maynard writes: Investigative Journalist James Bamford knows a thing or two more than most about the National Security Agency. Across his more than three-decade long career digging muck out of exactly those places U.S. government intelligence agencies preferred he wouldn't tread, he's published five books and over eighty press reports. At times, this made for some tense confrontations with intelligence officials from an organization once so secret even few members of Congress knew of its existence.
For the last several years public focus on the NSA has been on Bush and Obama era reports of illicit domestic spying. From allegations of warrantless wiretapping reported by James Risen in 2005 to secret documents released to journalists at The Guardian by Edward Snowden a year ago. And smack in the middle, Bamford's 2012 revelation of the existence of a huge, exabyte-capable data storage facility then under construction in Bluffdale, Utah.
Given all this attention on recent events, it might come as a surprise to some that almost forty years ago Senator Frank Church convened a congressional committee to investigate reports of unlawful activities by U.S. intelligence agencies, including illegal domestic wiretapping by the NSA. At the time, Church brought an oversight magnifying glass over what was then half-jokingly referred to as "No Such Agency." And then, like today, James Bamford was in the thick of it, with a Snowden-like cloak-and-dagger game of spy-vs-journalist. It all began by giving testimony before the Church Committee. Writing yesterday in The Intercept, Bamford tells his firsthand historical account of what led him to testify as a direct witness to NSA's wiretapping of domestic communications decades ago and then details the events that led to the publication of his first book The Puzzle Palace back in 1982. Read on for more.
...during the summer of 1975, as reports began leaking out from the Church Committee, I was surprised to learn that the NSA was claiming that it had shut down all of its questionable operations a year and a half earlier. Surprised because I knew the eavesdropping on Americans had continued at least into the prior fall, and may have still been going on. After thinking for a day or so about the potential consequences of blowing the whistle on the NSAI was still in the Naval Reserve, still attending drills one weekend a month, and still sworn to secrecy with an active NSA clearanceI nevertheless decided to call the Church Committee.
But he didn't stop at the witness stand. Afterward, he continued researching the matter for a book. And the further he dug, the more waves he made. Until someone slipped him a then recently declassified copy of a 1976 Justice Department memo [PDF] detailing a criminal investigation into illicit domestic spying by the NSA. But when agency officials discovered he had that document they took extraordinary measures attempting to get it back. They threatened to prosecute under the 1917 Espionage Act and retroactively reclassified the memo to squelch its contents.
Fearing someone might break into his home and steal the manuscript, Bamford arranged to transport and secure a copy outside of U.S. jurisdiction with a colleague at the Sunday Times of London. It was only upon the 1982 publication of Puzzle Palace that the agency dropped their pursuit of Bamford and his document as a lost cause. That's at least one stark difference between then and today when it comes to whistleblowers back then, they merely threatened espionage charges.
Yogi Berra famously once said, "It's like Deja Vu all over again." And though the Yankees' star wasn't speaking of illicit domestic wiretaps by the national security state, given a comparison of recent revelations to those detailed by Bamford decades earlier the quote certainly fits. In telling his story of how he published details about the last NSA Merry-Go-Round with warrantless wiretapping, Bamford shows us that our recent troubles of lawless surveillance aren't so unique. It's deja-vu all over again. But if deja vu is like a waking dream, this seems more a recurring nightmare for a body-politic lured to snoring slumber by a siren-song of political passivity.
That old Justice Department memo isn't likely to wake the public from their slumber. But within its pages is a stark warning we all should have heeded. As Bamford notes in that Intercept story, the report's conclusion that NSA lawlessness stems straight from the birth of the agency suggests a constitutional conflict systemic and intentional.
...the NSA's top-secret "charter" issued by the Executive Branch, exempts the agency from legal restraints placed on the rest of the government. "Orders, directives, policies, or recommendations of any authority of the Executive branch relating to the collection ... of intelligence," the charter reads, "shall not be applicable to Communications Intelligence activities, unless specifically so stated." This so-called "birth certificate," the Justice Department report concluded, meant the NSA did not have to follow any restrictions placed on electronic surveillance "unless it was expressly directed to do so." In short, the report asked, how can you prosecute an agency that is above the law?
Here's the "Prosecutive Summary" (PDF).
Link:
James Bamford Releases DOJ Report On NSA Warrantless Wiretapping From 1976
- WikiLeaks' Julian Assange: NSA critics got lucky because agency had no PR strategy - April 26th, 2014 [April 26th, 2014]
- National Speakers Association New Jersey Chapter NSA - April 26th, 2014 [April 26th, 2014]
- National Security Agency - Wikipedia, the free encyclopedia - April 26th, 2014 [April 26th, 2014]
- NSA - Satu Hari Di Bulan Juni (TULUS) (COVER) - Video - April 26th, 2014 [April 26th, 2014]
- Hong Kong: Protesters blow whistles for NSA whistle blower - Video - April 26th, 2014 [April 26th, 2014]
- An Inside Look at the NSA With Whistleblower William Binney (Part 2 of 2) - Video - April 26th, 2014 [April 26th, 2014]
- UK: China will offer fig leaves to US exposed by NSA leaker - Assange - Video - April 26th, 2014 [April 26th, 2014]
- NSA ~ (Autodidactism) Whistleblowing - Video - April 27th, 2014 [April 27th, 2014]
- Dropping #NSA Knowledge Like a Clumsy Librarian - Video - April 27th, 2014 [April 27th, 2014]
- Full Show: Disband The NSA or; Corruption in the Capitol FO SHIZZLE {aTV002} - Video - April 27th, 2014 [April 27th, 2014]
- NSA DOCUMENTARY SIX YEARS BEFORE SNOWDEN - Video - April 27th, 2014 [April 27th, 2014]
- ShmooCon 2014: The NSA: Capabilities and Countermeasures - Video - April 27th, 2014 [April 27th, 2014]
- NSA Knew Of Heartbleed Bug, Refused To Protect Americans - Video - April 27th, 2014 [April 27th, 2014]
- Former NSA Head To Become Columnist For Conservative Paper To Discuss Intelligence - Video - April 27th, 2014 [April 27th, 2014]
- An Inside Look at the NSA With Whistleblower William Binney (Part 1 of 2) - Video - April 27th, 2014 [April 27th, 2014]
- Keynote Address by Shri Shivshankar Menon, NSA at International Seminar on Kautilya - Video - April 27th, 2014 [April 27th, 2014]
- NSA Wiretapping: A 4th Amendment Violation?: Blake Norvell at TEDxSMU - Video - April 27th, 2014 [April 27th, 2014]
- Hang with Rand: Email Privacy, NSA Spying, and Defending Our Civil Liberties - Video - April 27th, 2014 [April 27th, 2014]
- NSA Surveillance and What To Do About It - Bruce Schneier - Video - April 27th, 2014 [April 27th, 2014]
- READER SUBMITTED: NSA CT April 2014 Meeting - April 28th, 2014 [April 28th, 2014]
- MVI 1847 Obama's NSA Denies FOIA About MH 370! - Video - April 28th, 2014 [April 28th, 2014]
- George Galloway's Sputnik: Ewen MacAskill on Guardian / Edward Snowden NSA leaks (26Apr14) - Video - April 28th, 2014 [April 28th, 2014]
- CIA & NSA DIRECTED ENERGY WEAPON ATTACK ON WHISTLE BLOWER - Video - April 28th, 2014 [April 28th, 2014]
- Book TV - 2014 San Antonio Book Festival: Panel on the NSA, Big Brother, and Democracy - Video - April 28th, 2014 [April 28th, 2014]
- NSA Throwdown: John Oliver v. 60 Minutes - April 29th, 2014 [April 29th, 2014]
- NSA will sit on security vulnerabilities because of terrorism - April 29th, 2014 [April 29th, 2014]
- New water records show NSA Utah Data Center likely behind schedule - April 29th, 2014 [April 29th, 2014]
- MVI 1871 NSA Might Be OnTo Me! - Video - April 29th, 2014 [April 29th, 2014]
- ZyXEL NSA 325 v2 Hands On - Deutsch / German notebooksbilliger.de - Video - April 29th, 2014 [April 29th, 2014]
- German opposition says US should destroy Merkel's NSA file - Video - April 29th, 2014 [April 29th, 2014]
- Germany: NSA spying "unacceptable" says SPD - Video - April 29th, 2014 [April 29th, 2014]
- NSA Surveillance 2 - Video - April 29th, 2014 [April 29th, 2014]
- NSA Surveillance Panel 1 - Video - April 29th, 2014 [April 29th, 2014]
- Chalk Talk How Snowden Breached NSA Security - Video - April 29th, 2014 [April 29th, 2014]
- NSA reveals some cyber security flaws are left secret - April 30th, 2014 [April 30th, 2014]
- NSA data center uses less water than expected - April 30th, 2014 [April 30th, 2014]
- April 2014 Breaking News Do you use Google or Yahoo? NSA Intercepts Google And Yahoo Traffic - Video - April 30th, 2014 [April 30th, 2014]
- Supreme Court could weigh in on NSA case, justice says - May 1st, 2014 [May 1st, 2014]
- New NSA chief: Agency has lost trust - May 1st, 2014 [May 1st, 2014]
- NSA on Heartbleed: 'We're not legally allowed to lie to you' - May 1st, 2014 [May 1st, 2014]
- What's The NSA Doing Now? Training More Cyberwarriors - May 1st, 2014 [May 1st, 2014]
- Anonymous NSA - Video - May 1st, 2014 [May 1st, 2014]
- Cutting off H2O to the NSA - Video - May 1st, 2014 [May 1st, 2014]
- Brazil: Greenwald slams US media, shares tips to avoid NSA - Video - May 1st, 2014 [May 1st, 2014]
- NSA IS TRYINGG 2 KILL ME FAMS - Video - May 1st, 2014 [May 1st, 2014]
- What was more popular on Twitter, NSA, NRA or NBA..today? - Video - May 1st, 2014 [May 1st, 2014]
- CIS111: NSA Uncovered - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (6/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (4/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (3/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (2/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (1/6) - Video - May 1st, 2014 [May 1st, 2014]
- Germany: NSA may have accidentally outed secret base - Video - May 1st, 2014 [May 1st, 2014]
- ZyXEL NSA 325 v2 Installations-Wizard - Deutsch / German notebooksbilliger.de - Video - May 1st, 2014 [May 1st, 2014]
- Tech firms to increase alerts about police requests for data -- report - May 2nd, 2014 [May 2nd, 2014]
- German Chancellor Angela Merkel visits US, after the NSA eavesdropping scandal - Video - May 2nd, 2014 [May 2nd, 2014]
- NSA spies on more US citizens than Russians Snowden - May 3rd, 2014 [May 3rd, 2014]
- THE NEXT NSA?Police under scrutiny for using spying technology - May 3rd, 2014 [May 3rd, 2014]
- Ukraine and NSA will test Merkel - Video - May 3rd, 2014 [May 3rd, 2014]
- The Latest Attacks On NSA Whistleblower Edward Snowden - Kevin Gosztola Discusses - Video - May 3rd, 2014 [May 3rd, 2014]
- Still Report #246 - NSA Classifies MH370 Material - Video - May 4th, 2014 [May 4th, 2014]
- Code Talker Induction into NSA Hall of Honor - Video - May 4th, 2014 [May 4th, 2014]
- NSA ( National Security Agency ) refusal to release documents on UFO's - Video - May 4th, 2014 [May 4th, 2014]
- Obama & NSA Refuse FOIA Request on Malaysia Flight deemed classified - Video - May 4th, 2014 [May 4th, 2014]
- Kafkawinstons World`s Channel Terminated NSA is replacing Channel`s with Sockpuppet Channel`s - Video - May 4th, 2014 [May 4th, 2014]
- NSA Volunteer Justin Hall at the NSA Comedy Tour February 2014 - Video - May 4th, 2014 [May 4th, 2014]
- Barack Obama on NSA Surveillance I'd Be Concerned Too If I Wasn't in Government - Video - May 4th, 2014 [May 4th, 2014]
- GBPPR Vision #26: Overview of the NSA's TAWDRYYARD Radar Retro-Reflector - Video - May 4th, 2014 [May 4th, 2014]
- NSA proof phone Case - Video - May 5th, 2014 [May 5th, 2014]
- 2014 NSA 2014 Million Dollar Publisher's Lab - Video - May 5th, 2014 [May 5th, 2014]
- Gen. Michael Hayden - the Former Director of NSA and the CIA - Video - May 5th, 2014 [May 5th, 2014]
- REVEALED: Here's The Solution To That Encoded NSA Puzzle Tweet - May 5th, 2014 [May 5th, 2014]
- Michael Hayden's Unwitting Case Against Secret Surveillance - May 5th, 2014 [May 5th, 2014]
- NSA's Encrypted Tweet: We're Hiring Code Breakers - May 5th, 2014 [May 5th, 2014]
- Russ Tice: Life as a NSA Whistleblower - Video - May 5th, 2014 [May 5th, 2014]
- What Is Going on at NSA These Days - Video - May 5th, 2014 [May 5th, 2014]
- What is the Role of the NSA? AFF Dallas Debates - Video - May 5th, 2014 [May 5th, 2014]
- Edward Snowden said CIA , and NSA had 52. 6 Billion for black budget - Video - May 5th, 2014 [May 5th, 2014]
- NSA looks to appeal to young cryptographers through coded ads - May 6th, 2014 [May 6th, 2014]
- Code Cracked: Mysterious NSA Tweet Is Decrypted in Seconds - May 6th, 2014 [May 6th, 2014]