Since its establishment in 1947, the CIA has
enjoyed a chummy relationship with Congress. But a dispute has
arisen between the CIA and the Senate Intelligence Committee over
the nature and extent of CIA torture during the Bush years. The
committee insisted on examining secret CIA secret files and
instructed the agency to make its records digitally available to
investigators, which it did at an unmarked subterranean
facility.
There, investigators have spent many months looking at CIA
computer records of its Bush-era interrogation procedures. In the
course of doing so, they learned that their computers in the CIA’s
secure facility—the ones they were using to examine CIA files in
the subterranean room—were hacked. It appears to the Senate
investigators that the hackers were CIA agents wanting to learn
what the investigators found out about them. The CIA counters that
the investigators actually hacked into CIA computers when
they examined far more materials than the CIA had agreed to make
available.
This is more than a schoolyard brawl, writes Andrew Napolitano.
This is the unbridled and likely unlawful use of government
computers and classified materials by CIA employees trying to
dampen the enthusiasm of their regulators, or by Senate
investigators accessing classified materials to which they may not
be entitled. Either way, this is a violation of the Fourth
Amendment’s prohibition of warrantless searches and
seizures.
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