Looking For a Leaker-Former Justice Dept Lawyer's Home Raided By FBI (Newsweek)

[kpete]

Looking For a Leaker

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

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

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

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

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

[Junkdrawer]

1. Bush breaks the law...Gonzo lies about it...And...wait for it....

Gonzo and Bush are give retroactive immunity in the form of more direct power and the whistleblower is hunted down like a dog...

Ahh...America....

[glitch]

4. @#$%&!! K & R nt

[SaveAmerica]

17. Didn't something go through recently (bill?) about whistleblower's rights?

So many things going on it's hard to keep up with them.

[SpiralHawk]

2. It's illegal to fink on an illegal republicon Homelander program?

Welcome to the Ugly New 1984 Totalitarian Republicon Homeland. Now shut up and sit down.

Always remember: Big BushCo loves you. Smirk, smirk, smirk.

[CitizenLeft]

21. wow... that photo

incredible.

[The Backlash Cometh]

3. I bet Congress is really proud of themselves for making Bush even more

powerful. You know it won't be long before they'll be tearing down everybody's door.

[potone]

5. It just keeps getting worse.

It is interesting that the FBI didn't show the same diligence in pursuing the source who leaked the identity of a covert CIA agent. They don't seem interested in illegal leaks, just embarrassing ones.

[hootinholler]

25. My first thoughts too.

Welcome to DU.

-Hoot

[potone]

35. Thank you, Hoot.

I spend a lot of time reading DU, but I seldom post. Usually someone else has already made my point, so there seems to be no reason to reiterate it.

[Bitwit1234]

6. Damn how good are these republican GEEKS

they can't find millions of emails sent by the TURD ROVE, BUT they can find the computer(s) by which a leak was made. Damn...damn damn..Scammed again.

[Neecy]

7. interesting....

I wonder if they suspect this is the Deep Throat over at TPM?

[Wiley50]

8. Could This Be TPM's "Deep Modem" ? n/t

[fed-up]

12. my thoughts exactly-see my other post below nt

[flyarm]

15. BOY I THOUGHT OF THAT AS WELL!! EOM

[SaveAmerica]

22. Do you have something in your bookmarks about Whistleblower's

rights? It seems like something was in the news in the past few weeks but I can't remember the details and I don't find it in my bookmarks. Thanks.

[fed-up]

9. how does this tie in with spy powers law passed yesterday???

[Trillo]

10. What is a "classified" search warrant?

As I understand procedures, if the police present a warrant to search for something that is specified in the warrant, they are legally allowed to do so. So how does the adjective "classified" modify that legal presentation by the police to the people at the location being searched?

Does this mean the warrant is not presented, but is merely claimed by the authorities to exist?

[Trillo]

18. In trying to answer the question

a Google search using quotes for "classified search warrant":
http://www.google.com/search?q=%22classified+search+warrant%22&hl=en&lr=&safe=off&as_qdr=all&filter=0
only shows me only two results, (edited to add --> ) none of which shed light on what kind legal document it is. I guess it's a big secret.

[troubleinwinter]

23. I did the same

The ONLY entry (other than the OP story) is this:

12/14/2001 FBI Chicago IL

The Treasury Department took action against Global Relief Foundation and another Islamic charity, Benevolence International Foundation of Palos Hills, because of suspected links to terrorism. Using a classified search warrant, the government froze the assets of the two groups, pending an investigation to their suspected terrorist links.

The two groups have denied all charges and said the government is engaged in a smear campaign against them. The two groups have offices in Pakistan and have offered aid to Afghan refugees since the early 1990s.

WTF?????!!!!!!!

[fed-up]

11. found this LTE at media matters from Thomas Tamm dated 7/25/07

http://mediamatters.org/altercation/200707250008

Altercation by Eric Alterman
Wed, Jul 25, 2007 4:30pm EST
Send to a friend Print Version


Corespondence Corner:

Name: Thomas M. Tamm
Hometown: Potomac, Maryland USA

Dear Eric: Is not the administration's position that they would not permit the U.S. Attorney to prosecute a Congressional Contempt referral an implicit admission that they allow politics to impact prosecutions? They are admitting that they would interfere with the independent judgment of a prosecutor on a specific case. I suggest that this is precisely what the firings of the U.S. Attorneys are ultimately about. Yes, they serve at the pleasure of the president, but they do not prosecute at the pleasure of the president. The White House is guilty of taking the blindfold off lady justice, not just covering her breasts. I am a former DOJ lawyer, for what that is worth.

[KoKo]

13. Do you remember when Eric was arrested by Capitol Police about 6 wks ago ...handcuffed

and taken to jail? He reported it on his blog...Josh Marshall picked it up...and then it died.

He was arrested for being at the wrong place in the Capitol and going to the bar to get a glass of wine in an area that was restricted. Police came over and told him to move he asked why and they accused hm of resisting them and handcuffed him.

I can't remember the date...and what he was covering at the Capitol...Maybe it's on his site if someone searches.

[fed-up]

16. here is google link for "Thomas M. Tamm"-there is a 404 dead link at Equal Justice USA

http://www.google.com/search?client=safari&rls=en&q=%22Thomas+M.+Tamm%22&ie=UTF-8&oe=UTF-8

Equal Justice USA
Thomas M. Tamm, Rockville, MD Assistant State’s Attorney, Montgomery County Trial Attorney, Capital Case Unit, United States Department of Justice ...
www.ejusa.org/MD_law_enforcement_letter.htm - 16k - Cached - Similar pages

[Babsbrain]

24. The cached link is gone also

Someone really wanted this law enforcement letter that he posted to disappear.

[JDPriestly]

34. His team won an award in 2000 - for work on capital cases

Was part of a team awarded an honor under AG Janet Reno in 2000.

http://www.usdoj.gov/archive/ag/speeches/2000/awards.htm


Margaret P. Griffey
Chief

Paul E. Ridge
Deputy Chief

Joseph S. Uberman
Senior Litigation Counsel

Richard E. Burns
Kevin A. Forder
Courtney V. Keany
Gwenn X. Kinsey, Jr.
Thomas M. Tamm
Trial Attorneys
Capital Case Unit
Criminal Division

The team is presented this award for their efforts in the formation and development of the Capital Case Unit. Since 1998, this new unit has assisted in the Department's review of the capital eligible offenses of more than 183 defendants. In the cases of the approximately 59 defendants for whom the Attorney General authorized seeking the death penalty, a Capital Case Unit attorney was responsible for assisting the Department and the United States Attorney's Office during the review and continued to provide assistance and advice during prosecution. The team is honored for their outstanding initiative and efforts in developing a model to provide litigation and legal support in these cases. In an area of the law that poses complex procedural and legal issues and an awesome responsibility for human life, these attorneys have handled themselves with extraordinary diligence and integrity.

[chill_wind]

36. Found it! The Wayback Machine eventually took me to a current location.

The Equal Justice Project's website is apparently at the Quixote Center.org site.

There is a link to the letter at the end of this press release. His signature is on it.

For Immediate Release: March 13, 2007
Contact: Jane Henderson, 240-338-2579
Tom Waldron, 410-350-6637

Over 50 Law Enforcement Officials Call for Repeal
of Maryland’s Death Penalty
Prosecutors, Police and Correctional Officials say
Life Without Parole is More Effective

(ANNAPOLIS) – A group of 51 Maryland police, prosecutors and correctional officials today called on the General Assembly to repeal the death penalty, saying it is ineffective, wastes public safety resources and provides no additional security to police and prison employees.

http://www.quixote.org/ej/

http://www.quixote.org/ej/MD_law_enforcement_letter.htm

[in_cog_ni_to]

29. He was at the Dem NH debate and it was in June:

article | posted June 4, 2007 (web only)
Alterman's Arrest

Joan Connell


As police took Nation columnist Eric Alterman into custody during Sunday's Democratic debate in Manchester, New Hampshire, after a dispute over whether or not he really belonged at a post-debate party, Representative Ed Markey came over and stuck out his hand for a shake.

"Sorry, Ed, I'm being handcuffed," said Alterman, as he reported in an article on the Huffington Post. Despite Markey's offer to vouch for his character, Alterman was taken to headquarters, booked and released.

The arrest of the amiable but sometimes irascible columnist (full disclosure: I was his editor at MSNBC.com from 1997 to 2003) resonated in the blogosphere. Gawker and New York magazine gossip Lloyd Grove exulted. Choice placement of the news on the Drudge Report sent the conservative echo chamber into paroxysms.

CONTINUED BELOW
Though The Nation is pleased we don't have to send lawyers to New Hampshire to spring our columnist from jail, we thought it would be nice if he told his side of the story on our site. Worn out from all the media attention, Eric did take a minute to answer a couple of questions:

http://www.thenation.com/doc/20070618/connell

[lala_rawraw]

14. as i have always said, this spying has

more to do with journalists and chilling sources than it does with the big terra threat. think about this... why did they need a classified search warrant? think about it... why would a search be classified? so that we don't know what they are doing. and consider the unit that raided his home... don't you find this a bit like black shirt types during WWII?

[KoKo]

20. yep..."Classified" stood out in my mind, too.

We have to hope that there people out there who will see this the way we do, but still have some power.

Not likely...but so much bad news put me at a level where I'm so down I have to think up....

[dkofos]

19. When they start rounding up the patriots you know your fucked!!

[TexasLawyer]

26. kick

[Diane R]

27. This is vitally important. K&Recommended to Keith Olbermann.

[OnceUponTimeOnTheNet]

28. This story has been bugging me all day.

So they took 3 computers and some files from this whistleblowers house. Will the next step be freezing his bank accounts? Okay, I just pulled out my First They Came For Spongebob... bumper sticker from storage. Time to put it on.

[Disturbed]

30. The also seized his children's laptops.

WTF? The photo on HuffPost showed a SWAT member wearing a gas mask.

Intimidating photo! http://www.huffingtonpost.com

[OnceUponTimeOnTheNet]

32. Don't want to be breathing any of that truth to power air.

[Rosa Luxemburg]

31. Gosh I wish they'd find who really leaked Valerie Plame?

didn't see many FB raids in that case?

[Disturbed]

33. RWing jerk-offs are still claiming Plame was not covert.

Funny that they never mention Brewster Jennings, eh?

[farmboxer]

37. Hitler won WWII

he and Prescott would be so proud.

[Missy Vixen]

38. K&R, and thanks, kpete n/t

[riona]

39. It's getting more and more frightening

Who are these people? What are they doing to our Constitution?
:scared:

[OzarkDem]

40. Dem leaders should protect this guy

If he's the one spilling the beans on the illegal spying program, he deserves some sort of protection from Conyers committee.

[BrainGlutton]

41. I don't get it. Why?!

Why, at a juncture when the Administration should be trying to look as nonthreatening as possible WRT this whole business, are they bothering with this? Even if Tamm was the leaker, he is no longer in the DoJ and no longer a secrecy risk. Why rake up the coals? Why remind the public that there WERE internal protests over the program?

[SpiralHawk]

42. "Smirk - we have our reasons - smirk." - Commander AWOL

"OnlY meMbers of our oCCult cAbAl can know. Smirg smirg smirg" - Commander AWOL Bush

[Truth2Tell]

43. True American Hero

If it was him.