According to a bombshell Wall Street Journal article by Adam Entous and Danny Yadron, published online late Monday, the National Security Agency provided the White House with intercepted Israeli communications containing details of private discussions between Israeli prime minister Benjamin Netanyahu and U.S. lawmakers and American Jewish groups on the Iran nuclear deal. If true, this could be the biggest scandal of the Obama presidency.
The Journal article explains that President Obama decided to stop NSA collection against certain foreign leaders after the backlash against Edward Snowden’s disclosure that the NSA had eavesdropped on German chancellor Angela Merkel’s cellphone and monitored communications of the heads of state of other close U.S. allies.
According to the Journal story, President Obama did not halt NSA spying against Netanyahu. This is not a surprise, given the president’s chilly relations with the Israeli leader and Israel’s aggressive spying against the United States. It’s also not a surprise that the Obama administration sought intelligence on Netanyahu’s efforts to undermine the nuclear deal. But it is stunning to learn that NSA sent the White House intelligence on private discussions with U.S. congressmen on a major policy dispute between the White House and Congress.
According to the Journal article, to avoid a paper trail that would show that they wanted the NSA to report on Netanyahu’s interactions with Congress, Obama officials decided to let the agency decide how much of this intelligence to provide and what to withhold. The article cited an unnamed U.S. official who explained, “We didn’t say, ‘Do it.’ We didn’t say, ‘Don’t do it.’”
This suggests major misconduct by the NSA and the White House of a sort not seen since Watergate. First, intercepts of congressmen’s communications regarding a dispute between Congress and the White House should have been destroyed and never left the NSA building. The Journal article said a 2011 NSA directive requires direct communications between foreign intelligence targets and members of Congress to be destroyed, but gives the NSA director the authority to waive this requirement if he determines the communications contain “significant foreign intelligence.”
Netanyahu’s discussions with members of Congress on a policy dispute between Congress and the president do not qualify as foreign intelligence. Destroying this kind of information should not have been a close call for NSA. Congress should immediately ask NSA director Michael Rogers and Director of National Intelligence James Clapper to verify the Journal story and explain why intercepts of private discussions of members of Congress were provided to the White House. If this did happen, both officials should resign.