By Manu Raju, Jeremy Herb and Jenna McLaughlin, CNN
Gina Haspel, President Donald Trump's controversial pick to
lead the CIA, is waging a behind-the-scenes effort to win over
lawmakers amid concern from some in the Trump administration and
Republican circles that she may have trouble winning confirmation,
according to multiple sources familiar with her work.
Haspel, who is under scrutiny because of her past oversight of a
CIA "black site" in Thailand, has told senators over the past two weeks
that she understands waterboarding is illegal and that she would follow
the law if confirmed, according to two sources with knowledge of the
conversations.
She has also distanced herself from the
destruction of CIA tapings of harsh interrogations, saying she didn't
order the tapes to be destroyed, the sources said. And she has argued
that the post 9/11 mindset in the CIA and federal laws over
interrogation tactics are far different today.
It's all part of
an effort, the sources say, to explain Haspel's ties to the detention
and interrogation program during the Bush era. The campaign could prove
crucial in determining whether Haspel will advance to one of the premier
positions in American intelligence, and make history if she were to
become the first woman to lead the CIA.
But none of that will be
possible if Haspel doesn't win at least some Democratic votes. The math
will be tough, though it's too early to suggest her nomination is
imperiled, GOP sources say. Several moderate Democrats up for
re-election this fall in states Trump won have signaled an openness to
her nomination.
Haspel will likely need at least one Democrat to
support her and offset the opposition of Kentucky Republican Sen. Rand
Paul. With GOP Sen. John McCain of Arizona absent from the chamber
battling aggressive cancer, Senate Majority Leader Mitch McConnell can't
afford to lose any more Republican support. McConnell has expressed to
Trump that confirming anyone to a significant Cabinet-level position is
going to be challenging in this political environment, especially as the
midterms near, according to a source familiar with the matter.
Difficult fight
The difficult fight ahead for Haspel's confirmation has some Trump
allies and advisers contemplating whether an alternative pick could win
easier confirmation.
Just days after Trump tweeted his selection
of Haspel, there was at least one meeting of National Security Council
professional staff in which alternative names for the job were floated
in case Haspel faltered, CNN has reported.
Since then, concerns that her nomination could be in danger have
grown. Two sources familiar with White House thinking told CNN many are
concerned Haspel is in trouble, and there are ongoing conversations at
the White House and NSC about whether to withdraw her name from
consideration if she stumbles during the confirmation process. Those
conversations are preliminary and the White House is still pushing her
nomination.
One informal adviser to Haspel guiding her process
on Capitol Hill was weary of what they considered a steady uphill
battle, though the adviser appeared hopeful that once lawmakers
extracted their "pound of flesh," a handful of Democrats would
ultimately vote to confirm Haspel.
CIA spokesman Ryan Trapani
said in a statement that Haspel was "one of the most qualified persons
to be nominated as CIA Director."
"Through the confirmation
process, the American public will get to know Ms. Haspel for the first
time," Trapani said. "When they do, we are confident America will be
proud to have her as the next CIA Director."
The CIA has gone to unusual lengths to promote Haspel, sending out a 15 tweet thread Friday that included details about her upbringing in a military family in Ashland, Kentucky, and her career around the world.
Looking for clues
Haspel has yet to be formally nominated for the CIA director post and
Mike Pompeo remains atop the agency for now. But Trump selected him to
become the next secretary of state as part of a broader reshuffling of
his Cabinet and senior staff. Pompeo is expected to go through
confirmation proceedings first, and Republicans may look to that process
for clues about whether Haspel can get over the confirmation hump.
Sen. Mark Warner, a Virginia Democrat who is the vice chairman of the
Senate Intelligence Committee, could prove to be a bellwether of the
ultimate success of Haspel, who is currently deputy CIA director. He
seemed open to her leading the agency, telling CNN that Haspel "made
clear" before she took the job as deputy CIA director last year that
waterboarding was not permissible under the law today.
"Many
senators who question Ms. Haspel, including myself before she received
the deputy position, she made very clear that going forward, those
tactics were illegal, and she was going to follow the law," Warner said
in an interview when asked about waterboarding. "I hope that the agency
will work to declassify as much information as possible about her role
in those activities because there are lots and lots of questions that
have to be answered."
McConnell will need to keep Republicans
largely in line. Paul is already opposed to her nomination, and McCain
has expressed sharp concerns about Haspel's past. McCain, who was
tortured as a prisoner of war in Vietnam, sent a letter to Haspel last
week asking her to explain her role in the waterboarding of any
detainees, as well as whether she was in a position to stop the Bush-era
interrogation tactics.
Republicans are looking to a handful of
red-state Democrats to secure the votes for Haspel's confirmation. Some
vulnerable Democrats facing voters later this year offered Haspel praise
after she was nominated, including Sen. Bill Nelson of Florida. But
Democratic Sen. Dianne Feinstein of California, who is facing a primary
challenge from her left, has toughened her criticism of Haspel in recent days.
Whether Haspel's assurances are enough to win over support remains to
be seen. It's also unclear if the CIA will attempt to declassify records
from her past, as Democrats have demanded.
Discussions on declassification
Trump administration officials have been in discussions with the
Senate Intelligence Committee about what records may be declassified,
according to sources with knowledge of the discussions, although the
decision will ultimately be up to the CIA.
Haspel's 33-year CIA
career is controversial for several reasons. She oversaw a CIA black
site in Thailand in 2002 where harsh interrogations were conducted,
although she was not at the site when al Qaeda suspect Abu Zubaydah was
waterboarded at least 83 times. She was also chief of staff to the
director of the National Clandestine Service, Jose Rodriguez, in 2005
when the CIA tapes of interrogations were destroyed. Rodriguez wrote in
his memoir that he asked Haspel to prepare a cable granting permission
to destroy the tapes, though he made the decision.
If the CIA
does declassify records, it's uncertain whether new information will
reassure skeptics - or inflame them. And if the CIA doesn't declassify
the records, it could prompt protests from Democratic senators over
Trump administration secrecy, giving Democrats on the fence a reason to
vote no.
"To advance her now to such an important post would be a
referendum on supporting secrecy," said Sen. Ron Wyden, a Democratic
member of the intelligence panel who has said he would oppose Haspel's
nomination.
The Republican chairman of the Senate Intelligence
Committee, Richard Burr of North Carolina, said there are limits to what
the CIA can provide.
"I think it's important that members get
their questions answered to the degree that they can, (but) because this
is an intelligence agency, there are limits to how far we can go in
disclosing individuals that have been in the field for 30 years," Burr
told CNN earlier this month.
Burr said that he was confident
Haspel would provide the "clarity" needed about her record, arguing that
some disclosures were necessary to correct the record about her CIA
career.
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