THE POWERFUL JOHN BRENNAN.

Early in the transition, former CIA official John Brennan was criticized by civil libertarians for having made statements in support of torture and extraordinary rendition. Brennan subsequently withdrew his name from consideration as head of the CIA and instead ended up taking a position as a deputy national security adviser. Brennan's withdrawal was seen initially as a victory for civil libertarians, a sign that the administration was responsive to substantive critiques from the left. According to news reports, he has been leading the opposition within the administration to disclosing a number of Bush-era memos from the Office of Legal Counsel dealing with torture. CIA director Leon Panetta has reportedly taken Brennan's side in this regard. But it's worth noting who in the administration favors disclosure, according to this Wall Street Journal report.

A decision to keep secret key parts of the three 2005 memos outlining legal guidance on CIA interrogations would anger some Obama supporters who have pushed him to unveil now-abandoned Bush-era tactics. It would also go against the views of Attorney General Eric Holder and White House Counsel Greg Craig, people familiar with the matter said.

Top CIA officials have spoken out strongly against a full release, saying it would undermine the agency's credibility with foreign intelligence services and hurt the agency's work force, people involved in the discussions said. However, Director of National Intelligence Dennis Blair favors releasing the information, current and former senior administration officials said.

So let's get this straight: Brennan, who "persuaded" Panetta to lobby against disclosure, is standing in opposition to the White House counsel, the attorney general, and the director of national intelligence. Brennan may have withdrawn his name from consideration as head of the CIA, but he's clearly winning the battle over who has more influence with the president. Civil libertarians didn't beat Brennan. He beat them. That just wasn't clear until recently.

UPDATE: Spencer Ackerman had his eyes on the ball from the beginning.

-- A. Serwer