As vice president during 9/11, Cheney was at the center of an enduring debate over US spy powers
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Audio By Carbonatix
9:13 PM on Tuesday, November 4
By ERIC TUCKER and DAVID KLEPPER
WASHINGTON (AP) — Dick Cheney was the public face of the George W. Bush administration's boundary-pushing approach to surveillance and intelligence collection in the years after the attacks on Sept. 11, 2001.
An unabashed proponent of broad executive power in the name of national security, Cheney placed himself at the center of the public debate over detention, interrogation and spying that endures two decades later.
“I do think the security state that we have today is very much a product of our reaction to Sept. 11, and obviously Vice President Cheney was right smack-dab in the middle of how that reaction was operationalized from the White House,” said Stephen Vladeck, a Georgetown University law professor.
Cheney was arguably the Republican administration's most prominent booster of the Patriot Act, the law enacted nearly unanimously after 9/11 that granted the U.S. government sweeping surveillance powers.
He also championed a National Security Agency warrantless wiretapping program aimed at intercepting international communications of suspected terrorists in the United States, despite concerns over its legality.
If such an authority had been in place before Sept. 11, Cheney once said, it could have led the U.S. “to pick up on two of the hijackers who flew a jet into the Pentagon.”
To confront potential terrorists and spies, law enforcement and intelligence agencies have retained key tools, which became broadly known after the attacks and include including national security letters that permit the FBI to order companies to turn over information about customers.
Courts have questioned the legal justification of the government's surveillance apparatus, and a Republican Party that once solidly stood behind Cheney's national security worldview has grown significantly more fractured.
The bipartisan consensus on expanded surveillance powers after Sept. 11 has given way to increased skepticism, especially among some Republicans who believe spy agencies used those powers to undermine President Donald Trump while investigating ties between Russia and his 2016 campaign.
Congress in 2020 let expire three provisions of the Patriot Act that the FBI and Justice Department had said were essential for national security. One permitted investigators to surveil subjects without establishing that they were acting on behalf of an international terrorist organization.
A program known as Section 702 of the Foreign Intelligence Surveillance Act was reauthorized last year but only after significant negotiations. For the purpose of gathering foreign intelligence, it allowed the government to collect, without a warrant, the communications of non-Americans located outside the country.
“I think for someone like Vice President Cheney, expanding those authorities wasn't an incidental objective — it was a core objective," Vladeck said. “And I think the Republican Party today does not view those kinds of issues — counterterrorism policy, government surveillance authorities — as anywhere near the kind of political issues that the Bush administration did.”
As an architect of the U.S. invasions of Afghanistan and Iraq, Cheney pushed spy agencies to find evidence to justify military action.
Along with others in the administration, Cheney claimed Iraqi President Saddam Hussein was developing weapons of mass destruction and had ties to al-Qaida. Officials used that to sell the war to members of Congress and the American people, though that claim was later debunked.
The faulty intelligence used to justify the invasion of Iraq is held up as a significant failure by America's spy agencies and a demonstration of what can happen when leaders use intelligence for political ends.
The government's arguments for war fueled a distrust among many Americans that resonates today with some in the current Republican administration.
“For decades, our foreign policy has been trapped in a counterproductive and endless cycle of regime change or nation building,” Tulsi Gabbard, the director of the Office of National Intelligence, said in the Middle East last week.
Many lawmakers who voted to support using force in 2003 say they have come to regret it.
“It was a mistake to rely upon the Bush administration for telling the truth,” Sen. Ed Markey, D-Mass., said on the invasion's 20th anniversary.
Trump has long criticized Cheney, but the president is relying on a legal doctrine popularized during Cheney's time in office to justify deadly strikes on alleged drug-running boats in Latin America.
The administration says the U.S. is engaged in “armed conflict” with drug cartels and has declared them unlawful combatants.
“These narco-terrorists have killed more Americans than Al-Qaeda, and they will be treated the same," Defense Secretary Pete Hegseth said Oct. 28 on social media. ”We will track them, we will network them, and then, we will hunt and kill them."
After 9/11, the Bush-Cheney administration authorized the U.S. military to attack enemy combatants acting on behalf of terrorist organizations. That prompted questions about the legality of killing or detaining people without prosecution.
Cheney’s involvement in boosting executive power and surveillance and “cooking the books of the raw intelligence” has echoes in today's strikes, said Jim Ludes, a former national security analyst who directs the Pell Center for International Relations and Public Policy at Salve Regina University.
“You think about his legacy and some of it is very troubling. Some of it is maybe what the moment demanded,” Ludes said. “But it’s a complicated legacy.“
Vladeck noted an enduring legacy of the Bush-Cheney administration was “to blur if not entirely collapse lines between civilian reactions to threats and military ones."
He pointed to designating foreign terrorist organizations, a tool that predated the Sept. 11 attacks but became more prevalent in the years that followed. Trump has used the label for several drug cartels.
Protecting the U.S. from espionage, terrorism and other threats is a complicated endeavor spread across the government. When Cheney was vice president, for instance, agencies such as the Department of Homeland Security and the Office of the Director of National Intelligence, or ODNI, were established.
As was the case then, the division of labor can be disputed. A recent crack has surfaced between Director Kash Patel’s FBI and intelligence agencies overseen by Gabbard.
The FBI said in a letter to lawmakers that it “vigorously disagrees” with a legislative proposal that it said would remove the bureau as the government’s lead counterintelligence agency and replace it with a counterintelligence center under Gabbard's office.
“The cumulative effect,” the FBI warned in the letter obtained by The Associated Press, “would be putting decision-making with employees who aren’t actively involved in CI operations, knowledgeable of the intricacies of CI threats, or positioned to develop coherent and tailored mitigation strategies.”
That would be to the detriment of national security, the FBI said.
Spokespeople for the agencies later issued a statement saying they are working together with Congress to strengthen counterintelligence efforts.
