It looks like this Jeffrey Smith, former member of the CIA, might have a vested interest in keeping this all secret. Iow, a real conflict of interest.
I can't find a date for this interview (from your second link, PBS interview) but it was after 9/11. First he complains about all the restrictions on the activities of the CIA, the number of people they have to report to before putting plans into action:
So you have the ironic situation of the most secret, sensitive operations of the United States government are heavily regulated with frankly, lots of lawyers involved; very complex, presidential findings are required to be signed prior to the conduct of any covert activity.... The Congress requires by statute that the president execute a signed finding. It's called a finding because if the president says, "I find that this activity is necessary for the national security of the United States," it is then described in considerable detail; the president signs it by hand; it is then provided to the two intelligence oversight committees in Congress. It's often provided to the Appropriations Committee and the Armed Services Committees. Then detailed explanations of those covert activities are given to the Congress prior to the conduct of the operation.
So, he's fully aware of the laws, that much is clear. Then, he delivers the good news, that they have found ways around the laws governing their activities. I wonder what HE knew about all this?
The sad fact of the matter is it keeps a lot of lawyers busy. The good news is that, over time, we have figured out ways to conduct necessary intelligence activities and comply with the law, but still largely do what needs to be done. But it clearly "gums up the works" as we try to put together intelligence activity. It risks disclosures, because every time additional people know about activities, there is a greater risk of leaks. But we have largely found a way to make it work.
Definitely he should be recused from this matter and anything he has to say, taken with the knowledge that he himself might have been involved, or known about, whatever these secret activities were. He has already admitted to 'getting around the laws' which he acknowledges the existence of in that interview.
Excellent research, thank you ~ he definitely should be considered a 'mole' for the Bush administration and Cheney.