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CIA's John Brennan apologizes for Senate spying

After Senate leaders learned about the intrusion in January and protested, the CIA made a criminal referral to the Justice Department, alleging improper behavior by Senate staffers. 

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Carolyn Kaster/AP/File
CIA Director John O. Brennan speaks in Washington, in March.

For months,聽CIA聽Director聽John聽Brennan聽stood firm in his insistence that the聽CIA聽had little to be ashamed of after searching the computers of the Senate Intelligence Committee. His defiant posture quickly collapsed after a devastating report by his own inspector general sided against the聽CIA聽on each key point of the dispute with the Senate.

According to an unclassified summary of the report released Thursday, five agency employees 鈥 two lawyers and three computer specialists鈥 improperly accessed Intelligence Committee computers earlier this year during a disagreement over interrogation documents. Then, despite聽Brennan聽ordering a halt to that operation, the聽CIA's聽office of security began an unauthorized investigation that led it to review the emails of Senate staffers and search them for key words.

After Senate leaders learned about the intrusion in January and protested, the聽CIA聽made a criminal referral to the Justice Department, alleging improper behavior by Senate staffers. That referral,聽CIA聽inspector general David Buckley found, was based on inaccurate information and was not justified.

When internal investigators interviewed three聽CIA聽computer specialists, they exhibited "a lack of candor," the IG report said.

Those devastating internal conclusions prompted聽Brennan聽to abandon his defensive posture and聽apologize聽to Intelligence Committee leaders.

"The director said that wherever the investigation led, he would accept the findings and own up to them," said his spokesman, Dean Boyd, describing what has become a difficult moment for the nation's most prominent spy agency.

Brennan聽has convened an internal accountability board chaired by former Sen. Evan Bayh, D-Ind., to examine whether any聽CIAofficers should be disciplined.

Furious Senate Democrats were unmoved, with some demanding further investigation and a public accounting from聽Brennan. By all accounts, the spying flap and the larger dispute over decade-old聽CIA聽interrogation practices have poisoned relations between key Democrats and the聽CIA.

Two Intelligence Committee Democrats, Sens. Mark Udall of Colorado and Martin Heinrich of New Mexico, called on聽Brennan聽to resign.

"I just don't have a lot of confidence in his leadership," Heinrich said in an interview after leaving a briefing on the IG report.

"What's needed now is a public apology from Director聽Brennan聽to staff and the committee, a full accounting of how this occurred and a commitment there will be no further attempts to undermine congressional oversight of聽CIA聽activities," said Sen. Ron Wyden, D-Ore., an Intelligence Committee member.

"The investigation confirmed what I said on the Senate floor in March 鈥斅燙IA聽personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers," Sen. Dianne Feinstein, the California Democrat who chairs the committee, said in a statement.

At issue was a January search by agency officers of Senate computers for information gathered in the course of a Senate investigation into the聽CIA's聽interrogation techniques. The search involved a penetration of the Senate portion of a shared, classified computer network at a Northern Virginia facility that was being used to provide Senate aides access to millions of聽CIA聽documents.

The fruits of the Senate's yearslong inquiry 鈥 a summary of a classified report on post-9/11 detentions and interrogations that accuses the聽CIA聽of misconduct 鈥 is expected to be made public soon.

The聽CIA聽conducted the search after it began to suspect that Senate aides had obtained a draft internal review that the聽CIAbelieved the Senate was not entitled to see. The review included comments from聽CIA聽officers describing misgivings about the treatment of al-Qaida detainees.

As it turned out, the Senate staffers got the review thanks to a glitch in the聽CIA's聽firewall, several officials said.

The findings of the investigation by the聽CIA's聽inspector general were shared with the Justice Department, which declined to pursue criminal charges against the聽CIA聽employees, officials said.

The inspector general concluded "that some聽CIA聽employees acted in a manner inconsistent with the common understanding" about the shared computer network, Boyd said.

Boyd said there was no malicious intent behind the actions of聽CIA聽officers. He said they were trying to determine how privileged agency documents ended up on the Senate side of the聽CIA聽network and whether there was a security breach.

The聽CIA聽is generally forbidden from conducting operations on U.S. soil. One reason no criminal charges were filed, said a Senate aide who was not authorized to speak publicly and requested anonymity, is that the Senate computers were on a聽CIA聽network subject to agency monitoring. But the聽CIA聽violated its agreement not to scrutinize the Senate side of the network.

The summary of the inspector general's report does not say who ordered the聽CIA聽search of Senate computers or who conducted it. The Senate staff used the system to communicate about their investigation into what some call torture by聽CIA聽officers.

Part of the聽CIA's聽computer surveillance, officials on both sides said, involved creating a fake Senate account to review what documents Senate staffers could access.

On Tuesday,聽Brennan聽informed Feinstein and Sen. Saxby Chambliss of Georgia, the senior Republican on the committee, "and apologized聽to them for such actions by聽CIA聽officers as described in the (inspector general's) report," Boyd said.

The move was a turnabout for the聽CIA聽director. After Feinstein complained in March about the聽CIA's聽penetration of committee computers,聽Brennan聽said, "When the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong." He added, "We wouldn't do that."

At the White House, spokesman Josh Earnest defended聽Brennan, pointing out that the聽CIA聽director "is the one who suggested that the inspector general investigate in the first place," and saying he continued to enjoy the president's confidence.

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