How the NSA Kept Us From Knowing About a Previous, Illegal Domestic Spy Program in 2006

[kpete]

How the NSA Kept Us From Knowing About a Previous, Illegal Domestic Spy Program in 2006
by WILL POTTER on JUNE 7, 2013


..........................


..........I wanted to highlight a little-known story of how the NSA narrowly averted a similar scandal involving illegal spying on protest groups in 2006.

At that time, members of the Earth Liberation Front were going to trial, as terrorists, for their role in a series of arsons. The threat of a life sentence was enough to convince them to snitch on their friends. A few of the defendants refused, though, and were facing even more prison time for not cooperating.

Then the attorneys for these non-cooperating defendants had a brilliant idea. On March 24, 2006, they served prosecutors with a request for all materials obtained through the Foreign Intelligence Surveillance Act (FISA) or the NSA. The Bush administration NSA scandal was international news. And if the NSA was
illegally spying on environmentalists, it could have all the cases thrown out of court.



Here’s an excerpt from Green Is the New Red about what happened next:

.. ...............The Bush administration has fought hard to keep its spy programs secret. When the Justice Department’s Office of Professional Responsibility began examining the role of government lawyers in the program, President Bush denied security clearances to investigators and shut them down. In an interview with the El Paso Times, National Intelligence Director Mike McConnell stated that to even question government spying threatens American lives. “So you’re saying that the reporting and the debate in Congress means that some Americans are going to die?,” the interviewer said, repeating McConnell’s statement. “That’s what I mean,” he replied. “Because we have made it so public. We used to do these things very differently, but for whatever reason, you know, it’s a democratic process and sunshine’s a good thing.”

If prosecutors hand over new information about the Terrorist Surveillance Program, it could prove suspicions that the government’s spying has extended far beyond Al Qaeda. It could lead to Congressional hearings, much like ones that dissolved SHAMROCK, MINARET, and COINTELPRO. Exposing NSA spying on the animal rights and environmental movements could dismantle the entire domestic spying apparatus, and the Bush administration along with it.

Two months later, Daniel McGowan’s attorney, Amanda Lee, quietly withdraws the NSA motion. Neither she nor Assistant U.S. Attorney Kirk Engdall will offer an explanation other than that it is “by reason of agreement with the government.” A week later, on November 9th, Daniel McGowan, Jonathan Paul, Nathan Block and Joyanna Zacher change their pleas to guilty. The pleas are part of an unusual non-cooperating plea agreement in which they will admit their guilt but not name names.

Neither the government nor defense attorneys will confirm a direct relationship between the withdrawal of the motion and the guilty pleas. But it is clear that both parties had a remarkable change of heart on positions they previously refused to compromise.

From the start prosecutors had said there were two options: snitch and receive a reduced sentence, or go to trial and risk life in prison. McGowan and his attorneys had organized the “non-cooperating defendants” and pushed for a special plea deal, but prosecutors said it was not open for discussion. While this agreement impedes investigation into other ELF crimes, the government avoids a national security investigation.

much more:
http://www.greenisthenewred.com/blog/nsa-domestic-spying-on-activists/7081/

[HooptieWagon]

1. Of course.

The threats to "national security" the NSA is spying on is not terrorists, like the Boston Bombers, but activists who threaten the corporate power structure in Washington.

[rhett o rick]

3. In fact if all terrorist attacks were thwarted the agencies might not get the support they want.

In other words, a little terrorist strike here and there keeps the public scared.

[HooptieWagon]

4. Exactly.

And when there aren't enough actual terror attacks to keep the people "skeered", why then we simply have the FBI manufacture some.

[rhett o rick]

2. k&r thanks for posting.