LETTER TO JOHN BRENNAN FROM DIANNE FEINSTEIN

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06241263
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: September 12, 2023
• Document Release Date: July 31, 2023
• Case Number: F-2014-01062
• Publication Date: January 23, 2014

Approved for Release: 2023/07/31 C06241263
DIANNE EEINSTBMCMIFORNIA.CHAMMAN
JOHN O. HOOCEFE
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13 A. MIKULSKI. MARYLAND DANIEL COA1S. INDIANA
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U.L. COLORADO MARCO RUMO, ROHM
ARNEFL VIRGINIA SUSAN COLONS. MAINE
1 KING, MAINE
HARRY REM. NEVADA. EX OFFICIO
MATH McCONNELL. KENTuCKY. EX OFFICIO
CARL LEVIN, NUCHIGAN. EX OFFICIO
JAMES INHOFE. OKLAHOMA. EX OFFICIO
DAVID GRANMS. STAFF DIRECTOR
Main/A SCOTT PCXNDEX1E1L MINORITY STAFF DIRECTOR
DESIREE THOMPSON SAWS. PREECE'S(
The Honorable John Brennan
Director
Central Intelligence Agency
Washington, D.C. 20505
Dear Director Brennan:
SELECT COMMITTEE ON INTELUGENCE
WASHINGTON, DC 20510-6475
January 23, 2014
SSCI# 2014-0471
You informed Vice Chairman Chambliss and me on January 15, 2014, that,
without prior consultation or approval from the Committee, CIA personnel had
conducted one or more searches of the computer network at an offsite facility that
the CIA had assigned exclusively to the staff of the Senate Select Committee on
Intelligence (SSCI) for use in the Committee's Study on the CIA Detention and
Interrogation Program. You also told Senator Chambliss and me that the CIA took
this action to determine whether a particular document or set of documents (what
we have called "the internal review" or "the Panetta review") was present on the
Committee computer network.
As you know, I am very concerned by these actions. First, after consultation
with other Senators and with the Senate Legal Counsel, I believe that depending on
the facts involved, this search may have been inconsistent with the separation of
powers principles embodied in the Constitution and essential to effective
congressional oversight of intelligence activities. Second, the search may have
violated the Fourth Amendment, the Speech and Debate Clause of the Constitution,
various statutes (including federal criminal statutes, such as the Computer Fraud
and Abuse Act), and Executive Order 12333. Third, the search violates a written
agreement between the CIA and the Committee that was reached at the outset of
the Study in 2009 to create a "walled-off' computer network for Committee use at
the offsite facility.
UNCLASSIFIF,DMSEIR-OFfitebtifreSteNcir
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I understand that, following my letter to you of January 17, 2014, asking you
to suspend all searches of the Committee network, you agreed that the CIA would
suspend any further searches, as per our prior written agreements.
The computer network in question was, according to the written agreement
between the CIA and the Committee in 2009, to be "walled-off' from CIA
personnel except for narrow cases involving technical support and assistance. The
network was recognized to contain SSCI work product, and was not to be accessed
or affected by CIA personnel without prior approval of the Committee.
The fact that the computers and the computer network were provided to the
SSCI by the CIA at a CIA-leased facility does not affect the SSCI's exclusive
rights with regard to the network. In fact, the Committee's strong preference in
2009 was to have the CIA provide all information relevant to the Study to the
Committee at its offices in the Hart Senate Office Building, as is standard
procedure for Committee oversight work. It was only because of the written
agreement between the Committee and the CIA, that assured the Committee of the
protections for SSCI infOrmation and materials at the CIA facility, that we agreed
to the present arrangement.
I have the following initial questions about the CIA breach of this agreement
and the CIA search of the Committee network. The Committee may also seek an
independent review of this action.
1. Who first suggested the search? Was it personally approved by you? If not,
who approved the search?
2. For what specific purpose or purposes was the search conducted?
3. Was legal guidance sought and provided prior to the approval? Did that
legal guidance take into account the written agreements with the Committee
prohibiting such a search without the Committee's approval?
4. What was the legal basis for the search of the Committee computer network?
Did CIA seek and obtain legal process in advance of conducting this search?
5. When did the search of the Committee network take place, where, and by
whom? Did the search involve any contractors? Was the search a one-time
event, or were there multiple searches of the Committee network? If the
latter, when did they occur, when did they end, and why did they end?
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6. What were the directions provided to the individuals who conducted the
search? How, specifically, was the search conducted?
7. What materials were searched and reviewed by CIA personnel or CIA
contractors. What parts of the Committee computer network were searched?
Did this search include internal communications between Committee staff or
personal notes or other work-product of Committee staff? Was any process
used to minimize the extent of the search of such sensitive materials? Was
the search limited to the majority staffs network?
8. Did the CIA physically enter either of the two combination-locked secure
rooms where the Committee computer network and the Committee's
research materials and work product are located? If so, were any hard copy
documents in those rooms reviewed or searched?
9. Did the CIA alter or remove any data from the Committee network? If so,
what specifically was altered or removed?
10.Does the CIA have any materials reviewed during the search in its
possession? If so, who has custody of these records and materials?
11.Who, if anyone, outside of the CIA was aware of the possibility or plans to
search the Committee network prior to the search occurring?
12.Who, if anyone, outside of the CIA, has the CIA consulted since the search?
Specifically, have CIA personnel informed the Director of National
Intelligence, the Department of Justice, the Federal Bureau of Investigation,
the White House, or the President's Intelligence Advisory Board and its
Intelligence Oversight Board?
Finally, at our January 15, 2014, meeting, you raised concerns about the
security of the CIA's classified computer systems, alleging the possibility that
Committee staff had obtained the internal review by working to gain unauthorized
access to CIA computers or databases. They did not. The internal review was
provided to Committee staff at the CIA-leased facility where the Committee Study
work was conducted. Due to the nature of the computer systems at the facility, the
Committee has no way to determine who provided the documents and for what
purpose.
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As I noted before, I view the CIA's actions with significant concern. I
intend to brief the full SSCI membership of this matter shortly and would
appreciate your answers to my questions as soon as can possibly be provided, and
no later than Monday, January 27, 2014.
Sincerely yours,
4Ares, �totek...e��
Dianne Feinstein
Chairman
cc: Members, Senate Select Committee on Intelligence
The Honorable Jim Clapper, Director of National Intelligence
Ms. Kathryn Ruemmler, White House Counsel
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