Sen. Tom Cotton is waiting for an answer from President Joe Biden’s director of national intelligence nominee Avril Haines before he agrees to a speedy Senate confirmation vote, in what’s likely to determine whether Haines’ is confirmed by the Senate on Wednesday.
Cotton has asked Haines to clarify an answer she gave Tuesday during her Senate Intelligence Committee confirmation hearing about the CIA’s interrogation program during the George W. Bush administration before allowing her confirmation to move forward, a Senate GOP aide said.
The aide said that Cotton was hopeful that he would receive a written response from Haines on Wednesday, known as a “question for the record,” at which point he would lift his hold on Haines’ nomination. But Cotton’s hold means it’s unclear whether Haines will get a Senate vote Wednesday. A Democratic Senate aide confirmed Cotton was the reason for a delay on Haines’ confirmation.
The hold from Cotton, even if temporary, underscores the difficulties Biden may have getting his Cabinet into place quickly, something that requires the cooperation of all 100 senators. Sen. Josh Hawley already said Tuesday he would block quick confirmation of Biden’s DHS nominee Alejandro Mayorkas, over immigration policy.
Until Haines is confirmed, the director of national intelligence role will be filled in an acting capacity by ODNI Chief Operating Officer Lora Shiao, a senior intelligence official told CNN.
Shiao served as COO under President Donald Trump’s DNI John Ratcliffe, who has left the job as expected.
Haines, testified before the Senate Intelligence Committee on Tuesday. Republican Sen. Marco Rubio, who is the panel’s acting chairman until Democrats take control of the Senate Wednesday afternoon, said Wednesday that he did not attend Biden’s inauguration ceremony because he was working on Haines’ confirmation.
At CIA, Biden’s pick for deputy director, David Cohen, will serve as acting director until the permanent nominee is confirmed. Biden’s pick for CIA director is former diplomat William Burns.
The GOP aide said Cotton was concerned with Haines’ response to a question from Oregon Democratic Sen. Ron Wyden about accountability inside the CIA over the Bush-era interrogation program that included the use of harsh tactics like waterboarding.
Following a review of the Senate Intelligence Committee’s “torture report” in 2013, Wyden noted that the CIA recommended broadening accountability reviews to include “systemic failures in accountability for individuals who were responsible for the failures.”
“Do you agree with this recommendation, and if you are confirmed would you seek to apply it to the intelligence community?” Wyden asked.
“Yes, senator, I agree with the 2013 recommendation that the Central Intelligence Agency indicated and to broaden the approach of accountability review boards that the report identified,” Haines responded.
Cotton asked Haines to clarify her answer during the Senate Intelligence Committee’s closed session following the open hearing Tuesday. He asked her to respond in writing, and submitted the question to Haines following the closed session, the aide said.
“During the subsequent closed session, you clarified that, if confirmed, any changes to the structure of accountability review boards or other administrative procedures would be forward looking, and that you would not re-litigate the conclusion of the CIA review into the rendition program or the Obama Administration’s closure of related investigations,” Cotton asked Haines in a written question. “Can you confirm that you will not reinvigorate efforts to prosecute, take administrative action against, or prejudice in any future promotion or selection panels any CIA officer involved with that program under DOJ guidance and Presidential direction?”
