Tuesday, April 11, 2006

FLE

Whistle-Blower Outs NSA Spy Room

AT&T provided National Security Agency eavesdroppers with full access to its customers' phone calls, and shunted its customers' internet traffic to data-mining equipment installed in a secret room in its San Francisco switching center, according to a former AT&T worker cooperating in the Electronic Frontier Foundation's lawsuit against the company. Mark Klein, a retired AT&T communications technician, submitted an affidavit in support of the EFF's lawsuit this week. That class action lawsuit, filed in federal court in San Francisco last January, alleges that AT&T violated federal and state laws by surreptitiously allowing the government to monitor phone and internet communications of AT&T customers without warrants. On Wednesday, the EFF asked the court to issue an injunction prohibiting AT&T from continuing the alleged wiretapping, and filed a number of documents under seal, including three AT&T documents that purportedly explain how the wiretapping system works. According to a statement released by Klein's attorney, an NSA agent showed up at the San Francisco switching center in 2002 to interview a management-level technician for a special job. In January 2003, Klein observed a new room being built adjacent to the room housing AT&T's #4ESS switching equipment, which is responsible for routing long distance and international calls. "I learned that the person whom the NSA interviewed for the secret job was the person working to install equipment in this room," Klein wrote. "The regular technician work force was not allowed in the room." Klein's job eventually included connecting internet circuits to a splitting cabinet that led to the secret room. During the course of that work, he learned from a co-worker that similar cabinets were being installed in other cities, including Seattle, San Jose, Los Angeles and San Diego....

How the FBI Let 9/11 Happen

Anyone paying attention to the Zacarias Moussaoui trial gets it now. All the 9/11 blanks are filled in, and the picture is complete. Sorry, conspiracy freaks and blind partisan hacks. Dull, common, gross incompetence is again at the heart of a deadly government cluster-hump. Do not linger on Moussaoui's bizarre suicide-by-testimony or the literal cheerleading for his execution—He knew. He lied. And 2,749 people died. Neither of these is the real story of this case. Rather, the story is the definitive proof Moussaoui's case provides that the U.S. government—pre-PATRIOT Act, pre-NSA wiretaps and all—had and missed clear opportunities to stop 9/11. The FBI uniquely and repeatedly punted carefully gathered evidence of an attack in favor of adherence to bureaucratic hierarchies and power trips. The testimony of FBI agent Harry Samit forever buries the quaint notion that 9/11 was unforeseen and unpreventable. Beginning with Moussaoui's August 16, 2001 arrest Samit mounted a global and indefatigable investigation of the man and concluded that an attack involving hijacked airplanes was imminent....

U.S. Military Secrets for Sale at Afghan Bazaar

No more than 200 yards from the main gate of the sprawling U.S. base here, stolen computer drives containing classified military assessments of enemy targets, names of corrupt Afghan officials and descriptions of American defenses are on sale in the local bazaar. Shop owners at the bazaar say Afghan cleaners, garbage collectors and other workers from the base arrive each day offering purloined goods, including knives, watches, refrigerators, packets of Viagra and flash memory drives taken from military laptops. The drives, smaller than a pack of chewing gum, are sold as used equipment. The thefts of computer drives have the potential to expose military secrets as well as Social Security numbers and other identifying information of military personnel. A reporter recently obtained several drives at the bazaar that contained documents marked "Secret." The contents included documents that were potentially embarrassing to Pakistan, a U.S. ally, presentations that named suspected militants targeted for "kill or capture" and discussions of U.S. efforts to "remove" or "marginalize" Afghan government officials whom the military considered "problem makers." The drives also included deployment rosters and other documents that identified nearly 700 U.S. service members and their Social Security numbers, information that identity thieves could use to open credit card accounts in soldiers' names. After choosing the name of an army captain at random, a reporter using the Internet was able to obtain detailed information on the woman, including her home address in Maryland and the license plate numbers of her 2003 Jeep Liberty sport utility vehicle and 1998 Harley Davidson XL883 Hugger motorcycle....

Bush’s Bogus Theory of Absolute Power

The Bush administration has a theory to explain why the Founding Fathers secretly intended for the president to have boundless power. Even though the new “unitary executive theory” is nowhere in the Constitution, White House officials continually invoke it to justify scorning federal law. The fact that the administration is getting away with this charade symbolizes how docile much of the American media and political opposition have become. Earlier this year, members of Congress anguished publicly over how many of the original USA PATRIOT Act surveillance powers should be renewed. A bipartisan agreement was finally reached, giving the White House almost everything it wanted. As part of the deal to renew the Patriot Act, Bush administration officials agreed to provide Congress more details on how the new powers were being used. However, Bush reneged in a “signing statement” quietly released after a heavily hyped White House signing ceremony on March 9. He decreed that he was entitled to withhold any information that would “impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive’s constitutional duties.” He announced that he would interpret any provision in the law obliging notifying Congress “in a manner consistent with the president’s constitutional authority to supervise the unitary executive branch and to withhold information.” In other words, any provision of the law that requires disclosure is presumptively null and void. The crux of the “unitary executive” is that all power rests in the president, and that “checks and balances” are an archaic relic. This is the same “principle” the Bush administration invoked to deny Congress everything from Iraqi war plans to the records of the Cheney Energy Task Force. Bush has invoked the “unitary executive” doctrine almost a hundred times since taking office, according to a study by Miami University professor Christopher Kelley....

Mayor Nagin Continues to Snub the Second Amendment

Law-abiding citizens of New Orleans who were forced to relinquish their legally owned firearms to the New Orleans Police Department (NOPD) will have to wait, indefinitely, to regain their property. The City of New Orleans revealed they have not returned any firearms, as Mayor Ray Nagin and the city have yet to set up a return process. “Mayor Ray Nagin continues to deny freedom by denying lawful citizens their Second Amendment rights,” stated National Rifle Association (NRA) Executive Vice President Wayne LaPierre. “First, he confiscates law-abiding citizens’ firearms and lies about it. Then, he fails to comply with court orders. Now he refuses to return the legally owned firearms to their rightful owners by dragging his feet. It’s a disgrace.” After denying the illegal confiscation for months, on March 15, 2006, Mayor Nagin and the NOPD conceded in federal court that they do have seized guns stored in locked steel containers. The city then agreed in court to a process by which law-abiding citizens may file a claim to receive their confiscated firearms. However, a New Orleans official handling the gun confiscations stated that no guns have been returned because the NOPD requires background checks, and the city has not set up a process....

Two in Homeland Security now charged with child sex crimes

It's called "Operation Predator," a high-priority Department of Homeland Security program that does battle against those who prey sexually on children. Now, with the arrest Tuesday night of a department deputy secretary, at least two of the agency's own top personnel stand charged with just such offenses. "It hammers home the fact that these individuals can be anywhere," said John Shehan, of the National Center for Missing and Exploited Children, which works closely with Homeland Security's Immigration and Customs Enforcement bureau. Brian Doyle, deputy press secretary to Homeland Security Secretary Michael Chertoff, faces 23 counts of using a computer to seduce a child and transmitting harmful materials to a minor. He was caught in a police Internet sting in which a detective pretended to be a 14-year-old girl. The other Homeland Security official charged with a sexual offense involving a girl is veteran administrator Frank Figueroa, 49, the ICE special agent in charge of the agency's operations in central and northern Florida. Figueroa, who also ran the agency's El Paso, Texas, office, has pleaded not guilty to charges he exposed and fondled himself to a teenage girl last year at a mall in Tampa....

NYPD detectives convicted of mob murders

Two highly decorated former detectives were convicted Thursday of moonlighting as hitmen for the mob in one of the most sensational cases of police corruption in New York history. Louis Eppolito, 57, and Steven Caracappa, 64, could get life in prison for their roles in eight murders committed between 1986 and 1990 while they were simultaneously on the payroll of both the NYPD and Luchese crime family underboss Anthony "Gaspipe" Casso. Federal prosecutor Daniel Wenner described the case as "the bloodiest, most violent betrayal of the badge this city has ever seen." Prosecutors said the two men carried out two hits themselves — in one case after pulling a mobster over in a phony traffic stop — and delivered up some of the other victims to the Mafia to be killed....

Prosecutors Want Dental Jewelry, but Defendants Are Spared

Federal prosecutors in Washington State tried to remove elaborate customized dental jewelry bonded to the teeth of two accused drug dealers, saying the jewelry was bought with drug money and should be forfeited to the government. The men were on their way to a dental clinic Tuesday morning when their lawyers learned of the effort, rushed to court and persuaded a judge to halt it. The prosecutors had been granted permission to remove the jewelry in a secret proceeding in the federal court in Tacoma. In a sworn statement dated March 29 and unsealed this week, a federal agent, Brice P. McCracken, told a judge that the two men, Donald L. Lewis and Flenard T. Neal Jr., had used money from selling marijuana and cocaine to buy dental "status symbols which drug traffickers purchase to portray their status in the criminal community." Mr. Lewis and Mr. Neal are awaiting trial in Tacoma on drug and gun charges. They have pleaded not guilty. The dental jewelry, known as grills, cost "from $1,000 to anywhere in excess of $25,000," Special Agent McCracken wrote, saying he based his assessment in part on research he had conducted on a Web site called gangstagold.com. Zenon P. Olbertz, a lawyer for Mr. Lewis, said he was troubled by both the prosecutors' secrecy and their zeal. "The government has a legal right to take property, in general, that was obtained though illegal acts," Mr. Olbertz said. "But the process of covertly maneuvering to go essentially into someone's body to remove things that have been attached is frightening."....

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