Senate Showdown Over Warrantless Wiretapping

Senate Showdown Over Warrantless Wiretapping

Dodd Plans First Filibuster In 15 Years

AT&T engineer says Bush Administration sought to implement domestic spying within two weeks of taking office

AT&T engineer says Bush Administration sought to implement domestic spying within two weeks of taking office

Nearly 1,300 words into Sunday's New York Times article revealing new details of the National Security Agency's domestic eavesdropping program, the lawyer for an AT&T engineer alleges that "within two weeks of taking office, the Bush administration was planning a comprehensive effort of spying on Americans’ phone usage.”

In a New Jersey federal court case, the engineer claims that AT&T sought to create a phone center that would give the NSA access to "all the global phone and e-mail traffic that ran through" a New Jersey network hub.

The former AT&T employee, who spoke on condition of anonymity to the Times said he took part in several discussions with agency officials about the plan.

"The officials, he said, discussed ways to duplicate the Bedminster system in Maryland so the agency “could listen in” with unfettered access to communications that it believed had intelligence value and store them for later review," Times reporters Eric Lichtblau, James Risen and Scott Shane wrote. "There was no discussion of limiting the monitoring to international communications, he said."

“At some point,” he told the paper, “I started feeling something isn’t right.”

"Two other AT&T employees who worked on the proposal discounted his claims, saying in interviews that the project had simply sought to improve the N.S.A.’s internal communications systems and was never designed to allow the agency access to outside communications."

AT&T's spokesman said they didn't comment on national security matters, as did a spokesman for Qwest, which was also approached but apparently rebuffed the plan. The lawyer for the engineer and others in the New Jersey case says AT&T's internal documents would vindicate his clients.

“What he saw,” Bruce Afran, a New Jersey lawyer representing the plaintiffs, told the Times, “was decisive evidence that within two weeks of taking office, the Bush administration was planning a comprehensive effort of spying on Americans’ phone usage.”

The full Times article is here.

AT&T whistleblower Mark Klein to Senate: "they’re doing a huge, massive domestic dragnet on everybody in the United States"

Submitted by lambert on Wed, 2007-11-07 13:54.

[UPDATE: Comedy gold! Weak-chinned Fred Hiatt buries the story on D01.] Here’s my transcript:

My name’s Mark Klein; I used to be an AT&T technician for 22 years.

What I figured out when I got there [AT&’s secret room at 611 Folsom Street, SSan Francisco] is that they were copying everything flowing across the Internet cables, and the major Internet links between AT&T’s network and other company’s networks, and it struck me at the time that this is a massively unconstitutional, illegal operation.

It affects not only AT&T’s customers, but everybody, ‘cause these links went to places like Sprint, Qwest, a whole bunch of other companies, and so they’re basicallly tapping into the entire Internet.

But isn’t the government only monitoring suspected terrorsits and not ordinary Americans?

To perform what they say they want to do, which is look at international traffic, none of this makes any sense. These installations only make sense if they’re doing a huge, massive domestic dragnet on everybody, in the United States.

Shouldn’t the telecoms trust that the Bush Administration’s requests are legal?

These companies know very well what’s legal and what’s illegal; they’ve been dealing with this for decades. And it’s a fact that Qwest refused the NSA’s approach, becuase they weren’t showing any legal justificaiton for it, and they did the right thing and said No.

What I’m here for is, it looked like a few weeks ago that the Senate bill which passed the Intelligence Committee would give immunity to the telecom companies and that would probably put an end to the lawsuits. So I came here to lobby against giving retroactive immunity to the telecom companies, and let the court cases process, and Congress should not interfere in that.

As we’ve been saying. Nice to see the Beltway Dems stepping up on this, to preserve our Constitutional rights. Oh, wait… Just to refresh your memories—Harry, Nance; Hillary—here’s the Fourth Amendment of the United States:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Back in the 1700s, “papers and effects” were letters and records, on physical media, like dead trees and parchment. This—Harry, Nance; Hillary—is three hundred years later. My email is digital paper. My web site an electronic effect. The government has no right to read them without a warrant.

NOTE Sign Chris Dodd’s petition against retroactive im[p|m]munity for the telcos here.

Illegal Wiretapping

Two FBI Whistleblowers Confirm Illegal Wiretapping of Government Officials and Misuse of FISA

By Sibel Edmonds and Bill Weaver

The National Security Whistleblowers Coalition (NSWBC) has obtained a copy of an official complaint filed by a veteran FBI Special Agent, Gilbert Graham, with the Department of Justice Office of the Inspector General (DOJ-OIG). SA Graham’s protected disclosures report the violation of the Foreign Intelligence Surveillance Act (FISA) in conducting electronic surveillance of high-profile U.S. public officials.

Before his retirement in 2002, SA Gilbert Graham worked for the FBI Washington Field Office (WFO) Squad NS-24. One of the main areas of Mr. Graham’s counterintelligence investigations involved espionage activities by Turkish officials and agents in the United States. On April 2, 2002, Graham filed with the DOJ-OIG a classified protected disclosure, which provided a detailed account of FISA violations involving misuse of FISA warrants to engage in domestic surveillance. In his unclassified report SA Graham states: “It is the complainant’s reasonable belief that the request for ELSUR [electronic surveillance] coverage was a subterfuge to collect evidentiary information concerning public corruption matters.” Graham blew the whistle on this illegal behavior, but the actions were covered up by the Department of Justice and the Attorney General’s office.

Click here to read the unclassified version of SA Graham’s Official Report.

The report filed by SA Graham bolsters another FBI whistleblower’s case that became public several months after Graham’s official filing with the Justice Department in 2002. Sibel Edmonds, former FBI Language Specialist, also worked for the FBI Washington Field Office (WFO), and her assignments included the translations of Turkish Counterintelligence documents and audiotapes, some of which were part of espionage investigations led by SA Graham. After she filed her complaint with the DOJ-OIG and Congress, she was retaliated against by the FBI and ultimately fired in March 2002. Court proceedings in Edmonds’ case were blocked by the assertion of the State Secrets Privilege by then Attorney General John Ashcroft, and the Congress gagged and prevented from investigating her case through retroactive re-classification of documents by DOJ. To read the timeline on Edmonds’ case Click here.

Edmonds’ complaint included allegations of illegal activities by Turkish organizations and their agents in the United States, and the involvement of certain elected and appointed U.S. officials in the Department of State, Pentagon, and the U.S. Congress in these activities. In its September 2005 issue, Vanity Fair ran a comprehensive piece on Edmonds’ case by reporter David Rose, in which several former and current congressional and Justice Department officials identified former House Speaker Dennis Hastert as being involved in illegal activities with the Turkish organizations and personnel targeted in FBI investigations. In addition, Rose reported: “…much of what Edmonds reportedly heard seemed to concern not state espionage but criminal activity. There was talk, she told investigators, of laundering the profits of large-scale drug deals and of selling classified military technologies to the highest bidder.” In January 2005, DOJ-OIG released an unclassified summary of its investigation into Edmonds' termination. The report concluded that Edmonds was fired for reporting serious security breaches and misconduct in the agency's translation program, and that many of her allegations were supported by convincing evidence.

Another Former Veteran FBI Counterintelligence and Espionage Specialist at FBI Headquarters in Washington DC also filed similar reports with DOJ-OIG and several congressional offices regarding violations of FISA implementation and the covering up of several espionage cases involving FBI Language Specialists and public corruption cases by the Bureau. The cases reported by this whistleblower corroborate those reported by SA Graham and Sibel Edmonds. In an interview with NSWBC investigators the former FBI Specialist, who wished to remain anonymous, stated: “…you are looking at covering up massive public corruption and espionage cases; to top that off you have major violations of FISA by the FBI Washington Field Office and HQ targeting these cases. Everyone involved has motive to cover up these reports and prevent investigation and public disclosure. No wonder they invoked the state secrets privilege in Edmonds’ case.”

William Weaver, NSWBC Senior Advisor noted that,”These abuses of power are precisely why we must pay attention to whistleblowers. Preservation of the balance of powers between the branches of government increasingly relies on information provided by whistleblowers, especially in the face of aggressive and expanding executive power. Through illegal surveillance members of Congress and other officials may be controlled by the executive branch, thereby dissolving the matrix of our democracy. The abuse of two powers of secrecy, FISA and the state secrets privilege, are working hand in hand to subvert the Constitution. In an abominably perverse arrangement, the abuse of FISA is being covered up by abuse of the state secrets privilege. Only whistleblowers and the congressional and judicial oversight their revelations spawn can bring our system back into balance.”

Several civil liberties and whistleblowers organizations have joined Edmonds and NSWBC in urging congress to hold public hearing on Edmonds’ case, including the supporting cases of SA Graham and other FBI witnesses, and the erroneous use of state secrets privilege by the executive branch to cover up its own illegal conduct. The petition endorsed by these groups is expected to be released to public in the next few days.

About National Security Whistleblowers Coalition

National Security Whistleblowers Coalition (NSWBC), founded in August 2004, is an independent and nonpartisan alliance of whistleblowers who have come forward to address our nation’s security weaknesses; to inform authorities of security vulnerabilities in our intelligence agencies, at nuclear power plants and weapon facilities, in airports, and at our nation’s borders and ports; to uncover government waste, fraud, abuse, and in some cases criminal conduct. The NSWBC is dedicated to aiding national security whistleblowers through a variety of methods, including advocacy of governmental and legal reform, educating the public concerning whistleblowing activity, provision of comfort and fellowship to national security whistleblowers suffering retaliation and other harms, and working with other public interest organizations to affect goals defined in the NSWBC mission statement. For more on NSWBC visit www.nswbc.org