A Loophole In the Rules
Publicly at least, President Obama has made a clean break with his predecessor's controversial counterterrorism policies, but in private the new administration is leaving itself some wiggle room. A day before Obama signed executive orders closing Guantánamo Bay and banning torture, the White House's top lawyer privately indicated to Congress that the new president reserved the right to ignore his own (and any other president's) executive orders. In a closed-door appearance before the Senate intelligence committee, White House counsel Gregory Craig was asked whether the president was required by law to follow executive orders. According to people familiar with his remarks, who asked for anonymity when discussing a private meeting, Craig answered that the administration did not believe he was. The implication: in a national-security crisis, Obama could deviate from his own rules. A White House official said that Craig's remarks were being "mischaracterized."
Some Capitol Hill sources and intel officials said Craig's private remarks constituted a big loophole in new guidelines, one that would allow Obama to behave much like President Bush. "I don't think there's a really big change, sub rosa," said one veteran undercover spy. Intel sources cautioned that Craig's declaration does not mean Obama plans to issue secret orders that would contradict his public anti-torture stance. (During his confirmation hearing, Dennis Blair, Obama's new intel czar, said emphatically that there would be no torture "on my watch.") What it probably means in practice, the spy said, is that Obama could, in a dire emergency, issue a secret presidential "finding" instructing the CIA or another agency to overstep boundaries of public policy. But given the obloquy they have endured for following Bush's orders on interrogations and detentions, said another intel insider, CIA officials might resist any attempts by Obama to issue classified operational orders that contradict his official policies. "They don't want to be asked to do something in secret which has been publicly declared taboo," the insider said.
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Mark Hosenball joined Newsweek as an investigative correspondent in November 1993, covering a range of issues for the National Affairs department. Most recently, he has written and reported numerous stories on terrorism and the Sept. 11 attacks on America. He has also covered campaign finance, the Monica Lewinsky controversy, the death of Princess Diana, Whitewater, the crashes of EgyptAir flight 990 and TWA flight 800, as well as related air safety issues.
Hosenball came to Newsweek from "Dateline NBC," where he worked as an investigative producer. He also worked extensively as a print journalist, writing for a number of British and American publications, including the London Sunday Times, the London Evening Standard, Time Out, The Washington Post, The Wall Street Journal, and The New Republic. In addition, he has done commentaries for American Public Radio.
Hosenball has been honored with a number of prestigious awards. Most recently, along with a team of Newsweek correspondents, he was awarded the Overseas Press Club's most prestigious honor, the 2002 Ed Cunningham Memorial Award for best magazine reporting from abroad for Newsweek's coverage of the war on terror. His reporting and that of his colleagues earned Newsweek the prestigious National Magazine Award for General Excellence in 2002 for its coverage of September 11 and its aftermath. And a story he co-authored was highlighted in a citation Newsweek received by the White House Correspondents' Association when it awarded the magazine the 2002 Edgar A. Poe Award for "excellence on a story of national or regional importance. "Newsweek's September 11 coverage started long before the attacks. An article in the magazine's February 19, 2001 issue warned with chilling accuracy: 'The threat posed by (Osama) bin Laden is growing -- and coming ever closer to home."
Hosenball was a contributor to the CANAL + TV documentary, "L'Argent de la Drogue" (Drug Money), which was awarded the "Sept D'Or," the French equivalent of an Emmy. He also contributed to NBC News' coverage of the BCCI scandal, which earned a 1991 Peabody Award.
He attended the University of Pennsylvania and Trinity College in Dublin. He lives in the Washington, D.C. area with his wife and son.
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