Congress saw the same intel as the WH? non-partisan CRS says NO!

Memorandum December 14, 2005

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TO: Sen. Dianne Feinstein
FROM:
Alfred Cumming
Specialist in Intelligence and National Security
Foreign Affairs, Defense and Trade Division
SUBJECT: Congress as a Consumer of Intelligence Information

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This responds to your request for a discussion of Congress and its role as a consumer of national intelligence, and for a listing and a description of some of the U.S. Intelligence Community's principal intelligence products, including an identification of those which the executive branch routinely shares with Congress, and those which it does not.

Limitations on Congressional Access to Certain National Intelligence

By virtue of his constitutional role as commander-and-in-chief and head of the executive branch, the President has access to all national intelligence collected, analyzed and produced by the Intelligence Community. The President's position also affords him the authority - which, at certain times, has been aggressively asserted (1) - to restrict the flow of intelligence information to Congress and its two intelligence committees, which are charged with providing legislative oversight of the Intelligence Community. (2) As a result, the President, and a small number of presidentially-designated Cabinet-level officials, including the Vice President (3) - in contrast to Members of Congress (4) - have access to a far greater overall volume of intelligence and to more sensitive intelligence information, including information regarding intelligence sources and methods. They, unlike Members of Congress, also have the authority to more extensively task the Intelligence Community, and its extensive cadre of analysts, for follow-up information. As a result, the President and his most senior advisors arguably are better positioned to assess the quality of the Community's intelligence more accurately than is Congress. (5)

In addition to their greater access to intelligence, the President and his senior advisors also are better equipped than is Congress to assess intelligence information by virtue of the primacy of their roles in formulating U.S. foreign policy. Their foreign policy responsibilities often require active, sustained, and often personal interaction, with senior officials of many of the same countries targeted for intelligence collection by the Intelligence Community. Thus the President and his senior advisors are uniquely positioned to glean additional information and impressions - information that, like certain sensitive intelligence information, is generally unavailable to Congress - that can provide them with an important additional perspective with which to judge the quality of intelligence.

Authorities Governing Executive Branch Control Over National Intelligence

The President is able to control dissemination of intelligence information to Congress because the Intelligence Community is part of the executive branch. It was created by law and executive order principally to serve that branch of government in the execution of its responsibilities. (6) Thus, as the head of the executive branch, the President generally is acknowledged to be "the owner" of national intelligence.

more at
http://feinstein.senate.gov/crs-intel.htm