Disclaimer: This site is *not* affiliated with AIPAC, Ahmed Chalabi, K Street, ClearChannel, or Urban Moving Systems of Weehawken, NJ. In case you were curious. Full disclosure: I have a "long Apple position" and therefore I have an Apple bias.
It's been dawning on Americans this year that their everyday electronic devices are used by law enforcement for investigations. However the lawmen and the county attorneys are withholding the policy information about the Harris Corporation Kingfish system which is a device that can alter the electronic behavior in a cell phone, also known as a CDMA Interrogator or cell phone interceptor.
The MN Bureau of Criminal Apprehension (BCA) has declined to share any policy information about Kingfish. I have also heard that Hennepin County Sheriffs Office and their legal counsel are putting up rather high barriers to disclosing anything at all about Kingfish. The whole case is weirdly parallel to the 1978 Rockford Files episode House on Willis Avenue, which ended with this unprecedented title card:
We still have "no legal right" to know about who in Minnesota is building dossiers and how. The main question: what is Hennepin County and the BCA hiding in their versions of the House on Willis Avenue?
At the Hennepin County level in the 2010 they earlier promised to come up with sensible and clear policies about if and when law enforcement uses these devices to interfere with cell phones. Now they are claiming that stuff is non-public data - which of course precludes informed public debate at the Legislature in 2014 about electronic law enforcement interference in technical devices.
Several people including Rich Neumeister are looking into this nasty Signals Intelligence (SIGINT) mess. Follow @RichNeumeister - he is helpful answering about the details on this via Twitter.
In a shocking surprise Harris Corporation is a major contractor with the National Security Agency and KingFish is part of the domestic-grade apparatus for local but still unchecked NSA-style electronic snooping. The NSA didn't seem like a big deal when KingFish was approved, but now everyone has finally started noticing the tremendous power of unchecked electronic data collection. It's a much Hotter Potato than in 2012!
The Kingfish is a surveillance transceiver that allows authorities to track and mine information from mobile phones over a targeted area. The device does not appear to enable interception of communications; instead, it can covertly gather unique identity codes and show connections between phones and numbers being dialed. It is smaller than the Stingray, black and gray in color, and can be controlled wirelessly by a conventional notebook PC using Bluetooth. You can even conceal it in a discreet-looking briefcase, according to marketing brochures.
First used: Trademark records show that a registration for the Kingfish was filed in August 2001. Its “first use anywhere” is listed in records as December 2003.
Agencies: Government agencies have spent about $13 million on Kingfish technology since 2006, sometimes as part of what is described in procurement documents as a “vehicular package” deal that includes a Stingray. The US Marshals Service; Secret Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Army; Air Force; state cops in Florida; county cops in Maricopa, Arizona; and Special Operations Command have all purchased a Kingfish in recent years.
[…]The code of silence shrouding the above tools, however, is highly contentious. Their use by law enforcement agencies is in a legal gray zone, particularly because interference with communications signals is supposed to be prohibited under the federal Communications Act. In May, an Arizona court ruled that the FBI's use of a Stingray was lawful in a case involving conspiracy, wire fraud, and identity theft. But according to the American Civil Liberties Union (ACLU), when seeking authorization for the use of the Stingray tool, the feds have sometimes unlawfully withheld information from judges about the full scope of its capabilities. This means that judges across the country are potentially authorizing the use of the technology without even knowing what it actually does. [But in MN who needs judges?? LOL]
That's not all. There is another significant issue raised by the Harris spy devices: security. According to Christopher Soghoian, chief technologist at the ACLU, similar covert surveillance technology is being manufactured by a host of companies in other countries like China and Russia. He believes the US government’s “state secrecy” on the subject is putting Americans at risk.
"Our government is sitting on a security flaw that impacts every phone in the country," Soghoian says. "If we don't talk about Stingray-style tools and the flaws that they exploit, we can't defend ourselves against foreign governments and criminals using this equipment, too."
Soghoian makes an excellent point - the vulnerabilities exploited by KingFish are in some ways a major public safety threat, and the security establishment is accruing power by hiding the flaws as usual instead of forcing society to deal with the overall crappiness of today's telecom technology.
"Security by obscurity" is the dominant principle of political accountability here, and of course it is doomed to fail. Responsible disclosure of the flaws exploited by KingFish and their granular legal circumstances are what we need, not moar domestic SIGINT fog and mystification.
All of these cell phone attack avenues should be known because similar tech to KingFish would be more widely available soon. The disruption under the federal Communications Act is also relevant.
Some time back I pointed out the problems with MN statutes about these kind of cell interceptor technology at a Senate committee and former Sen. Mee Moua suggested that if I wanted to go fishing for KingFish I might need to find some alternate way. At least these days more people care about this stuff!! [It should be recalled Moua - a Hmong war refugee - was hounded by law enforcement at the tail end of her service. See MPR clip below]
Thank you for your data request. You ask "to inspect and review all government data about the cell phone location tool known as the (Kingfish) including, but not limited to, such items as protocols, procedures, legal thresholds, Attorney opinions, evaluations, correspondence, and results of use."
The BCA does possess cellular exploitation equipment; however, we cannot provide details about the equipment because it would compromise ongoing and future criminal investigations including AMBER Alerts, kidnapping cases, fugitive searches and homicides.
In addition, any disclosure regarding the manufacturer, model, capabilities, functionality or other specifics about the equipment could be used by criminals and fugitives to defeat the technology and render the system useless.
As a result, any data regarding this equipment is confidential or protected non-public under Statutes 13.82 Subd. 25 and 13.37 Subd. l (a).
Portions of the data are also trade secret data not subject to dissemination. The contracting company has taken efforts to protect the data from disclosure. As you are aware, a corporation supplying trade secret data to a government entity may claim portions are trade secret. The contractor in this case has appropriately made such a claim as it relates to portions of the data, pursuant to Minn. Statute 13.37 Subd. 1(b).
Again, thank you for your data request. Should you care to discuss it further please contact me.
E. Joseph Newton
Lol "any disclosure regarding the manufacturer, model, capabilities, functionality or other specifics about the equipment could be used by criminals and fugitives to defeat the technology" - so they are counting on ignorance to succeed in controlling society. A perfectly sound way to invest public Debt-Dollars, counting on perpetual confusion over some metal box's legal & technical specifications. Perhaps this kind of clever spending theory contributed to the federal government shut down - it's not like millions haven't vanished on deficient & wasteful Homeland Security gear :-/
"Subd. 25.Deliberative processes. Data that reflect deliberative processes or investigative techniques of law enforcement agencies are confidential data on individuals or protected nonpublic data; provided that information, reports, or memoranda that have been adopted as the final opinion or justification for a decision of a law enforcement agency are public data."
Justification for a decision of a law enforcement agency are public data and that would really seem to include the legal memos about the process for when to fire up Kingfish to poke at cell phones.
Subdivision 1.Definitions. As used in this section, the following terms have the meanings given them.
(a) "Security information" means government data the disclosure of which the responsible authority determines would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses, telephone numbers, e-mail or other digital addresses, Internet communication services accounts information or similar accounts information, and global positioning system locations.
It seems like this is worded to mean that the "information" would be subjected to "theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury". "Defeat the technology" is not on that list, and indeed the question of who the technology has been used on remains decidedly open.
Some of the few questions I am trying to get answered are as follows: In what situations are the cellular exploitation devices used?
Are the BCA/Hennepin Co Sheriff invading people's privacy and liberty at a low legal threshold or no threshold rather than get a search warrant?
Who oversees and approves the use of the equipment? Where is the accountability?
How many innocent people have been within sights of the Kingfish or similar device, the data collected and those subjects of the surveillance who may not even know about it,? How many arrests have happened with the use of this device?
Kip Carver, an official in the Hennepin County Sheriff's office stated to the county's commissioners three years ago that the cellular exploitation device may be used hundreds of times a year.
How frequently are the cellular exploitation devices used and the number of subjects?
Depending if the cops are using a low threshold or none at all in using this device are they doing so to avoid an appearance before a judge where a search warrant (top standard to protect our privacy & liberty) needs to be issued and where questions can be asked?
What is the role of the prosecutors in situations when this equipment is used?
In my data request I asked for the legal thresholds that the agencies must go by in order to use the Kingfish? What is so secret about that?
At this time, the attitude that both agencies have taken with my data requests give the Minnesota Legislature and most important the public no idea how this tool has been used, is being used, how an individual or individuals get chosen to be pursued, and who is accountable.
As some people may currently know I have been working to possibly update our state laws so that the rule of law applies to whats happening now in 2013 not in 1988-1989 when 626A had its last major update.
Even though the Department of Public Safety and the Hennepin County Sheriff do not want to tell me or the public their protocols, policies, procedures of accountability, legal thresholds, and other appropriate public data I will still push on and I hope others will. I am not interested to live in a state where law enforcement rules and not the people.
The Minnesota Bureau of Criminal Apprehension in St. Paul has a KingFish device and makes it available to local agencies, said Jill Oliveira, a BCA spokeswoman. Only a few people know how to use it because the training is expensive, she said.
Stanek couldn't be reached for comment Tuesday. Kip Carver, a Sheriff's Office inspector who heads the investigations bureau, told commissioners that the device would track only cell phone numbers obtained through a search warrant, and couldn't be used without a court order.
The KingFish can't eavesdrop on phone conversations, Carver said. Instead, it locates cell phones that might be in the possession of an abduction victim, he said, or a robber making a getaway.
"I truly believe [we] would be very busy using that," Carver said. Asked how many times a year the device might be used, he said it could be in the hundreds.
Commissioner Jan Callison agreed to table the request to get more information, but added she was not as troubled by the device as some of her colleagues. "It seems to me that there are certainly ways to make sure this technology is deployed legally. ... It's really the sort of law enforcement that we want," she said.
Yet Moua made waves with some law-enforcement officials this year when she proposed legislation that would ban police departments from sharing secret files on gang members and activities. Moua said she had concerns about racial profiling, especially of young African-Americans who she says could be entered into the database simply for being photographed with a known gang member. The proposal came after a series of scandals involving the now-defunct Metro Gang Strike Force.
"So she saw abuse in law enforcement, and I think that's why she wrote the bills she did," Limmer said. "Was it an overreach? Hmm. Some people might say so, but you could understand where she was coming from."
Some law-enforcement officials, though, painted Moua as a gang sympathizer. And Ramsey County Sheriff Bob Fletcher said at the time that Moua was overreacting to isolated problems with the strike force.
"I think that overreaction has caused her to introduce reckless legislation that will jeopardize the safety of citizens, officers and case prosecutions," Fletcher said.
Moua said she was taken aback by the reaction from law enforcement.
"They wanted to make this about cops vs. dangerous criminals," she said. "But the actuality is it's about cops vs. people in the community who haven't done anything [wrong] and who were being profiled in these databases."
Chaska Police Chief Scott Knight said Moua has been known to question police practices -- which may have irked some law enforcement officials.
"While sometimes some of my peers had some frustrations, I thought she was very healthy for the global approach to law enforcement, and the balance with community and citizens' rights and fairness," Knight said.
To paraphrase Rockford Files Jim says: "You can stomp someone into the ground using computer technology as a club"… Evil CEO guy: "To my knowledge none of this is illegal." Jim: "It should be!" The House on Willis Avenue is easily the most applicable episode to this scenario, with its combination of unregulated electronic spying and shady local government operations:
Finally I would add there are several candidates for Pirate Party in Minneapolis in November - if you want to send the signal that these issues matter, consider voting for them. The two parties are almost certainly not going to help you and the other minor parties are all over the map.
///// UPDATE Friday 2pm Central: Tice got squelched by shady NBC lawyers at the last second according to BoilingFrogsPost.com:
Today MSNBC aired an interview with Mr. Tice disclosing “some” of his revelations, thanks to the vigilant activists who tirelessly shared and disseminated Mr. Tice’s revelations and interview audio. Interestingly, at the last minute, MSNBC told Mr. Tice that they would NOT include his revelations on NSA’s targeting of Obama, elected officials, attorneys, judges and activists. Basically, they censored his entire testimony on these stunning allegations!
In a correspondence with Boiling Frogs Post immediately following his censored interview with MSNBC Mr. Tice stated: “When they were placing the ear-phone in my ear with less than ten minutes left till my air time, the producer in New York said that their lawyers were discussing the material, and at this time, they did not want me to mention anything about the NSA wiretaps against all the people and organizations that I mentioned. That is how it went down. I did say on the air that I know it is much worse and would like to talk about that some time.”
- See more at: http://www.boilingfrogspost.com/2013/06/21/msnbc-censors-nsa-whistleblow...
The heat is on and the squirrels are getting squirrelly!!! /////
Named NSA targets by Tice include current Supreme Court Justice Alito, Sen. Dianne Feinstein, Hillary Clinton, Rep. Henry Waxman, then-Sen. Evan Bayh, Sen. John McCain, Sen. Jay Rockefeller, then-US Rep. Kucinich. And of course President Obama.
In this bombshell episode of the Boiling Frogs Post Podcast Show NSA whistleblower Russ Tice joins us to go on record for the first time with new revelations and the names of official culprits involved in the NSA’s illegal practices. Mr. Tice explains in detail how the National Security Agency targets, sucks-in, stores and analyzes illegally obtained content from the masses in the United States. He contradicts officials and the mainstream media on the status of the NSA’s Utah facility, which is already operating and “On-Line.” He reveals the NSA as a Deep State that targets and wiretaps US political candidates for its own purposes. We discuss the latest controversies involving the NSA, PRISM, Edward Snowden, and the spins and lies that are being floated by the US mainstream and pseudo-alternative media. Do NOT miss this revelatory interview.
"Here's the big one ... this was in summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois," he said. "You wouldn't happen to know where that guy lives right now would you? It's a big white house in Washington, D.C. That's who they went after, and that's the president of the United States now."
There was a lot of specific references to space-based platforms - that is National Security Agency satellite technology - which was Tice's specialty to which he has now apparently turned The Blowtorch with excellent timing.
The vast amount of discretion vested in NSA analysts is also demonstrated by the training and briefings given to them by the agency. In one such briefing from an official with the NSA’s general counsel’s office – a top secret transcript of which was obtained by the Guardian, dated 2008 and then updated for 2013 – NSA analysts are told how much the new Fisa law diluted the prior standards and how much discretion they now have in deciding whose communications to intercept:
“The court gets to look at procedures for saying that there is a reasonable belief for saying that a target is outside of the United States. Once again – a major change from the targeting under Fisa. Under Fisa you had to have probable cause to believe that the target was a foreign power or agent of a foreign power. Here all you need is a reasonable belief that the target is outside of the United States …
“Now, all kinds of information can be used to this end. There’s a list in the targeting procedures: phone directories, finished foreign intelligence, NSA technical analysis of selectors, lead information. Now, you don’t have to check a box in every one of those categories. But you have to look at everything you’ve got and make a judgment. Looking at everything, do you have a reasonable belief that your target is outside the United States? So, cast your search wide. But don’t feel as though you have to have something in every category. In the end, what matters is, ‘Does all that add up to a reasonable belief that your target is outside the United States?’”
So vast is this discretion that NSA analysts even have the authority to surveil communications between their targets and their lawyers, and that information can be not just stored but also disseminated. NSA procedures do not ban such interception, but rather set forth procedures to be followed in the event that the NSA analyst believes they should be “disseminated”.
The decisions about who has their emails and telephone calls intercepted by the NSA is made by the NSA itself, not by the Fisa court, except where the NSA itself concludes the person is a US citizen and/or the communication is exclusively domestic. But even in such cases, the NSA often ends up intercepting those communications of Americans without individualized warrants, and all of this is left to the discretion of the NSA analysts with no real judicial oversight.
The TPP is nicknamed “NAFTA on steroids.” Now that I’ve read it, I can see why. I can’t tell you what’s in the agreement, because the U.S. Trade Representative calls it classified. But I can tell you two things about it.
1) There is no national security purpose in keeping this text secret.
2) This agreement hands the sovereignty of our country over to corporate interests.
3) What they can’t afford to tell the American public is that [the rest of this sentence is classified].
It is ironic in a way that the government thinks it's alright to have a record of every single call that an American makes, but not alright for an American citizen to know what sovereign powers the government is negotiating away.
Having seen what I’ve seen, I would characterize this as a gross abrogation of American sovereignty. And I would further characterize it as a punch in the face to the middle class of America. I think that’s fair to say from what I’ve seen so far. But I’m not allowed to tell you why!
Alright leaving this here for now. Get tuned in and look around - the truth is out there! SAIC, Booz Allen Hamilton, the grip of your sorts on all our lives is in for its createst challenge yet. The infosec praetorians are overdue for a fall in their space-age egos!
Dateline: Pseudo-Secret Minneapolis (aka Fridley): What WCCO called the "secret" "City of Eyes" Strategic Information Center has been located on the Google! Your Federal Stimulus Money & FY2010 Homeland Security Appropriations At Work - A Facility for Spying on Facebook Occupy Barbecues
It's nice when data releases tie together a larger system, and we've sure got that here. It's not really "secret" but it's quite shiny & new, not well-known at all, and it is certainly has been used as a site for spying on Occupy activists without criminal predicates by the Minneapolis Police Department. [emails a bit farther down]
Wold Architects and Engineers designed a site and facility for the City of Minneapolis Fire Department Training Campus to include a Fire Department’s Training Division; training classrooms multi-used as an Emergency Operations Center for the City’s Emergency Preparedness; a Strategic Information Sensor Monitoring Center for the Minneapolis Police Department; and vehicle storage garages for the Fire Department’s regional asset equipment.
The design exceeds the City of Minneapolis requirement for design to meet LEED Silver.
This state-of-the-art federally funded facility allows police to determine... the location of barbecues on Facebook, including even the number of "YES" and "MAYBE" invitees.
This facility also encompasses "Shotspotter" directional microphones all over the city - I wonder if those are ever activated besides the gunshot decibel threshold "trigger" - they are in fact pretty high-fidelity microphones, it has been disclosed (May 28 2012 NYT article) but the manufacturer denies the mics are triggered by conversations.
I for one, am glad that we spent both municipal and borrowed federal tax dollars on training the Minneapolis police to believe a Facebook "YES" invite is real. The simulacrum of today's clicks has become the strategic information of tomorrow!
Minneapolis opens Emergency Operations Training Facility
The City of Minneapolis has opened its new Emergency Operations Training Facility, which will help emergency responders and other City staff better prepare for and respond to emergencies. The multi-purpose building helps meet the training and response needs of the Minneapolis Fire Department, the Minneapolis Police Department, and the City's Emergency Management Division, along with other regional partners.
The Emergency Operations Training Facility is a multi-purpose building that includes training classrooms for Minneapolis firefighters and metro emergency managers, a strategic information center for the Minneapolis police, the main training site for the State of Minnesota Structural Collapse Team, and an emergency operations center that will be used during significant emergencies or disasters.
The new facility is built on a 12-acre site in Fridley that the City purchased in 1990, and since that time, the site has been built out as a training facility for Minneapolis Firefighters. Over the years, a fire training tower and propane burn building have been constructed, and special equipment has been purchased to help train emergency responders for incidents involving hazardous materials and collapsed structures. The construction of the new Emergency Operations Training Facility on the site is a major step toward completing this training and response site.
The Emergency Operations Training Facility is built to a LEED Silver Quality Standard for sustainability, and it includes facilities for a wide range of emergency responders from Minneapolis and the region:
Emergency Operations Center
One of the lessons learned from the City's response to the Interstate 35W Bridge collapse in 2007 was that the City's Emergency Operations Center, located in the basement of City Hall, was too small to serve as a center for large-scale emergencies. The new facility fixes that, with 2,800 more square feet of floor space. It will also be used as a back-up Emergency Operations Center for the State, Hennepin County and the City of St. Paul.
Strategic Information Center
The Strategic Information Center is a new space where the Minneapolis Police Department will analyze data to determine long-range trends that pose potential risks to the city. It can provide emergency managers with important information during a major event, incident or disaster.
State of Minnesota Structural Collapse Team
This team serves the entire state with specialized equipment and trained personnel for urban search and rescue and structural collapse incidents. This facility will include apparatus bays for storage of emergency response vehicles and specialty equipment for the Coast Guard, State, City and Metro West region of Homeland Security. In addition, this facility will house training and classroom space, staff offices, support spaces and common spaces.
Coast Guard monitoring.
The U.S. Coast Guard will also use the facility as a monitoring location for cameras placed along the Mississippi River from St. Louis to the metro area.
Published Nov. 4, 2010
Moar casual Google Mapping:
Apparently they dropped a cool $50K on the fence in early 2012. here is the bid page "To furnish all labor, materials, equipment and incidentals necessary to accomplish the complete construction of Emergency Operations Training Facility Perimeter Fence Project, located at 25 37th Ave NE, Fridley, MN." SRC: Minneapolis, City of - Projects. [A little more on the fence industrial complex below]
Of course, once Erin Brockovich samples those weird adjacent holding pond things, I'm sure the infamous Fridley Cancer Cluster case will be solved. Perhaps Sgt. Garcia can go out and take some samples!
I believe at least two of structures are firefighter training buildings - later pics below seem to bear this out.
Let's check out the $330,704 in electronically-created yet borrowed-at-interest-from-private-Fed-cartel recently invested in this barbecue monitoring center. Official less-than-informative stimulus info page: Minneapolis Recovery - City of Minneapolis Minneapolis Police Strategic Information Center.
[Naturally it is funded by the electronically created debt-digits from the Department of Justice Bureau of Justice Assistance (BJA), the same endless police pork hub that brought us all those "you might be a terrorist if you pay in cash" type intel flyers for everything from hotels to hobby stores - many of those flyers were financed by Grant Number 2007-MU-BX-K002, which I included ironically on my own site's banner art. Google it for lulz!] Here's that official page:
The City of Minneapolis is not a primary recipient on this project. No Federal Report XML is submitted for this project.
To establish integrated crime analysis in cooperation with the St. Paul Police Department. Staff will be located in a joint Strategic Information Center (SIC).
MN Department of Public Safety: Byrne Justice Assistance Grant
Perhaps this is even the 'secret' location Tippy spycams are constructed: a while ago prankster MPD Spokester & PIO Jesse Garcia shared pics of a camera construction room & with all the other video rigs this seems a likely spot.
Anyway finally here is the email chain which prompted this line of research. There are surely other gems, we are just barely getting started. Circa page 109 of Part 1:
The public servant on some of these emails is one Minneapolis Police Department officer Steven Otteson, who has a decidedly low Internet profile.
A news story indicated the supervisor of the Strategic Information Center is MPD Lt. Jeff Rugel at 612-673-3428. Page 112:
"Why are we not getting this stuff from the SIC?" Here is stuff about why they should not have to "spend time looking it up" and it should be run through the SIC... This could kind of be the crux of the whole issue here on Page 114:
Alright, that covers some of the new data on this SIC thing vis-a-vis obsessing on Occupy events, so let's turn to the news coverage of this facility.
Carefully shaped news coverage: Mid-2012 saw a series of mainstream media items intended to shape public perceptions this center is designed to neutralize the threats from the surveilled populace. WCCO went so far as to call it a "secret location". That is some quality Fourth Estate right there.
MINNEAPOLIS (WCCO) – Minneapolis police are the first in the country to merge two technologies to help officers fight crime.
The Minneapolis Police Department has combined shot spotter technology and a system of cameras to help catch criminals in the act.
Authorities allowed WCCO-TV’s Reg Chapman into a secret location in Minneapolis, where a strategic information center is housed.
Minneapolis Police Deputy Chief Rob Allen said the room is where police gather intelligence.
“This is the room where we try and fuse the technology we have to monitor video cameras, to monitor the sounds of possible gunshots, and it’s where we have our officers who are trained in intelligence gathering,” he said.
The system in the room is like CBS’ Thursday night show “Person of Interest,” in which cameras are used to help save people from becoming victims of crime.
“If you can anticipate where crimes might happen, you got a far better chance of preventing them from occurring,” Allen said.
According to Allen, when a gunshot goes off, a camera turns toward the source of the sound. Strategic Information Center Commander Lt. Jeff Rugel said the technology helped solve a case where a man was shot, killed and pushed out of a moving car. The sound of the gunfire activated the cameras, which gave police their first clue.
[......]City Of Eyes
The number of cameras connected to the intelligence system is growing and helping police catch more criminals. But not all the cameras are owed by the city.
“The city owns roughly 250 cameras,” Allen said. “We can access right now … an infinite number of cameras.”
According to Allen, any camera that has an IP address, is connected to the Internet, and that police have permission to use can give information to authorities.
So whenever you are in a public space, know that you’re likely on camera. Police are using portable cameras more now than ever. They can put them where they are needed and have one up and running within an hour of the order.
Invasion Of Privacy?
But what about your right to privacy? Police say they are careful not to infringe on anyone’s rights.
“Every time we installed a camera system, we went to the neighborhood and said, ‘You know, this is what we’ve thought about doing? Do you want it or not,’” Allen said.
He says police can’t look into a place where someone has the expectation of privacy. [magic filters eh?] But police still have a wide reach, which gives criminals a greater chance of getting caught on camera.
Crime patterns are currently moving and Minneapolis police hope to add more portable cameras. Police believe if criminals know they are being watched they are more likely not to commit crimes.
Star Tribune writes about this center using Facebook to watch what the state defines as "gang members" (mysteriously, shady rich Caucasian financial operatives never seem to meet this race/age/wealth-biased deviance category schema).
Of course, this week's data release shows this has bloated out to canvassing political movements without even the semblance of illegal activity... there is no "barbecue predicate" but there are of course hourly wages to be paid by Minneapolis taxpayers for monitoring the barbecue Facebook Event. Perhaps even overtime!
Facebook has become a virtual street corner where members trade threats, mourn the dead.
"It's probably no different than any other kids, right?" said Minneapolis police Lt. Jeff Rugel. "They're sharing stuff that they used to do face-to-face or over the phone. But there's criminal stuff." [.....]
Rugel runs the police department's Strategic Information Center, where officers use technology to track crime. One of the jobs in his office amounts to monitoring Facebook full-time. They understand the teen slang and filter through thousands of innocuous and inane comments to look for the few that could solve a crime or stop one before it happens. They try to draw connections out of the Facebook networks to help document the shifting alliances on the street.
Police were aware of Facebook threats between rival gangs weeks before the shooting that killed Nizzel, but the threats weren't specific. When Rugel and his staff sees something that looks like trouble -- a known gang member says he's going to hurt someone -- they pass the information along to officers on the street.
It's a poorly kept secret that the police watch Facebook, said Rugel.
"You see comments every once in a while. 'Don't put that on Facebook. You know who's looking at it,' " he said.
Despite some users' occasional concern, many of the Facebook users monitored by police flaunt their illegal behavior online, showing themselves smoking marijuana, posing with stolen merchandise, the security tags still attached, and making gang signs. [.....]
There was also some bidding information online about the estimated $50,000 fence around the facility. Emergency Operations Training Facility Perimeter Fence Project (eBidDoc #1810882) contact: David Schlueter phone: 612-673-2834 e-mail: firstname.lastname@example.org bid date: 01/25/2012 10:00:00 AM
It was scraped off his LinkedIn - no surprise there. But no one put it together... Jesse Garcia III | LinkedIn. I think it would be great if state law were changed so that Garcia could be cross-examined by taxpayers about the flow of drug money through the Federal Reserve Bank of Minneapolis and its member banks, let's say once a month on live community access TV. Looks like he ought to be tapped into that gigaflow of data on bankster crime intel!
Strategic Information Center
Minneapolis Police Department
September 2010 – Present (2 years 5 months)
I am a supervisor in our new intel center that focuses on:
More media:Vehicle data, email access among Minneapolis legislative issues | MinnPost - Karen Boros, Nov 2, 2012. Automated License Plate Reader (ALPR) including of course the "secret" camera on nearby Plymouth Ave. N. bridge is controlled from this "Strategic Information unit" according to the article - I would assume this is the same spot it's based, unless it is somehow split:
Currently, the Minneapolis Police Department uses cameras to record the license plates, time and location of vehicles. That data is now public information that can be obtained by anyone requesting the information.
“Our concern is that if it stays public data that people can use it for inappropriate purposes,” said Deputy Chief Robert Allen. The system now doesn’t allow police to inquire how it might be used. “We’re not allowed to make a judgment,” he said.
Access to the data is controlled by about a dozen people working in the department’s Strategic Information unit.
directions to site: 25 37th Ave NE Fridley, MN 55421
bids close: 02/23/2012, 10:00:00 AM
bids received by: City of Minneapolis Purchasing Department CONSTRUCTION OF THE EOTF APPARAUS BAY ADDITION 330 Second Avenue South Suite 552 Minneapolis, MN 55401
estimated value: $1,500,000.00
project completion date: 08/15/2011
pre-bid meeting information: A Pre-Bid Meeting and site tour will be held on February 15th, at 11:00 AM, Local Time in Room 128 at the Emergency Operations Training Facility located at 25 37th Ave NE, Fridley MN. All interested bidders should attend this meeting.
project description: Scope of Work Includes: Complete construction of the Apparatus Bay Addition at the City of Minneapolis Emergency Operations Training Facility. This work shall include all labor, equipment, materials, installation, handling, delivery at site, necessary insurance and permits, erection and other required items for general, civil, landscaping, demolition, structural, architectural, mechanical and electrical construction and stability as shown on the plans and specifications.
additional description: This Contract contemplates the complete construction of the Emergency Operations Training Facility Apparatus Bay Addition for the Minneapolis Fire Department located at 25 37th Avenue NE., in Fridley, all in accordance with the Contract Documents. This Project has been designed to comply with the requirements of the State of Minnesota Sustainability Building Guidelines B3 (MSBG B3) Version 2.1 and also the U.S. Green Building Council’s Leadership in Energy and Design ( USGBC LEED®) Rating System. It is the intent of this Contract that the Project shall become MSBG B3 Version 2.1 Certified and LEED® SILVER level of quality building under the LEED®-NC Rating System. Work to be performed consists of the furnishing of all materials, machinery, equipment, labor, supplies, tools, transportation, and other incidentals necessary or convenient to complete the work as shown in the Contract Documents on file in the Minneapolis Finance Department, Property Services Division and with the Purchasing Agent of the City of Minneapolis.
Minneapolis Emergency Operations Training Facility
November 2011: The Minnesota High Tech Association recognized the City of Minneapolis and its Emergency Operations Training Facility with an award at the 2011 Tekne Awards, held Nov. 3 at the Minneapolis Convention Center. The Tekne Awards recognize Minnesota companies and individuals who have shown superior technology innovation and leadership.
The City of Minneapolis took home the award in the “Technology Excellence in a Nonprofit Organization” category that recognized the City’s Emergency Operations Training Facility/Strategic Information Center (EOTF/SIC) for bringing technology and information together to make Minneapolis a safer place. At the facility, technology, digital data, streaming video and highly interactive interfaces come together in one highly efficient communication center for the city.
The Minneapolis Fire Department, Police Department, and Emergency Management division opened the EOTF/SIC in August 2010 as a place where they and other emergency responders could coordinate more closely than had ever been possible before. The facility recently demonstrated its effectiveness during the response to the May 22 tornado that struck north Minneapolis.The multi-purpose building also provides training space for emergency responders.
Mpls. Unveils New Emergency Operations Center | Crime | Downtown News - Nov 4 2010, KSTP Gail Brown: Congressman Keith Ellison secured $750,000 for the project in a 2010 appropriations bill, and he will be attending a ribbon cutting ceremony at 2:30 p.m. along with Minneapolis Mayor R.T. Rybak, City Council President Barb Johnson and other city leaders.
Washington, D.C. – Congressman Keith Ellison (D-Minneapolis) secured a $750,000 appropriation for the City of Minneapolis to build a new Emergency Operations Center in a bill approved by the House today. The funds were included in H.R. 2892, the Homeland Security Appropriations Bill for FY 2010.
Fredrikstad, Norway--The City of Minneapolis has deployed 12 projectiondesign F32 DLP projectors as the main display source in the Analyst Room and F22 series projectors in the Incident Command Room of its Emergency Operations Training Facility (EOTF).
Located just outside Minneapolis, the EOTF boasts an extensive surveillance, audiovisual and network infrastructure specified and installed by systems integrator AVI-SPL.
“In a facility like this, even the slightest compromise in performance can result in tragic consequences,” said Fred Primoli, regional VP Sales for AVI-SPL. Primoli and his colleagues worked with the city for nearly two years on the concept, planning and final implementation of the EOTF, with the primary challenge being an interesting one: the creation of a state-of-the-art communications facility that may get activated no more than once in a decade.
“We needed systems that were capable of totally robust operation 24 hours per day, seven days per week – but which also were capable of performing at their best after extended periods of inactivity.
“From the outset we were delighted with the performance of the F32 projectors. The Analyst Room has three rear-projection screens, each measuring 160 inches wide by 120 inches tall, with four projectors driving each screen so that four separate windows can be shown on each one.
“The projectors have been superbly colour-matched to ensure consistency across each screen, while their excellent resolution, contrast and brightness mean they are equally at home showing video or data sources – which is important in an installation such as this where the staff need to a view a combination of both.”
Deputy Chief Robert Allen, a veteran of the Minneapolis Police Department, said: “The new display system allows us to look at a video feed and understand a situation almost instantly. Through video, we can get information to our officers much faster – especially when time is critical. We can zoom in with our cameras and really examine a situation and relay it back to our officers, allowing them to be prepared even before they get there. With this new technology, we can see something happen faster than a police offer 50 feet away.”
F22 series projectors from projectiondesign can also be found in the EOTF’s Incident Command Room that’s used for emergency training and an actual declared emergency.
“There is a large number of emergency monitoring projects in the U.S., and we are delighted that our technology has been used to display high-resolution security-camera images in so many of them," said Anders Løkke, marketing director, projectiondesign. "The Minneapolis EOTF already demonstrated its effectiveness during the tornado that swept through the area last May and, although we would prefer it if our systems never had to be used in similar situations again, the reality is that the city is better-protected now that its providers of emergency services have such easy, immediate and accurate access to security-camera imaging from so many locations.”
“The EOTF was conceived as a place where the various Departments responsible for emergency response and management in Minneapolis could co-ordinate their efforts more closely than had previous been possible,” said Primroli.
On May 20 2011 CItyPages reported on Rocco Forte, former Minneapolis fire chief, departing, and Forte talked about being pleased to help finish the complex: "After the 35W bridge collapse, the Republican National Convention, and the tornado that went through South Minneapolis, it is clear that we have one of the finest emergency management teams in the country. It was also a long time goal of mine to complete the Emergency Operations Training Facility that includes an Emergency Operations Center, Strategic Information Center as well as a training facility which seats up to 250 people per day."
This bill would grant $8,000,000 in bond proceeds to the City of Minneapolis to design, construct, furnish, and equip an emergency operations center housed in the City’s current training center and to make other improvements to the training center.
According to the 2008 budget request, the overall cost of the project is $27,403,000 with the City and Hennepin County funding the non-state funded portions of the project. The Joint Emergency Operations Center (EOC) for Hennepin County and the City of Minneapolis will be located at the Minneapolis Fire Training Campus on city owned land. The City contends the current facility is inadequate and limits the effectiveness of the command structure. The City further contends that the Minneapolis Fire Training Campus is an ideal location for the EOC as it would provide a secure operations center with enough room to respond to a major incident affecting the county. Finally, the City believes this request would provide much needed training classrooms at the Minneapolis Training Facility which is the main site for training the State Structural Collapse Team.
With a pretty severe shortage of funds for both state and municipal operations, is an open-ended SIC mandate to track protest activity on Facebook really the most prudent use of funds? And doesn't this operational configuration create a chilling effect on political expression in Minneapolis? The research continues....
The first time I heard of FawkesSec (assuming that's the same general thing as FawkesSecurity) I heard it was a contractor setup. And now here we are. I'm not the only one who noticed a flow of BS. & also this.
Anonymous is a non-violent resistance movement consisting of a global collective of autonomous individuals who adhere to these basic principles: 1) Do not attack the media. (This includes main stream, independent, and social media) 2) Do not attack critical infrastructure. (Such as communications networks, power grids - or hospitals) 3) Work for Justice and Freedom. (Especially with regards to freedom of information and the internet) ANYONE anywhere can initiate an Anonymous operation, action, or group - and so long as they adhere to these basic principles they are as much Anonymous as anyone. EVERYONE is Anonymous.
As for this Anon linking Project Mayhem 2012 to harmful and illegal activities ('Fawkes Virus', releasing viruses on 12.21.2012 and physical disruption.) we say, bring on the disinfo, we encourage it. Any disinfo you throw at us will only be fuel to the fire that will burn this world, because EVERYONE knows PM2012 will NEVER do ANYTHING ILLEGAL.
Greetings from.... _ _ ___ _| || |_ / _ \ |_ __ _/ /_\ \_ __ ___ _ __ _ _ _ __ ___ ___ _ _ ___ _| || |_| _ | '_ \ / _ \| '_ \| | | | '_ ` _ \ / _ \| | | / __| |_ __ _| | | | | | | (_) | | | | |_| | | | | | | (_) | |_| \__ \ |_||_| \_| |_|_| |_|\___/|_| |_|\__, |_| |_| |_|\___/ \__,_|___/ __/ | |___/ This message is to the media: Earlier tonight, the Twitter account @FawkesSecurity posted a link to a pastebin and a YouTube video that stated the following: "As of today 200 kilograms of composite Nitroglycerin and commercial explosives have effectively been concealed in a government building" Let us be perfectly clear: Anonymous is not a terrorist organization. Anonymous does not use bombs. Anonymous does not condone violence in any way.Anonymous supports justice and universal equal rights. We support peaceful protest. At this time, we are not sure whether or not @FawkesSecurity is trying to troll, or if he's trying to discredit the name of Anonymous in the eyes of the world. Maybe @FawkesSecurity's twitter and YouTube account was hacked. Perhaps this is the FBI's way of trying to label Anonymous as terrorists so they can begin using the NDAA against us. Either way, fuck whoever posted that threat. We are Anonymous We are legion We do not forget We do not forgive Expect us
Also, who is this guy? He's sent tweets to fawkessecurity in the last few days (& bizarre emails to people) & doesn't seem too balanced. We have had more than a few like this, but something unique going on here :/
...and also check this out: on Subliminal Ridge: Doxing and the Barrett Brown Indictment. Important info about the 'restricted information' BS: In this law, the term “restricted personal information” means, "with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual." ... yet to cite merely one recent example on Cryptome.org this kind of stuff is already not 'restricted' at all!
Memorable scenes in "J. Edgar," the unsung biopic of FBI über-cryptocrat J. Edgar Hoover directed by Clint Eastwood, highlighted Leo DiCaprio's Hoover essentially blackmailing politicians like Robert F. Kennedy & Franklin D. Roosevelt over the decades with potentially embarrassing recordings and snippets. He reminisces with his partner-for-life Colson how well it goes every time.
Now there's an entire corporate contractor sector, nicknamed the Eagle Alliance, which has taken over many core National Security Agency functions, and each one of them are in a position to pull Hoover-like shenanigans to control the political system. This system of leverage & blackmail was described in Al Martin's The Conspirators: Secrets of an Iran-Contra Insider" as the "Control Files."
"That capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide."
He added that if a dictator ever took over, the NSA "could enable [him] to impose total tyranny, and there would be no way to fight back."
At the time, the agency had the ability to listen to only what people said over the telephone or wrote in an occasional telegram; they had no access to private letters. But today, with people expressing their innermost thoughts in e-mail messages, exposing their medical and financial records to the Internet, and chatting constantly on cellphones, the agency virtually has the ability to get inside a person’s mind…
"I don’t want to see this country ever go across the bridge," Senator Church said. "I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return."
Let's hop on down the rabbit hole. The National Security Agency and its beleaguered whistleblowers are back with the Internet's Lawyers Guild - aka the Electronic Frontier Foundation, who have saved the day on countless occasions. Now they are kicking it up a notch with a lawsuit against the 'state secret' everyone knows about -- corporate contractors copying everyone's private domestic communications.
In my case, there’s no way the programs I want to talk to Congress about should be public ever, unless maybe in 200 years they want to declassify them. You should never learn about it; no one at the Times should ever learn about these things.
I’m going to provide a one paragraph summary, just to make sure that the implications of this are clear to everyone:
The U.S. Government has, almost certainly, established a database and tracking system for something like eight million Americans who have been designated as threats to national security. The system is called MAIN CORE and it is being run under the auspices of highly classified Continuity of Government (COG) operations. MAIN CORE uses a variety of intelligence sources as inputs, including your email, web activity, telephone and private financial information. In the event of a major national security crisis, it is alleged that Americans listed in the MAIN CORE database, “Could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.”
Below are some excerpts from The Last Roundup. I have provided explicit pointers to the related materials on Cryptogon:
According to a senior government official who served with high-level security clearances in five administrations, “There exists a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.”[See:AT&T Invents Programming Language for Mass Surveillance]
He and other sources tell Radar that the database is sometimes referred to by the code name Main Core. One knowledgeable source claims that 8 million Americans are now listed in Main Core as potentially suspect. In the event of a national emergency, these people could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.
Three NSA Whistleblowers Back EFF's Lawsuit Over Government's Massive Spying Program
EFF Asks Court to Reject Stale State Secret Arguments So Case Can Proceed
San Francisco - Three whistleblowers – all former employees of the National Security Agency (NSA) – have come forward to give evidence in the Electronic Frontier Foundation's (EFF's) lawsuit against the government's illegal mass surveillance program, Jewel v. NSA.
In a motion filed today, the three former intelligence analysts confirm that the NSA has, or is in the process of obtaining, the capability to seize and store most electronic communications passing through its U.S. intercept centers, such as the "secret room" at the AT&T facility in San Francisco first disclosed by retired AT&T technician Mark Klein in early 2006.
"For years, government lawyers have been arguing that our case is too secret for the courts to consider, despite the mounting confirmation of widespread mass illegal surveillance of ordinary people," said EFF Legal Director Cindy Cohn. "Now we have three former NSA officials confirming the basic facts. Neither the Constitution nor federal law allow the government to collect massive amounts of communications and data of innocent Americans and fish around in it in case it might find something interesting. This kind of power is too easily abused. We're extremely pleased that more whistleblowers have come forward to help end this massive spying program."
The three former NSA employees with declarations in EFF's brief are William E. Binney, Thomas A. Drake, and J. Kirk Wiebe. All were targets of a federal investigation into leaks to the New York Times that sparked the initial news coverage about the warrantless wiretapping program. Binney and Wiebe were formally cleared of charges and Drake had those charges against him dropped.
Jewel v. NSA is back in district court after the 9th U.S. Circuit Court of Appeals reinstated it in late 2011. In the motion for partial summary judgment filed today, EFF asked the court to reject the stale state secrets arguments that the government has been using in its attempts to sidetrack this important litigation and instead apply the processes in the Foreign Intelligence Surveillance Act that require the court to determine whether electronic surveillance was conducted legally.
"The NSA warrantless surveillance programs have been the subject of widespread reporting and debate for more than six years now. They are just not a secret," said EFF Senior Staff Attorney Lee Tien. "Yet the government keeps making the same 'state secrets' claims again and again. It's time for Americans to have their day in court and for a judge to rule on the legality of this massive surveillance."
In Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal unconstitutional and ongoing dragnet surveillance of their communications and communications records.
Filed in 2008, Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. That same evidence is central Hepting v. AT&T, a class-action lawsuit filed by EFF in 2006 to stop the telecom giant’s participation in the illegal surveillance program.
In addition to suing the government agencies involved in the domestic dragnet, Jewel v. NSAalso targets the individuals responsible for creating authorizing and implementing the illegal program including former President George W. Bush, former Vice President Dick Cheney, Cheney’s former chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales, and other individuals who ordered or participated in the warrantless domestic surveillance.
The Obama administration moved to dismiss Jewel in 2009, claiming that litigation over the wiretapping program would require the government to disclose privileged “state secrets” and that it was immune from suit. The court instead ruled that the case should be dismissed on standing grounds.Fortunately, in December of 2011, the 9th U.S. Circuit Court of Appeals ruled that Jewel could proceed in district court.
There aren't that many journalists who regularly cover the National Security Agency, and it's pretty obvious this beat is a shortcut to catching major gangstalking from a whole passel of shadeballs. What better way to see who SAIC will send if you piss them off & expose their enormously profitable contracting rackets & fraud?
James Bamford first wrote The Puzzle Palace, the first book on the NSA which established a great deal for the public about how it operated. His much more recent book The Shadow Factory described a number of major developments since then, including the backbone tapping system which is a major part of Jewel v. NSA.
In a 30-page motion that prosecutors filed on Monday, they argued that the First Amendment did not give Mr. Risen the right to avoid testifying about his confidential sources in a criminal proceeding. The Justice Department argued that Mr. Risen was a witness and should be compelled to provide information to a jury “like any other citizen,” contending that there was no basis to conclude “that the reporter is being harassed in order to disrupt his relationship with confidential news sources.”
DC alternative journalist Wayne Madsen, while derided by many in the mainstream & liberal networks as a conspiracy theorist etc (and I wouldn't be surprised if certain factions try to use him to plant early disinfo & poison the well in obscure stories - as often happens with journalists on weird beats) overall Wayne has kept coming up with the goods on the NSA, clearly with a number of inside and veteran sources. Code names in this case STELLAR WIND and PINWALE first entered the public arena via Madsen's site WayneMadsenReport.com.
Madsen has covered the travails of William Binney, Thomas Drake & J. Kirk Wiebe, in particular Drake over the years. Drake's case in particular involves the interests of sketchy Israel-linked contractors in penetrating Americans' private communications using backdoors such as the Narus Verint wiretapping boxes placed on Internet backbone sites, which first surfaced because of whistleblower Mark Klein, who had installed the fiber optic splitter running domestic backbone signals en masse into the 'secret room'.
Anyway much of this is available over In-Q-Tel I mean CIA I mean Google, but the stuff on WayneMadsenReport.com is not. I asked Wayne a while ago and he basically asks for a day or two (or several) for people to refrain from reposting his material outside the paywall. I ask that you support independent journalism - I am reposting these now for general public interest because the situation has finally 'broken out' a little more.
APRIL 2012: Let's start on the late side with a April 2012 backgrounder that finally establishes a great deal of the crusade to crush Thomas Drake. It gets to, what else, Israeli contractors and extreme corruption. Plus it has tons of nice NSA program code words.
The SARC is where companies linked to Israel helped set up NSA's controversial and top secret warrantless eavesdropping program code-named Stellar Wind. SARC's chief of staff, J. Kirk Wiebe, and the center's co-founded, Bill Binney, realized that a private company with links to Israel, Technology Development Corporation (TDC), a two-man operation with an Annapolis Junction post office box run by two brothers, Randall and Paul Jacobson of Clarksville, Maryland, was running the Stellar Wind operation using software and equipment provided by two Israeli firms, Narus, later bought by Boeing, and Verint, owned by Comverse Technology, formerly Comverse Infosys. Both companies were formed by ex-Unit 8200 personnel. Unit 8200 is the Israeli counterpart of NSA. The NSA program manager for Stellar Wind was Ben Gunn, a U.S. naturalized Scotsman who once worked for Britain's NSA equivalent, the Goverfnment Communications Headquarters (GCHQ) in Cheltenham, UK.
Rather than investigate the Jacobsons, Gunn and their Israeli interlocutors, FBI agents raided the homes of Wiebe and Binney and confiscated their computer equipment as part of the failed Justice Department investigation of former NSA official Thomas Drake, the whistle blower who exposed massive contract fraud and illegal surveillance by NSA.
Paul Jacobson had his security access pulled by NSA in 1992 and he later changed his name to "Jimmy Carter" and "Alfred Olympus von Ronsdorf." Randall Jacobson continued working for NSA and when Science Applications International Corporation (SAIC) was brought in to run the nascent Stellar Wind program, taking over from TDC, Randall Jacobson tipped Binney off to the illegal nature of the eavesdropping program, which included installing wiretapping rooms in some 20 telecommunications company switches around the United States, including the one exposed by former AT&T technician Mark Klein that was installed at the AT&T switch in downtown San Francisco.
Binney told Bamford that the NSA's advanced eavesdropping and data mining high-data analytical software may have been originally passed to Israel by a pro-Israeli technical director in NSA's Operations Directorate. The original software helped Narus and Comverse/Verint to improve on the work already performed by NSA and more advanced systems were then sold back to the NSA. The major compromise of NSA technology to the Israelis should have been made known to Binney, who was then the chairman of the NSA's Technology Advisory Panel, which monitored the signals intelligence capabilities of foreign nations. Rather than pass on to NSA the intelligence "take" of Unit 8200 using the NSA technology, Binney told Bamford that he believed that the Israeli government simply passed on the technology to Israeli start-up companies that used the NSA-developed know-how to spy on foreign countries, including the United States, and sell the technology back to countries like the United States.
The Israeli penetration of NSA was brought to WMR's attention by NSA personnel in June 2005. One of the firms mentioned as being involved in the compromise to Israel was CACI, part of an alliance of NSA contractors called the "Eagle Alliance." WMR reported: "CACI, called 'Colonels and Captains, Inc.' by critics who cite the revolving door from the Pentagon to its corporate office suites, counts former NSA Deputy Director Barbara McNamara as a member of its board of directors. CACI alumni include Thomas McDermott, a former NSA Deputy Director for Information Systems Security. Former NSA Director Adm. Mike McConnell is a Senior Vice President of Booz Allen. Former NSA Director General Ken Minihan is President of the Security Affairs Support Association (SASA), an intelligence business development association that includes Boeing, Booz Allen, CACI, CSC, the Eagle Alliance, General Dynamics, Northrop Grumman, Raytheon, SAIC, and Windemere, all GROUNDBREAKER and TRAILBLAZER contractors, among its membership. SASA's board of directors (surprise, surprise) includes CACI's Barbara McNamara. One of SASA's distinguished advisers is none other than General Hayden. Although contractors are required to have the same high level security clearances as government personnel at NSA, there are close connections between some NSA contractors and countries with hostile intelligence services. For example, CACI's president and CEO visited Israel in early 2004 and received the Albert Einstein Technology Award at ceremony in Jerusalem attended by Likud Party Defense Minister Shaul Mofaz. The special ceremony honoring CACI's president was sponsored by the Aish HaTorah Yeshiva Fund. The ultra-Orthodox United Torah Judaism Party's Jerusalem Mayor, Uri Lupolianski, was also in attendance. According to Lebanon's Daily Star, CACI's president also met with notorious racist Israeli retired General Effie Eitam who advocates expelling Palestinians from their lands. The U.S. delegation also included a number of homeland security officials, politicians, and businessmen. CACI has also received research grants from U.S.-Israeli bi-national foundations."
What has some NSA officials worried is that with pro-Israeli neocons now engrained within the CIA, Defense Intelligence Agency (DIA), State Department, and National Security Council, NSA is ripe for penetration by Israeli intelligence. NSA has a troubled past with Israel. In 1967, Israeli warplanes launched a premeditated attack on the NSA surveillance ship, the USS Liberty, killing and wounding a number of U.S. sailors and NSA civilian personnel.
Convicted Israeli spy Jonathan Pollard compromised a number of NSA sensitive sources and methods when he provided a garage full of classified documents to Israel. But NSA is also aware of an incident where Israelis used a contractor, RCA, to gain access to yet additional NSA sources and methods.
In the 1980s, against the wishes of NSA, the Reagan administration forced NSA to permit RCA, one of its major contractors, to develop a tethered aerostat (balloon) signals intelligence and direction finding system for the Israeli Defense Force. According to NSA officials, the Israeli-NSA joint project, codenamed DINDI, was established at a separate facility in Mount Laurel, New Jersey and apart from the main NSA developmental center at RCA's facility in Camden, New Jersey. Although NSA and RCA set up a strict firewall between the contractor's national intelligence contract work and the separate DINDI contract, Israeli engineers, who were working for Mossad, soon broke down the security firewall with the assistance of a few American Jewish engineers assigned to the DINDI project. The security breach resulted in a number of national intelligence developmental systems being compromised to the Israelis, including those code named PIEREX, MAROON ARCHER, and MAROON SHIELD. DINDI was quickly cancelled but due to the sensitivity surrounding the American Jewish engineers, the Reagan Justice Department avoided bringing espionage charges. There were some forced retirements and transfers, but little more. But for NSA, the duplicity of the Israelis added to the enmity between Fort Meade and Israeli intelligence.
[On June 5, 2005, WMR followed-up its story of Israeli spying at NSA: "Veterans of the RCA-NSA-Israeli joint SIGINT program code named DINDI report that Israeli engineer spies used the carve out contract with NSA, through RCA, to gain access to NSA and U.S. Navy secrets. In an RCA facility in Mount Laurel, NJ, the Israeli engineers had their own secured lab, and for three years that DINDI ran, they were walking out with their briefcases loaded with equipment, including scopes. When RCA engineers finally gained access to their lab, they found the prints laid out for the Trident missile system. RCA had an ongoing contract top develop the Trident communications suite at the time of the security leak. The Israeli engineers on DINDI claimed they were from the Israeli Air Force but months later, an RCA engineer was in New York and he ran into the same Israelis, but they were wearing Israeli Navy uniforms. One ex-RCA engineer commented about the DINDI Israeli spies: 'They were all a nice bunch of guys, even when they had their hands in your pockets.'] One RCA contractor for NSA later told WMR that the RCA program manager for DINDI, a Jewish engineer who he only named as "Irv," permitted the Israelis to rummage through NSA and RCA classified information.
With outside contractors now permeating NSA and a major Israeli espionage operation being discovered inside the Pentagon, once again there is a fear within NSA that foreign intelligence services such as the Mossad could make another attempt to penetrate America's virtual 'Fort Knox' of intelligence treasures and secrets.
Thanks to some very patriotic and loyal Americans inside NSA, this author is now in possession of an internal NSA contract document from November 2002 that shows how GROUNDBREAKER and TRAILBLAZER have allowed the Eagle Alliance and other contractors to gain access to and even virtual control over some of the most sensitive systems within the U.S. intelligence community. One suspect in this unchecked outsourcing is the person [then-NSA director Michael Hayden] hired from the outside to act as Special Adviser to his Executive Leadership Team, Beverly Wright, who had been the Chief Financial Officer for Legg Mason Wood Walker in Baltimore. Before that, Wright had been the Chief Financial Officer for Alex Brown, the investment firm at which George W. Bush's grandfather, Prescott Bush, once served as a board member. As one senior NSA official sarcastically put it, 'She's highly qualified to work in intelligence!'
According to the document, the future of some 10,000 Windows NT and UNIX workstations and servers that handle some of NSA's most sensitive signals intelligence (SIGINT) (the Signals Intelligence Directorate workstation upgrade is code named BEANSTALK) and electronics intelligence (ELINT) applications, including databases that contain communications intercepts, are now firmly in the grasp of the Eagle Alliance. Operational workstations are being migrated to a less-than-reliable Windows/Intel or 'WINTEL' environment. The document boldly calls for the Eagle Alliance to establish a SIGINT Service Applications Office (SASO) to 'provide and maintain Information Technology services, tools, and capabilities for all [emphasis added] SIGINT mission applications at the NSA.' This is a far cry from the non-operational administrative support functions originally specified in the GROUNDBREAKER contract.
The document also calls for NSA to provide extremely sensitive information on SIGINT users to the contractors: 'Identification of target sets of users in order to successfully coordinate with the Eagle Alliance modernization program.' The Eagle Alliance is involved in a number of systems that impact on other members of the U.S. intelligence community, foreign SIGINT partners, and national command authorities. These systems include INTELINK, Common Remoted Systems, National SIGINT Requirements Process, Overhead Tasking Distribution, RSOC (Regional SIGINT Operations Center) Monitoring Tool, RSOC Modeling Tool, Speech Activity Detection, Network Analysis Tools, Network Reconstruction Tools, Advanced Speech Processing Services, Automatic Message Handling System, CRITIC Alert, Cross Agency Multimedia Database Querying, Message Format Converter, Central Strategic Processing and Reporting, Collection Knowledge Base, Language Knowledge Base and Capabilities, K2000 Advanced ELINT Signals, Speech Content Services, Speech Information Extraction, Dominant Facsimile Processing System and DEFSMAC Support, Data Delivery (TINMAN), High Frequency Direction Finding (HFDF) Database, Satellite database, Protocol Analysis Terminal, Global Numbering Database, Intercept Tasking Databases, DEFSMAC Space Systems Utilities, Message Server, Extended Tether Program, Language Knowledge Services, Trend Analysis in Data Streams, Signal Related Database, SANDKEY Support (SIGINT Analysis and Reporting), and the SIGINT interception database ANCHORY and the ELINT database WRANGLER. In fact, the document states that the contractors' plans foresee the inclusion of NSA's intelligence community partners (foreign and domestic) in the contractors' revamping of NSA's operational systems.
The servers include those that support mission-critical National Time Sensitive Systems (NTSS). These National Time Sensitive System servers have been assigned various cover terms:
A number of SIGINT applications are also impacted by the outsourcing mania. They are also assigned cover terms:
GALE-LITE (the primary owner of which is DIA)
SIGDASYS FILE II, III, and KL
In fact, the document indicates that literally hundreds of NSA intelligence applications are now subject to the whims of outside contractors. These systems include
VIEWEXCHANGE, VEILED DATABASE, VEILED FORTHCOMING, VENTURER II, VICTORY DAEMON, VINTAGE HARVEST, VIOLATION, VISIONARY, VISIONQUEST, VOICECAST, VOICESAIL, VOIP SEED
WARGODDESS, WARSTOCK, WATCHOUT, WAXFLOWER, WAYLAND, WEALTHYCLUSTER, WEBSPINNER, WEBSPINNER -- ACCESS TO DBS, WESTRICK, WHARFMAN II, WHITE SEA, WHIRLPOOL, WHITE SHARK, WHITE SWORD, WHITESAIL, WHITEWASH, WILDFIRE, WINDSHIELD, WINTERFEED, WIREDART, WIREWEED, WORLDWIDE, WIZARDRY, WOLFPACK, WRAPUP
ZENTOOLS, ZIGZAG, and ZIRCON
Hayden was later "rewarded" for his actions at NSA by being named the first deputy director for the Directorate of National Intelligence (DNI) and, later, director of the Central Intelligence Agency. After retiring, Hayden began working for former Department of Homeland Security Secretary Michael Chertoff, who has also been alleged to have close contacts with Israeli intelligence, at Chertoff Associates.
A journalist who previously covered the Justice Department for a major wire service told WMR that FBI agents and Justice Department prosecutors are dissuaded from investigating spies for Israel since it is known to be a "career killer" at both agencies. Moreover, Justice prosecutors have two sets of guidelines when it comes to prosecuting spies. One set calls for maximum treatment, including major criminal charges and heavy prison sentences and fines, for American spies who are charged with spying for Russia, China, Cuba, or Iran, and the lightest charges and penalties for those charged with spying for Israel, especially if they are Jewish.
There is much more to the Obama administration's indictment on April 15 of former NSA senior executive Thomas Drake by the US Attorney for Maryland, Rod Rosenstein, a Bush holdover who has brought similar politically-motivated criminal charges against other NSA personnel. Drake is charged with ten criminal counts, including leaking classified information to a newspaper. WMR can confirm the paper is The Wall Street Journal and the reporter at the Journal who received Drake's information is Siobhan Gorman, who was also subject to electronic surveillance by the NSA and FBI while she was with the Journal and previously, The Baltimore Sun. Other charges brought against Drake, who continued to work for the NSA as a contractor after stepping down as an NSA executive, include obstruction of justice and making false statements to a federal law enforcement official.
Since leaving his executive position with the NSA, Drake has served as President and Chief Operating Officer of National Technologies Associates, Inc. of Alexandria, Virginia. The firm has revenues of $50 million and employs 600 people. Before NSA, Drake was an information technology and management consultant with Coastal Research & Technology, Inc. (CRTI).
While at NSA, Drake worked in the Signals Intelligence Division (SID), the group responsible for eavesdropping on foreign communications and, since the advent of warrantless domestic surveillance, domestic U.S. communications, as well.
WMR can report that as part of the Drake investigation, Gorman and the Wall Street Journal were subject to STELLAR WIND, warrantless wiretapping, as late as last year. The surveillance began when Gorman wrote a series of articles between 2006 and 2007 on NSA contracting cost overruns and mismanagement, information that was first reported by WMR in 2005.
From WMR, May 27, 2005: Up to now, little has been reported on how the Bush administration’s disastrous intelligence policies have affected the super secret National Security Agency (NSA). According to NSA insiders, the chief U.S. signals intelligence (SIGINT) collection agency has been wracked by much of the same internal feuding, senior management failures, and external political pressure that have plagued other U.S. intelligence agencies, including the CIA, FBI, Defense Intelligence Agency, National Geo-spatial Intelligence Agency, and National Reconnaissance Office.Drake's prosecution by the Obama administration represents a continuation of a "witch hunt" by NSA and its Stasi-like Security unit, the "Q Group," to plug all leaks from the signals intelligence and cyber-warfare agency even if the information provided to the media concerns criminal conduct like contract fraud, sexual misconduct, illegal surveillance of American citizens, and illegal "sneak an peek" break-ins of the homes of NSA employees and contractors by NSA Q Group personnel and FBI agents.
NSA insiders lay blame for the problems at NSA’s Fort Meade, Maryland headquarters squarely on the shoulders of agency Director Air Force General Michael V. Hayden and his small coterie of close advisers, a few of whom have no substantive intelligence background. Hayden has been NSA Director since March 1999, the longest tour for any NSA Director. Not only did the White House extend Hayden’s NSA tour, but also nominated him to be the first Deputy Director of National Intelligence, where he will serve under John Negroponte.
Hayden’s reign at NSA has been marked by the emaciation of the career civilian corps through forced retirements and resignations, outsourcing of government positions to contractors, intimidation, forced psychiatric and psychological examinations for "problem" employees, increased workloads for shift personnel with no personnel augmentation, unreasonable personal searches by security personnel, and withholding salary increases for career personnel. A number of NSA employees are suffering from stress and fatigue and that is adversely affecting their job performance.
One of the most pervasive operational problems at NSA stems from the fact that when newly trained civilian and military linguists, analysts, and other operational personnel arrive at NSA for duty and are integrated into various operational work centers, they are soon quickly transferred to Iraq. This puts an inordinate workload on the career civilian NSA personnel . . .
Career NSA personnel claim that their most senior member, Deputy Director of NSA William B. Black, Jr., shows little interest in their plight. One long-time NSAer said Black often nods off at Hayden’s staff meetings. In 2000, Black, a retired NSA employee with 38 years of service, was rehired by Hayden from Science Applications International Corporation (SAIC) to be his deputy. Hayden’s selection of Black from outside the agency was considered a slap in the faces of those line NSA officers who would have been normally considered next in line for promotion to the much-coveted post. That slight began to severely affect agency morale a little over a year before the September 11, 2001 terrorist attacks on New York and Washington.
After 911 and subsequent revelations that NSA had intercepted two Arabic language phone calls on September 10, 2001 ("Tomorrow is zero hour" and "The match is about to begin") that indicated an imminent attack by Al Qaeda but failed to translate and analyze them in a timely manner to be effective, Hayden was looking for scapegoats. According to NSA insiders, he found one in Maureen A. Baginski, the Director of NSA’s Signals Intelligence (SIGINT) Directorate. According to the NSA insiders, Baginski, a 27-year NSA veteran and Russian and Spanish linguist, was set up for a fall by Hayden and his team. In 2003, Baginski was named Executive Assistant Director of the FBI for Intelligence. According to NSA sources, it was Baginski who carried out Hayden's directives that farmed out many Fort Meade functions to other facilities. Another Hayden project, "Groundbreaker," the outsourcing of NSA functions to contractors, has also been used by Hayden’s advisers to assign blame for the 911 failures at NSA. According to NSA insiders, Groundbreaker has been a failure . . .
Another one of Hayden's projects that has been criticized by the NSA rank-and-file is "Trailblazer," the program to modernize NSA's SIGINT systems. For example, operators in U.S. electronic warfare aircraft rely on NSA to provide accurate electronic intelligence (ELINT) data in order to program their radar warning receivers and jamming pods. However, NSA data, provided from two databases known as EPL (Emitter Parameter List) and "Kilting." 70 percent of NSA's ELINT data is 30 years old. NSA management has forced field operators to use raw ELINT intercept data, culled from a database called "Wrangler," to program their ELINT systems. NSA operations and software engineers believe this function should be handled by NSA and not the "warfighters." Updated ELINT data is handled by ELINT Technical Reports or "ELTs." In 2003, the year the Iraq war started, there were 938 ELTs submitted on new emitter data. However, there were only 200 updates made to the ELINT databases.
The failure to update the ELINT databases may have had disastrous consequences in Iraq. For example, EPL and Kilting do not contain data on air traffic control radars and microwave communications links. Because current ELINT systems cannot differentiate between commercial signals and hostile target tracking emitters, U.S. forces in Iraq have launched attacks on non-threat targets in the belief they were hostile. NSA sources report that many of the cases of fratricide in Iraq has been due to faulty or old ELINT data. For example, the failure by NSA to update ELINT data and provide emitter parameter data to warfighting units led to the accidental shootdown by a Patriot missile of a British Royal Air Force Tornado fighter in March 2003 near the Iraqi-Kuwaiti border at the outset of the Iraq campaign. Two British crew members were killed. The ELINT data used by the Patriot misidentified the Tornado as an enemy missile and the U.S. Army blamed the British crew for the mistake, claiming they failed to switch on its Identification Friend or Foe (IFF) equipment. NSA insiders claim that allegation was false. They claim that "blue signals" (friendly) are not adequately included in the emitter data sent to field units by NSA and that claims by the Pentagon that the Tornado was shot down due to pilot error were false.
In other incidents, the radar warning receivers (RWRs) on U.S. F-16s flying over Iraq have either evaded or fired AMRAAM (Advanced Medium-Range, Air-to-Air) missiles on microwave communications towers because the microwave signals were identified as threat emitters from hostile aircraft. U.S. jammers are also adversely affected by the failure to update ELINT data.
In fact, many of NSA's developmental ELINT systems, with cover names like Beikao, Boomvang, Canyondust, Cape Lookout, Chartvein, Eagle Reach, Galaxydust, Harpstring, Hokusai, Irish Den, Jetavator, Monocle, Needleice, Platoonwolf, Quadrunner, Radiant Spruce II, Roman Alliance, Seadiver, Shadowboxer, Sharkbite, Shiloh, Starquake, Stouthearted,and Sunbeaver are not found in the master NSA ELINT project database, which also has a cover name: Brasscoin.
Many of NSA's other SIGINT systems are in the same conundrum. Rather than simplify and modernize NSA's SIGINT development and deployment, Trailblazer has done nothing to modernize or cut acquisition costs. In a suspicious move by NSA, the Trailblazer contract was sole-sourced to SAIC, the firm from which Hayden hired his deputy director. As with Groundbreaker, Trailblazer's contractors consist of a team led by a prime contractor. Trailblazer's team overlaps with Groundbreaker -- companies like CSC and Northrop Grumman are also found on the Trailblazer team. Booz Allen Hamilton and Boeing are also on the SAIC team. According to NSA officers, one SAIC official left the firm to work for Hayden at NSA during the time the Trailblazer bidding process was underway. The individual then returned to SAIC as a senior vice president, according to NSA sources. NSA employees, upset about the control that SAIC now has over the agency, refer to NSA as "NSAIC." . . .
At his Senate Select Intelligence Committee nomination hearing for Deputy Director of National Intelligence, Hayden confirmed that Trailblazer was over budget and behind schedule. He told the committee that Trailblazer's "cost was greater than anticipated in the tune, I would say, in hundreds of millions." Hayden confirmed the report of the joint congressional committee that probed the 911 intelligence failures that Trailblazer was several years behind schedule. NSA sources claim that Trailblazer is at least five years behind schedule and $600 million over budget.
However, the career NSA operational personnel may be getting squeezed not so much for policy and management differences but because of what they know about the lies of the Bush administration. In addition to the obvious lies about Iraqi WMDs, many personnel are well aware that what occurred on the morning of 911 was not exactly what was reported by the White House. For example, President Bush spoke of the heroic actions of the passengers and crew aboard United Flight 93 over rural Pennsylvania on the morning of 911. However, NSA personnel on duty at the NSOC that morning have a very different perspective. Before Flight 93 crashed in Pennsylvania, NSA operations personnel clearly heard on the intercom system monitoring military and civilian communications that the "fighters are engaged" with the doomed United aircraft. NSOC personnel were then quickly dismissed from the tactical area of the NSOC where the intercom system was located leaving only a few senior personnel in place. NSA personnel are well aware that Secretary of Defense Donald Rumsfeld did not "misspeak" when, addressing U.S. troops in Baghdad during Christmas last year, said, "the people who attacked the United States in New York, shot down the plane over Pennsylvania." They believe the White House concocted the "passengers-bring-down-plane" story for propaganda value.
Morale at NSA has plummeted from repeated cover-ups of serious breaches of security by senior officials. While rank-and-file employees are subjected to abusive psychological and psychiatric evaluations for disagreeing with summary intelligence reports provided to outside users or "consumers" and even for more mundane matters, others are given a pass. Ironically, one of the psychiatrists used by NSA to evaluate problem or disgruntled employees was recently found by police to be growing marijuana at his home in Crofton, Maryland.
In 2008, NSA and FBI surveillance of current and former NSA and Justice Department employees who were suspected of leaking information to the press about the NSA's super-classified STELLAR WIND warrantless digital surveillance program, called the "Terrorist Surveillance Program" by the Justice Department, was stepped up.
On March 10, 2008, Gorman wrote an article for the Journal titled, "NSA's Domestic Spying Grows As Agency Sweeps Up Data." Gorman wrote:
"According to current and former intelligence officials, the spy agency now monitors huge volumes of records of domestic emails and Internet searches as well as bank transfers, credit-card transactions, travel and telephone records. The NSA receives this so-called 'transactional' data from other agencies or private companies, and its sophisticated software programs analyze the various transactions for suspicious patterns. Then they spit out leads to be explored by counterterrorism programs across the U.S. government, such as the NSA's own Terrorist Surveillance Program, formed to intercept phone calls and emails between the U.S. and overseas without a judge's approval when a link to al Qaeda is suspected."
The previous year, as WMR reported in May 12, 2009, former Justice Department prosecutor Thomas Tamm's home was invaded by a SWAT team of federal agents:
In 2007, Tamm's home in Potomac, Maryland was raided by zealous FBI agents who suspected him of leaking details of the so-called "Terrorist Surveillance Program" (TSP) to journalists. Tamm tried to inform Congress about the illegal program but was rebuffed by, among others, the ranking Democrat on the House Judiciary Committee, Representative John Conyers (D-MI).
At the time of its inception after 9/11, the TSP or as NSA and the Oval Office referred to it, "Stellar Wind," was so classified that only the Attorney General and one other person in the Justice Department knew about it. The TSP totally bypassed the Foreign Intelligence Surveillance Act (FISA) warrants that the OIPR prepared for approval by the Foreign Intelligence Surveillance Court (FISC). U.S. Judge James Robertson was so incensed about the bypassing of the FISC, he resigned from it in protest on December 20, 2005. U.S. Judge Royce Lamberth, nominated by President Ronald Reagan and who served as Presiding Judge of the FISC until 2002, was also adamantly opposed to TSP and its systematic bypassing of his court.
WMR's report continued: Tamm was also the first person within Justice who corroborated what NSA personnel were reporting about the agency conducting illegal data mining. One of those individuals was NSA employee Russell Tice, who was also subjected to an FBI investigation and government harassment.
Although the government employees who brought attention to the high-level criminality involving the TSP/Stellar Wind were and, in some cases like that of Tamm, are still being investigated, no criminal investigations were brought against the telecommunications companies that participated in the criminal conspiracy to spy on Americans illegally. In fact, Congress gave the telecommunications firms immunity from lawsuits and prosecution as a result of a deal worked out with the Bush administration. One of those senators who voted for the immunity deal is Barack Obama.
After the FBI conducted interviews of all OIPR employees in their quest for the leaker, on August 1, 2007, 12 government vehicles pulled in front of Tamm's home in Potomac, Maryland. Eighteen armed federal agents wearing body armor stormed into Tamm's home while his wife was cooking breakfast. Tamm was removed from his home by the agents who spent seven hours going through his and his family's property. The FBI agents even asked Tamm if there were any "secret rooms" in his house. They also inquired about any weapons in the house and whether he had been visited at home by reporters from The New York Times.
The agents tore through every room, awakening Tamm's son and daughter. The agents seized all the lap top computers, including those of Tamm's children, and a 10-year old lap top. Also seized were the Tamm family's Christmas card list and a calendar with doctors appointments.
After two days, Tamm was offered a deal that he could plead guilty to a felony in return for his testifying against journalists, including the New York Times' James Risen, and their sources at the NSA. Three days later Michael Isikoff of Newsweek phoned Tamm -- someone had leaked information about the FBI raid to Isikoff. Tamm's identity as a source about the TSP was revealed by Isikoff in the December 22, 2008, issue of Newsweek.
In 2008, one of WMR's sources discovered that his home had been broken into and anything that could store digital data had been stolen: laptops, digital cameras, USB thumb drives, etc. Moreover, relatives of the individual discovered that the lock to their home had been drilled out in what was an obvious "black bag" sneak and peel operation.
That same year, this editor discovered that the lock to his apartment door at Potomac Towers in Arlington, Virginia had been drilled out by a circular saw drill bit that drilled around the lock cylinder. When the apartment maintenance man was called to check the lock, he discovered the fragments of the lock pins scattered on the floor at the base of the door. He stated at the time that he had never experienced anything like it in the past.
FBI and NSA surveillance of people affiliated with NSA continued through last week, with this editor and one of his sources being tailed in 2009 in the suburban Maryland suburbs of Washington, DC and an additional tail of a source being conducted last week in Annapolis, Maryland.
The indictment of Drake in reminiscent of the case brought against former NSA signals intelligence (SIGINT) analyst Ken Ford, Jr. in 2006. In March 2006, Ford was sentenced to six years in prison in a case replete with prosecutorial and judicial misconduct by Rosenstein, Assistant US Attorney David Salem, and US Judge Peter Messitte. On April 30, 2007, WMR reported: "Ford was set up in a clumsy Justice Department, FBI, and NSA Security Division operation to punish him for his May 2003 signals intelligence (SIGINT) analysis report that concluded, based on intercepts of Iraqi communications, there was no truth to the Bush administration’s claim that there were weapons of mass destruction in Iraq. Ford’s report, with his name and that of his supervisor on it, ended up on Vice President Dick Cheney’s desk. From that time on, Ford was a marked man for the neo-con cabal operating within the White House, Justice Department, Pentagon, and US Intelligence Community senior staff."
At one point during Ford's trial, Messitte called Ford to his bench and asked him if he had spoken to this editor. Ford replied that he had not, whereupon Messitte asked, "Is Mr. Madsen in the court room?" I was not present at the time but I was later told by an informed source that Messitte was prepared to call me to the stand to be asked about the sources of my stories on the case. Such a development would have required me to invoke my First Amendment rights, as the press is the only occupation identified by name in the Bill of Rights as being protected. There was a risk of a contempt ruling and possible federal prison had I been present during Messitte's "kangaroo court" proceedings.
Ford continues to serve his six year sentence at Lewisburg federal prison in Pennsylvania. Attorney General Eric Holder was sent a letter by Ford's parents on November 18, 2009, calling for the appointment of a special prosecutor in the case against their son. To date, Holder has not responded to the letter.
The letter follows:
November 18, 2009
SENT CERTIFIED MAIL / E-MAIL / FACSIMILE
Honorable Eric H. Holder. Jr.
Attorney General of the United States
Honorable David W. Ogden
Deputy Attorney General of the United States
950 Pennsylvania Avenue, N.W.
Washington, D.C. 2053 0-0001
United States v. Kenneth Wayne Ford. Jr.
Criminal Case No(s): 04-cr-l l8JKS, 05-cr-0098PJM and 05-cr-0235PJM
Messrs. Holder and Ogden:
In the interest of justice, we, the parents of Kenneth Wayne Ford, Jr., ("hereafter Mr. Ford") request an immediate appointment of Special Counsel to investigate unwarranted prosecutorial misconduct, vehement malicious persecution and prosecution of Mr. Ford under the Espionage Act §793 (e) - Gathering, Transmitting or Losing Defense Information. On Wednesday, September 23,2009, President Obama mandated that DOJ establishes New State Secrets Policies and Procedures.1
President Obama's implementation of State Secrets and Policies encompasses matters in this case. Prosecutors knowingly and willfully engaged in conduct involving dishonesty, fraud, deceit and misrepresentation throughout this case and trial. Mr. Ford was convicted under 793(e) - Espionage and 1801 - Making A False Statement On A Government Form. Mr. Ford was sentenced to 6 years in prison for Count 1 and 3 years in prison, to be served concurrently with Count 1, for Count 2. After imprisonment, Mr.
1 “It sets out clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible...” Attorney General Eric Holder September 23, 2009
Ford is to be on probation for 3 years. He also was ordered to pay a $200.00 assessment. Mr. Ford began serving this unjust prison sentence on May 16. 2006. He has been in prison for over 3 years and 6 months for doing absolutely nothing, except being a patriotic American and a good person.
Not only is Mr. Ford innocent, but nothing happened. This case is totally fabricated by the FBI and all involved, specifically the prosecutors and judge know it. Mr. Ford is a victim of a hate crime, a malicious prosecution and a tragic rush to jail an innocent man. See North Carolina v. Seligmann 06-cr-4332-33 (Dismissed 4/712007), Franks v. Delaware, 438 U.S. 154 (1978) and Brady v. Maryland, 373 U.S. 83 (1963). These cases demonstrate that 'false' arrest can happen to anyone - as in the matter of distinguished Harvard professor Henry Louis Gates, Jr., one of the nation's pre-eminent African-American scholars, falsely arrested in his own home.
A. Prosecutors Willfully Withheld Exculpatory Evidence From Defense
DOJ prosecutors repeatedly invoked state secret privileges, suppressed evidence as classified and deliberately withheld from Mr. Ford's defense exculpatory FBI Search Warrant Affidavits for well over 19 months. Ultimately, these search warrant affidavits were suppressed from Mr. Ford's trial. We have recently discovered that these affidavits have never been filed and are not apart of Mr. Ford's official court file.
On December 15, 2005, United States Attorney For The District of Maryland Rod J. Rosenstein and Criminal Division Assistant Attorney General Alice Fisher issued a press release in Mr. Ford's case, which stated in part, that: (Though there was conflicting evidence of what Ford intended to do with the classified information - the jury's verdict demonstrates that it was satisfied that Ford had unauthorized possession of the information". With the admission of Rosenstein that there existed "conflicting evidence" in Mr. Ford's case and the fact that the judge removed the required elements of 'belief... and intent...' from the jury instructions, should have rendered the indictment defective. (See Exhibit A - Rosenstein Press Release dated 12/15/2005)
FBI Special Agents Michael L. Thompson and Frederick C. Marsh both submitted sworn search warrant affidavits to a federal judge alleging that a Tonya Tucker had contacted the NSA to report Ford's alleged espionage. (Ford had known Tucker for 9 weeks - from 11/13/2003 to 1/11/2004 - and decided that she definitely was not his type. He later realized Ms. Tucker is a FBI confidential informant and was placed into his life by Special Agent Michael L. Thompson.) Defense counsel subpoenaed cell phone records of Tonya Tucker from Sprint, which clearly listed the voice call details of Date, Time. Phone Number. Destination, etc. (Tucker's alleged cell phone calls were described in the Thompson affidavit and completely identified in the Marsh affidavit.
From this, we were able to subpoena thru our attorney, her cell phone records.) Sprint records affirmed that Tonya Tucker Did Not contact NSA on January 5.2004. January 9. 2004. January 10. 2004 and January 11, 2004 from her cell phone number 407-616-5683 listed on the Sprint telephone record print-out and on page 5 of 12 of FBI Special Agent Frederick C. Marsh's sworn search warrant affidavit, which he wrote was "in support of the sworn search warrant affidavit" submitted the previous day, to the same judge, by FBI Special Agent Michael L. Thompson.
With the introduction of the subpoenaed cell phone records, it is apparent the Thompson and March search warrant affidavits are perjured and fabricated. Both agents are therefore subject to penalties of perjury. Also. very importantly. the cell phone (It should be noted here that prosecutors told the jury that Ms. Tucker was a friend of Mr. Ford's and simply was a "tipster".) (See Exhibit B - FBI Affidavits and Tonya Tucker's Cell Phone Records)
Mr. Ford, as required by NSA regulations, earlier reported a threatening e-mail sent to him on Tuesday, November 25th2003 at his "AOL" address a month and a half before his arrest. The e-mail was sent by a "Dr. Takiya", who claimed to be a friend of Tonya Tucker. Based on newly discovered evidence on September 1.2009, it was confirmed that Ms. Tucker is the author of the e-mail. Ms. Tucker signed her name onto an internet guest book August 15, 2006 with the e-mail address of Msunique_2@yahoo.com, which is the same e-mail address of the treat letter sent to Kenneth Wayne Ford, Jr. on Tuesday, November 25 .2003.
The e-mail threatened Ford that his security clearances would soon be revoked. She said she knew people at NSA who had clearances just like he did. Ford reported the e-mail the very next day to NSA Head Security Officer Anne Mennis. She ignored the email, not taking it seriously at all.. Ultimately, the admission of the e-mail as exculpatory evidence to Mr. Ford was suppressed from the trial by the judge. (See Exhibit C - Threatening E-Mail / Newly Discovered Evidence).
Newly discovered evidence of a newsletter dated March 31. 2006, states that FBI Special Agent Dave Evans was the lead FBI supervisor in the case against Mr. Ford. The defendant, Mr. Ford, was never aware that FBI Special Agent Dave Evans existed. (We, his parents, discovered this newsletter on the internet in 2008.) FBI Special Agent Evan's newsletter was titled, Maryland Man Sentenced For 'Stealing Secret Documents'. However, indictments alleged that Mr. Ford was charged with 'Unauthorized Possession of National Defense Documents" - not theft of secret documents.
FBI Special Agent Evans also said that: “As it turned out, our tipster was and didn't even make the drive to the airport." Nonetheless, the prosecutors continued to prosecute and incarcerate an innocent man.
FBI Special Agent Evans also stated that: (Our agents ultimately determined ultimately ended up in." Nonetheless, prosecutors indicted and incarcerated Mr. Ford with knowledge that 6'qonflicted evi4ence" existed in this case. (See Exhibit D – FBI Special Agent Dave Evans' Newsletter dated 3/31/2006)
Certainly, the defense has a right to depose and cross-examine the FBI Special Agent who was the lead supervisor in this case. Prosecutors withheld FBI Special Agent Evans from the defense. They also withheld Special Agent Frederick C. Marsh from the defense. The Marsh affidavit was suppressed during the suppression hearing by the judge, Judge Peter J. Messitte, before the trial began on 11/29/2005. Thus, that which brought Mr. Ford into the legal system and ultimately into a federal courtroom for prosecution, was not allowed into the trial. The jury was unaware of the affidavits. (The defense did not get them until 19 months after Mr. Ford’s arrest. Please keep in mind Mr. Ford has been totally under arrest the entire time since 1/11/2004 to the present.) To date, those affidavits have never been filed. They are not listed on the docket page of the case and they are not physically in the court file. It was represented and testified to the jury by DOJ prosecutors and FBI Special Agent Michael L. Thompson that he was the lead agent and only agent assigned to the Ford Case.
B. Even If Papers Had Been Present – The Text of §793 Is Vague And Should Not Have Been Applied In This Case
First, the statutes require that a defendant transmit information relating to the national defense. There are no allegations that Mr. Ford ever transmitted, sold, stole, secreted, purloined, paid for or otherwise obtained classified information inside or outside the government - by any illegal means. Legislative history of $793 makes plain that [Congress was concerned with spying].
The government never charged Mr. Ford with spying, injury to the United States on behalf of a foreign nation or communication to any person not entitled to receive classified information. Due process requires that a criminal statute provide a person of ordinary intelligence fair notice that his contemplated conduct is forbidden. See Thomas v. Davis, 192 F.3d 445,45514n Cir. 1999). If a law is "vague or highly debatable, a defendant - actually or imputably - lacks the requisite intent to violate it." See United States v. Mallas. 7 62 F .2d 36r , 363 14'n cir.1985). criminal prosecution for the violation of an unclear duty itself violates the clear constitutional duty of the government to warn citizens whether particular conduct is legal or illegal. See U.S. v. Rosen and Weissman 05-cr-225.
A statute cannot be construed so as to delegate to prosecutors and juries the "inherently legislative task" of determining what type of possession of national defense information are so reprehensible as to be punished as crimes. See United States v. Kozminski. U.S. 93 1,949 (1988) (rejecting construction of criminal statute that would *delegate to prosecutors and juries the inherently legislative task of determining what type of coercive activities are so morally reprehensible that they should be punished as crimes").
Second, the canon of strict construction of criminal statutes and the rule of lenity ensure fair warning by resolving ambiguity in a criminal statute as to apply it only to conduct clearly covered. Lanier, 520 U.S. at 266. Third, due process bars courts from applying a novel construction of a criminal statute to conduct that neither the statute nor any prior judicial decision has fairly disclosed to be within its scope. Each of these three elements is based on the fact that it must have been reasonably clear the time that the defendant’s conduct was criminal.”
United States Attorney for the District of Maryland Rod Rosenstein confirmed by his own statement that: "Though there was conflicting evidence of what Ford intended to do with the classified information – the jury’s verdict demonstrates that it was satisfied that Ford had unauthorized possession of the information.”
Therefore, one would conclude that it was apparently not 'reasonably clear' that Ford's alleged conduct was criminal. Our son was incarcerated based on “unclear conflicting evidence'. An egregious miscarriage of justice at the highest level is evident throughout this case.
Each of these three manifestations is based on the notion that it must have been "reasonably clear at the time that the defendant's conduct was criminal". Elements applied to Mr. Ford's case affirm that reasonable clarity was severely lacking. Courts have ruled that §793 (d) and (e) apply only to the transmission of tangible information. ln fact, these rulings were the basis of Special Counsel Patrick Fitzgerald's explanation as to why he did not bring charges under the Espionage Act §793 against either the government officials who leaked the name of CIA agent Valerie Plame to the press or the reporters who subsequently reported that name to millions of readers around the world.
The following exculpatory evidence, which would have exonerated our son, was suppressed from the trial and jury: 1) FBI Form 302 Statement by Tonya Tucker (FBI Confidential Informant), 2) Tonya Tucker's threatening e-mail to Mr. Ford and 3) Special Agents Thompson's and Marsh's Search Warrant Affidavits. Special Agent Marsh's affidavit clearly affirmed on January 11, 2004, page 6 of 12 that: “A review of criminal history records reflect that TUCKER has a number of arrests, including arrests for Driving while suspended, Criminal trespassing, Robbery, among others."
Courts have repeatedly ruled that the government may not excuse its presentation of false testimony by claiming that: (a) it did not know, (b) it did not understand what other agencies knew, or (c) it believed the testimony. It cannot use these excuses because they are not the law and the facts do not support them. See Mesarosh. et al v. United States, 352 U.S. I (1956); Giglio v. United States, 405 U.S. 150 (1972); and United States v. Mason, et al., 293 F.3d, 826 (5th Cir.2002). Fourth Amendment violations enumerated in the matter of Franks v. Delaware were repeated violations perpetrated on Kenneth Wayne Ford, Jr. by the United States Department of Justice (DOJ). In the matter of Franks v. Delaware, the Court held that: "Where the defendant makes a substantial preliminary showing that a false statement that a hearing be held at the defendant's request."
Federal prosecutors in Mr. Ford's case willfully applied national security standards of the suppression of evidence and discovery. DOJ prosecutors willfully enforced national security clearances upon defense counsel with full knowledge that DOJ did not obtain mandatory FISA applications and approvals.
Prosecutors ignored strict procedural requirements in accordance to the Foreign Reform Act of 2000"). Prosecutors clearly violated Title VI §603, 605 and 607. This case should never have been prosecuted. Title VI $608 provides, in part, that: "If any provision of this title (including an amendment made by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof. to other persons or circumstances shall not be affected thereby.”
Kenneth Wayne Ford, Jr. is now 38 years old. He is the cream of the crop of young American citizens. He is an African-American and is highly educated. Mr. Ford graduated from DeMatha Catholic High School in Hyattsville, Maryland in 1990. He then went to the University of Miami in Coral Gables, Florida and graduated from there in 1995 with a Bachelor of Business Administration in Management and Organization degree. Mr. Ford served 4 years in the Uniformed Division of the Secret Service, where he received two cash awards in consecutive years for outstanding service. While in the Secret Service, Mr. Ford continued his education and enrolled into Strayer University. To his credit, he graduated in 2001, summa cum laude" earning a Bachelor of Science in Computer Networking degree. Later, Mr. Ford enrolled in the Masters program at Strayer University, earning in 2004, a Master of Science in Information Technology degree.
In 2001, Mr. Ford accepted employment at NSA as a Signals Intelligence Analyst. While employed at NSA, he received a cash award for outstanding service. Later, he was recognized with a large plaque - his name listed, among others, for outstanding work on a particular project. It was disclosed in the trial by a State Department officer that Mr. Ford had security clearances that less than 150 people in the entire country hold. Mr. Ford has worked extremely hard all his life, as he was not born with a silver spoon in his mouth, inherited wealth or privilege. He has spent over 23 years acquiring an education. He would never do anything to jeopardize his life or his accomplishments. After Mr. Ford's conviction, Mr. Lambert, the probation officer assigned to formalize his pre-sentencing report, commented to me (his mother) and included in his report that "Kenneth has not even had a traffic ticket."
D. Case Overview
On Sunday, January 11. 2004. FBI Special Agent Michael L. Thompson and NSA Security Officer Robert McCaslin arrived at Mr. Ford's home at approximately 5:50 p.m. and fabricated that they wanted to talk to him about his former position. Mr. Ford invited them in because he was led to believe they wanted to get his expertise on a work-related situation. About ½ hour later, their attitudes changed and Mr. Ford realized they were unjustly accusing him of espionage. Simultaneously, with these accusations, they began searching his home - 2-I/2 hours before the search warrant arrived. FBI Special Agent Frederick Marsh arrived with a search warrant and about 23 additional agents.
During the course of this ordeal, Mr. Ford was threatened by Special Agent Michael L. Thompson's unnecessary withdrawal of his gun. He was terrorized for 7-1/2hows as the agents rampaged his home. He was not allowed to leave his residence, contact his parents or answer his telephone. He was denied food and water. He was not allowed to use his own bathroom until Thompson took him away from his home -7-1/2 hours later. See Title 18, Part I, Chapter 113C - Torture - "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." (See Exhibit E -Letter by Kenneth W. Ford, Jr. Documenting Events)
E. DOJ Triple Jeopardy Indictments
The government's 1st indictment, and 2nd case number, was filed on 3/4/2005. U.S. District Court Judge Peter J. Messitte dismissed the case without prejudice on 5/162005. The 2nd indictment, and 3rd cse number, dated 5/23/2005, contained the exact charges and language as the ls indictment. The 3rd indictment, which we had no knowledge of until recently, is dated 11/28/2005. The docket indicates that there was a superseding indictment, arraignment and plea of not guilty all on the same day – 11/28/2005. It indicates Mr. Ford appeared before Judge Messitte and gave a plea of 'not guilty' to each of the two counts against him. This is untrue. Mr. Ford never appeared before Judge Messitte or any other judge on 11/28/2005. His trial started the next day, 11/29/2005. It is impossible to appear for an arraignment one day and be tried by jury the very next day.
It should be noted here that on March 30,2006, at the end of Mr. Ford's 2ndsentencing hearing, Judge Messitte dismissed the original indictment. He and Prosecutor Salem signed papers to that effect. Judge Messitte said several times during the trial, Mr. Ford was being prosecuted on the superseding indictment. (Of course, this is impossible.) Apparently, at some point, Judge Messitte and Mr. Salem realized this. Consequently, this dismissal has never been filed, is not in Mr. Ford's court file and is not on the docket. (See Exhibit F - Indictments, Docket Listings of 1//28/2005 Superseding Indictment, Arraignment and Not Guilty Plea and Transcript Page of Dismissal of Original Indictment) Also See $3434 - Presence of Defendant - (Rule) 3
Also, there appears on all three indictments: 'Aiding and Abetting (1S U.S.C. §2)'. Mr. Ford was never charged with this crime. It does not appear anywhere else in the indictment nor was it addressed in the trial to the jury. In addition to the indictments being illegal, these acts make the indictments themselves faulty.
The 1st count was cited under Federal Criminal Code 793(e) - Espionage. FBI Receipt For Property Seized / Form 597 listed all items seized from Mr. Ford's residence. Ironically, there was not one (1) document identified as 'classified papers' prosecutors falsely alleged were taken from Mr. Ford's residence.
At the trial, FBI Special Agent Bridget Bigham, Seizing Agent, testified that she was told to put a classified sticker on a Fed Ex envelope found in a suitcase which belonged to career criminal Tonya Tucker. (The envelope is listed by FBI Special Agent Bigham as #9 on the FBI Form 597.) (See Exhibit G -FBI Form 597) Special Agent 3
3 In United States v. Randall, f 71 F.3d 195,203 (4th Cir. 1999) The Supreme Court ruled that the Fifth Amendment's grand jury guarantee does not permit a defendant to be tried on charges that are not made in the indictment against him, and therefore, 'after an indictment has been returned its charges may not be broadened through amendment except by the grand jury itself. See United States v. Randall, 471 U,S. 130, 143 (1985). See United States v. Brady, 456 U.S. 152; and United States v. Young, 470 U.S. 1, 16 (1985).
Bigham testified she did not look at the papers while in Ford's home. She further testified the alleged papers seized were not photographed in Ford's home as required by procedures, but were photographed days later at an FBI facility. (See Exhibit H - Excerpt of Agent Bigham's Transcript Testimony)
DOJ prosecutors testified during the trial that it did not have any 'surveillance evidence' nor 'any eyewitness accounts' of Mr. Ford allegedly removing classified documents from NSA. Prosecutors should have dismissed all charges against Mr. Ford.
The 2nd count was Title 18 U.S.C. $ 1801 - Making A False Statement On A Government Form. Mr. Ford accepted employment with Lockheed Martin. Prosecutor David Salem had already gotten him fired from Northrop Grumman and after working for 3 weeks at Lockheed Martin, Salem was successful in getting him fired from there also. Ford truthfully provided Lockheed Martin a 1-1/2 page written account of alleged charges against him. At the trial, Judge Messitte allowed Prosecutor Salem to severely redact Ford's written statement. Salem told the judge the statement "prejudiced him". (See Exhibit I - E-Mail Dated 10129/2004 to Lockheed Martin) AUSA David I. Salem and DOJ National Security Division Trial Attorney Mariclaire D. Rourke testified that Mr. Ford backed his pick-up truck to the loading dock and loaded these papers into his truck.
In contradiction of their testimony, Mr. Ford's former NSA supervisor, Ms. Jacqueline Welch ("hereafter Jacqueline W") testified that she in fact had seen Mr. Ford on the day in question - December 19,2003 - standing in the parking lot beside his 'cream-colored 4 door sedan (car)'. Former Counsel on redirect, ascertained whether or not she knew the difference between a 'pick-up truck and a car . She affirmed that she did. Jacqueline W further testified that she never knew Mr. Ford had a pick-up truck. At that point, DOJ's over zealous prosecutors' alleged pick-up truck was referred to as a 'vehicle'. (See Exhibit J - Excerpt of Jacqueline W's Testimony)
Special Agent Michael L. Thompson admitted under oath that there were no fingerprints belonging to Mr. Ford found on any of the thousands of sheets of classified papers allegedly found in Mr. Ford's home. Once again, none of these alleged papers were listed on the FBI's official seized evidence Form 597. (See Exhibit K - Excerpt of FBI Special Agent Michael L. Thompson's Testimony)
Mr. Ford is the only American citizen in the history of the Espionage Act, to be charged, prosecuted and convicted under the statute without meeting the requirements of the statute. The United States Court of Appeals for the 4th Circuit recently upheld the requirements that in order to charge under the Espionage Act of 1917 - §793(e) one has to have the belief that what one is doing will harm the United States and/or help a foreign entity and one must have the intent to harm the United States and/or help a foreign entity. See United States v. Rosen and Weissman,557 F.2d 192 4th Cir.2009).
Judge Peter J. Messitte, during the suppression hearings, willfully discarded the requirement that the government had to prove the “belief” 'element. Judge Messitte, while charging the jury, willfully eliminated the need for the government to prove the element of "intent.”
Under the federal sentencing guidelines, espionage (Federal Criminal Codes §793(d) and (e) cannot be sentenced unless there is the element of transmittal. So, effectively, since a transmittal is a prerequisite for sentencing under §793(e), then without it, there cannot be a charge. The government never alleged Ford transmitted anything. As a matter of fact, NSA Security Officer Robert McCaslin sent a letter to Prosecutor David Salem dated 713112004 saying Ford's electronic equipment at work and at home were analyzed by NSA and were found to be clean. The letter was not allowed into the trial.
Subsequently, the "CIPA" Intelligence Authorization Act for 2001- Title VI §607 - Coordination Requirements Relating to the Prosecution of Cases Involving Classified information was totally ignored by Assistant United States Prosecutor David I. Salem and Dept. of Justice Trial Attorney Mariclaire D. Rourke.
The National Security Procedure Statute 9-90.020, provides that DOJ prosecutors had no authority to make decisions in this case. "CIPA" $607 - $1.1 of Executive Order No. 12958, provides that a Senior Official, the President of the United States, must be notified prior to prosecution. ln this case, that President was former President George W. Bush, Jr. - another statutory mandate ignored and violated in the matter of Kenneth Wayne Ford, Jr. $793(e) 'unauthorized possession' is contradictory to the National Security Act which provides that NSA employees have a life-time obligation and commitment regarding NSA classified documents.
G. Violation of Dept. of Justice Guidelines/National Security Procedures
DOJ's USAM guidelines regarding National Security Procedures §9-90.020 clearly dictates that the authority to conduct prosecutions relating to the national security lies with the Justice. USAM unequivocally states, in part that:
All prosecutions affecting, involving or relating to the national security, and the responsibility for prosecuting criminal offenses, such as conspiracy, perjury and false statements, arising out of offenses related to national security, is assigned to the Assistant Attorney General of the National Security Division or higher authority. See 28 C.F.R. S 0.61 The Counterespionage Section of the National Security Division, under the supervision of the Assistant Attorney General or higher authority, conducts, handles, and supervises prosecutions affecting, involving or relating to the national security." DOJ trial attorney Mariclaire D. Rourke and AUSA David I. Salem did not have authority to prosecute a National Security Espionage case against Kenneth Wayne Ford, Jr.
We recently reviewed Mr. Ford's court file. Although there are a few orders, from 8/2005 to 1112005, appearing in the case file that indicate the Assistant Attorney General was in compliance with that particular order, it is with great concern that we ask you to investigate this. We have no proof or certification that the Assistant Attorney General's alleged involvement with this case was authentic. As in other things involving Mr. Ford's case, we suspect this too is a fabrication.
H. DOJ Violated FISA Court Statutes
FISA Court specifically prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" (which may include American citizens and permanent residents suspected of being engaged in espionage and violating U.S. law on territory under United States control).
FISA allows a federal officer, authorized by the President of the United States acting through the Attorney Gener4l to obtain from a judge appointed by the FISA Court, search warrants and approval of electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information. Mandated strict FISA Court procedures were ignored by the FBI, DOJ Prosecutors and U.S. District Court of Maryland Judge Peter J. Messitte, who is not an appointed FISA Court Judge.
Specifically, FISA requires that where the target of the search or surveillance is a "United States person" - a U.S. Citizen or permanent resident alien - the judge must find that the Executive Branch's certification that a significant purpose of the search or surveillance is to obtain foreign intelligence information is not "clearly erroneous". See 50 U.S.C. §1805 and 1824. Also see Brady v. Maryland, 373 U.S. 33 (1963); Strickler v. Greene, 119 S.T. 1936 (1999).
The elements of violations are: (1) the evidence must be favorable to the accused, either because it exculpates the defendant or because it impeaches the government; (2) the evidence must have been suppressed by the government, either willfully or inadvertently; and (3) prejudice must have been ensued. See Franks v. Delaware, 438 U.S. 154 (1978); See Brady v. Maryland, 373 U.S. 83 (1963); See USA v. Rosen & Weissman 05cr-225 (E.D.Va.)
We are not elected or high level corporate officials. We are "grass roots" people who are honest and hard working. President Obama stated at the 2009 NAACP 100th Anniversary celebration, that: "America is a place where, if you work hard, you can achieve success." A grave injustice has been done to a good American citizen (Kenneth Wayne Ford, Jr.). American citizens rely upon the United States Department of Justice to follow the rule of law.
In good faith, the initiation of a formal procedural investigation and the appointment of a Special prosecutor on behalf of our son, Kenneth Wayne Ford, Jr., is warranted and specifically should include an investigation of prosecutorial misconduct, violations of national security procedures, violations of FISA Court procedures, violations of issues in applying states secrets rules and the willful suppression of exculpatory affidavits and other exculpatory evidence in this case.
We are available at any time that is convenient to you to discuss this case. The elements in this letter by no means cover all the infractions against Mr. Ford. There were just too many illegal things done to put in a letter.
We seek an immediate vacation of Mr. Ford's conviction, full restoration of his revoked clearances and an immediate apology from the Department of Justice (DOJ).
Kenneth W. Ford, Sr.
Gloria D. Ford
l) Exhibit A - Rosenstein Press Release dated December 15, 2005
2) Exhibit B - Affidavits by SA Michael L. Thompson & SA Frederick C. Marsh and Tonya Tucker's Subpoenaed Cell Phone Records
3) Exhibit C - Tonya Tucker's threatening e-mail to Mr. Ford/Newly Discovered Evidence
4) Exhibit D - FBI Special Agent Dave Evans' Newsletter dated 3/31/2006
5) Exhibit E - Letter from Kenneth Wayne Ford, Jr. / Document of Events
6) Exhibit F - DOJ's Double Jeopardy Indictments; Docket of 11/28/2005
Indictment; Transcript Page of Dismissal of Original Indictment
7) Exhibit G - FBI Form 597 (Seized Items) w/ Computerized Listing Of Items
8) Exhibit H - Excerpt of Agent Bridget Bigham's Testimony
9) Exhibit I - E-Mail dated 10/29/2004 from Kenneth W. Ford, Jr. to Lockheed Martin
l0) Exhibit J - Excerpt of NSA Jacqueline Welch's Testimony
1l) Exhibit K - Excerpt of FBI Special Agent Michael L. Thompson's Testimony
President Obama, who prides himself as a constitutional scholar, having taught constitutional law at the University of Chicago, is about to become the subject of a major constitutional case in the indictment of Thomas Drake. Drake was not only exposing high level contract fraud involving two NSA directors -- Generals Michael Hayden and Keith Alexander -- but also allegedly involved a constitutionally-protected entity -- the press -- in making details of the fraud known to the American taxpaying public. Not since Watergate have the American people been subject to runaway surveillance by the NSA and FBI.
Obama, who supported retroactive immunity from prosecution for telecommunications companies that swept up the digital communications of all American after proclaiming he was against it, will be the person on trial in the Drake case. And Obama may very well end up like Richard Nixon if the government does not impose restrictions on the public's right to know through imposition of the draconian Classified Information Procedures Act and the State Secrets Privilege.
As one NSA insider tersely put it: "I truly believe that NSA has some illegally wiretapped information (big-time dirt) on Mr. Obama, and NSA has been using it (via blackmail) against him ever since he flip-flopped on the vote for retroactive immunity for the telecommunication firms that insisted they did nothing illegal when they joined in with the Bush administration in comprehensive, 'sea to shining sea' warrantless wiretapping of all domestic U.S. communications."
WMR's intelligence sources report that the National Security Agency's "Q Group," the directorate responsible for overall security for NSA, is actively investigating and harassing NSA employees who have reported on senior officials at the sprawling intelligence agency, which now includes the new U.S. Cyber Command, of engaging in adulterous trysts with subordinates and possessing improper sexual material, including child pornography.
WMR has previously reported on the improper activities of the Q Group, which has become a virtual uncontrolled FBI within the NSA. Q continues to protect NSA senior officials who engage in and promote a culture of sexual exploitation of junior employees at the intelligence agency. Q Group has also misused NSA psychologists and psychiatrists to deem anyone who charges senior officials of the agency with sexual misconduct or harassment unfit to hold a security clearance for reasons of mental impairment.
On August 28, 2009, WMR reported: "NSA Security, headed up by Kemp Ensor III, and NSA medical worked in tandem to deny security access to employees determined to be mentally unfit to have access to classified information at NSA.
However, due to the attrition of highly-qualified personnel, the security-medical duo is now prescribing Prozac and Zoloft for NSA employees who refuse to fall into line. NSA is abuzz with the new requirement for employees to take what they call "happy pills."
The sexual harassment scene has also reportedly changed at Fort Meade. In the past, sexual harassment at NSA involved older male managers preying on young female employees. That has now changed in what has become an environment of 'do ask and do tell.' WMR has been informed that there is an increase in complaints about sexual harassment from new young male hires about being forced into 'kinky rendezvouses' with older male managers."
Q Group has also gone outside of its legal authority to harass the families and friends of former agency employees who have brought charges against NSA for sexual harassment and misconduct. WMR has learned of NSA personnel illegally masquerading as phone company technicians who entered the property of the family of one such ex-employee. In another case, Q Group personnel poisoned two pet dogs of the family of an ex-employee under NSA surveillance. Q Group personnel have also been used to harass the ex-spouses of senior NSA officials involved in child custody cases. WMR has also been informed that Q Group has harassed NSA employees who have married the ex-wives of NSA senior officials who have ongoing legal battles with their ex-husbands.
Q Group is able to conduct its harassment of civilians in the Fort Meade area with a "wink and a nod" from local law enforcement and other officials. NSA senior managers have dipped into NSA's substantial slush fund to lavish money on community service projects and programs in cash-strapped local municipalities and counties. The concept of the "friendly NSA that provides funds and jobs" has bought loyalty and silence from local and state of Maryland officials. In addition, WMR has learned that NSA has placed agents within the congressional offices of local members of Congress in order to interdict and retaliate against NSA whistleblower congressional complaints. The NSA "embeds," who work in concert with NSA's Office of Legislative Affairs, are found within the offices of Maryland Senators Barbara Mikulski and Ben Cardin, and Maryland Representatives C.A. "Dutch" Ruppersberger, Steny Hoyer, Elijah Cummings, Chris Van Hollen, and Paul Sarbanes, and is currently inserting an agent into the office of freshman Representative Andy Harris.
As discovered in a January 2005, Q Group Personnel Security organizational chart obtained by WMR, Q2 contains an office of counter-intelligence, which WMR has reported has been involved in illegal surveillance of individuals far beyond the NSA infrastructure.
On July 3, 2009, WMR reported: "The Obama administration, rather than lessen the pressure on the NSA personnel, has turned up the heat and is resorting to even more draconian methods to ensure silence. The word from inside NSA is that a state of fear exists and the mission of the agency, to conduct surveillance of foreign communications to provide threat indications and warnings to U.S. troops and policy makers and protect sensitive U.S. government communications from unauthorized eavesdropping is suffering as a result." Our latest information is that the Obama administration is increasing pressure on NSA personnel to deter leaks.
Obama's Justice Department is now actively retroactively pursuing U.S. intelligence community leakers from the time of the Bush administration. Former CIA officer Jeffrey Sterling has been arrested and indicted for revealing information to New York Times reporter James Risen concerning Iran's nuclear program. Former NSA official Thomas Drake has been indicted by the Obama administration for leaking details on NSA contract fraud to reporter Siobhan Gorman of The Wall Street Journal and formerly of theBaltimore Sun. Former State Department analyst Stephen Kim has been charged with leaking top secret information on North Korean nuclear testing to Fox News.
WMR has learned from informed sources that the indictments of Sterling and Drake are just the beginning of the Obama administration's policy to crack down on leaks. With the tenth anniversary of the 9/11 attack coming up this year, the U.S. Intelligence Community, working closely with Mossad, have made plans to stop any new revelations that would point to high-level U.S. and Israeli government involvement in the 9/11 attacks. The Wikileaks affair was partly concocted to draw out and identify as many potential leakers as possible, including US Army Private Bradley Manning, now imprisoned at Quantico, Virginia on suspicions that he leaked classified documents to Wikileaks.
WMR has learned from an NSA source that this editor continues to remain a top priority for NSA electronic surveillance, including phone tapping and e-mail interception. NSA is also monitoring all those who are in communications with this editor via electronic means. WMR has previously reported on this web site's sources and contacts being major targets for NSA surveillance. Just as the latest report of NSA surveillance was received, this editor experienced a second-degree burn with blistering on the right neck and shoulder, usually where my cell phone is placed during conversations. The latest warning about NSA eavesdropping was received on January 8. The burn, that began as what can be described as a bad sunburn, began on the evening of January 6. The contour of the burn mark is oddly similar to the two equal halves of my flip-top telephone, with a white stripe in the middle where the hinge is located.
Second degree burns on right shoulder and neck after latest warning of full-scale NSA surveillance.
WMR's foreign intelligence sources also report that there is an ongoing project by Israeli agents-of-influence in the United States to determine the sources of information on the 9/11 attacks. This project involves in-depth probes by the Israeli agents of retired Pentagon and FBI personnel believed to possess information about the U.S. and Israeli governments' involvement in the attacks. WMR can report that radio show host Alex Jones's information and funding sources are of particular interest to the Israeli cell.
In the trial of former National Security Agency (NSA) executive Thomas Drake, federal prosecutors have convinced an agreeable federal judge, Richard D. Bennett, to place under court seal previously-released trial documents because they have been deemed "For Official Use Only" or FOUO. Drake is accused of leaking classified materials to the media and is only the fourth person in U.S. history to be charged with violating the 1917 Espionage Act.
FOUO is not a national security classification and it never has been one, although there were attempts by the Reagan, George H W Bush, and George W. Bush administrations to create a "restricted" or "sensitive but unclassified" (SBU) national security classification immediately below the current lowest national security classification, which is Confidential. Expansion of national security classification categories beyond the current three -- Top Secret, Secret, and Confidential, in addition to Sensitive Compartmented Information (SCI) special access categories -- but these have been unsuccessful. George W. Bush's creation of a Controlled Unclassified Information (CUI) category was rescinded by Executive Order 13556 on November 4, 2010.
Although President Obama rescinded Bush's CUI presidential memorandum, federal prosecutors are trying to argue that CUI continues to exist as a national security classification under the guise of FOUO. The argument demonstrates a complete lack of understanding of the classification scheme used by NSA. However, in past trials, notable that of NSA analyst Kenneth Ford, Jr., jailed after a political show trial waged by DOJ neocons in league with a "shopped" federal judge. In the Ford case, the NSA wanted to cover up the cooking of signals intelligence from Iraq in order to justify the attack on and occupation of Iraq
However, NSA and Justice Department prosecutors are continuing to insist that FOUO is a security classification in the trial of Drake, however, NSA and DOJ decided to go after Drake because the documents he stands accused of passing to The Baltimore Sunpoints to massive misuse of taxpayer's money and contract fraud under the NSA directorships of retired General Michael Hayden and current director General Keith Alexander. Alexander is also the commander of the U.S. Cyber Command. The fraud committed by Hayden, Alexander, and senior NSA officials amounted to hundreds of millions of dollars in wasteful expenditures. In some cases, the waste on certain contractor-supplied intelligence systems were life threatening, as far as troops on the ground were concerned. The fraudulent contract expenditures were part of NSA's massive TRAILBLAZER and GROUNDBREAKER outsourced modernization and restructuring programs.
On March 18, in response to a request from federal prosecutors, Bennett sealed two documents that were previously available on the court's own website. The documents sealed describe the classified contents of several documents seized at Drake's home, however, the documents appear to be unclassified working papers that the government, after the fact, is trying to argue are classified at the levels of Secret and Top Secret.
Drake's federal public defenders have argued in one of the sealed documents that the government's argument that the documents found in Drake's home in flawed due to the fact that the documents could not be construed as classified at Secret or Top Secret merely because they contain the words "FOUO" and "COMINT." COMINT is communications intelligence and by itself does not mean that the document is classified at "Handle Via COMINT Channels Only," a special handling caveat for SCI special access categories. In fact, the National Cryptologic Museum, which is adjacent to NSA headquarters and open to the public, freely uses "COMINT" in its displays. In addition, the commercial International Spy Museum in downtown Washington, DC has held public seminars on issues dealing with, among other tradecraft, "COMINT."
From the sealed DOJ letter arguing that the documents found in Drake's home are classified, it is clear that NSA, which has played fast and loose with the truth in previous trials and administrative actions against its whistleblowing employees, has tried to re-classify previous unclassified "working papers" as being Secret and Top Secret to bolster its case against Drake.
WMR has previously obtained NSA contractor documents that were deemed by the contractor and NSA, itself, as unclassified and the Drake documents appear to fall within the same category. The unclassified documents that were re-classified as Top Secret and Secret have titles such as "Trial and Testing," "Collections Sites," "Volume is Our Friend," "What a Success," "Regular Meetings," "Shoestring Budget," "BAG," "Buy vs. Make," "TT Notes," "Terrorism Threat," "Note Card 1", "Note Card 2," and more intriguing, "9/11 Commission." WMR previously reported that NSA's security directorate, the "Q Group," has engaged in massive surveillance of employees and journalists, including this editor, to plug any leaks on NSA information on the 9/11 attacks. Bennett, in his ruling on March 18, agreed to NSA's and lead federal prosecutor William Welch II's request that previously unclassified court filings be placed under seal.
While NSA and DOJ seek to convict Drake for having unclassified For Official use Only documents in which the terms "FOUO" and "COMINT" appear, WMR has obtained a similar Unclassified For Official Use Only (FOUO) document written by Computer Sciences Corporation (CSC), one of the major contractors for the fraud-ridden GROUNDBREAKER program. In the document, from which WMR is providing excerpts, there are clearly many more NSA-unique systems and terms described.
Cover terms for classified NSA systems such as HIGHCASTLE, LOOKINGGLASS, MILENIUM, FAST TRACK, ROTUNDPIPER, and BRASSCOIN are listed, along with "SIGINT" or "Signals Intelligence," an NSA mission term comparable to the "COMINT" acronym found in the working papers confiscated from Drake's home.
The CSC document, maintained by CSC contractors and sub-contractors in their cars, briefcases, and homes, were never indicted by the Justice Department on grounds they violated national security. On the other hand, many at NSA feel that companies like CSC, SAIC, Northrop Grumman, Lockheed Martin, and others, should have been indicted for the massive contract fraud carried out under the watches of Hayden and Alexander.
In post-9/11 America, the whistleblowers to fraud, waste, and abuse stand accused of being criminals while the criminals rake in billions of dollars in taxpayers' money and are lauded as critical components of the "intelligence team."
NSA's GROUNDBREAKER and TRAILBLAZER contractors were eager to compile as many NSA systems and sub-systems as possible to cash in on the billions of dollars they could make from the NSA outsourcing work. The database that contained all the NSA systems, projects, and components ripe for outsourcing work was code-named JACKPOT. For CSC, SAIC, and certain NSA officials who spun through the revolving door after retirement and landed high-paying jobs with the contractors, it certainly was a JACKPOT and one that NSA, Q Group, the FBI, Department of Justice, and the White House earnestly want to cover-up in the trial of Thomas Drake.
During Drake's trial, which begins next month in Baltimore, FBI agents are expected to use code words to describe different aspects of the case. One code-word that will most definitely not be heard is JACKPOT, the database of NSA contracts in which contractors and NSA retirees enriched themselves -- criminality that is only met with chirping crickets from the so-called "crime fighting" Department of Justice and FBI.
CBS "60 Minutes" reported on May 22 on former National Security Agency (NSA) official Thomas Drake's charges of high-level corruption and incompetence within the eavesdropping agency.
WMR is re-publishing our report on NSA, which includes a reference to "Thinthread," the first ever report in the media on this system. There is an Israeli espionage angle to the story about Drake, NSA mathematician Bill Binney, NSA analyst J. Kirk Wiebe, NSA computer scientist Ed Loomis, House Intelligence Committee staffer Diane Roark, Justice Department prosecutor Thomas Tamm and NSA espionage against U.S. citizens. "The New Yorker" article by Jane Mayer fails to mention this important element, which may be the real reason for the prosecution of Drake and the prosecution, recently aborted, of Tamm. Because when it comes to Israeli espionage in the United States, it's "see no evil, hear no evil, say no evil."
NSA and selling the nation's prized secrets to contractors
June 1, 2005
On August 1, 2001, just five and a half weeks before the 911 attacks, NSA awarded Computer Sciences Corporation (CSC) a more than $2 billion, ten-year contract known as GROUNDBREAKER. The contract was never popular with NSA's career professionals. Although GROUNDBREAKER was limited to outsourcing NSA's administrative support functions such as telephones, data networks, distributed computing, and enterprise architecture design, the contract soon expanded into the operational areas -- a sphere that had always been carefully restricted to contractors. NSA was once worried about buying commercial-off-the-shelf computer components such as semiconductors because they might contain foreign bugs. NSA manufactured its own computer chips at its own semiconductor factory at Fort Meade. Currently, NSA personnel are concerned that outsourcing mania at Fort Meade will soon involve foreign help desk technical maintenance provided from off-shore locations like India.
CSC had originally gained access to NSA through a "buy in" project called BREAKTHROUGH, a mere $20 million contract awarded in 1998 that permitted CSC to operate and maintain NSA computer systems. When General Michael V. Hayden took over as NSA Director in 1999, the floodgates for outside contractors were opened and a resulting deluge saw most of NSA's support personnel being converted to contractors working for GROUNDBREAKER's Eagle Alliance (nicknamed the "Evil Alliance" by NSA government personnel), a consortium led by CSC. NSA personnel rosters of support personnel, considered protected information, were turned over to Eagle, which then made offers of employment to the affected NSA workers. The Eagle Alliance consists of CSC, Northrop Grumman, General Dynamics, CACI, Omen, Inc., Keane Federal Systems, ACS Defense, BTG, Compaq, Fiber Plus, Superior Communications, TRW (Raytheon), Verizon, and Windemere.
In October 2002, Hayden, who has now been promoted by Bush to be Deputy Director of National Intelligence under John Negroponte, opened NSA up further to contractors. A Digital Network Enterprise (DNE) team led by SAIC won a $280 million, 26 month contract called TRAILBLAZER to develop a demonstration test bed for a new signals intelligence processing and analysis system. SAIC's team members included Booz Allen Hamilton, Boeing, Northrop Grumman, and Eagle Alliance team leader CSC. TRAILBLAZER, according to Hayden's own testimony before the Senate Select Committee on Intelligence, is now behind schedule and over budget to the tune of over $600 million.
But that is not the only consequence of these two mega-contracts for NSA's ability to monitor global communications for the next 911, which could be a terrorist nuclear strike on the United States.
NSA insiders report that both contract teams have melded into one and that NSA's operations are being adversely impacted. From simple tasks like phones being fixed to computers being updated with new software, the Eagle Alliance has been a disaster. The Eagle Alliance and DNE team members are rife with former NSA top officials who are reaping handsome bonuses from the contracts -- and that has many NSA career employees crying conflict of interest and contract fraud.
CACI, called "Colonels and Captains, Inc." by critics who cite the revolving door from the Pentagon to its corporate office suites, counts former NSA Deputy Director Barbara McNamara as a member of its board of directors. CACI alumni include Thomas McDermott, a former NSA Deputy Director for Information Systems Security. Former NSA Director Adm. Mike McConnell is a Senior Vice President of Booz Allen. Former NSA Director General Ken Minihan is President of the Security Affairs Support Association (SASA), an intelligence business development association that includes Boeing, Booz Allen, CACI, CSC, the Eagle Alliance, General Dynamics, Northrop Grumman, Raytheon, SAIC, and Windemere, all GROUNDBREAKER and TRAILBLAZER contractors, among its membership. SASA's board of directors (surprise, surprise) includes CACI's Barbara McNamara. One of SASA's distinguished advisers is none other than General Hayden.
Although contractors are required to have the same high level security clearances as government personnel at NSA, there are close connections between some NSA contractors and countries with hostile intelligence services. For example, CACI's president and CEO visited Israel in early 2004 and received the Albert Einstein Technology Award at ceremony in Jerusalem attended by Likud Party Defense Minister Shaul Mofaz. The special ceremony honoring CACI's president was sponsored by the Aish HaTorah Yeshiva Fund. The ultra-Orthodox United Torah Judaism Party's Jerusalem Mayor, Uri Lupolianski, was also in attendance. According to Lebanon's Daily Star, CACI's president also met with notorious racist Israeli retired General Effie Eitam who advocates expelling Palestinians from their lands. The U.S. delegation also included a number of homeland security officials, politicians, and businessmen. CACI has also received research grants from U.S.-Israeli bi-national foundations. A few months after the award ceremony for CACI's president, the Taguba Report cited two CACI employees as being involved in the prison torture at Abu Ghraib prison in Iraq. The U.S. military commander for the Iraqi prisons, General Janis Karpinski, reported that she witnessed Israeli interrogators working alongside those from CACI and another contractor, Titan.
When the Taguba Report was leaked, the office of Deputy Defense Secretary for Policy Douglas Feith issued an order to Pentagon employees not to download the report from the Internet. Feith is a well-known hard line supporter of Israel's Likud Party and, according to U.S. government insiders, his name has come up in FBI wiretaps of individuals involved in the proliferation of nuclear weapons material to Israel via Turkish (including Turkish Jewish) intermediaries. These wiretaps are the subject of a Federal probe of who compromised a sensitive CIA counter-proliferation global operation that used a carve out company called Brewster Jennings & Associates to penetrate nuclear weapons smuggling networks with tentacles extending from Secaucus, New Jersey to South Africa and Pakistan and Turkey to Israel.
According to the Jewish Telegraph Agency, some six months before the Abu Ghraib torture scandal was first uncovered, one of Feith's assistants, Larry Franklin, met with two officials of the American Israel Public Affairs Committee (AIPAC) at the Tivoli Restaurant in Arlington, Virginia. According to FBI surveillance tapes, Franklin relayed top secret information to Steve Rosen, AIPAC's then policy director, and Keith Weissman, a senior Iran analyst with AIPAC. Franklin has been indicted for passing classified information to AIPAC. In addition, three Israeli citizens have been identified as possible participants in the spy scandal. They are Naor Gilon, the political officer at the Israeli embassy in Washington; Uzi Arad, an analyst with the Institute for Policy and Strategy in Herzliya (the northern Tel Aviv suburb where the headquarters of Mossad is located); and Eran Lerman, a former Mossad official who is now with the American Jewish Committee.
What has some NSA officials worried is that with pro-Israeli neocons now engrained within the CIA, Defense Intelligence Agency (DIA), State Department, and National Security Council, NSA is ripe for penetration by Israeli intelligence. NSA has a troubled past with Israel. In 1967, Israeli warplanes launched a premeditated attack on the NSA surveillance ship, the USS Liberty, killing and wounding a number of U.S. sailors and NSA civilian personnel. Convicted Israeli spy Jonathan Pollard compromised a number of NSA sensitive sources and methods when he provided a garage full of classified documents to Israel. But NSA is also aware of an incident where Israelis used a contractor, RCA, to gain access to yet additional NSA sources and methods. In the 1980s, against the wishes of NSA, the Reagan administration forced NSA to permit RCA, one of its major contractors, to develop a tethered aerostat (balloon) signals intelligence and direction finding system for the Israeli Defense Force. According to NSA officials, the Israeli-NSA joint project, codenamed DINDI, was established at a separate facility in Mount Laurel, New Jersey and apart from the main NSA developmental center at RCA's facility in Camden, New Jersey. Although NSA and RCA set up a strict firewall between the contractor's national intelligence contract work and the separate DINDI contract, Israeli engineers, who were working for Mossad, soon broke down the security firewall with the assistance of a few American Jewish engineers assigned to the DINDI project. The security breach resulted in a number of national intelligence developmental systems being compromised to the Israelis, including those code named PIEREX, MAROON ARCHER, and MAROON SHIELD. DINDI was quickly cancelled but due to the sensitivity surrounding the American Jewish engineers, the Reagan Justice Department avoided bringing espionage charges. There were some forced retirements and transfers, but little more. But for NSA, the duplicity of the Israelis added to the enmity between Fort Meade and Israeli intelligence.
With outside contractors now permeating NSA and a major Israeli espionage operation being discovered inside the Pentagon, once again there is a fear within NSA that foreign intelligence services such as the Mossad could make another attempt to penetrate America's virtual "Fort Knox" of intelligence treasures and secrets.
Thanks to some very patriotic and loyal Americans inside NSA, this author is now in possession of an internal NSA contract document from November 2002 that shows how GROUNDBREAKER and TRAILBLAZER have allowed the Eagle Alliance and other contractors to gain access to and even virtual control over some of the most sensitive systems within the U.S. intelligence community. One suspect in this unchecked outsourcing is the person Hayden hired from the outside to act as Special Adviser to his Executive Leadership Team, Beverly Wright, who had been the Chief Financial Officer for Legg Mason Wood Walker in Baltimore. Before that, Wright had been the Chief Financial Officer for Alex Brown, the investment firm at which George W. Bush's grandfather, Prescott Bush, once served as a board member. As one senior NSA official sarcastically put it, "She's highly qualified to work in intelligence!"
According to the document, the future of some 10,000 Windows NT and UNIX workstations and servers that handle some of NSA's most sensitive signals intelligence (SIGINT) (the Signals Intelligence Directorate workstation upgrade is code named BEANSTALK) and electronics intelligence (ELINT) applications, including databases that contain communications intercepts, are now firmly in the grasp of the Eagle Alliance. Operational workstations are being migrated to a less-than-reliable Windows/Intel or "WINTEL" environment. The document boldly calls for the Eagle Alliance to establish a SIGINT Service Applications Office (SASO) to "provide and maintain Information Technology services, tools, and capabilities for all [emphasis added] SIGINT mission applications at the NSA." This is a far cry from the non-operational administrative support functions originally specified in the GROUNDBREAKER contract.
The document also calls for NSA to provide extremely sensitive information on SIGINT users to the contractors: "Identification of target sets of users in order to successfully coordinate with the Eagle Alliance modernization program." The Eagle Alliance is involved in a number of systems that impact on other members of the U.S. intelligence community, foreign SIGINT partners, and national command authorities. These systems include INTELINK, Common Remoted Systems, National SIGINT Requirements Process, Overhead Tasking Distribution, RSOC (Regional SIGINT Operations Center) Monitoring Tool, RSOC Modeling Tool, Speech Activity Detection, Network Analysis Tools, Network Reconstruction Tools, Advanced Speech Processing Services, Automatic Message Handling System, CRITIC Alert, Cross Agency Multimedia Database Querying, Message Format Converter, Central Strategic Processing and Reporting, Collection Knowledge Base, Language Knowledge Base and Capabilities, K2000 Advanced ELINT Signals, Speech Content Services, Speech Information Extraction, Dominant Facsimile Processing System and DEFSMAC Support, Data Delivery (TINMAN), High Frequency Direction Finding (HFDF) Database, Satellite database, Protocol Analysis Terminal, Global Numbering Database, Intercept Tasking Databases, DEFSMAC Space Systems Utilities, Message Server, Extended Tether Program, Language Knowledge Services, Trend Analysis in Data Streams, Signal Related Database, SANDKEY Support (SIGINT Analysis and Reporting), and the SIGINT interception database ANCHORY and the ELINT database WRANGLER. In fact, the document states that the contractors' plans foresee the inclusion of NSA's intelligence community partners (foreign and domestic) in the contractors' revamping of NSA's operational systems.
The servers include those that support mission-critical National Time Sensitive Systems (NTSS). These National Time Sensitive System servers have been assigned various cover terms:
A number of SIGINT applications are also impacted by the outsourcing mania. They are also assigned cover terms:
GALE-LITE (the primary owner of which is DIA)
SIGDASYS FILE II, III, and KL
In fact, the document indicates that literally hundreds of NSA intelligence applications are now subject to the whims of outside contractors. These systems include
On June 15, U.S. federal judge Richard B. Bennett sharply rebuked federal prosecutors for pursuing a four-year Espionage Act violation investigation and case against former National Security Agency (NSA) official Thomas Drake. At Drake's sentencing hearing in Baltimore, Bennett called the four-year long case against Drake and the prosecutors' ultimate dropping of multiple espionage charges to a single misdemeanor count of unauthorized use of a government computer "unconscionable."
Drake had been charged with providing classified information to the Baltimore Sun in 2006 and 2007. He was specifically charged with violation of sub-paragraphs (d) and (e) of the Espionage Act, which covers "transmittal" of classified information to unauthorized parties. Charges under the 1917 Espionage Act have rarely been brought by the Justice Department. The law was used against American Israel Public Affairs Committee (AIPAC) officials Steve Rosen and Kenneth Weissman for receiving highly-classified information, including Sensitive Compartmented Information (SCI), from a Pentagon official. Charges against Rosen and Weissman were dropped by Eric Holder's Justice Department on May 1, 2009.
However, the "classified material" cited by prosecutors was not originally classified and it pertained to NSA officials, particuarly then-NSA director General Michael Hayden, defrauding the government for well over a billion dollars. Hayden and his advisers awarded a failed program called Project TRAILBLAZER to a group of contractors led by Science Applications International Corporation (SAIC).
The prosecutors, acting as virtual criminal racket protection agents for Hayden and his advisers, decided to retroactively classify the unclassified whistleblowing information in order to justify the Espionage Act charges against Drake. Hayden's pet project also assisted in the program to conduct warrantless wiretapping of communications of U.S. citizens, a super-classified operation known by the code name STELLAR WIND.
Drake avoided prison and Bennett ruled against federal prosecutor's wish to have a $50,000 fine imposed on Drake. In sentencing Drake to 240 hours of community service, Bennett said "There has been financial devastation wrought upon this defendant that far exceeds any fine that can be imposed by me. And I’m not going to add to that in any way.”
Drake was represented by two federal public defenders, James Wyda and Deborah Boardman. Drake's case began to fall party after it was featured on CBS "60 Minutes." Retired NSA officials, interviewed on camera, defended Drake and his whistleblowing actions. After the bad publicity for NSA and Eric Holder's Justice Department, the espionage charges against Drake were dropped.
Five years earlier, in another federal court room in Greenbelt, Maryland, and in a case even more egregious than the one involving Drake, federal judge Peter J. Messitte sentenced former NSA "Iraqi shop" signals intelligence analyst Ken Ford Jr., to six years in prison and no fine as a result of his politically-motivated conviction for allegedly removing two boxes of classified materials from NSA during broad daylight without detection. In fact, the documents were planted in Ford's Waldorf, Maryland home in retaliation for his signals intelligence analysis report casting doubt on the White House contention that Iraq possessed weapons of mass destruction. That report, which contained Ford's name as the preparer, eventually ended up on the desk of Vice President Dick Cheney. As a result, Ford became a target of the neo-con cell operating from within Cheney's office and the White House Iraq Group (WHIG), the same cabal that compromised Valerie Plame Wilson's covert identity and mission.
The team of Assistant U.S. Attorney David Salem; federal public defenders John Chamble, Andrea Callaman, and Susan Bauer; and even the private lawyer eventually retained by Ford, conspired to ensure that Messitte was successfully "judge shopped" as the trial attorney, that at least one dubious pro-NSA jury member was selected for the trial jury, and that Ford would receive anything but a fair trial. Unlike Drake, Ford served in a lower-level analyst position. However, Ford, an African-American who previously served as a uniformed U.S. Secret Service officer at the White House, was on a fast-track for an executive position at NSA.
"60 Minutes" never covered the Ford case, even though it was as, if not more, outrageous as the case brought against Drake. The Washington Post, rather than assign one of its national security correspondents to the case, handed it to a Metro desk reporter, who parroted in his articles what was given to him by the prosecution team.
Prosecutors never cited any classified document that was said to be in Ford's possession at the time of his arrest. Prosecutors relied on the testimony of a confidential informant named Tonya Tucker, who had several other aliases and a long criminal record, who said she saw a document labeled "classified" in Ford's home. Of course, "classified" is not a national security label or designator for any documents. Salem also charged that Ford was planning on meeting a foreign agent at Dulles International Airport to transmit documents. However, Salem could not identify the foreign country involved, a flight number, a rendezvous point, or any details of what amounted to a "pre-crime" allegation. In fact, Salem made up the entire Dulles story as a way to ensure a guilty verdict, especially considering that the jury was never shown any of the alleged classified documents that were said to be in Ford's possession. In the Drake case, the jury was shown copies of "retroactively" classified documents, which were originally unclassified.
Ford is now out of prison and serving three-years of restricted travel probation in Maryland. He maintains his innocence and intends to appeal his case. However, Ford's attempt to enlist the assistance of the parties who came to the defense of Drake have been unsuccessful. There is another problem with the Ford case. The Ford case files, including those maintained by the PACER system and the federal public defenders office in Washington, DC, have all disappeared. Even Ford's original birth certificate in the District of Columbia Vital Records Office has disappeared. The only information available on the Ford case from the Justice Department are the press releases issued on the case.
The federal public defenders office in Washington is clearly nervous about the double standard applied to Ford and Drake. Moreover, the supervisor of Ford's tainted public defenders in 2004 was Wyda, the same public defender who successfully argued Drake's case.
Former Justice Department prosecutor Thomas Tamm, under a long investigation for revealing the nature of NSA's warrantless wiretapping program to The New York Times, eventually saw his investigation by the FBI suspended. However, WMR has learned that the STELLAR WIND program was routinely violated by NSA employees. Hayden, who came up with the program and sold it to then-CIA director George Tenet and Vice President Cheney, essentially canceled the provisions of U.S. Signals Intelligence Directive 18 (USSID) 18, which governed the application of the 1978 Foreign Intelligence Surveillance Act (FISA) at NSA. NSA was prohibited from eavesdropping on "U.S. persons" without a court order from the Foreign Intelligence Surveillance Court (FISC). Under Hayden's tenure, some NSA analysts were conducting e-mail surveillance of their current and former girl friends, prompting Hayden to cover his tracks by implementing a procedure that saw database security officers, including those with oversight over the PINWALE e-mail interception database, conducting after-the-fact audit trail analysis for internal abuse of the new NSA powers.
Ken Ford, Jr. [center], reunited with his father and mother after six years of imprisonment on trumped up neo-con political charges stemming from the search for phony Iraqi WMDs.
Ford's case, which involved pressure from the Bush-Cheney White House, has also met with indifference from the Obama White House and the Congressional Black Caucus. Groups like the Government Accountability Project (GAP), which assisted with Drake's defense, did not raise a finger in the Ford case.
During his incarceration at Lewisburg federal penitentiary in Pennsylvania, Ford received rank-and-file support from some current and former NSA employees. However, unlike Drake, not one high-level NSA official, current or retired, came to Ford's defense, even though his innocence was as provable as that of Drake. It is, indeed, a "tale of two cases," one with a relatively happy outcome, the other singed with racism.
WMR's sources at the National Security Agency (NSA) have reported more high-level fraud at the agency that now combines signals intelligence and cyber-warfare functions under one officer, Army General Keith Alexander, the NSA director and commander of the U.S. Cyber Command.
When Alexander's predecessor at NSA, Air Force General Michael Hayden, was shopping for his own replacement, Alexander was the Deputy Chief of Staff for G-2 for the U.S. Army. Alexander would only take the job, according to our sources who were embedded in the Director of NSA's office, if Dr. James Heath became the senior science adviser to Alexander at NSA.
There was only one problem. Heath had his own company, Object Sciences Corporation, a firm which was intimately involved with tracking "Al Qaeda" operatives prior to the 9/11 attacks. Object Sciences provided deep data mining services to the Army's Land Information Warfare Agency's and Defense Intelligence Agency's ABLE DANGER and its affiliated DORHAWK GALLEY data mining programs.
At the same time, Hayden had shown favoritism to Science Applications International Corporation (SAIC) in awarding the firm, as prime contractor, the over one billion dollar signals intelligence overhaul program known as TRAILBLAZER. Hayden hired William Black, a former NSA official who had retired and went to work for SAIC, as his Deputy Director at NSA. The issue with Heath was solved when SAIC purchased Object Sciences, providing a handsome profit to Heath prior to his taking the science adviser position under his friend Alexander. Black eventually returned to SAIC from his stint as NSA deputy director.
The following press release was issued on May 12, 2005:
"Science Applications International Corp. has completed its acquisition of Object Sciences Corp., the company announced today. Terms of the deal were not disclosed . . .
OSC's involvement in reshaping how intelligence surveillance and reconnaissance information is processed and analyzed has provided critical assistance to combat forces in specific theaters, such as Iraq and Korea, as well as the war on global terrorism in general, SAIC said."
Alexander took over as NSA director on August 1, 2005, a few months after the SAIC-OSC deal. Heath then became Alexander's chief science adviser.
Another former SAIC principal who, like Black, transitioned from SAIC to NSA and back again to SAIC was Sam Visner. After joining NSA from SAIC, Visner was the senior acquisition manager for NSA and was key to the award of the TRAILBLAZER contract to SAIC. A less expensive signals intelligence re-engineering solution code-named THIN THREAD, was rejected by NSA in favor of the TRAILBLAZER, which was later canceled after SAIC pocketed hundreds of millions of dollars.
Hayden went on to become the first deputy Director of National Intelligence and, ultimately, the CIA director. He now works with former Homeland Security Secretary Michael Chertoff at Chertoff Group. His pet project, TRAILBLAZER, was canceled due to cost overruns and failed deliveries and was replaced by another reported contractor boondoggle called TURBULENCE. A number of senior NSA, Justice Department, and congressional officials were harassed and one, Thomas Drake, prosecuted for revealing the corruption. Those coming under NSA and FBI scrutiny, all subjected to harassment and threat of prosecution, included, in addition to Drake, Justice Department prosecutor Thomas Tamm, House Intelligence Committee budget specialist Diane Roark, NSA officials William Binney, Kirk Wiebe, and Ed Loomis, and others, never mentioned in press accounts, who were interviewed by WMR.
One former NSA official who was terminated and then placed under NSA Security and FBI surveillance after reporting through proper channels fraud, waste, and abuse with TRAILBLAZER and associated contracts, told WMR, "we are not whistleblowers but witnesses to major crimes committed by NSA and contractors."
Among the spin-offs of TRAILBLAZER was the unconstitutional STELLAR WIND program that permitted NSA to engage in wholesale warrantless wiretapping of phone calls, emails, and faxes, particularly journalists and elected political leaders.
Hayden, who has become a national security adviser to Mitt Romney and would be assured a top-level job in a Romney administration, perhaps National Security Adviser, is also involved with a subscription web service called LIGNet, or "Langley Intelligence Group Network" as a "LIGNet adviser." WMR has been told by intelligence community insiders that LIGNet is an operational security (OPSEC) problem because a wealth of borderline classified information appears on the web site.
Some of the LIGNet information makes what was released in the WikiLeaks Department of State cable release pale in comparison. As for charges that Private First Class Bradley Manning was responsible for downloading over a quarter million classified cables from the Secret Internet Protocol Router Network (SIPRNet), a former senior NSA official told WMR: "That is impossible. All SIPRNet drives are non-writable for CDs and as far as thumb drives are concerned, install one and security alarms are immediately set off."
As WMR has reported in past articles, the National Security Agency (NSA) has maintained a series of "mug shots" of journalists it suspects have sources inside the NSA. Often, NSA personnel throught to have been speaking to journalists are called into NSA's "Q" security group and questioned on whether they have spoken to various journalists. Along with the names of the journalists, are photographs, described by NSA insiders, as "mug shots," likely culled from the Internet.
WMR previously reported on NSA's "rogue gallery" of journalists. From WMR, July 3, 2009: "Since the revelation of the NSA journalist monitoring database, which later added communications intercepts of journalist phone calls, emails, and faxes to its database, NSA Security has, according to information received by WMR, conducted physical surveillance of journalists it deems to be threats to the operations of the agency. The top targeted journalists, who make up a virtual 'rogues' gallery' at NSA Security, complete with photographs and other personal information, are: former Baltimore Sun and current Wall Street Journal reporter Siobhan Gorman, Washington Times reporter Bill Gertz, former Baltimore Sun and current New York Times reporter Scott Shane, Baltimore Sun reporter Phil McGowan, author James Bamford, New York Times reporters James Risen and Eric Lichtblau, and this editor, Wayne Madsen."
WMR has now learned from NSA sources that NSA and FBI counter-intelligence branches are maintaining "mug shots" of journalists. Two to three pages of journalists, along with their photographs, are known to be in the possession of FBI counter-intelligence agent Laura Pino and NSA counter-intelligence officer Ethan Andreas. Each page has two rows of photographs across with four photographs and names of journalists on each row -- a total of eight photographs and names per page. The number of journalists on the pages, therefore, could be between 16 and 24.
Three names are known to be on the pages maintained by the FBI and NSA, according to our sources: Siobhan Gorman, James Bamford, and this editor, Wayne Madsen. Gorman was believed to have been the journalist former NSA official Tom Drake was in contact with before he was criminally charges under various counts, including the the Espionage Act. Drake was a witness to high-level contract fraud and corruption within the NSA. WMR submitted a Freedom of Information Act request to NSA two years ago requesting information on the editor's photograph being used as a security warning device. After being granted expedited processing by NSA as news media for purposes of the FOIA request, NSA reversed course, denying us media status and then stonewalled responding to the request. [Related story today in WMR].
WMR has learned and has personally experienced the unprecedented assault by the Obama administration, aided and abetted by its intelligence and internal security infrastructure, on the First Amendment right of freedom of the press.
The Obama administration has indicted a total of six U.S. government employees with violating the arcane 1917 Espionage Act for allegedly communicating classified information to the press. The Obama administration, according to multi-agency U.S. government sources , has authorized the eavesdropping of journalists' e-mails, text messages, and phone calls to determine to whom they are in contact within the government, particularly in the Departments of State, Defense, Justice, the CIA, the U.S. Congress' intelligence oversight committees, and the National Security Agency (NSA). The NSA and FBI are also monitoring what websites are visited by government employees, including this one.
The six people charged under the Espionage Act with providing classified information to journalists (the "Obama Six") are:
John Kiriakou, former CIA, allegedly passed information on waterboarding torture tactics and the identity of a CIA torturer to someone identified by the government as "Journalist A." The chief government prosecutor is U.S. Attorney for Northern Illinois Patrick Fitzgerald, who WMR has identified as a cover-up prosecutor for the CIA ever since the days he suppressed critical intelligence in the trial of the "Blind Sheik," Omar Abdel Rahman, convicted for plotting the 1993 World Trade Center bombing and later, when he failed to bring Espionage Act charges against Dick Cheney chief of staff I. Lewis "Scooter" Libby in the Valerie Plame Wilson leak case. Fitzgerald also prosecuted former Illinois Governor Rod Blagojevich to protect the CIA's one-time agent, Barack Obama, Jr., from scandal arising from Obama's political and social activities in Chicago.
Jeffrey Sterling, former CIA, charged with providing The New York Times' James Risen with classified information on Iran's nuclear program.
Army Private First Class Bradley Manning, charged with providing over a quarter million State Department classified and unclassified cables from the SIPRnet communication system to WikiLeaks.
Thomas Drake, former NSA official, charged with providing classified information to journalists, including former Baltimore Sun reporter Siobhan Gorman. The charges against Drake were later reduced.
Stephen Kim, former State Department contractor, charged with leaking classified information about North Korea to Fox News' James Rosen.
Shamai Leibowitz, former FBI Hebrew translator, convicted of leaking classified FBI wiretaps to a blogger on Israeli intelligence activities in the United States directed at stirring up war fever against Iran. As yet, Leibowitz has been the only person convicted under the Espionage Act for leaking information to the media. The government fast-tracked the Leibowitz trial in order to supress coverage of Israel's massive intelligence operations in the United States.
WMR knows of six other ex-employees of NSA and the State Department who continue to face criminal probes by the Obama administration for leaking information to the press.
Government employees face constant monitoring of their government emails, as well as their personal e-mail accounts for any contact with the press. The FBI, NSA, and other agencies are also monitoring the web sites visited by government employees. At the State Department, lists of web sites visited by employees are maintained by the Diplomatic Security Service (DSS). DSS also maintains lists of charities to which State Department employees donate money.
WMR learned of one case where the U.S. Navy blocked access to the web for an employee who visited WayneMadsenReport.com from a government computer. The employee was required to explain to the system security administrator why WMR was visited and cautioned that WMR is on a "banned" list for Navy employees. At NSA, employees have been ordered not to disseminate any articles from WMR on the agency's internal e-mail system or they will face disciplinary action and possible loss of security access and their jobs.
There are also increasing reports that journalists' e-mails are being monitored or completely blocked by the U.S. government agencies and cooperating Internet Service Providers (ISPs). WMR has recently experienced such a denial-of-service by America On-Line (AOL).
The increased harassment of journalist sources by the Obama administration comes at the same time that Reporters Without Borders has dropped the United States on the World Press Freedom Index to 47 from 20 on the press freedom ranking list. At 47, the United States is tied with Romania and Argentina and ranks below the Union of Comoros in the Indian Ocean; increasingly fascist-oriented Hungary; Papua New Guinea, which has experienced a military coup; Mali; Tanzania; Botswana; Suriname; Niger; and Cape Verde. In 2002, during the second year of the Bush administration, the United States was ranked at 17.
William Welch II was the chief of the Justice Department’s Public Integrity Section. While the title of his former office -- public integrity -- implies that Welch is dedicated to fighting corruption in the government, in President Obama's and Attorney General Eric Holder's Orwellian world of "Newspeak," Welch is the chief inquisitor of government whistle blowers and journalists who have communicated with them.
After committing ethical and legal violations in his investigation of the late Alaska Senator Ted Stevens, acts that resulted in criminal charges being dropped against Stevens and a criminal contempt of court investigation being opened against Welch, along with a Justice Department ethics probe, Welch continues to investigate national security whistle blowers. Welch has become a de facto special prosecutor, a modern day Juan de Torquemada, responsible for pursuing government "leakers" and journalists. Welch's targets have included National Security Agency fraud whistle blower Thomas Drake. He also has his sights set on former CIA officer Jeffrey Sterling and James Risen, the New York Times national security correspondent who Welch believes communicated with Sterling. Risen and the Times are fighting a subpoena for Risen to answer Welch's questions before a grand jury. Previously quashed by U.S. Judge for the U.S. District Court for Eastern Virginia Leonie Brinkema, the subpoena has been appealed by Welch and Holder to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.
Welch and his team were also publicly berated by U.S. Judge Richard Bennett for faulty evidence against Drake who was being doggedly pursued by Welch for allegedly communicating with aBaltimoreSun reporter about billions of dollars in contract fraud committed at NSA, where Drake served in a senior executive position. Drake and veteran NSA colleagues found themselves being raided at gunpoint by FBI agents under Welch's supervision. Welch's case against Drake collapsed and in a plea agreement, all Welch could get from Drake's defense team was a guilty plea for a minor charge of misusing a government computer. Bennett rejected Welch's argument that Drake be given a $50,000 fine. Bennett said Welch put Drake through “four years of hell."
Bennett also criticized Welch for taking so long in bringing charges against Drake. Welch's case against Drake was conducted in anything but a speedy fashion. Welch's tactics included keeping potentially exculpatory evidence from Drake's defense team for months after the indictment was handed down. For over six months, Welch's team failed to produce evidence that one of the allegedly classified documents Drake was charged with improperly retaining was declassified two months after the indictment was issued.
Welch waited ten months to turn over evidence that another document that formed the basis of an Espionage Act charge against Drake had been - in the words of Drake's criminal defense team - “. . . published as 'unclassified' and had never been deemed 'classified' until after it was recovered from Mr. Drake's home.” The re-classification of previously de-classified documents is one of the tricks employed by the Holder Justice Department in pursuing leak investigations. Welch also informed Drake's criminal defense team that potentially exculpatory evidence relating to Drake's years-long cooperation with a Department of Defense Inspector General (DoD IG) investigation had somehow been "destroyed."
Welch has had a history with "destroyed" evidence. On December 1, 1996, Welch, who was then an assistant U.S. Attorney in Massachusetts and 33 years old, was stopped by the police on Route 10 in Southampton. Welch was arrested for driving under the influence of alcohol by a police officer after Welch failed four field sobriety tests. A special prosecutor was named in the case against Welch. According to the Union-News of Springfield, the prosecutor, Robert C. Bray, discovered that the police cruiser's video recorder failed to operate properly and the video tape could not be used as evidence against Welch. It also helped that Welch's father was Superior Court of Massachusetts judge William H. Welch. The senior Welch, who died in 2007, had been considered for four federal judgeships but was never nominated.
According to the Union-News, Southampton Police Lt. David Silvernail said that the video camera, which was purchased in November 1996 with federal grant money, 'went on when overhead cruiser lights were activated and was not supposed to go off until an officer shut it off.' Apparently, the camera had been shutting itself off after three minutes, but miraculously for Welch the problem was not discovered until Welch's arrest. 'The camera was sent back to its manufacturer to be fixed after the problem was found,' Silvernail
told the newspaper. The criminal case against Welch was dropped. The tape was later reused by Southampton police officers and the Welch arrest segment was erased.
William Welch blows every case to which he is assigned. Perhaps he should blow into a plastic bag.
The story of William Welch is not an isolated one among Justice Department prosecutors. In Welch's case, someone who was so drunk he could not pass four sobriety tests on a Massachusetts highway is now entrusted by the Obama administration with the power to investigate those who challenge incompetence and wrongdoing in the U.S. intelligence community.
END WAYNEMADSENREPORT.COM ITEMS >>>>
Whew.... All right. Now go read the Puzzle Palace and the Shadow Factory and everything you can find on Cryptome.org and PublicIntelligence.net about the NSA & Cryptography. GET [hash] CRACKIN!
Ah so it's been a decade eh comrades? The skrewing over of emergency personnel has gone almost unnoticed. FDNY member on 9/11 Truth “I support you guys” | We Are Change -- some new stuff has been trickling out -- pretty solid stuff, at that. The glorious official narrative got its booster shot, but noticeably absent from the necro-political media spectacle were all those sickly and/or dead 9-11 first responders. Over time we find more elements that are obviously pretty credible against the official narrative, but it's still difficult to get a larger picture. Let's nosh on some new goodies -- what better time than now?
Ali Soufan describes the situation behind the scenes with the FBI and 9-11 foreknowledge as well as the torture nightmare going on.... obviously Soufan was able to get better intel from captured militants by persuasion than cruel & unusual coercion, but what else is new?
CIA Threats of Federal Prosecution Delay 9/11 Documentary | 911 Truth News - this newly unearthed Rich Blee figure is one of the latest twists on the 9-11 CIA front. This is the project which the Richard Clarke speculation about hoping to flip al-Hazmi and al-Mihdhar to the CIA was the reason their identities were buried... however that also doesn't track entirely because they were already in touch with another government operative or 2 (an FBI informant and a likely Saudi government operative)
I'm posting the whole bit as it's one of the more substantial elements in the scheme to surface lately.
On Thursday, the CIA threatened the journalists behind Who Is Rich Blee? with possible federal prosecution if their investigative podcast reveals the names of two CIA analysts at the center of a pattern of obstruction and mishandling of intelligence that many feel would have stopped the 9/11 attacks.
Like FBI agent Ali Soufan and Lt. Col. Anthony Shaffer before them, the podcast team, including John Duffy and Ray Nowosielski, are being subjected to intimidation and censorship by government officials over blowing the whistle on the true story surrounding two alleged 9/11 hijackers, Nawaf al-Hazmi and Khalid al-Mihdhar.
The podcast originally scheduled for September 11th release presents a narrative of how three CIA analysts working under Richard Blee, the long unknown former head of CIA’s Bin Laden Station, deliberately misled their colleagues and withheld key intelligence from FBI and the White House regarding the presence of two known Al-Qaeda operatives in the U.S.
Four government investigations into CIA handling of pre-911 intelligence included personal details of the two CIA analysts and their actions. Nowosielski and Duffy deduced the identities of the two as yet unnamed CIA employees from internet research based on details provided from these and other open sources. When the producers used their full names in interviews, interviewees offered no correction. The CIA response provided the final confirmation.
In project updates posted at SecrecyKills.com the producers announced the delay of the podcast and posted background of a complicated case that involves dozens of violations of protocol, intimidation, and incidents of obstruction by the CIA, with the two yet named CIA analysts at the center of many of them.
Author and expert on the subject, Kevin Fenton, documents 35 such incidents between January 2000 and September 11th in his book, Disconnecting the Dots: How 9/11 Was Allowed to Happen.
Pulitzer-prize winner Lawrence Wright, interviewed for the podcast, told producers the actions of one of the unnamed CIA analysts still employed at CIA amounts to obstruction of justice in the FBI’s criminal investigation of the deaths of 17 seaman aboard the USS Cole.
The producers are not the first subject to government censorship over this case. Last month The New York Times reported on CIA efforts to censor an autobiography by Ali Soufan, a front-line FBI counter-terrorism special agent. Prior to 9/11, Soufan was interested in Mihdhar and Hazmi because of links to the bombing of the USS Cole in Yemen. The CIA censored references to a passport photo of Mihdhar the CIA had withheld from Soufan, despite three written requests.
Scott Shane of the New York Times reports today that, “Mr. Soufan accuses C.I.A. officials of deliberately withholding crucial documents and photographs of Qaeda operatives from the F.B.I. before Sept. 11, 2001, despite three written requests, and then later lying about it to the 9/11 Commission.”
Lt. Colonel Anthony Shaffer, interviewed for the podcast, was himself intimidated, demoted and smeared by the Pentagon after he came forward to the 9/11 Commission with details of how, on three occasions, unnamed DoD officials prevented his Able Danger operation from meeting with the FBI prior the attacks.
In 2000 the Able Danger data-mining program placed Mohammed Atta in a Brooklyn terrorist cell but had also placed Hazmi and Mihdhar in a San Diego cell, the epicenter of intrigue around Alec Station’s Rich Blee, Tom Wilshere and the two as yet unnamed subordinates who themselves repeatedly withheld intelligence from the FBI. Though Shaffer was interviewed by 9/11 Commission’s Director Philip Zelikow and staffer Dieter Snell, the Commission left any mention of Able Danger from its final report.
In the planned podcast, 9/11 Commission Chair Tom Kean is asked about a scant footnote to Chapter 6 of the 9/11 Report referring to an intelligence cable, seen by 50 at the CIA, but prevented from reaching the FBI. For Kean the incident was not a case of bungling or intel ‘stovepiping’: “Oh, it wasn’t careless oversight. It was purposeful. No question about that in mind. It was purposeful.”
Whereas Kean explains it as a penchant for secrecy, Richard Clarke, the former head of counter-terrorism at the Bush White House, goes farther suggesting malfeasance and the possibility of illegal CIA-led domestic spying activity. Comments by Clarke released in a video in August led to a formal statement from George Tenet, Cofer Black and Richard Blee, and a response from the producers.
“This was perhaps the closest U.S. intelligence got to foiling the 9/11 plot,” explains Nowosielski, “but instead of stopping the attack, the CIA stopped intel on two high-value targets from getting to the right people, repeatedly. And still the CIA protects the individuals responsible by intimidating those who simply want to know the truth behind a shocking and possibly criminal pattern of obstruction”
In an email Thursday the CIA warned Nowosielski he could be subject to prosecution under the Intelligence Identities Protection Act, a law intended to apply to government employees who violate their security clearance and never used to convict journalists.
The producer’s online response: “The Society of Professional Journalists’ code of ethics states that ‘journalists should be free of obligation to any interest other than the public’s right to know’ and should ‘be vigilant and courageous about holding those with power accountable.’ The day that journalists’ exposés of wrongdoing within government agencies require the approval of those government agencies before release, that is the day that transparency and accountability are lost.”
John Duffy and Ray Nowosielski, both graduates of Chicago’s Columbia College Film School, produced the critically acclaimed 2006 documentary “9/11: Press for Truth.”
This is Part 3 of our three-part one-of-a-kind interview series with author and researcher Paul Thompson. For additional background information please visit the complete 9/11 Timeline Investigative Project at HistoryCommons.Org.
Paul Thompson joins us to discuss one of the most blacked-out and censored aspects of Al-Qaeda-CIA connections: The partnership and alliance between the CIA and Al Qaeda and their joint operations in Central Asia, Balkans and Caucasus throughout the 1990’s. Mr. Thompson talks about Al-Qaeda’s Balkans operations, running training camps, money-laundering, and drug running networks in the region, Ayman Al-Zawahiri and his residence in Bulgaria in order to help manage the Al Qaeda effort in nearby Bosnia, the Al Qaeda cells in Chechnya and Azerbaijan, BCCI and more!
Frankly I think at this point it should be noted that George Tenet is just one of many intelligence establishment figures who are members of the Knights of Malta - a key authoritarian little nest of establishment weasels, probably more relevant to geopolitical happenings than, say, the Freemasons :)
I wonder to what extent the Egypt scenario connects to Wisconsin as well, in an indirect way. (A Connection Proved: I have seen the Madison global protest pizzas-purchase chalkboard at Ian's on State St myself, as you can see Egypt & Wisconsin revolts are certainly connected via Pizza)
Also "The liberal outcome is promised precisely by the anarchist method" is an interesting idea, puzzle that one out suckaz!
By Mohammed Bamyeh
It is not unusual in revolutionary histories for revolutions to produce an unintended result. Max Weber already suggested that such disjuncture between the intention and result of revolutions was inevitable, when in the midst of the 1919 revolution he gave his famous lecture Politik als Beruf. But in the case of the Arab spring, we witness a rare likelihood that revolutions are reaching precisely their intentions: even governing orders now agree openly with virtually all revolutionary demands, except moving out of the way of the revolution. The intention is so widely shared in society, and so simple, that no organization at all is required to express it. A revolution here is an expression of social consensus: consensus on both method and intention. The liberal outcome is promised precisely by the anarchist method. Neither is a product of any party plan, but both are the foundation of the social consensus out of which the revolutions are emerging. So here the entire revolution is rational, from beginning to end, since intention and result seem to cohere, even though method (anarchy) and theory (liberal) appear to have no connection at all.
Yet they are connected, in the sense that both anarchism and liberalism are part of the heritage of the enlightenment and describe different dimensions of it. They do so not because they had been described as such in enlightenment thought, but because their communion expresses older social realities, which we would not suspect if we confine our perspective to European history. In Islamic history, for example, what would later be called "anarchism" or "liberalism" occasioned old realities in which a substantial part of the civic order either lived independently of the state or generated serious limits to the reach of the state in society.
Elements of that old civic order appear to have sustained themselves even after, in the name of the enlightenment, modern, authoritarian states devoted all their resources to magnifying state power over society. Yet, the persistence of elements of the old civic ethics can be evidenced in revolutionary styles themselves: spontaneity of the revolutions is an extension of the already familiar spontaneity of everyday life; revolutionary solidarity, out of which emerges the will to sacrifice and combat, is an extension of common, convivial solidarity in neighborhoods and towns; distrust of distant authorities is part of an old, rational and enlightened common attitude, based on the simple thesis that a claim to help or guide is unverifiable in proportion to the power and distance of the authority that makes it; and finally, non-violence as a strategy is not learned out of manual written at Harvard, but out of familiar and old habits of protest. In recent years, we were made to forget the ordinary salience of those habits, as our attention was galvanized by spectacles of "terror" and "counter-terror" (a game with no political result other than feeding the power hunger of the authoritarian order and serving as its last raison d'etre).
The crumbling authoritarian enlightenment, with its vanguardist and paternalist propositions, lies in a number of dynamics: vanguardism, as we already knew from Frantz Fanon, often expressed lack of knowledge by the vanguard, who eventually become ruling elites, of their own society. In its later phase, vanguardism became pure paternalism: distance of governing elites from the people became lack of interest in knowing the people. Amidst this disinterest the old vanguardist authoritarianism is expunged of its anti-colonial, progressive, Third Worldist claims; and out of its ashes there emerges a cold, paternal authoritarianism, disinterested in any form of peoplehood, and governed openly by an avowed marriage of business and state elites.
Enlightenment as a goal could be approached using different techniques. In the grand revolutions of the Arab spring, the liberal interpretation of the enlightenment fights an authoritarian interpretation, with the aid of an anarchist method--that is to say, with the aid of familiar civic traditions, now discovered again to be natural venues for expressing the organic and embedded nature of the enlightenment. This is why these revolts are entirely against the authoritarian state, but not against any old cultural tradition. [.......]
You can cut to the primaries now. This is how the establishment is going to corral all these Tea Party people and keep them away from Ron Paul (and to a lesser extent Gary Johnson, who is getting blacked out pretty well and has low Name ID generally). Paul caught a great poll Obama head-to-head poll recently, and clearly they are giving him more airtime than 2008.
It's too bad that the evildoers want to block Ron Paul using Mr Cain. A Paul/Obama general election could actually hash through a lot of the problems at the root of our problems - serving a more useful purpose than the usual wasteful stream of hot air and pointless diversion operations.
Here's why they have to block Johnson and Paul of course, the glorious corrupt War on Drugs:
Ruppert Re-Ups: Michael Ruppert returns to 9/11 on panel with German & Swiss investigator academic types: YouTube - Ganser Ruppert. It's a long one and gets into plenty of geopolitics, not just conspiracylols.
"we are experiencing a large number of problems in production agriculture in the U.S. that appear to be intensified and sometimes directly related to genetically engineered (GMO) crops, and/or the products they were engineered to tolerate -- especially those related to glyphosate (the active chemical in Roundup® herbicide and generic versions of this herbicide)."
He continues, saying, "We have witnessed a deterioration in the plant health of corn, soybean, wheat and other crops recently with unexplained epidemics of sudden death syndrome of soybean (SDS), Goss' wilt of corn, and take-all of small grain crops the last two years. At the same time, there has been an increasing frequency of previously unexplained animal (cattle, pig, horse, poultry) infertility and [miscarriages]. These situations are threatening the economic viability of both crop and animal producers."
This is the scientist who found those sick micro-fungus associated with Roundup Ready freak corn and soy. More death in the biosphere.
The SITE INSTITUTE: Always available to advance establishment narratives. It's hard to conclude it's anything but a Mossad front for information warfare. The cool thing is it actually is between the Department of Homeland Security and the Israel embassy. The spatial layout is equivalent to the intended function! Nice. Anything sourced to the Site Institute should first be considered as a chunk of information operations along these lines -- it will never release material which is harmful to the interests of the hawks. MEMRI is the other big one, but there are some others playing a wonkier role like the Center for Security Policy.
Cancer, cellular atavism and Hemp Oil helps save a small child despite the killer bureaucracy's efforts: Interesting idea that cancer may reflect ancient cellular behaviors erroneously reactivated, forming tumors similar to cell masses in primordial eras. Cancer: The beat of an ancient drum? Hence the importance of not adding tons of chemical (or electromagnetic!) garbage signals into our bodies!
Cancer is so odd, you can even render the cellular activity into sound and it sounds horrible and dissonant while healthy cells sound harmonious. And animals can be trained to sniff out very subtle low levels of cancer in patients.
Caught an interesting item on Sibel Edmonds' Boiling Frogs Post about a team of FBI agents who had key clues into the 9/11 conspiracy, serious and specific prior warnings from an Iranian informant and ex-SAVAK officer who was himself a major handler with a deep network of informants around the Pakistan/Afghan and other non-Persian areas of the region. This guy caught specific warnings from two separate deep sources that airplane-related attacks from the Bin Laden crew were on their way. The informant begs the FBI agents, and their Farsi translator Behrooz Sarshar, to put the matter to the highest urgency of counterterror officials. "302 form" records associated to the title "Kamikaze Pilot" were opened in the FBI recordkeeping system.
Sarshar tried to push this stuff to the 9/11 Commission and naturally it was all suppressed and buried till now. Sibel Edmonds also worked with FBI translation operations after 9/11 which led her into the rat's nest of foreign intelligence operatives, many of whom enjoyed "protection" from assorted espionage & terrorism-related crimes due to operations of the neoconservative influence network in key posts.
My overall conclusion on 9/11, supported by a fragmented but voluminous trail of evidence leading many directions, is that the attacks were staged and helped along by a malicious network of international intelligence operatives affiliated with foreign intelligence agencies, including Pakistan, Turkey, Saudi Arabia and Israel as well as various domestic "usual suspects." All of these people share a general interest in escalating international tensions, war profits and marketing the expansion of scenes of insanity around the world. The Turkish "Ergenekon" or "post-Gladio" rightwing intelligence network, with major neoconservative allies, had its piece of the action -- mainly illustrated by the Sibel Edmonds angle. The Saudis and Pakistan, as pro-western authoritarian governments, have a great deal of influence over the operations of "Salafist" militants across the Mideast and Central Asia, and the ISI's support for Mohammed Atta is well-known. For years there has been enough documentary evidence to support the notion that Israeli intelligence operatives with Mossad guidance were at a minimum shadowing the hijacker cells in Florida and New Jersey. DC journalist Wayne Madsen, who has posted more than a few conspiratorially-minded pieces, recently put up a large special report concluding that several of the 9/11 hijackers were actually Mossad operatives, with Ziad Jarrah the most likely witting operative because 2 more of the Lebanese Jarrah family have more recently been caught operating other Mossad schemes in Israel -- they were Lebanese collaborators during the prior Israeli occupation.
All of these nations have worked jointly -- Saudi, Pakistan and Israel have been pretty tight, and of course Turkey and Israel had a tight strategic alliance that's only recently collapsed. The "Safari Club" which included the US and Saudi Arabia, was another good example of regional intelligence agencies working together in concert after 1976.
I certainly don't conclude that 9/11 actually benefited the peoples of Turkey, Israel, Saudi Arabia or Pakistan in the long run. 9/11 only benefitted the networks of ruthless subversive militarists and intelligence goons that dominate these countries (not to mention the United States). It's crazy to conclude that "the Jews" or "the Muslims" committed 9/11, as its crazy to say the "militia movement" caused the Oklahoma City bombing. These are networks of weasels and government operatives, cruel people. It's not cultural or religious... Anyway I am including Madsen's 9/11 report after the "Kamikaze Pilots" case. And we're missing a bit of the old Florida-drugs angle (see Hopsicker's Mad Cow for the deets) wherein the pilot network is kind of a spillover from the shadowy long-running CIA-friendly drug pilot operations around Venice Florida, Huffman Aviation, Jack Abramoff's boat casino etc... Like I said it all leads a lot of places.
Is yobbing on about 9/11 productive to social movements? Is all this "conspiracism" (as the Chip Berlet/SPLC "nothing to see here" people call it) dangerous? My basic answer is a bit derived from Peter Dale Scott, that the same sorts of patterns you see in "deep events" surface over and over, either the same players or the same tricks. Thus, if you have a handle on 9/11, you can decode other parallel & smaller schemes a bit more easily -- and you're more prepared when similar tricks happen (like the staged Portland faux bombing to cite a recent one). Allocate your time for these things appropriately, but don't think Weirdness can't strike your town.
Below the fold: First the Behrooz case, then the Madsen Mossad cutout report. Take em for what you will... (Madsen's stated he doesn't mind too much when his stories are reposted, if they are held for @ least 24 hrs)...