Letters to the Editor
thelastnamechosen
Published Letters: 161
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The Lemon Song
[Read the article: The leak designed to save Alberto Gonzales]
[Read more letters about this article: Here]Not only was this leak designed to prop up Gonzales, it is part of the concerted effort to put the squeeze on democrats who support the program(s)(s)(s). No honor among spies.
Gonzales also echoed and incorporated Hayden's speech in his written follow up to the Senate Judiciary Committee on March 24, 2006.
http://www.cdt.org/security/nsa/20060324moschella.pdf
Page 5, question seven--
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7. General Hayden has said that the NSA program does not involve data mining tools or other automated analysis of large volumes of domestic communications. Can you confirm that? Has the NSA program ever involved data mining or other automated analysis of large volumes of communications of any sort?
As General Hayden correctly indicated, the Terrorist Surveillance Program is not a “data-mining” program. He stated that the Terrorist Surveillance Program is not a “drift net out there where we’re soaking up everyone’s communications”; rather, under the Terrorist Surveillance Program, NSA targets for interception “very specific [international] communications” for which, in NSA’s professional judgment, there is probable cause to believe that one of the parties to the communication is a member or agent of al Qaeda or an affiliated terrorist group—people “who want to kill Americans.”
See Remarks by General Michael V. Hayden to the National Press Club, available at
http://www.dni.gov/release_letter_012306.html.
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The answer to question eight plays the program(s) shell game, but does say congress will get the "appropriate briefings."
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8. Are there other programs that rely on data mining or other automated analysis of large volumes of communications that feed into or otherwise facilitate either the warrantless surveillance program or the FISA warrant process
It would be inappropriate to discuss in this setting the existence (or non-existence) of specific intelligence activities or the operations of any such activities. Consistent with long-standing practice, the Executive Branch notifies Congress concerning the classified intelligence activities of the United States through appropriate briefings of the oversight committees and congressional leadership.
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I am still baffled why congress and the media played the "I am only talking about the one specific program" game. The Terrorist Surveillance Program was designed from the beginning to be a amorphous blob of clay that could be contextualized, redefined and dressed up or down depending on the occasion.
The previous definition of "Terrorist Surveillance Program" is whatever the administration admitted publicly about their surveillance and intelligence activities. That definition is now expired and inoperative. We can now look forward to debates about when is a program really a program and what programs fit under what programs.
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FISA
[Read the article: Chris Dodd on FISA, habeas corpus and Democratic capitulation]
[Read more letters about this article: Here]I think a an interesting aspect of the FISA legislation is this:
``(e) With respect to an authorization of an acquisition under section 105B, the Director of National Intelligence and Attorney General may direct a person to--
``(1) immediately provide the Government with all information, facilities, and assistance necessary to accomplish the acquisition in such a manner as will protect the secrecy of the acquisition and produce a minimum of interference with the services that such person is providing to the target; and
``(2) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such person wishes to maintain.
``(f) The Government shall compensate, at the prevailing rate, a person for providing information, facilities, or assistance pursuant to subsection (e).
``(g) In the case of a failure to comply with a directive issued pursuant to subsection (e), the Attorney General may invoke the aid of the court established under section 103(a) to compel compliance with the directive. The court shall issue an order requiring the person to comply with the directive if it finds that the directive was issued in accordance with subsection (e) and is otherwise lawful. Failure to obey an order of the court may be punished by the court as contempt of court. Any process under this section may be served in any judicial district in which the person may be found.
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This allows the government to compel a US citizen or US corporation to secretly provide access to their records and communication networks without a warrant. Just because the government is forcing me to provide access in furtherance of foreign intelligence collection does not mean the fourth amendment does not apply.
If the government can get people to cooperate with them than fine, but I am pretty sure the government forcing US citizens to provide access to their records and communication networks without out a warrant runs astray of our current understanding of the constitution.
But IANASCJ.
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FARA
[Read the article: More on Zelikow, the BGR firm and Allawi]
[Read more letters about this article: Here]It is not surprising that Zelikow would deny he knew about BGR's contract with Allawi. According to the FARA documents filed with the Justice department, Zelikow is not lobbying for Allawi and he might be in a bit of trouble if he was lobbying with out the proper paperwork.
http://abcnews.go.com/images/Politics/Allawi_FARA_Registration_070824.pdf
The FARA paperwork requires that: (my emphasis)
"Each partner, officer, director, associate, employee, and agent of a registrant is required to file a short form registration statement unless he engages in no activities in furtherance of the interests of the registrant's foreign principal or unless the services he renders to the registrant are in secretarial, clerical, or in a related or similar capacity."
Zelikow fits the description above and has lobbied for Allawi without filing the proper paperwork. It does not matter that he is paid directly from this contract and it is BGR's and Zelikow responsibility to do the proper due diligence to conform with the FARA. Saying he didn't know there was a contract doesn't cut it.
I am curious if BGR will be updating their paperwork soon. My gut feeling is that Zelikow is lying through his teeth.
Glenn, if you can, follow up with Zelikow and ask him about the FARA registration and if he feels that lack of personal knowledge of a lobbying contract would exempt him from proper reporting to the government.