An independent oversight board created to identify intelligence abuses ... was vacant for the first two years of the Bush administration

In Intelligence World, A Mute WatchdogPanel Reported No Violations for Five Years By John Solomon Washington Post Staff Writer Sunday, July 15, 2007; A03

An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration's counterterrorism effort, the Justice Department has told Congress.

Although the FBI told the board of a few hundred legal or rules violations by its agents after the Sept. 11, 2001, attacks, the board did not identify which of them were indeed legal violations. This spring, it forwarded reports of violations in 2006, officials said.

The President's Intelligence Oversight Board -- the principal civilian watchdog of the intelligence community -- is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes "may be unlawful." The board was vacant for the first two years of the Bush administration.
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Gonzales wrote that he did not consider the conduct in those reports to be abuses because the violations involved mistakes, not deliberate misconduct. "My testimony was completely truthful, and I stand by that testimony," he wrote.

Leahy scoffed at Gonzales's explanation. "The American people deserve an attorney general who will fully and accurately inform the Senate and the public about violations of civil liberties. Instead, they have one who misleads Congress and then hides behind dictionary definitions," he said.