NOTE: I SOMETIMES INCLUDED OTHERS COMMENTS/QUESTIONS TO PUT ANON IN PERSPECTIVE:
Y MUELLER'S HESITATION
I would encourage a "fresh look" at not just the transcript, but the _audio_:
<"Mueller: The discussion was on a National -- uh, NSA program that has been much discussed, yes.">
It appears he _almost_ mentioned "national security council" program. . . NSC is not the same as NSA. Another way to read between the lines . . ."National security program": Something that is _outside_ FISA; and _outside_ what the FISA current covers. . .although it was intended to cover _all_ things.
Listen closely to the pauses, spacing, and hemming and hawing. Mueller is dancing around something that -- it appears -- President and AG have said falls "outside" the FISA-coverage: This might be a Canadian-Australian-NZ-UK data transfer program: Whereby non-US interception methods are used, but the data is forwarded to the NSA through non-direct US means.
. . . .
Also, if the Senate's Leahy/Specter do not trust Gonzalez, why would they trust him on this AG-certifications under FISA? If he's been lying to the Senate, then his AG-certifications on "OK to do this without a warrant" are also in doubt. He could define anything -- rightly or wrongly -- as being under that umbrella.
Question becomes: What certification has the AG made on things that not even the Gang of 8 was told about; and how was the NSC (not NSA) involved with the oversight of this, outside FISA-Gang of 8 review?
"National security" could mean: "Maintaining morale" or "maintaining confidence": That could mean providing false information to the public; or, based on data mining, issuing public news releases to justify public support for illegal activity; or maintain confidence in something that was an illegal contract. This would involve capture through NSA of meta-language; then stripping out identifying information;; then transferring that data to a firm like Flieshman Hilliard which would examine it, and issue public news releases on various government "public oversight" and "media messaging issues": Smith Act issues in re domestic propaganda: Possibly a "public service" announcement to maintain loyalty in non-sense. Something for AT&T to discuss.
Posted by:
Date: July 27, 2007 4:45 PM
NSC-RUN PROGRAM, LIKE IRAN-CONTRA, OUTSIDE CONGRESSIONAL-LEGAL OVERSIGHT
An "NSA/NSC" supporting function/unit does not necessarily mean intelligence gathering or intercepts. NSA-NSC-related units can be assigned anywhere; and their intelligence gathering is not isolated to electronic methods. It could involve civilian contractors assigned to commercial entities not obviously connected with the US government; and not obviously involved with verification of Signals intelligence. The personnel may or may not have any idea that they are assigned to a group that relies on NSA-collect information or that they are involved with verifying information the NSA/NSC has an interest.
. . . . .
"Why I suspect Darth Cheney involved in program origination? Comey Testimony. Philbin objected to legality of NSA program, and Addington had the biggest hand in ending Philbin's career. Payback for ruining Addington's pretty NSA operation. Comey dropped that name for a reason...."
Posted by: drational
Date: July 27, 2007 4:14 PM
- - - -
Recall, it's CIA that was sharing info with the EU on the rendition; and Plame was retaliated against by OVP: and the OVP blocking the archivist audit. Addington knew about the European Detention centers.Not getting info on the naval-based detention centers.
Recall, Iran-Contra was an NSC-run operation: Cheney was involved. Could be the same kid of thing -- something run out of NSC, not the DoJ or NSA. Not clear that the "NSA" vs "NSC" is a typo: Suspect its different: NSC, not NSA, appears to be running these things.
Recall DoJ met with the intelligence personnel at various sports facilitates in DC. Keep thinking Plame and Cheney were about sending a message to Cheney' private intelligence network -- likely linked through Halliburton -- to send a message: "Plame outing" is what will happen if you crosss the VP. Seems to simplistic to say this is only about oil, and retaliating against others who spill the beans. Libby's name was mentioned in the context of "basketball," another program -- that came up during the Grand Jury reviews; his counsel was worried Fitzgerald had access to NSA-GCHQ-intercepted information of legal counsel.
. . .
Philbin was former OLC, meaning he probably clashed with Addington on the legal aspects of Rendition/prisoner abuse as well. Philbin documented his concerns, which the Congress can ask for since those memoranda and their existence on this subject have been disclosed. Mentioning Philbin may have been merely a suggestion of which people/memoranda to specifically ask for.
Philbin was aware of the "security" issues of GTMO; and likely would have been involved with discussions in detaining prisoners in Eastern Europe.
1. Support Aspect: NSA resources supporting, or outsourced
"NSA" or "NSC" program doesn't necessarily have to mean just data interception, but _use_ and _support_ of other activities: Combat, intelligence analysis, interrogation, or direct support for the CIA. Problem NSA and DOJ have is when CIA -- possibly connected with this "other program" -- have talked to the EU. EU may have more information about this "other program" than the Congress has been directly told or understands.
2. Direct reporting to NSC, outside Congressional oversight
IF this is an NSA "program" it could be a support function for the NSC, or one of the combatant commanders; or made to _look_ that way to hide the real objective of the activity. They may have classified it as an "NSA Program" to bury its real objective as a domestic-CIA-cover action program, which is illegal, an "open secret" but explained away as a "training program" like Operation Falcon: Use of Federal resources at the local level for training, manning support, and domestic intelligence gathering in conjunction with CIFA.
3. Posse Comitatus
This could be a special access program within DoD that is a violation of the Posse Comitatus Act, hidden as an "NSA program" but a domestic security force backed by combat forces/special forces units which have the power to issue arrest warrants, detain people, and target those who oppose the illegal activities.
4. Individual Cells, untraceable, multi-agency
I haven't seen anything to suggest that the President could not, through DoD and CIFA, establish a Gestapo-like "NSA program" within the DoD community, and then outsource this to local law enforcement -- JTTF. They've got people that cross flow between the guard units, local law enforcement, FBI, and to civilian jobs all day. They could be creating individual cells within JTTF units that are comprised of NSC contractors, data analysis, and law enforcement whose sole goal is to act as a direct reporting entity to the NSC. They could very well be reporting directly to people working for Cheney, and Congress and JCS might never realize who or what was actually assigned, or relying on DoD assets.
5. DoD Entities With Personnel Assigned Stateside
DoD could ery well have created "foreign entities" in other countries, who then are in charge of these personnel stationed in the US. DoD was given this power to establish foreign intelligence and combat support entities overseas; however, if that's mutated, the NSC may have subcontracted to these DoD entities US-based personnel who directly support NSC: In effect, creating an NSC-NSA support function under DoD foreign entities, but basing their contractors in the US..
SUMMARY
Mueller appears to be referring to a sub-contracted effort which indirectly supports the NSC with a special domestic security unit. These units engage in direct engagement with state-side personnel and civilians. Contractors, law enforcement, and intelligence personnel are assigned under non-direct-NSC-NSA units, but are hidden inside commercial entities. The groups appear capable of moving quickly, with no direct supervision, but act as internal security forces, completely outside FISA oversight. They appear to be entities unrelated to FISA, but are front line units which verify information, gather intelligence domestically, and help NSC pinpoint targets which NSC contractors are assigned.
RECOMMENDATIONS
A. Congress examine the Operation Falcon; determine which NSA/NSC personnel were assigned to oversee.
B. Examine the budget lines inside the DOD foreign entities support accounts; and determine which banks are used to challenge those funds. Determine how the DOD funds are funnelled overseas through the NSC entities, then back to the US to these individual groups.
C. Review the "investigative leads" and ground rules JTTF and local law enforcement use to dissuade detection of the domestic intelligence gathering efforts.
D. Review the destruction logs of the CIFA; and determine who was supposed to keep the logs related to these classified documents.
Determine which signalling systems, monitoring, and other intelligence gathering the JTTF are using; and where this information is sent. Ultimately, it winds up somewhere: Which contractors, NSC staffers have access to these reports.
E. Examine with Congressional Counsel whether it is the intent that these domestic security services operate this way; and whether, as FISA is written, this type of activity would fall outside what the FISA Court can engage.
F. Review the DHS domestic interrogation facilities. Look at the gas mileage for the DHS pick up teams. Review the files they've had access to; and the basis for detaining someone. Review the complaints of citizens being forcibly removed from their cars, engines running, or being taken from their homes while school children are present in the early morning. Evidence includes car impound fees.
G. Discuss with POST and local LE efforts used to dissuade public awareness of intelligence gathering: Excuses given to hide pre-textual stops; and examine whether local officials do or do not keep adequate records related to officer complaints and requests for civilian oversight to examine officer misconduct.
H. Examine problems during audits: To what extent officers in LE, FBI, and DHS are concerned when reports of officer misconduct arise; and what methods auditors are aware to segregate complaints about officer misconduct from auditors:
1. Have they been asked to leave the room; were concerns explained away; were officers complaining they were "short manned" an unable to supervise; and how do these explanations square with the officer conduct.
2. How often are these units employed to provoke innocent civilians to respond to abuse?
3. To what extent are these domestic units used to harass civilians based on a "hunch"?
4. Would these units put the children of minors at risk to entrap a suspected target?
5. Is there no report of any of these personnel ever exposing a minor to a potentially unsafe situation to engage a target?
6. Has the FISA court, Congress, and Judiciary been fully apprised of how these units operate; their procedures; and oversight requirement to ensure 42 USC 1983 claims are minimized?
7. What insurance do these units have if they are engaged in liable action?
Posted by:
Date: July 27, 2007 5:37 PM
LEARN LESSON OF OLC IN RE SUBPOENA RESPONSES
Recall, OLC issued a "memo" saying that WH Counsel did not have to testify. This, according to the WH, was "gospel." Untrue, but that's another issue. OLC made a "rule" and then everyone said, "See, that's what they said."
Now, consider this, from TPMM quote, above: <"that program was not something that was legally controversial."> That could mean anything, anybody, and without reference to any legal standard.
"not legally controversial" . . . _according to whom_. . . ?...:
- OLC?
- Consensus within NSC?
- Consensus within NSA?
- Rove's determination?
- Gonzalez assessment after talking to Goodling about door mats for the Hoover Building?
. . .
What's their idea of "non legal controversy", as opposed to a "controversy that is real, but not based on a law, just the Constitution"?
What is someone like Darth Cheney said, "We need to justify this -- find a reason. Ignore words in the law if you need to. Just give me a memo. You get an appointment to the bench if you can figure this out." What if Roberts or Alito gave a really good opinion on this and made everyone -- in that room -- believe it was "not controversial", even though it was?
. . .
Again, saying <"that program was not something that was legally controversial."> could mean:
A. "other programs" were controversial;
B. "other groups" _are_ doing illegal things, but you haven't asked us about them, so we haven't made up a lie. . . yet;
C. OLC "determined" (using a feather, some fairy dust, and after gazing into GOodling's eyes) that anything the NSC wanted to do under Cheney was OK, just as long as nobody traced the money.
. . .
There's another way of looking at this <"that program was not something that was legally controversial.">
D. "This program" is different from "that program" which has been hidden in another budget, unrelated to the NSA or NSC:
E. DoD _is_ allowed to do things overseas, and contractors have been assigned -- working for those _overseas_ entities -- in the US.
F. The data that is managed is channelled, but the contractors have no idea who it is they are monitoring: All they see is the raw data; someone else then recombines the data if there is a problem.
G. If we find a problem in the data, we then use the data we've collected to justify the warrant; if we can't get one, we self-issue one, and get the AG to certify it as being OK> Never mind that Qwest objected.
<"that program was not something that was legally controversial."> could also mean:
H. Legal counsel assigned to our units have been told to keep their comments to themselves
I. All contracts supporting this activity are -- by definition -- "legal contracts"; (just don't talk about whether they support a lawful or unlawful objective. Far too scary to contemplate!)
J. "not controversial" could mean all the legal views that opposed it were ignored; and the remaining opinions were in "full support".
K. The legal counsel who knew of the Constitutional violations were sent to Guantanamo, threatened with nasty things: "To the washroom, counsellor! No gloves for you."
L. Legal counsel who remained quiet were promised a "good rating" by "the decider" in their upcoming DOJ ranking list -- the names given to the Senate for Federal Benches.
"not legally controversial" could mean all case law showing it was illegal was ignored; or selectively rewritten, as Addington well did with the Iran-Contra minority report.
<"that program was not something that was legally controversial."> could mean: other programs were contentious; but since AG Gonzalez is on the pig-spit this week, we need to pretend we are concerned, even though we are not.
The people who said this was "no problem" and were not saying tat it was lawful, just that it wouldn't be a problem to find a judge who they could bribe to not take action.
"not legally controversial" does not mean that it was legal; only that the in "someone's mind" (God knows where) their idea of "controversial" is a different definition which does not use controversy. Maybe legal counsel who opposed were _not_ using spears with _poison_ tips, so the spin misters said, "See not controversial, if they ere really upset they would have had nasty poison, the kind that makes Ebola look like a fuzzy kitten." The infamy! How dare they!
Posted by:
Date: July 27, 2007 6:09 PM
I don't personally think the fact that they are or are not referring to "this" or "that" or "TSP" or "Not TSP" is the issue: The fact is that there isn't a consistent story, raising the question: What other activity is occurring that may be an NSA-related function, but has been organized to fall _outside_ FISA oversight, but is still illegal under the Constitution:
- Roving bands of contractors harassing US citizens;
- Temporary detention centers to detain US citizens without warrant or trial;
- Use of tax information by JTTF to compel US citizens to explain things that the agents are not able to determine through NSA intercepts
- Groups whose sole function is to fill in the gaps in the NSA intercepts, and provide some meat to explain what is going on with something that is unusual, but they don't want the court to know they're looking at . . . again.
Recall, the RNC has deleted/destroyed e-mail. If this "other program" were "OK," how does the RNC explain the failure to retain detain related to an ongoing "OK" activity?
The question goes back to DOJ, OLC, and outside counsel: < "When you learned of the "other programs" involved with this intelligence activity, did you fear that the information in the RNC accounts would be disclosed; or was there something you learned from the EU -- and CIA visits with the EU -- which prompted the evidence destruction related to rendition, FISA< prisoner abuse, and other things OLC apparently "all agreed" -- in a perverse Yoo-like fashion -- was "lawful". . . (never mind Geneva, FISA< or The Constitutional requirements)." >
Sounds like a law firm which was auditing a company related to various NSA programs and prisoner transfers should have detected this chance of fraud, and internal control problems. Or is a law firm saying, despite attestations to the SEC on those financial statements, that they had "no idea" what was going on, despite counsel's awareness of the activity -- as evidenced by their meeting with the DoD General Counsel's staff on these very issues?
Posted by:
Date: July 27, 2007 6:32 PM
Sorry for more, but this seems relevent.
http://www.cooperativeresearch.org/context.jsp?item=a0301resnickerrors
"An FBI agent, angry over a glitch in an e-mail tracking program that has somehow mixed innocent non-targeted e-mails with those belonging to al-Qaeda, reportedly accidentally destroys all of the FBI’s Denver-based intercepts of bin Laden’s colleagues under investigation. "
It also says that the FBI’s deputy director has told agents that contacting prosecutors without the OIPR’s permission is a “career stopper.” "
Posted by: mo2
Date: July 27, 2007 8:11 PM
Posted by: mo2
Date: July 27, 2007 8:11 PM
Thanks. BTW: The "wall" argument < in re FISA "needed reforms" > falls apart: DSP combined the CIA and FBI info _before_ 9-11, making "the wall" irrelevant. It's not a real problem then, now; and the "solution" is a red herring.
Posted by:
Date: July 27, 2007 9:49 PM
Posted by: mo2
Date: July 27, 2007 7:08 PM
My question is:
mo2" How do we know October 2001 was the beginning of the illegal spying program?"
Excellent point: We don't; allegations are that the _illegal_ surveillance started _before_ Sept 2001.
-------------
mo2: "Given that Bush/Rice were warned about al quaeda before Bush was sworn in in 2001, why is it thought that they did absolutely nothing before October 2001?"
Good point again.
mo2:" Because they say so is not good enough."
Right. Getting warmer.
-------------
mo2: Could it be that they did do something, but that something was illegal?
You are correct.
mo2: "And they feel it is better to be called do-nothings than criminals?"
Also, they like the idea people are focusing on the wrong surveillance, wrong time period: The confusion menas they can blame Congress for "not asking teh right questions."
mo2: "Can somebody please provide the link to the testimony that says the TSP started on October 1, 2001?"
Someone said that, you're correct; but TSP isn't necessarily what's being talked about.
- - - - -
THe point is: If the GOP will not convice Gonzalez for lying, then Gonzalez needs to explain why his comments are _true_:
- What programs could exist under both the inconsenst statementes of Gonzalez; and also the disparity between what Gonzalez and Mueller are saying.
The GOP Senators canot have it both ways: Sayhing, "AG is telling the truth; but not having any information to support _that_ conclusion.
Posted by:
Date: July 27, 2007 9:54 PM
Posted by: mo2
Date: July 27, 2007 7:50 PM
The problem they have: Not only were they doign illegal things _before_ Sept 2001; those illegal things did _not_ work.
There's no basis for the President to say, "We need to do more of this illegal stuff" as it didn't work before Sept 2001; rather, what's needed is the opposite: "Given we tried ilegal things, and _that_ didn't work, who has some other ideas?"
They can't ask _that_ question because they'll admit:
1. They screwed up
2. They have no clue
3. They're not able to hire someone to help them out
The only option they have is to pretend the problem is one thing; and then solve that "new problem" in a way that appears to solve it. Forget the fact that the problem they may be "sovling" is illusory. They may have defined the program in terms of what _appears_ to be a solveable problem.
IN other words, if they've realized that they can't win, they<'ll [a> redefine the enemy in terms of what Congress can be led to believe is a credilbe threat; and redefine the solution in terms of not solvinga real problem, but in terms of what appers to solve what they've created the impression is the problem.
Problems, solutions, reality, and the illusion may or may not be matching: This may explain why things are not appearing all that straightforward: They're still tring to figure out how they're in power despite their stupidity.
Posted by:
Date: July 27, 2007 9:59 PM