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Major scandal erupts involving Rep. Jane Harman, 
Alberto Gonzales and AIPAC
Gleen Greenwald
Monday April 20, 2009 
 <http://www.salon.com/opinion/greenwald/2009/04/20/harman/index.html>
http://www.salon.com/opinion/greenwald/2009/04/20/harman/index.html

Other obligations prevent me from writing until later today -- and I intend
to focus on Rahm Emanuel's war-crimes-protecting proclamation that Obama's
desire for immunity extends beyond CIA officers perpetrating torture to the
"policy makers" who ordered it (watch today as the hardest-core Obama
loyalists start explaining how the UN doesn't matter, international treaties
are irrelevant, and war criminals need not be held accountable) -- but,
until then, I wanted to highlight this extremely important and well-reported
story from CQ's Jeff Stein, which involves allegations of major corruption
and serious criminal activity on the part of Democratic Rep. Jane Harman.
Here's one crucial prong of the story:

Rep. Jane Harman , the California Democrat with a longtime involvement in
intelligence issues, was overheard on an NSA wiretap telling a suspected
Israeli agent that she would lobby the Justice Department to reduce
espionage-related charges against two officials of the American Israeli
Public Affairs Committee, the most powerful pro-Israel organization in
Washington.

Harman was recorded saying she would "waddle into" the AIPAC case "if you
think it'll make a difference," according to two former senior national
security officials familiar with the NSA transcript.

In exchange for Harman's help, the sources said, the suspected Israeli agent
pledged to help lobby Nancy Pelosi, D-Calif., then-House minority leader, to
appoint Harman chair of the Intelligence Committee after the 2006 elections,
which the Democrats were heavily favored to win.

Seemingly wary of what she had just agreed to, according to an official who
read the NSA transcript, Harman hung up after saying, "This conversation
doesn't exist."

That's not even the most significant part. Back in October, 2006, Time
reported that the DOJ and FBI were investigating whether Harman and AIPAC
"violated the law in a scheme to get Harman reappointed as the top Democrat
on the House intelligence committee" and "the probe also involves whether,
in exchange for the help from AIPAC, Harman agreed to help try to persuade
the Administration to go lighter on the AIPAC officials caught up in the
ongoing investigation." So that part has been known since 2006.

Stein adds today that Harman was captured on an NSA wiretap conspiring with
an Israeli agent to apply pressure on DOJ officials to scale back the AIPAC
prosecution. But the real crux of Stein's scoop is that then-Attorney
General Alberto Gonazles intervened to kill the criminal investigation into
Harman -- even though DOJ lawyers had concluded that she committed crimes --
because top Bush officials wanted Harman's credibility to be preserved so
that she could publicly defend the Bush administration's illegal warrantless
eavesdropping program:

[C]ontrary to reports that the Harman investigation was dropped for "lack of
evidence," it was Alberto R. Gonzales, President Bush's top counsel and then
attorney general, who intervened to stop the Harman probe.

Why? Because, according to three top former national security officials,
Gonzales wanted Harman to be able to help defend the administration's
warrantless wiretapping program, which was about to break in The New York
Times and engulf the White House. . . .

Justice Department attorneys in the intelligence and public corruption units
who read the transcripts decided that Harman had committed a "completed
crime," a legal term meaning that there was evidence that she had attempted
to complete it, three former officials said. . . .

Then-CIA Director Porter J. Goss reviewed the Harman transcript and signed
off on the Justice Department's FISA application. . . . Goss, a former
chairman of the House Intelligence Committee, deemed the matter particularly
urgent because of Harman's rank as the panel's top Democrat.

But that's when, according to knowledgeable officials, Attorney General
Gonzales intervened.

According to two officials privy to the events, Gonzales said he "needed
Jane" to help support the administration's warrantless wiretapping program,
which was about to be exposed by the New York Times.

Harman, he told Goss, had helped persuade the newspaper to hold the wiretap
story before, on the eve of the 2004 elections. And although it was too late
to stop the Times from publishing now, she could be counted on again to help
defend the program

He was right.

On Dec. 21, 2005, in the midst of a firestorm of criticism about the
wiretaps, Harman issued a statement defending the operation and slamming the
Times, saying, "I believe it essential to U.S. national security, and that
its disclosure has damaged critical intelligence capabilities."

And thanks to grateful Bush administration officials, the investigation of
Harman was effectively dead. 

Indeed, as I've noted many times, Jane Harman, in the wake of the NSA
scandal, became probably the most crucial defender of the Bush warrantless
eavesdropping program, using her status as "the ranking Democratic on the
House intelligence committee" to repeatedly praise the NSA program as
"essential to U.S. national security" and "both necessary and legal." She
even went on Meet the Press to defend the program along with GOP Sen. Pat
Roberts and Rep. Pete Hoekstra, and she even strongly suggested that the
whistleblowers who exposed the lawbreaking and perhaps even the New York
Times (but not Bush officials) should be criminally investigated, saying she
"deplored the leak," that "it is tragic that a lot of our capability is now
across the pages of the newspapers," and that the whistleblowers were
"despicable." And Eric Lichtblau himself described how Harman, in 2004,
attempted very aggressively to convince him not to write about the NSA
program.

Stein's entire story should be read. It's a model of excellent reporting, as
it relies on numerous sources with first-hand knowledge of the NSA
transcripts (and what sweet justice it would be if Harman's guilt were
established by government eavesdropping). It should be noted that Harman has
issued a general denial of wrongdoing (but does not appear to deny that she
had the discussion Stein reports), and the sources in Stein's story are
anonymous (though because they're disclosing classified information and
exposing government wrongdoing, it's a classic case of when anonymity is
justifiable; and note Stein's efforts to provide as much information as
possible about his sources and why they are anonymous). 

There are many questions that the story raises -- Josh Marshall notes just
some of those vital questions here -- and Harman's guilt therefore shouldn't
be assumed. But obviously, given all the very serious issues this story
raises -- involving what seem to be credible allegations of very serious
wrongdoing by a key member of Congress, the former Attorney General and one
of the most powerful lobbying organizations in the country -- full-scale
investigations are needed, to put it mildly.

===

Harman was allegedly heard saying she'd 'waddle into' the AIPAC case in
return for support for her bid to become chair of the Intelligence
Committee. 

Bombshell: Rep. Jane Harman Caught on Tape Agreeing 
to Lobby for Alleged AIPAC/Israel Spies?
Jeremy Scahill
Rebel Reports 
April 20, 2009
 
<http://www.alternet.org/blogs/rights/137494/bombshell:_rep._jane_harman_cau
ght_on_tape_agreeing_to_lobby_for_alleged_aipac_israel_spies/>
http://www.alternet.org/blogs/rights/137494/bombshell%3A_rep._jane_harman_ca
ught_on_tape_agreeing_to_lobby_for_alleged_aipac_israel_spies/

This is a huge story: Representative Jane Harman, a hawkish, influential
"Blue Dog" Democrat "was overheard on an NSA wiretap telling a suspected
Israeli agent that she would lobby the Justice Department reduce
espionage-related charges against two officials of the American Israeli
Public Affairs Committee, the most powerful pro-Israel organization in
Washington," according to a report from CQ Politics:

Harman was recorded saying she would "waddle into" the AIPAC case "if you
think it'll make a difference," according to two former senior national
security officials familiar with the NSA transcript.

In exchange for Harman's help, the sources said, the suspected Israeli agent
pledged to help lobby Nancy Pelosi, D-Calif., then-House minority leader, to
appoint Harman chair of the Intelligence Committee after the 2006 elections,
which the Democrats were heavily favored to win.

Seemingly wary of what she had just agreed to, according to an official who
read the NSA transcript, Harman hung up after saying, "This conversation
doesn't exist."

The case, known as the AIPAC espionage scandal centers around allegations
that at least two AIPAC staff members passed sensitive US intelligence on
Iran, provided by Pentagon official Lawrence Franklin, to Israel. In early
2006, Franklin pled guilty to espionage-related charges and was sentenced to
13 years in prison. The case against two indicted AIPAC staffers, Steve
Rosen and Keith Weissman, is ongoing.

Allegations that Harman intervened in this case in an effort to win the spot
as chair of the Intelligence Committee have been widespread since 2006, but
an FBI investigation into Harman was dropped for "lack of evidence." As CQ
Politics reports:

What is new is that Harman is said to have been picked up on a
court-approved NSA tap directed at alleged Israel covert action operations
in Washington.

And that, contrary to reports that the Harman investigation was dropped for
"lack of evidence," it was Alberto R. Gonzales, President Bush's top counsel
and then attorney general, who intervened to stop the Harman probe.

Why? Because, according to three top former national security officials,
Gonzales wanted Harman to be able to help defend the administration's
warrantless wiretapping program, which was about break in The New York Times
and engulf the White House.

When Justice Department officials reviewed the transcript of the wiretaps on
Rep. Harman, its attorneys determined she had committed a "completed crime,"
which, according to CQ Politics is "a legal term meaning that there was
evidence that she had attempted to complete it." The Justice Department
attorneys wanted to open a case on her, but they needed the green light from
top intel officials to confirm it rightly constituted a national security
investigation. Porter Goss, who was then the CIA director reportedly
approved the investigation and was preparing to notify then-Minority Leader
Nancy Pelosi and House Speaker Dennis Hastert and, through them, Harman
herself:

But that's when, according to knowledgeable officials, Attorney General
Gonzales intervened.

According to two officials privy to the events, Gonzales said he "needed
Jane" to help support the administration's warrantless wiretapping program,
which was about to be exposed by the New York Times.

Harman, he told Goss, had helped persuade the newspaper to hold the wiretap
story before, on the eve of the 2004 elections. And although it was too late
to stop the Times from publishing now, she could be counted on again to help
defend the program

He was right.

On Dec. 21, 2005, in the midst of a firestorm of criticism about the
wiretaps, Harman issued a statement defending the operation and slamming the
Times, saying, "I believe it essential to U.S. national security, and that
its disclosure has damaged critical intelligence capabilities."

Pelosi and Hastert never did get the briefing.

And thanks to grateful Bush administration officials, the investigation of
Harman was effectively dead.

On his Salon blog today Glenn Greenwald points out:

Jane Harman, in the wake of the NSA scandal, became probably the most
crucial defender of the Bush warrantless eavesdropping program, using her
status as "the ranking Democratic on the House intelligence committee" to
repeatedly praise the NSA program as "essential to U.S. national security"
and "both necessary and legal." She even went on Meet the Press to defend
the program along with GOP Sen. Pat Roberts and Rep. Pete Hoekstra, and she
even strongly suggested that the whistleblowers who exposed the lawbreaking
and perhaps even the New York Times (but not Bush officials) should be
criminally investigated, saying she "deplored the leak," that "it is tragic
that a lot of our capability is now across the pages of the newspapers," and
that the whistleblowers were "despicable." And Eric Lichtblau himself
described how Harman, in 2004, attempted very aggressively to convince him
not to write about the NSA program.

There may be some who attempt to portray Harman as a victim of blackmail by
Gonzales (and the wiretapping of members of Congress-and other Americans-
should be thoroughly investigated) but Harman is a right wing Democrat who
was often in sync with the heinous policies of the Bush administration. Over
at TalkingPointsMemo, Josh Marshall raises some interesting issues on this
story, particularly relating to the wiretap itself:

Among the many questions the story raises are some that Harman should
probably answer, but not all. High on my list would be finding out more
about the circumstances under which a member of Congress ended up having her
phone conversations recorded by the NSA. The article suggests it was a
by-the-books wiretap - part of a highly-classified probe of Israeli agents
in the US, which led to the indictments of two AIPAC employees - and not one
of the `warrantless' ones. But we've seen so much funny business on that
front that I'm not sure that's enough information.

In a prepared statement, Harman said: "These claims are an outrageous and
recycled canard, and have no basis in fact. I never engaged in any such
activity. Those who are peddling these false accusations should be ashamed
of themselves."

 

 

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