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Justice Department opens criminal investigation into "leak" regarding NSA domestic surveillance

 
 
Tuna Ghost: Pratt knot hero
03:17 / 04.01.06
"Leak" or "whistle blowing"? From the Washington Post
Online:

The Justice Department has opened a criminal investigation into recent disclosures about a controversial domestic eavesdropping program that was secretly authorized by President Bush after the Sept. 11, 2001, attacks, officials said yesterday.

Federal prosecutors will focus their examination on who may have unlawfully disclosed classified information about the program to the New York Times, which reported two weeks ago that Bush had authorized the National Security Agency to monitor the international telephone calls and e-mails of U.S. citizens and residents without court-approved warrants, officials said.

The Justice Department's decision to reveal the opening of a criminal investigation is rare, particularly given the highly classified nature of the probe. White House deputy press secretary Trent Duffy told reporters in Crawford, Tex., yesterday that the department "undertook this action on its own" and that Bush had only learned about it from senior staff earlier in the day.

But Duffy reiterated earlier statements by Bush, who had sharply condemned the disclosure of the NSA program and argued that it seriously damaged national security.

"The fact is that al Qaeda's playbook is not printed on Page One, and when America's is, it has serious ramifications," Duffy said, reading from prepared remarks. "You don't need to be Sun Tzu to understand that," he added, referring to the ancient Chinese general who wrote "The Art of War."



Heard about it on NPR recently. The Justice Department investigating the "leak" concerning the NSA eavesdropping program even as critics argue that the program itself is unlawful and unconstitutional.

So if the NSA doemestic surveillance program is found lawful and constitutional by the courts, the guilty party/parties will be up for jail time, because they leaked classified information regarding national security. But charging the whistle blowers (and maybe the Times, who printed the information) will involve the courts deciding wether or not the program is constitutional, because naturally the defense will claim that the program is not constitutional, nor actually legal in any sense really, therefore no crime has been committed. So at least there will be a definitive decision on this one on way or the other.

So...leaking or whistleblowing? Does Trent Duffy have a point? Do you think that the safegaurds that Bush claims keep the program from violating personal rights are actually working? Or even there at all, for that matter? Can one trust the system to take care of this?

There's always the chance that no one will be charged, that they just want to know who did the all the blabbin'...
 
 
Tryphena Absent
12:49 / 04.01.06
Can anyone run through the arguments about phone tapping being unconstitutional? I'm quite curious about this...
 
 
STOATIE LIEKS CHOCOLATE MILK
14:55 / 04.01.06
I don't really know enough to venture an opinion as yet (off to Google goes the Stoat)... what I will say is... whoever leaked/blew the whistle on this has ENORMOUS balls.
 
 
Mr Tricks
16:05 / 04.01.06
As I understand it Bush & Co. didn't bother to seek approval with the F.I.S.A. court (which rarely turns down a request for a wire-tap) and went ahead and ordered these taps on their own.

With-out court approval this act is apparently unconstitutional and presumably an impeachable offence. The President is sworn to uphold the constitution and protect the American people from such illegal act... bla bla bla.

I've also heard some stuff about NSA Not being the proper organization for playing Big Brother with U.S. Citizens. This being the job for the S.S. ah... Homeland Security. So there is some breach in that area as well.

I've caught a few interesting radio interviews on the matter... I post some links when I dig 'em up.
 
 
Mr Tricks
16:18 / 04.01.06
Online Radio interview that might be interesting.
 
 
Nik
17:09 / 04.01.06
If I understand it correctly, there are two laws that could potentially protect a leak source, the anti-gag statute and the Whistleblower Protection Act, but neither would protect in this instance. In a case of classified national security information there is a procedure to go through to report suspicion of misconduct, fraud, gross mismanagement. Illegal action or abuse of power. (Going to the media is not the procedure). Employees of the FBI, CIA or NSA (basically, anyone in the Intel community) are exempt from the Whistleblower protections if they go outside of the procedure and report to non-authorized persons. A civilian employee of those agencies would be covered.
 
 
Tuna Ghost: Pratt knot hero
18:46 / 04.01.06
In a case of classified national security information there is a procedure to go through to report suspicion of misconduct, fraud, gross mismanagement. Illegal action or abuse of power.

True, but "classified national security information" only applies if the program can be considered legal and constitutional. The gov't has no legal right to classify it's own illegal actions. I would imagine this goes beyond "suspicion of misconduct" or "gross mismanagement".
 
 
bjacques
07:11 / 05.01.06
Bush really hates leaks. Look how diligently he pursued whoever leaked Valerie Plame's job to the press.
 
 
Tuna Ghost: Pratt knot hero
17:42 / 05.01.06
I'm just pleased that there is going to be a final decision on the legality of the NSA program. Or will be, that is, if charges are made and people are taken to court. If the program is as blatantly illegal as everyone says, then it shouldn't be too hard to prove it.
 
 
FinderWolf
16:36 / 02.02.06
CIA Director wants us to feel like we've ruined our chances to catch terrorists by learning about the secret NSA wiretapping program... yeesh...

---------------------------------


WASHINGTON , Yahoo News / Reuters

CIA Director Porter Goss said Thursday that the disclosure of President Bush's eavesdropping-without-warrants program and other once-secret projects had undermined U.S. intelligence-gathering abilities.

"The damage has been very severe to our capabilities to carry out our mission," Goss told the Senate Intelligence Committee. He said a federal grand jury should be empaneled to determine "who is leaking this information."

His testimony came after National Intelligence Director John Negroponte, who directs all intelligence activities, strongly defended the program, calling it crucial for protecting the nation against its most menacing threat.

"This was not about domestic surveillance," Negroponte said.

"The president has not only confirmed the existence of the program, he has spoken at length about it repeatedly," while keeping Congress in the dark, said Sen. Jay Rockefeller of West Virginia, the panel's senior Democrat.

"The administration wants to have it both ways," said Sen. Carl Levin (news, bio, voting record), D-Mich.

Goss complained that leaks to the news media about the surveillance program and activities such as reported CIA secret prisons abroad had damaged his own agency's work.

"I use the words `very severe' intentionally. And I think the evidence will show that," Goss said.

He said not only have these revelations made it harder for the CIA to gather information, but they have made intelligence agencies in other countries mistrustful of their U.S. counterparts.

"I'm stunned to the quick when I get questions from my professional counterparts saying, `Mr. Goss, can't you Americans keep a secret?'" he said.

Goss cited a "disruption to our plans, things that we have under way." Some CIA sources and "assets" had been rendered "no longer viable or usable, or less effective by a large degree," he said.
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