It is not too much of an exaggeration to say that, in one very important way, the president has lost control of his own government. The current constitutional crisis between the CIA and the Senate committee tasked with investigating its policies regarding torture during the previous administration has only one real solution that is consonant with the rule of law. Either CIA director John Brennan gets to the bottom of what his people were doing and publicly fires everyone involved, or John Brennan becomes the ex-director of the CIA. By the Constitution, this isn't even a hard call. The Senate has every legal right to investigate what was done in the name of the American people during the previous decade. It has every legal right to every scrap of information relating to its investigation, and the CIA has an affirmative legal obligation to cooperate. Period. The only way this is not true is if we come to accept the intelligence apparatus as an extra-legal, formal fourth branch of the government.

That is the choice that the president should give Brennan. Right now. This morning. Nobody is asking for the release of tracking data regarding the current operatives of al Qaeda. This information is being withheld because, during the late Avignon Presidency, the CIA repeatedly broke the law in its treatment of captives and it did so with the blessing of the highest reaches of the American government. That the president has not done this yet -- indeed, that he seems to have thrownhis support behind Brennan -- is not merely a mistake, it is a demonstration of the practical limits of the political appeal that got him elected in the first place.

Increasingly, the election of Barack Obama seems to have functioned more as an anesthetic than as an antidote to the criminality of his predecessor's government. His message of conciliation allowed the American people to forget what they had allowed a cabal of bureaucrats and fantasts to hijack their government in the chaos and terror following the attacks of September 11. The president offered the country, as I wrote at the time, absolution without penance. And he put that philosophy into action by declining right at the outset to prosecute, or even to thoroughly investigate, what had been done. What we are seeing today is the final limit to looking forward, and not back. The CIA, and the rest of the intelligence apparatus of the country, was not reconciled to democracy. They were not brought properly to heal and the American people were not forced to confront the consequences of the terrible abandonment of self-government that, at its worst, the intelligence community represents.

The Senate investigation is really the last chance for even the ghost of a full accounting. (The CIA already destroyed videotapes of the torture sessions ) The apparent interference with the Senate investigation is a constitutional crime of the first order. The president set himself to bring people together. That's a noble goal, and one with which few people would disagree. But it is not the CIA's goal. It never has been. Its long history of crimes and bungling have created a climate within the intelligence community that is anathema to intelligent self-government. The president is the only one who can change that. It's time that he start the job.

Charles P. Pierce Charles P Pierce is the author of four books, most recently Idiot America, and has been a working journalist since 1976.

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