FLE

Justice Deputy Resisted Parts of Spy Program

A top Justice Department official objected in 2004 to aspects of the National Security Agency's domestic surveillance program and refused to sign on to its continued use amid concerns about its legality and oversight, according to officials with knowledge of the tense internal debate. The concerns appear to have played a part in the temporary suspension of the secret program. The concerns prompted two of President Bush's most senior aides - Andrew H. Card Jr., his chief of staff, and Alberto R. Gonzales, then White House counsel and now attorney general - to make an emergency visit to a Washington hospital in March 2004 to discuss the program's future and try to win the needed approval from Attorney General John Ashcroft, who was hospitalized for gallbladder surgery, the officials said. The unusual meeting was prompted because Mr. Ashcroft's top deputy, James B. Comey, who was acting as attorney general in his absence, had indicated he was unwilling to give his approval to certifying central aspects of the program, as required under the White House procedures set up to oversee it. With Mr. Comey unwilling to sign off on the program, the White House went to Mr. Ashcroft - who had been in the intensive care unit at George Washington University Hospital with pancreatitis and was housed under unusually tight security - because "they needed him for certification," according to an official briefed on the episode. The official, like others who discussed the issue, spoke on the condition of anonymity because of the classified nature of the program. Mr. Comey declined to comment, and Mr. Gonzales could not be reached. Accounts differed as to exactly what was said at the hospital meeting between Mr. Ashcroft and the White House advisers. But some officials said that Mr. Ashcroft, like his deputy, appeared reluctant to give Mr. Card and Mr. Gonzales his authorization to continue with aspects of the program in light of concerns among some senior government officials about whether the proper oversight was in place at the security agency and whether the president had the legal and constitutional authority to conduct such an operation. It is unclear whether the White House ultimately persuaded Mr. Ashcroft to give his approval to the program after the meeting or moved ahead without it....

NSA Gave Other U.S. Agencies Information From Surveillance

Information captured by the National Security Agency's secret eavesdropping on communications between the United States and overseas has been passed on to other government agencies, which cross-check the information with tips and information collected in other databases, current and former administration officials said. The NSA has turned such information over to the Defense Intelligence Agency (DIA) and to other government entities, said three current and former senior administration officials, although it could not be determined which agencies received what types of information. Information from intercepts -- which typically includes records of telephone or e-mail communications -- would be made available by request to agencies that are allowed to have it, including the FBI, DIA, CIA and Department of Homeland Security, one former official said. At least one of those organizations, the DIA, has used NSA information as the basis for carrying out surveillance of people in the country suspected of posing a threat, according to two sources. A DIA spokesman said the agency does not conduct such domestic surveillance but would not comment further. Spokesmen for the FBI, the CIA and the director of national intelligence, John D. Negroponte, declined to comment on the use of NSA data. Since the revelation last month that President Bush had authorized the NSA to intercept communications inside the United States, public concern has focused primarily on the legality of the NSA eavesdropping. Less attention has been paid to, and little is known about, how the NSA's information may have been used by other government agencies to investigate American citizens or to cross-check with other databases. In the 1960s and 1970s, the military used NSA intercepts to maintain files on U.S. peace activists, revelations of which prompted Congress to restrict the NSA from intercepting communications of Americans....

Justice Dept. Investigating Leak of NSA Wiretapping

The Justice Department has opened a criminal investigation into recent disclosures about a controversial domestic eavesdropping program that was secretly authorized by President Bush after the Sept. 11, 2001, attacks, officials said yesterday. Federal prosecutors will focus their examination on who may have unlawfully disclosed classified information about the program to the New York Times, which reported two weeks ago that Bush had authorized the National Security Agency to monitor the international telephone calls and e-mails of U.S. citizens and residents without court-approved warrants, officials said. The Justice Department's decision to reveal the opening of a criminal investigation is rare, particularly given the highly classified nature of the probe. White House deputy press secretary Trent Duffy told reporters in Crawford, Tex., yesterday that the department "undertook this action on its own" and that Bush had only learned about it from senior staff earlier in the day. But Duffy reiterated earlier statements by Bush, who had sharply condemned the disclosure of the NSA program and argued that it seriously damaged national security....

NSA spied on its own employees, other U.S. intelligence personnel, journalists, and members of Congress

NSA spied on its own employees, other U.S. intelligence personnel, and their journalist and congressional contacts. WMR has learned that the National Security Agency (NSA), on the orders of the Bush administration, eavesdropped on the private conversations and e-mail of its own employees, employees of other U.S. intelligence agencies -- including the CIA and DIA -- and their contacts in the media, Congress, and oversight agencies and offices. The journalist surveillance program, code named "Firstfruits," was part of a Director of Central Intelligence (DCI) program that was maintained at least until October 2004 and was authorized by then-DCI Porter Goss. Firstfruits was authorized as part of a DCI "Countering Denial and Deception" program responsible to an entity known as the Foreign Denial and Deception Committee (FDDC). Since the intelligence community's reorganization, the DCI has been replaced by the Director of National Intelligence headed by John Negroponte and his deputy, former NSA director Gen. Michael Hayden. Firstfruits was a database that contained both the articles and the transcripts of telephone and other communications of particular Washington journalists known to report on sensitive U.S. intelligence activities, particularly those involving NSA. According to NSA sources, the targeted journalists included author James Bamford, the New York Times' James Risen, the Washington Post's Vernon Loeb, the New Yorker's Seymour Hersh, the Washington Times' Bill Gertz, UPI's John C. K. Daly, and this editor [Wayne Madsen], who has written about NSA for The Village Voice, CAQ, Intelligence Online, and the Electronic Privacy Information Center (EPIC). In addition, beginning in 2001 but before the 9-11 attacks, NSA began to target anyone in the U.S. intelligence community who was deemed a "disgruntled employee." According to NSA sources, this surveillance was a violation of United States Signals Intelligence Directive (USSID) 18 and the Foreign Intelligence Surveillance Act of 1978. The surveillance of U.S. intelligence personnel by other intelligence personnel in the United States and abroad was conducted without any warrants from the Foreign Intelligence Surveillance Court. The targeted U.S. intelligence agency personnel included those who made contact with members of the media, including the journalists targeted by Firstfruits, as well as members of Congress, Inspectors General, and other oversight agencies. Those discovered to have spoken to journalists and oversight personnel were subjected to sudden clearance revocation and termination as "security risks."....

FLASHBACK: CLINTON, CARTER SEARCH 'N SURVEILLANCE WITHOUT COURT ORDER

Bill Clinton Signed Executive Order that allowed Attorney General to do searches without court approval. Clinton, February 9, 1995: "The Attorney General is authorized to approve physical searches, without a court order" WASH POST, July 15, 1994, "Administration Backing No-Warrant Spy Searches": Extend not only to searches of the homes of U.S. citizens but also -- in the delicate words of a Justice Department official -- to "places where you wouldn't find or would be unlikely to find information involving a U.S. citizen... would allow the government to use classified electronic surveillance techniques, such as infrared sensors to observe people inside their homes, without a court order." Deputy Attorney General Jamie S. Gorelick, the Clinton administration believes the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes." Secret searches and wiretaps of Aldrich Ames's office and home in June and October 1993, both without a federal warrant. Government officials decided in the Ames case that no warrant was required because the searches were conducted for "foreign intelligence purposes." Government lawyers have used this principle to justify other secret searches by U.S. authorities. "The number of such secret searches conducted each year is classified..." Jimmy Carter Signed Executive Order on May 23, 1979: "Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order."

Clinton Claimed Authority to Order No-Warrant Searches

In a little-remembered debate from 1994, the Clinton administration argued that the president has "inherent authority" to order physical searches — including break-ins at the homes of U.S. citizens — for foreign intelligence purposes without any warrant or permission from any outside body. Even after the administration ultimately agreed with Congress's decision to place the authority to pre-approve such searches in the Foreign Intelligence Surveillance Act (FISA) court, President Clinton still maintained that he had sufficient authority to order such searches on his own. "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General." "It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities." Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power." Reporting the day after Gorelick's testimony, the Washington Post's headline — on page A-19 — read, "Administration Backing No-Warrant Spy Searches."....

Phone giants mum on spying

In the days following revelations that the Bush administration ordered the National Security Agency to spy on domestic telephone and Internet communications without a court order, one involved party has remained silent. The nation's telephone giants--which control the data pipelines--have neither commented on nor denied their reported participation, nor have they reacted to the charge that they may have been complicit in violating privacy rights. But historically the telecom companies have cooperated with the government on wholesale wiretapping, and the Bush administration's anti-terrorism programs appear to be no exception. Without commenting directly on a classified topic, industry officials--when asked--suggested that they would not stand in the way of a request for help. "Our members have worked for years with law enforcement with an objective to preserve lawfully authorized surveillance," said Tom Amontree, a spokesman for the US Telecom Association, the industry group representing most phone companies. "We have no comment on national security matters." Added Eric Rabe, a spokesman for Verizon Communications Inc., one of the nation's phone giants: "We typically make law enforcement agencies get a court order. Our default is to cooperate, but we don't feel we should appropriate customer information lightly. We try to make sure what we do is in compliance with the law."....

Covert CIA Program Withstands New Furor

The effort President Bush authorized shortly after Sept. 11, 2001, to fight al Qaeda has grown into the largest CIA covert action program since the height of the Cold War, expanding in size and ambition despite a growing outcry at home and abroad over its clandestine tactics, according to former and current intelligence officials and congressional and administration sources. The broad-based effort, known within the agency by the initials GST, is compartmentalized into dozens of highly classified individual programs, details of which are known mainly to those directly involved. GST includes programs allowing the CIA to capture al Qaeda suspects with help from foreign intelligence services, to maintain secret prisons abroad, to use interrogation techniques that some lawyers say violate international treaties, and to maintain a fleet of aircraft to move detainees around the globe. Other compartments within GST give the CIA enhanced ability to mine international financial records and eavesdrop on suspects anywhere in the world. Over the past two years, as aspects of this umbrella effort have burst into public view, the revelations have prompted protests and official investigations in countries that work with the United States, as well as condemnation by international human rights activists and criticism by members of Congress. Still, virtually all the programs continue to operate largely as they were set up, according to current and former officials. These sources say Bush's personal commitment to maintaining the GST program and his belief in its legality have been key to resisting any pressure to change course....