Feinstein Says Law May Have Been Broken

By MARIA NEWMAN

Published: July 12, 2009

Senator Dianne Feinstein, the chairwoman of the Senate Intelligence Committee, said on Sunday that the Bush administration may have broken the law if the Central Intelligence Agency concealed a covert spy program from Congress.

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The New York Times reported on Sunday that the agency’s current director, Leon E. Panetta, had told the Senate and House intelligence committees that the C.I.A. withheld the information about a secret counterterrorism program on direct orders from then Vice President Dick Cheney.

The Times said that according to two people with direct knowledge of the matter, Panetta ended the program when he first learned of its existence from subordinates on June 23 and briefed the two intelligence committees about it in separate closed sessions the next day.

Ms. Feinstein, a Democrat of California, said on “Fox News Sunday” that Mr. Panetta had told senators last month about Mr. Cheney ordering that the program not be disclosed to Congress.

If Congress were kept in the dark, she said on Fox News Sunday, “that’s something that should never, ever happen again.”

Senator Richard Durbin of Illinois, a Democrat, said that “absolutely” warranted an investigation.

“The executive branch cannot create programs like this one and keep Congress in the dark,” he said on ABC’s “This Week.” “To give the president unbridled authority goes way beyond the United States Constitution.”

But Senator John S. McCain said he did not know enough about Mr. Cheney’s involvement to say whether laws had been broken.

“The vice president, I think, should obviously be heard from if the accusations are leveled in his direction,” he said on NBC’s “Meet the Press.” “I think it’s, frankly, too early for me to reach any conclusion.

Jon Kyl, like Mr. McCain a Republican from Arizona, also said that it’s too soon to say whether an investigation needs to take place.

“What if it’s a top-secret program?” he asked. “Let’s not jump to conclusions.”

He added: “Look, the president and the vice president are the two people who have responsibility, ultimately, for the national security of the country. It is not out of the ordinary for the vice president to be involved in an issue like this.”