Govt. Looks for Leaker on Warrantless Wiretaps

[hist2004]

Govt. Looks for Leaker on Warrantless Wiretaps

Newsweek

Aug. 13, 2007 issue - The controversy over President Bush's warrantless surveillance program took another surprise turn last week when a team of FBI agents, armed with a classified search warrant, raided the suburban Washington home of a former Justice Department lawyer. The lawyer, Thomas M. Tamm, previously worked in Justice's Office of Intelligence Policy and Review (OIPR)—the supersecret unit that oversees surveillance of terrorist and espionage targets. The agents seized Tamm's desktop computer, two of his children's laptops and a cache of personal files. Tamm and his lawyer, Paul Kemp, declined any comment. So did the FBI. But two legal sources who asked not to be identified talking about an ongoing case told NEWSWEEK the raid was related to a Justice criminal probe into who leaked details of the warrantless eavesdropping program to the news media. The raid appears to be the first significant development in the probe since The New York Times reported in December 2005 that Bush had authorized the National Security Agency to eavesdrop on the international phone calls and e-mails of U.S. residents without court warrants. (At the time, Attorney General Alberto Gonzales said of the leak: "This is really hurting national security; this has really hurt our country.")

A veteran federal prosecutor who left DOJ last year, Tamm worked at OIPR during a critical period in 2004 when senior Justice officials first strongly objected to the surveillance program. Those protests led to a crisis that March when, according to recent Senate testimony, then A.G. John Ashcroft, FBI Director Robert Mueller and others threatened to resign, prompting Bush to scale the program back. Tamm, said one of the legal sources, had shared concerns about he program's legality, but it was unclear whether he actively participated in the internal DOJ protest.

The FBI raid on Tamm's home comes when Gonzales himself is facing criticism for allegedly misleading Congress by denying there had been "serious disagreement" within Justice about the surveillance program. The A.G. last week apologized for "creating confusion," but Senate Judiciary Committee chair Sen. Patrick Leahy said he is weighing asking Justice's inspector general to review Gonzales's testimony.

The raid also came while the White House and Congress were battling over expanding NSA wiretapping authority in order to plug purported "surveillance gaps." James X. Dempsey of the Center for Democracy and Technology said the raid was "amazing" and shows the administration's misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. A Justice spokesman declined to comment.

-Michael Isikoff

Source: (http://www.msnbc.msn.com/id/20121795/site/newsweek/)

[nullterm]

Wow, that's really sad if that's the way the program is being used. I really doubt two kids' laptops pose any threat what so ever to national security. Seems like a practice that will quickly evaporate any credibility if that's how it is being used. Whoever the next President is, they're going to have one heck of a mess to cleanup.

[hist2004]

I really doubt two kids' laptops pose any threat what so ever to national security.

The investigators were “sending a message” when they seized the kids laptops. Nothing
worse than having your children dragged into something you’re involved with.

Hist2004

[Kampfbaer]

Wasn´t there a thread about the possibilty of the US becoming a Police State through the backdoor........

Tinfoil hat on!

[HR24]

The investigators were “sending a message” when they seized the kids laptops. Nothing
worse than having your children dragged into something you’re involved with.

Hist2004

Or the warrant encompassed all computer equipment located within the residence. You'd do the same on a child **** warrant. If the computer has the capability to be hooked up to the Internet, then it goes under the scope by a CFA.

[nullterm]

I guess it comes down to what your ideals are. If you support warrantless wiretaps, then you'd be in favour of the FBI's action.

If you believe in gov't transparency then you'd have issues with it. I don't think the gov't should comment on specific investigations, but they should be responsible to oversight regarding their overall procedures. If several of those doing the oversight have objections to the point of threatening resignation, then it raises concerns.

[hist2004]

Or the warrant encompassed all computer equipment located within the residence. You'd do the same on a child **** warrant. If the computer has the capability to be hooked up to the Internet, then it goes under the scope by a CFA.

The warrant would have to have stated all computer equipment otherwise
they couldn't take them legally. The warrant can be written to be as specific
or broad as needed. Did he use the kids laptop to communicate with press
sources to unveil a top secret project? How would you do it, from your house?
Wait till this guy looks at his legal bills in a few months...innocent or guilty he
faces a financial nightmare.

Hist2004

[2Sheds_Jackson]

I guess it comes down to what your ideals are. If you support warrantless wiretaps, then you'd be in favour of the FBI's action.

If you believe in gov't transparency then you'd have issues with it. I don't think the gov't should comment on specific investigations, but they should be responsible to oversight regarding their overall procedures. If several of those doing the oversight have objections to the point of threatening resignation, then it raises concerns.

We gots two separate issues here;

1. Warantless wiretaps
2. Leaking classified information to the press.

On issue one - Bush had forged ahead with warantless wiretaps -something that FDR had done as well during wartime - except Bush's program was more limited - and the US Supreme Court nixed FDR's actions...yet he went right on doing it. Not that two wrongs make a right - it's just that if Bush is bad, FDR was worse - and FDR is always held up as a paragon of rightness. Our democracy survived WWII.

Bush said the FISA/FISC process was outdated and too slow - Congress seems to have agreed, since it just gave him what he asked for last week, and OK'd warantless wiretaps. Three letter agencies have broken out the good champagne. What Bush did before, under the auspices of executive wartime power, he may now do under the auspices of law. Everybody's power pyramids are intact, and now everybody's happy.

On issue two - that's what this FBI action is about. A guy involved with the program decided to go public to get some changes made. The short version is that unless you're the Executive branch, you don't get to go around exposing classified information at will to affect national policy. Well, unless you're in Congress, then you can just go ahead and do whatever you want, apparently. p-)



James X. Dempsey of the Center for Democracy and Technology said the raid was "amazing" and shows the administration's misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps.


What's amazing is that Dempsey doesn't seem to watch the news. If he had, he would have known that the administration is fully capable of doing two things at once - introducing legislation (that passed) authorizing warantless wiretaps, and chasing down illegal leakers.

[HR24]

The warrant would have to have stated all computer equipment otherwise
they couldn't take them legally. The warrant can be written to be as specific
or broad as needed. Did he use the kids laptop to communicate with press
sources to unveil a top secret project? How would you do it, from your house?
Wait till this guy looks at his legal bills in a few months...innocent or guilty he
faces a financial nightmare.

Hist2004

No doubt. Agree with everything you say here.

[HR24]

What's amazing is that Dempsey doesn't seem to watch the news. If he had, he would have known that the administration is fully capable of doing two things at once - introducing legislation (that passed) authorizing warantless wiretaps, and chasing down illegal leakers.

I wonder if this cat thought going after Aldrich Ames and Robert Hansen were bad things too???

[2Sheds_Jackson]

I wonder if this cat thought going after Aldrich Ames and Robert Hansen were bad things too???

Heh, yeah well I suppose it would be just as easy to write similar stories about the "chilling effects" of those investigations too. I just heard a story on NPR about the FBI's search of Jefferson's office, and of course the effect on the "climate" in congress. I can never tell if we're talking about global warming or government any more.

If you ax me - 90% of this stuff is nothing more than the eternal inside-the-beltway inter-agency power struggle. DOJ doesn't like being skipped over, State doesn't like being disregarded, Congress doesn't like being subject to the same laws as the rest of us etc. Everybody involved knows this stuff isn't illegal - they just want their piece of the pie and will do whatever it takes to get it. Any time you lose work, you lose head count and budget.

[Durandal]

Our democracy survived WWII.

Or has it?


evil laugh

[nullterm]

I agree with the comment about surviving. Like anything, democratic societies have their up and down times.

However, I would not equate the GWOT to be anywhere near what the world experienced during WW2. Not even in the same zip code. So I don't think going to the same lengths about sacrificing personal freedoms to that extent makes sense.

[2Sheds_Jackson]

Or has it?


evil laugh

Heh yes of course - shadow government, trilateral commission, military industrial complex, dogs and cats living together...mass hysteria. :)



However, I would not equate the GWOT to be anywhere near what the world experienced during WW2. Not even in the same zip code. So I don't think going to the same lengths about sacrificing personal freedoms to that extent makes sense.

Well yeah agreed - but then we're not rounding up everybody with a sh*tty looking beard and putting them in camps out in the desert, or capturing Americans inside the US and putting them in prison with no trial etc. To read some of these editorials, you'd think the country had never ever been through these things before. Kind of forces a person to wonder whether the authors are delusional or just stupid.

[HR24]

Heh yes of course - shadow government, trilateral commission, military industrial complex, dogs and cats living together...mass hysteria. :)

Mayor, let me tell you, since I've joined these guys, I have seen sh*t that will turn you WHITE!!-Ghostbusters

-Good movie quote, 2Sheds-

[LMAV]

Well yeah agreed - but then we're not rounding up everybody with a sh*tty looking beard and putting them in camps out in the desert, or capturing Americans inside the US and putting them in prison with no trial etc. To read some of these editorials, you'd think the country had never ever been through these things before. Kind of forces a person to wonder whether the authors are delusional or just stupid.


It could also be that they are outright lying to people, while no doubt telling themselves its a necessary means to an end.

Just turn on these evening CNN and MSNBC broadcasts and watch how every story about republicans is negative and every story about democrats is positive. Even the negative stories of Democrats are somehow spun to reflect badly on Bush and Republicans.

To me its plainly obvious there is a concerted effort in our media to get Democrats elected this time around no matter what. Not that they need much help, as the Republicans have looked like a bunch of spineless weaklings.