CIA changes more complex than they appear

With the retirement of Porter Goss and his hand-selected No. 3 man, Dusty Foggo, and the subsequent nomination of active Major General Hayden to step in, the White House might have run into a legal hitch. Apparently, that arrangement would be illegal, as "either the Director of Central Intelligence or his deputy can be active or retired military, but not both."

The White House's apparent response was to reinstate Stephen Kappes, who quite due to differences with Porter Goss. The Post story linked to above suggests that Bush is trying to make nice with the CIA-- which implies that the agency has been very upset by the way his man Goss has handled things. But it also appears to be the only way that Bush could get his latest loyalist in the position.

The move was seen as a direct repudiation of Goss's leadership and as an olive branch to CIA veterans disaffected by his 18-month tenure, during which many other senior officials followed Kappes out the door. The White House was so eager to get out the news of Kappes's likely appointment that it was announced from the lectern in the briefing room, even though the Senate has not yet confirmed Hayden and Kappes was officially described as "the leading contender" for the job.

Other Goss lieutenants at the agency also appear to be on the way out, following Goss, who resigned Friday. Kyle "Dusty" Foggo, brought in by Goss as the CIA's executive director -- its No. 3 official -- announced to agency staff in an e-mail yesterday that he plans to resign as well. The FBI said it is investigating whether Foggo steered contracts to a friend, Brent R. Wilkes. The CIA confirmed last week that Foggo attended private poker games with Wilkes at a Washington hotel.

The moves are part of a concerted effort by the president's team to recover ground after several key Republicans expressed reservations about Hayden's nomination over the weekend, citing his military background and involvement in warrantless domestic surveillance. Most damaging to the White House was criticism by Rep. Peter Hoekstra (R-Mich.), the House intelligence committee chairman, who called Hayden "the wrong man at the wrong place at the wrong time."