A SUBSTANTIAL REPORT...
00:33:53 Litt, RobertGeneral Counsel THAT IS CORRECT. I AM CONFIDENT THAT WHEN A DECISION IS MADE, THAT THIS COMMITTEE IS GOING TO BE BRIEFED...
00:34:20 Miller, JeffU.S. Representative YOU DO NOT THINK ANYTHING WITH REGARD TO THE DETAINEES THAT THIS COMMITTEE HAS ANY JURISDICTION OVER...
00:34:26 Litt, RobertGeneral Counsel THAT IS NOT WHAT I AM SAYING.
00:34:31 Miller, JeffU.S. Representative --? IN SECTION 502 REQUIRES THAT DEPARTMENTS AND AGENCIES NEED TO FIRST THE CONGRESSIONAL INTELLIGENCE...
00:35:05 Litt, RobertGeneral Counsel WELL, TO THE EXTENT WE'RE TALKING ABOUT COLLECTION OF INTELLIGENCE INFORMATION THAT IS NOT SOMETHING...
00:35:13 Miller, JeffU.S. Representative WE WILL GO TO A CLOSED SESSION.
00:35:17 Litt, RobertGeneral Counsel IT IS TRUE, AS I THINK WE NOTED LAST WEEK THAT THE GUANTANAMO BAY FACILITY IS A FACILITY. IT IS NOT...
00:35:39 Miller, JeffU.S. Representative I SIT ON THE HALF AS WELL. HAS THAT COMMITTEE BEEN
00:35:43 Litt, RobertGeneral Counsel I DO NOT KNOW.
00:35:47 Miller, JeffU.S. Representative I THINK THE ANSWER IS NO. BELIEVE THAT ISSUES IT WOULD HAVE ACCESS TO SOME OPERA. VERSIONS OF INTELLIGENCE...
00:36:06 Litt, RobertGeneral Counsel IT IS MY UNDERSTANDING THAT THE ADMINISTRATION INTENDS TO WORK CLOSELY WITH FEDERAL AND STATE AND...
00:36:38 Miller, JeffU.S. Representative WHY DO WE KEEP STATE SECRETS?
00:36:40 Litt, RobertGeneral Counsel WE KEEP STATE SECRETS BECAUSE THEY ARE OFTEN MATTERS WHERE THE PROTECTION OF NATIONAL SECURITY IS...
00:36:54 Miller, JeffU.S. Representative DO YOU CONCUR WITH MR. SCHWARTZ OF THE CHURCHES COMMISSION STATEMENT WITH REGARD TO SHARING WIDELY...
00:37:07 Litt, RobertGeneral Counsel I'M NOT SURE WHAT HIS STATEMENT IS. I KNEW THAT THIS ADMINISTRATION AND IN FACT BOTH ADMINISTRATIONS...
00:37:38 Miller, JeffU.S. Representative YOU THINK THIS IS A TRUE STATEMENT? CIA ALLIES ALL THE TIME? TO CONGRESS?
00:37:46 Litt, RobertGeneral Counsel NO.
00:37:52 Myrick, SueU.S. Representative THANK YOU. I GREW UP IN A GENERATION OF WHAT IS YOUR NEED TO KNOW. FOLLOWING UP ON MR. MILLER'S STATE...
00:38:57 Litt, RobertGeneral Counsel I SHARE YOUR FRUSTRATION. I KNOW THE RECORD. DOES AS WELL. HE HAS MADE IT CLEAR THAT HE WANTS TO FIND...
00:39:45 Myrick, SueU.S. Representative WHAT IS THE PUNISHMENT IF THEY DO?
00:39:48 Litt, RobertGeneral Counsel WELL, THERE IS A VARIETY OF CRIMINAL STATUTES. I DO NOT HAVE PENALTIES IN FRONT OF ME.
00:39:54 Myrick, SueU.S. Representative WITH THEY LOSE THEIR JOB OR GET SLAPPED ON THE HAND?
00:39:58 Litt, RobertGeneral Counsel IT CAN RANGE FROM A SLAP ON THE HAND FOR SOMETHING THAT MERITS A SLAP ON THE HAND THROUGH LOSS OF...
00:40:11 Myrick, SueU.S. Representative WHEN MR. MILLER ASKED THE QUESTION ABOUT STATE AND LOCAL OFFICIALS BEEN NOTIFIED OF DETAINEES FROM...
00:40:33 Litt, RobertGeneral Counsel I DO NOT THINK ANY FINAL DECISION HAS BEEN MADE YET ON HOW AND WHEN PEOPLE WILL BE NOTIFIED. I DO...
00:40:49 Myrick, SueU.S. Representative YOU DO NOT KNOW WHEN AND TIME THAT WOULD TAKE PLACE.
00:40:54 Litt, RobertGeneral Counsel I DO NOT KNOW THAT THAT DECISION HAS BEEN GATE MADE YET, MA'AM.
00:41:01 Myrick, SueU.S. Representative OTHER OF THE CONCERNS IS THAT THERE ARE PEOPLE IN PRISONERS. THESE ARE NOT YOUR NORMAL PRISONERS....
00:41:18 Litt, RobertGeneral Counsel WE DO HAVE SOME EXPERIENCE IN HOLDING PEOPLE WHO ARE NOT NORMAL PRISONERS. WE HOLD PEOPLE LIKE THE...
00:41:47 Myrick, SueU.S. Representative I APPRECIATE THAT.
00:41:49 Schakowsky, Janice "Jan"U.S. Representative THANK YOU. WE WILL BE GOING BACK AND FORTH NOW.
00:41:56 Schiff, Adam B.U.S. Representative I JUST WANT TO FOLLOW UP ON THE LAST SERIES OF QUESTIONS JUST TO CLARIFY FOR THE PURPOSES OF TODAY'S...
00:42:23 Litt, RobertGeneral Counsel THAT IS CORRECT, SIR.
00:42:25 Schiff, Adam B.U.S. Representative I WANTED TO TALK WITH YOU ABOUT THE LANGUAGE OF SIGNIFICANT ANTICIPATED INTELLIGENCE ACTIVITY. IS...
00:43:18 Litt, RobertGeneral Counsel QUITE THE CONTRARY. ANTICIPATED INTELLIGENCE ACTIVITIES NEED TO BE MODIFIED AND BRIEF AS WELL.
00:43:23 Schiff, Adam B.U.S. Representative AS FAR AS YOU KNOW, WITHIN THE CIA AND OTHER AGENCIES, THERE HAS ALWAYS BEEN AN UNDERSTANDING IN THE...
00:43:42 Litt, RobertGeneral Counsel SO FAR AS I KNOW, THAT IS CORRECT.
00:43:46 Schiff, Adam B.U.S. Representative AND HOW DO YOU INTERPRET THE TERM ANTICIPATED? YOU WOULD NOT CONCLUDE WOULD YOU THAT SOMETHING HAS...
00:44:06 Litt, RobertGeneral Counsel I THINK THAT SOME OF THE CONTROVERSY THERE ABOUT THE USE OF THE TERM OPERATIONAL WITH REFERENCE TO...
00:45:35 Schiff, Adam B.U.S. Representative YOU WOULD AGREE THAT THERE ARE SIGNIFICANT EXPENDITURES MADE IN SUPPORT OF AN INTELLIGENCE ACTIVITY,...
00:46:01 Litt, RobertGeneral Counsel I WOULD THINK IT WOULD. PART OF THE OVERSIGHT INVOLVES OVERSIGHT OF HOW FUNDS ARE SPENT.
00:46:06 Schiff, Adam B.U.S. Representative IF THERE WAS RISK OF DISCLOSURE OF A POTENTIAL OPERATION VIA ARREST OR AT SOME OTHER MEANS THAT WOULD...
00:46:22 Litt, RobertGeneral Counsel I THINK THE POLICY MEMORANDUM TALKS ABOUT A RISK OF EXPOSURE AS ONE POSSIBILITY. YOU ALSO HAVE TO...
00:46:36 Schiff, Adam B.U.S. Representative WHAT WE ARE TALKING ABOUT THEN IS IF YOU ARE SITTING IN A ROOM TALKING ABOUT SEVERAL POTENTIAL DIRECTIONS...
00:47:07 Litt, RobertGeneral Counsel IT WOULD DEPEND ON THE NATURE OF THE SPECIFIC STEPS BEING TALKED ABOUT.
00:47:09 Schiff, Adam B.U.S. Representative YES. MY TIME IS UP. THANK YOU.
00:47:23 Thornberry, William "Mac"U.S. Representative I APPRECIATE YOU BEING HERE. MR. LITT, AND ATTEMPTING TO ANSWER QUESTIONS ON A CLASSIFIED PROGRAM...
00:48:52 Litt, RobertGeneral Counsel I THINK THAT THERE -- THROUGHOUT THE VARIOUS AGENCIES THERE ARE RECORDS OF THAT THAT HAVE A GREATER...
00:49:10 Litt, RobertGeneral Counsel YOU THINK THERE SHOULD? ? I THINK IT IS DEFINITELY SOMETHING THAT SHOULD BE CONSIDERED WHETHER THERE...
00:49:19 Thornberry, William "Mac"U.S. Representative WOULD IT BE A GOOD IDEA FOR THE COMMITTEE TO KEEP BETTER RECORDS OF WHO IS IN WHAT BRIEFING AND TO...
00:49:34 Litt, RobertGeneral Counsel AS A MEMBER OF THE EXECUTIVE BRANCH I WOULD NOT PRESUME TO GIVE ADVICE TO CONGRESS ON WHAT RULES AND...
00:49:45 Thornberry, William "Mac"U.S. Representative THAT GO BACK TO THE BEGINNING IN MY MIND A BIT. THE GENERAL PROPOSITION IN SECTION 501 IS THAT ADMINISTRATION...
00:50:09 Litt, RobertGeneral Counsel I THINK THAT THIS AREA IS ONE OF THOSE WHERE YOU HAVE TWO CONSTITUTIONAL AUTHORITY IS BUMPING UP AGAINST...
00:50:52 Thornberry, William "Mac"U.S. Representative I AM TRYING TO UNDERSTAND, AS WE TALK ABOUT THE WAY THIS WORKS, WHAT THE DIFFERENCE IS IN AN EXECUTIVE...
00:51:30 Litt, RobertGeneral Counsel WELL, I AM NOT GOING TO PURPORT TO LIST ALL THE OBJECTIONS BECAUSE I AM NOT SURE I COULD DO THAT RIGHT...
00:52:01 Thornberry, William "Mac"U.S. Representative OKAY. IF I AGREE WITH YOU ON THAT, IF THERE IS A PRESUMPTION THAT THE ADMINISTRATION WILL SHARE ALL...
00:52:23 Litt, RobertGeneral Counsel I'M NOT ENOUGH OF A SCHOLAR ON THE EXACT LIMITS OF CONSTITUTIONAL AUTHORITY. WE HAVE THE DEPARTMENT...
00:53:07 Thornberry, William "Mac"U.S. Representative MY TIME HAS EXPIRED. THANK YOU.
00:53:13 Schakowsky, Janice "Jan"U.S. Representative MR. RUSH.
00:53:15 Schakowsky, Janice "Jan"U.S. Representative -- MR. RUSH? MR. RUSH HOLT.
00:53:20 Holt, RushU.S. Representative THANK YOU MADAM CHAIR. THANK YOU FOR COMING. I WOULD LIKE TO EXPLORE SEVERAL DIFFERENT POINTS. I...
00:53:44 Litt, RobertGeneral Counsel WELL, I DO NOT KNOW. I DO NOT KNOW WHAT HAPPENED BEFORE I STARTED. SINCE JUNE, I CAN SAY THAT I AM...
00:54:04 Holt, RushU.S. Representative LET'S SEE. LET ME MAKE SURE I HAVE YOUR TITLE CORRECT. AS THE GENERAL COUNSEL OF THE OFFICE OF THE...
00:54:31 Litt, RobertGeneral Counsel AS I SAID EARLIER, I WOULD HOPE THAT THE DIRECTOR WOULD CONSULT HIS LEGAL COUNSEL. I SUPPOSE THERE...
00:54:52 Holt, RushU.S. Representative AND YOU THINK IN ANY OF THE SUB UNITS, THE CENTRAL INTELLIGENCE AGENCY OR OTHERS, THAT THERE MIGHT...
00:55:06 Litt, RobertGeneral Counsel THAT SHOULD NOT HAPPEN.
00:55:08 Holt, RushU.S. Representative NOW, I NOTE IN THE OCTOBER MEMO FROM THE DIRECTOR OF NATIONAL INTELLIGENCE TITLED THE FOLLOW UP REPORTING...
00:56:16 Litt, RobertGeneral Counsel I THINK THAT WE DO HAVE MORE POWER THAN JUST THAT TO SUGGEST. I THINK THAT IF THEY DO HAVE THE POWER...
00:56:52 Holt, RushU.S. Representative SO YOU ARE NOT -- AS A MEMBER OF THE OFFICE OF THE DEPARTMENT YOU ARE NOT SUGGESTING THERE NEEDS TO...
00:57:04 Litt, RobertGeneral Counsel IN MY VIEW, THERE WOULD BE AUTHORITY FOR THE DIRECTOR TO ISSUE POLICY IN THIS AREA.
00:57:12 Holt, RushU.S. Representative LET ME ASK YOURS AND THE DIRECTOR'S INTERPRETATION OF THE WORDING OF THE OBLIGATION TO KEEP CONGRESS...
00:57:55 Litt, RobertGeneral Counsel I THINK THAT WITH RESPECT TO THE OBLIGATION TO KEEP THE COMMITTEES FULLY AND CURRENTLY INFORMED, THAT...
00:58:32 Holt, RushU.S. Representative IT IS MORE THAN 2 PERFUNCTORILY CHECK OFF ON A LIST THAT SOME WORDS HAVE BEEN SENT TO CONGRESS?
00:58:40 Litt, RobertGeneral Counsel IN MANY CASES IT WOULD BE MORE THAN THAT, YES.
00:58:44 Holt, RushU.S. Representative IN WHAT CASES WOULD IT BE ONLY THAT?
00:58:49 Litt, RobertGeneral Counsel IF YOU ARE BEING NOTIFIED THAT A NEW FACILITY IS BEING OPENED AT THE COST OF ACCESS MILLION DOLLARS,...
00:59:38 Holt, RushU.S. Representative THANK YOU MADAM CHAIRS.
00:59:40 Schakowsky, Janice "Jan"U.S. Representative MR. CONWAY.
00:59:44 Conaway, K. "Mike" MichaelU.S. Representative THANK YOU MADAM CHAIRMAN. ROBERT, WELCOME. IN YOUR TESTIMONY, WHILE I APPRECIATE HUNDRED BRIEFINGS...
01:00:24 Litt, RobertGeneral Counsel WE DID NOT FIND ANYTHING SYSTEMIC. I THINK THAT WHEN SOME OF THE AGENCIES WENT BACK AND LOOK AT THEIR...
01:00:51 Conaway, K. "Mike" MichaelU.S. Representative 2005, 100-THREE. IN YOUR WRITTEN TESTIMONY YOU MAKE REFERENCE TO NOT BEING IN FAVOR OF A BLANKET POLICY...
01:01:32 Litt, RobertGeneral Counsel I THINK THE WAY YOU ARTICULATE IT IS THE WAY I UNDERSTAND IT IS, WHICH IS THAT THE 2005, 100-38 DOES...
01:01:52 Conaway, K. "Mike" MichaelU.S. Representative THEY ARE THE EXACT DEFINITIONS USED IN A R 72 AND POLICY 1-33? WITH THOSE HAVE BEEN WITHDRAWN FOR...
01:02:12 Litt, RobertGeneral Counsel NOT ALL AGENCIES HAVE THEIR OWN INDIVIDUAL POLICIES. I THINK THE CIA AND NSA FOR EXAMPLE, ON THEIR...
01:02:30 Conaway, K. "Mike" MichaelU.S. Representative CONFLICTS BETWEEN THE TWO WOULD BE RESOLVED WITH THIS POLICY?
01:02:37 Litt, RobertGeneral Counsel THAT IS RIGHT. THE POLICY TRUMPS THAT.
01:02:41 Conaway, K. "Mike" MichaelU.S. Representative LOOKING FOR THIS, POINT OF CONTACT OF HAVING ONLY ONE PERSON RESPONSIBLE OF THE THEN THE DIRECTOR...
01:03:21 Litt, RobertGeneral Counsel NO. THAT IS OBVIOUSLY NOT THE CASE, ALTHOUGH IT IS MY UNDERSTANDING, FOR EXAMPLE, AND THE CIA THEY...
01:03:42 Conaway, K. "Mike" MichaelU.S. Representative IT SHOULD BE THE HEAD OF THE AGENCIES THAT FOCUSED.
01:03:47 Litt, RobertGeneral Counsel THE HEAD OF THE AGENCY HAS A LOT OF THINGS TO FOCUS ON. ONE OF THE BEST PRACTICES THAT WE MENTIONED...
01:04:16 Conaway, K. "Mike" MichaelU.S. Representative SOMETHING THAT HAS BEEN BROUGHT UP. SHOULD THERE BE MORE TEETH IN A STATEMENT THAT I WILL CIRCLE ...
01:04:41 Litt, RobertGeneral Counsel I THINK THAT IS IMPLICIT.
01:04:43 Conaway, K. "Mike" MichaelU.S. Representative WE'LL LOOK FORWARD TO HAVING THAT DISCUSSION AS TO HOW HE DID CIRCLE BACK AGAINST HIS OWN BEST PRACTICES...
01:04:55 Schakowsky, Janice "Jan"U.S. Representative THANK YOU. IF WE COULD DO ANOTHER BRIEF ROUND AND GO INTO, FOR THOSE WHO WANT TO ASK ANY MORE QUESTIONS,...
01:07:11 Litt, RobertGeneral Counsel WELL, I THINK EARLY ON IN YOUR QUESTION YOU PUT YOUR FINGER ON WHAT I THOUGHT THE MOST IMPORTANT SOLUTION...
01:07:50 Schakowsky, Janice "Jan"U.S. Representative WHERE DOES THE BUCK STOP? MR. CONWAY RAISED THAT ISSUE ABOUT ALLEGED AFFAIRS. IF THEY ARE NOT HIM...
01:08:04 Litt, RobertGeneral Counsel ULTIMATELY, IF YOU HAVE AN AGENCY WITH THOUSANDS OF PEOPLE OUT THERE, THE ONLY WAY -- NEW MATTER WHO...
01:09:03 Schakowsky, Janice "Jan"U.S. Representative I WOULD SUGGEST THAT WHAT MR. HOLT RAISED THE IDEA OF ENCOURAGING IS NOT SUFFICIENT FOR CULTURE CHANGE....
01:09:25 Litt, RobertGeneral Counsel I CAN ONLY TELL YOU THAT IN THE COURSE OF GETTING READY FOR THIS HEARING AND DISCUSSIONS I HAD HAD...
01:09:57 Eshoo, Anna G.U.S. Representative THANK YOU. I HAVE AN APPRECIATION FOR TRAINING PROGRAMS AND PEOPLE AT THE VARIETY OF DESKS AND LOU...
01:15:26 Litt, RobertGeneral Counsel GENERALLY SPEAKING, THE INTELLIGENCE COMMITTEE POLICY MEMORANDUM ISSUED APPLIES ACROSS THE INTELLIGENCE...
01:15:33 Eshoo, Anna G.U.S. Representative IS IT GENERALLY? ARE THERE EXCEPTIONS? TWO NO.
01:15:37 Eshoo, Anna G.U.S. Representative THE STANDARD IS ALL THE SAME AND THE STAMP SAME MEMORANDUM IS FOR ALL AGENCIES?
01:15:47 Litt, RobertGeneral Counsel AS I SAID, AT THAT LEVEL OF GENERALITY, THAT MEMORANDUM APPLIES ACROSS TO ALL AGENCIES. AGENCIES ARE...
01:16:05 Eshoo, Anna G.U.S. Representative THIS IS ALL RELATIVE TO INFORMING CONGRESS?
01:16:08 Litt, RobertGeneral Counsel YES.
01:16:13 Eshoo, Anna G.U.S. Representative I THINK WE NEED TO SEE ALL OF THAT. NOT JUST -- I THINK WE NEED TO SEE WHAT THE INTERPRETATIONS ARE....
01:16:31 Schakowsky, Janice "Jan"U.S. Representative MR. MILLER.
01:16:32 Miller, JeffU.S. Representative MR. [ LAUGHTER ] -- LITT, YOU SAID YOU WERE FROM -- WE APPRECIATE THAT YOU NOT TELL CONGRESS HOW TO...
01:17:08 Litt, RobertGeneral Counsel I'M GETTING OUT OF MY COMFORT ZONE. I AM ON A LEGAL INTERPRETATION, I THINK MY VIEW ON THIS IS THAT...
01:18:19 Miller, JeffU.S. Representative I AGREE. I THINK, GIVEN THIS RESPECT, CONGRESS AND THE EXECUTIVE BRANCH NEED TO WORK TOGETHER TO ...
01:18:41 Litt, RobertGeneral Counsel ULTIMATELY, THE PRESIDENT IS RESPONSIBLE FOR ALL THE NATIONAL SECURITY APPARATUS. I THINK A GREAT...
01:19:02 Miller, JeffU.S. Representative WE HAVE JUST ESTABLISHED THAT. AS A RESULT OF CONSULTATION AND COOPERATION BETWEEN THE BRANCHES ON...
01:19:22 Litt, RobertGeneral Counsel I WOULD HOPE THAT EVERYBODY WOULD APPROACH THE CONSULTATION AND NOTIFICATION PROCESS IN THE SPIRIT...
01:19:32 Miller, JeffU.S. Representative IF FOLLOW A QUESTION TO MR. SHIFT'S EARLIER ROUND OF QUESTIONS AS TO WHAT WOULD TRIGGER A NOTIFICATION....
01:19:55 Litt, RobertGeneral Counsel I THINK YOUR QUESTION HIGHLIGHTS WHY I KEEP SAYING THIS IS A MATTER OF JUDGMENT. OBVIOUSLY, A SIGNIFICANT...
01:20:30 Miller, JeffU.S. Representative I DO NOT THINK YOU CAN EITHER, AND I THINK THAT IS WHY WE ARE HAVING THE DISCUSSION WE ARE HAVING...
01:21:04 Litt, RobertGeneral Counsel I AM NOT AWARE OF ANY SUCH FINDING.
01:21:11 Eshoo, Anna G.U.S. Representative IT QUICK FOLLOW-UP. YOU'RE NOT AWARE BECAUSE YOU ARE NEW? YOU ARE NOT AWARE BECAUSE YOU HAVE NOT...
01:21:23 Litt, RobertGeneral Counsel I CONSIDER MYSELF EVEN THOUGH I AM NEW ON THE JOB TO BE REASONABLY INFORMED.
01:21:26 Eshoo, Anna G.U.S. Representative EXACTLY.
01:21:30 Litt, RobertGeneral Counsel I AM NOT AWARE AS RANKING MEMBER MILLER PUT THE QUESTION. I AM NOT AWARE OF ANYTHING THAT WOULD MEET...
01:21:39 Litt, RobertGeneral Counsel NO. I SUPPOSE THERE IS SOMETHING OUT THERE, SOME INSPECTOR GENERAL REPORTS OUT THERE. IN PREPARATION...
01:22:01 Schakowsky, Janice "Jan"U.S. Representative THANK YOU.
01:22:02 Myrick, SueU.S. Representative THANK YOU. I WANTED TO FOLLOW UP WHEN I WAS ASKING BEFORE ABOUT THE LEAKING OF CLASSIFIED INFORMATION....
01:22:50 Schakowsky, Janice "Jan"U.S. Representative YOU CAN INFORM THE WHOLE
01:22:51 Schakowsky, Janice "Jan"U.S. Representative MR. HOLT.
01:22:52 Holt, RushU.S. Representative AND YOU, MADAM CHAIR. JUST A VERY BRIEF PREAMBLE. YOU SHOULD WANT THIS. EVERYBODY IN THE INTELLIGENCE...
01:24:42 Litt, RobertGeneral Counsel IT HADN'T TAKEN PLACE THAT I'M AWARE OF AND I'M NOT AWARE OF ANY PLANS TO DO IT IN RESPONSE TO YOUR...
01:24:50 Holt, RushU.S. Representative LET ME JUST JUMP IN THERE AND -- IN KEEPING WITH MY EARLIER COMMENT, I WOULD URGE THE DIRECTOR, MOST...
01:25:17 Litt, RobertGeneral Counsel I WAS JUST GOING TO SAY THAT I UNDERSTAND THAT DIRECTOR BLAIR SHARES YOUR VIEWS OF THE IMPORTANCE...
01:25:40 Litt, RobertGeneral Counsel MADAM CHAIR, YOU KNOW, SOMETHING THAT MR. HOLT JUST SAID REFRESHED MY RECOLLECTION ON SOMETHING. ...
01:26:04 Thornberry, William "Mac"U.S. Representative THANK YOU. MR. LITT, DO YOU BELIEVE THAT THE NATIONAL SECURITY ACT OF 1947 AND THOSE PROVISIONS WE'RE...
01:26:43 Thornberry, William "Mac"U.S. Representative AND I'M NOT DISAGREEING WITH THAT. THERE WILL BE JUDGMENT. BUT I GUESS IF I COULD ASK YOU, DO YOU...
01:26:58 Litt, RobertGeneral Counsel I THINK THAT IN MY VIEW, THE BETTER APPROACH AS I SAID, IS IN REFOCUSING THE INTELLIGENCE COMMUNITY...
01:27:12 Thornberry, William "Mac"U.S. Representative IF YOU READ THE STATUTE, IT PROVIDES FOR GANG OF EIGHT LIMITED ANY INFORMATION PROCEDURES FOR COVERT...
01:27:32 Litt, RobertGeneral Counsel WELL, I THINK THAT THE EXECUTIVE BRANCH READS THE PREAMBLE LANGUAGE OF SECTION 502 WHICH REFERS TO...
01:28:06 Thornberry, William "Mac"U.S. Representative YEAH. BUT THAT'S HELPFUL TO ME. THERE IS THAT PROVISION THAT SAYS TO THE EXTENT NECESSARY TO PROTECT...
01:28:31 Litt, RobertGeneral Counsel AS I SAID, I THINK THAT THE -- OUR VIEW IS THAT IT DOESN'T PROVIDE DISCRETION ON WHETHER TO BRIEF....
01:28:51 Thornberry, William "Mac"U.S. Representative I'LL JUST SAY, A YEAR AGO, THERE WAS SOME BIPARTISAN AGREEMENT OF A CHANGE IN THE STATUTE THAT WOULD...
01:29:51 Schakowsky, Janice "Jan"U.S. Representative MR. CONWAY?
01:29:54 Conaway, K. "Mike" MichaelU.S. Representative THANK YOU. YOU MENTIONED THE BLANK SHAKE. I HAVE GREAT CONFIDENCE IN THE BUREAU OF PRISONS WHEREVER...
01:30:35 Litt, RobertGeneral Counsel MY KNOWLEDGE OF THAT CASE IS DERIVED FROM READING NEWSPAPER REPORTS AND THE CASE REPORTS. I CAN'T...
01:31:42 Conaway, K. "Mike" MichaelU.S. Representative WOULD YOU ANTICIPATE THAT MORE PEOPLE HAVING ACCESS TO THE DETAINEES IN THE UNITED STATES IS LESS...
01:31:52 Litt, RobertGeneral Counsel I'M NOT SURE THAT MORE PEOPLE WOULD HAVE ACCESS TO THEM HERE
01:31:56 Conaway, K. "Mike" MichaelU.S. Representative OKAY. AND THAT'S BASED ON --
01:32:00 Litt, RobertGeneral Counsel WELL, I MEAN, THERE'S THE --
01:32:02 Conaway, K. "Mike" MichaelU.S. Representative THAT'S A RHETORICAL QUESTION. THE REAL ISSUE ABOUT BRINGING THOSE FOLKS ON GUISE SOIL IS FEDERAL JUDGES...
01:32:35 Schakowsky, Janice "Jan"U.S. Representative AT THIS POINT, WE'LL RECESS THE COMMITTEE AND CLOSE THE OPEN SESSION AND RECONVENE IN OUR REGULAR...

NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.

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PEOPLE GRID LIST

  • Litt, Robert
  • Eshoo, Anna G.
  • Schakowsky, Janice "Jan"
  • Miller, Jeff
  • Thornberry, William "Mac"
  • Holt, Rush
  • Conaway, K. "Mike" Michael
  • Schiff, Adam B.
  • Myrick, Sue

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