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688 points hunglee2 | 1 comments | | HN request time: 0s | source
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anigbrowl ◴[] No.34714381[source]
It might be true. But the story rests on the following premise:

*Biden’s and Nuland’s indiscretion, if that is what it was, might have frustrated some of the planners. But it also created an opportunity. According to the source, some of the senior officials of the CIA determined that blowing up the pipeline “no longer could be considered a covert option because the President just announced that we knew how to do it.”

The plan to blow up Nord Stream 1 and 2 was suddenly downgraded from a covert operation requiring that Congress be informed to one that was deemed as a highly classified intelligence operation with U.S. military support. Under the law, the source explained, “There was no longer a legal requirement to report the operation to Congress. [...]'

This glosses over the legal fact that the President can't just carry out military operations and then never mention them again, not least on the grounds that someone needs to be in the loop in case the executive branch suffers some catastrophic attack. As far as I am aware, 10 USC 130f still requires that Congress be notified of sensitive military operations within 48 hours: https://www.law.cornell.edu/uscode/text/10/130f

I don't see where Hersh addresses this aspect of the legal environment, he just waves it away. Of course, it could be that Congress notified but only a small number of sufficiently serious members with the capacity to keep their mouths firmly shut, but the article doesn't seem to contemplate that possibility.

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1. erentz ◴[] No.34714629[source]
He claims SOCOM covert military operations have to be reported to Gang of Eight but if you use regular Navy forces to do the covert operation you somehow do not. That seems beyond extremely suspect.

> There was a vital bureaucratic reason for relying on the graduates of the center’s hardcore diving school in Panama City. The divers were Navy only, and not members of America’s Special Operations Command, whose covert operations must be reported to Congress and briefed in advance to the Senate and House leadership—the so-called Gang of Eight. The Biden Administration was doing everything possible to avoid leaks as the planning took place late in 2021 and into the first months of 2022.