The Breaking Strain By William Rivers Pitt t r u t...

Who really cares anymore?

I have had to take a break from all of this, the more I read, the more I listen to the politicians the worst shape I be leave we are in. Am I the only person paying attention to this crap? has anyone ever noticed that every time W and his crony’s have a little problem there's always some attack or something of the sort. I had a friend of mind tell me that he has no problem with sneak and peak, listen and don't tell, open your mail because he has nothing to hide, well I have nothing to hide but by the same token if I don't see thing as you see them am I un-American? or am I true to the founding fathers? to the point where I want to know what is going on around me.

'Nightline' Investigation: Wounded Soldiers Told They Owe Money to Army Troops Face Financial Crises After Learning Army Overpaid Them During Hospitalization By BRIAN ROSS Jan. 31, 2006 — - An update on Staff Sgt. Eugene Simpson follows at the bottom of this story . It was one of the thousands of roadside bombs in Iraq that paralyzed Staff Sgt. Eugene Simpson.” My first instinct was to jump farther back into the Humvee, you know, for protection," Simpson said. "But in doing that, I opened my back up to all the scrap metal and debris, which hit my spine and severed my spine, paralyzing me.” He was soon on a plane home. Fast-working, skilled Army doctors saved his life, as they have so many. Slow, bumbling Army bureaucrats would make his life miserable, as they have so many.” And the military basically is, like, they turn their back on you, you kind of feel that you've just been used," Simpson said. No Pay for Four Months It started with a phone call from his wife, home with their four children. She didn't have enough money to pay the bills.” And she was like, well, we haven't been paid," Simpson said. "And you know, instantly I was like, I don't know what to do. You know, I'm still in the hospital. I can't actually get up and go around and talk to these different people.” And until "Nightline" inquired at the Pentagon, Simpson said he could not find out what happened.” Every day is something different," he said. "Well, this person isn't in. I'll have them call you back, give it a couple days. Couple days go by, I call back, and well I got somebody else for you to talk to. And days lead to weeks, and weeks lead to months.” It turns out the Army had mistakenly continued to pay Simpson a combat duty bonus while he was in the hospital. He had been overpaid thousands of dollars, and the Army wanted the money back.” By law, he's not entitled to the money," said Col. Richard Shrank, "so he must pay it back.” Shrank said although that is the law, soldiers can apply for debt forgiveness if they believe the debt is a mistake. So far, more than 800 soldiers have done so. More than 600 of those requests have been granted, amounting to more than $600,000.So, the Army said it withheld the paralyzed soldier's pay until it got back the amount he owed -- with no advance notice, Simpson said.” Four months," he said. "I didn't get paid for four months.” An Ongoing Problem Simpson is not the only one. A study commissioned by the First Infantry Division estimated that eight out of 10 of its wounded soldiers from Iraq have gone through the same or a similar ordeal. Apt. Michael Hurst, now out of the Army, conducted the study.” You have to understand that these soldiers are suffering from incredible injuries, some of them have lost limbs, some of them may never walk again," Hurst said. "And in the midst of that struggle, to then get a paycheck for nothing really hurts morale.” And the Army can play tough to get its money back. In the case of Sgt. Ryan Kelly, who lost his leg in Iraq, he had just finished going through rehabilitation when the Army sent a letter threatening to ruin his credit and call in debt collectors. He had been overpaid by $2,200 while in the hospital, but, like most, never realized it. It took Kelly almost a year to cut through the red tape and get the debt forgiven.” Soldiers receive a paycheck and reasonably think that this is their accurate pay for the month," Hurst said. "And being in the situation they're in, having just been injured and in some cases spouses have to quit jobs in order to spend time at Walter Reed, many of these families are really hurting for funds. So a lot of that money gets spent right away.”‘ Failed Test’ The Government Accountability Office described the Army as having failed the test of taking care of its wounded from Iraq. The report concluded that the soldiers fighting to defend the nation have paid the price for that failure. Shrank disagreed, however. "No, I would not agree that we have failed the test, because we are making the fixes to bring it up to standard," he told "Nightline.” Shrank took over as commander of the United States Army Finance Command last summer to help fix the problem, a problem the GAO said had been ignored until the soldiers went public.” Nightline" asked when the problem was first realized and why it took so long to realize it.” We first realized it was a problem when it came into our view through many different channels," Shrank said. "You see it on [television], read about it in the papers. A soldier without a paycheck is a situation that nobody wants to see.” Shrank was asked if it had happened thousands of times. "I, no, I do not think thousands of times," he said. "It happened, one time is too many.” Shrank could not name an exact number, but the Army told "Nightline" that 5,549 soldiers, or about one out of five soldiers who were removed from battle for medical reasons later had payroll problems.’ Nobody Planned for This to Happen’” You know, as a West Pointer and as a leader in the Army that one of the main things that we're taught is when you have soldiers that you are responsible, you have to take care of them, you have to take care of their family," Hurst said.” And that's kind of the exchange that takes place between leaders and soldiers. And for a lot of these soldiers this is just a betrayal really. They feel abandoned, when they're in such a vulnerable position and their leaders aren't taking care of them.” Shrank said the process failed the soldiers, "but the leaders didn't fail the soldiers because we are making the changes to improve the processes to take care of our soldiers and their pay.” Shrank said he is not aware of anyone losing their command over the thousands of incidents. When asked if the problem could not have been anticipated, he said, "As we experienced taking care of pay for our wounded soldiers, we saw that the, what we had in place did not work. As I told you.” Well," he added, "nobody planned for this to happen.” Shrank said, "It was planning that did not meet the standard and the execution that we wanted to achieve.” Fixing the Problem Shrank said he's moving fast to fix the problem. There’s still no integrated payroll computer system, but now wounded soldiers are assigned a finance officer once they arrive at the Landstuhl Army Hospital in Germany to help keep track of payroll changes and problems. And the colonel says wounded soldiers like Kelly will no longer be reported to credit agencies or have debt collectors go after them.” The soldiers have a right to feel that the system let 'em down," he said. 'And it did let them down. This, we know this. We see this. This is why we fixed the system.” Meanwhile, Simpson gave up trying to rectify the situation. "I mean, I've had people on the phone just flat out tell me, I can't help you, no need for you to call here anymore," he said. Shrank said for those like Simpson, "I would tell those soldiers that I care about them," he said, adding, "And I want to see that they received their proper pay.” In fact, he told "Nightline," he wants soldiers in this situation to call him. "Yes," Shrank said. "If that's what it takes, yes.” Update: Feb. 3, 2006 -- After this story aired on "Nightline," the Army immediately gave Eugene Simpson his long-awaited back pay. It will go a long way towards paying his bills. Copyright © 2006 ABC News Internet Ventures


The Breaking Strain By William Rivers Pittt 21 December 2005

The framers of the Constitution devised an elaborate system of checks and balances to ensure our liberty by making sure that no person, institution or branch of government became so powerful that a tyranny could be established in the United States of America. Impeachment is one of the checks the framers gave the Congress to prevent the executive or judicial branches from becoming corrupt or tyrannical. - Rep. James Sensenbrenner (R-Wis.), Opening Statement, Impeachment of William Jefferson Clinton, 10 December 1998A long time ago - before the Iraq invasion, before the elections in '02 and '04, before all the unprecedented governmental violations of trust we have discovered and endured - I wrote something for a book.” This is America," I wrote. "At bottom, America is a dream, an idea. You can take away all our roads, our crops, our people, our cities, our armies - you can take all of that away, and the idea will still be there as pure and great as anything conceived by the human mind. I do very much believe that the idea that is America stands as the last, best hope for this world. When used properly, it can work wonders. That idea, that dream, is in mortal peril. You can still have all our roads, our crops, our people, our cities, our armies - you can have all of that. But if you murder the idea that is America, you have murdered America itself in a way that ten thousand 9/11s could never do. No terrorist can destroy the ideals we hold dear. Only we can do that.”The breaking strain has been reached, and those ideals we hold so dear are indeed in mortal peril. The President of the United States of America has declared himself fully and completely above the law. The Constitution does not matter to him, nor do the Amendments. Laws passed to safeguard the American people from intrusive governmental invasion have been cast aside and ignored; simply because George W. Bush finds it meet to do so. Intolerable Impeachable. As has been widely reported, Mr. Bush authorized the National Security Agency to spy on American citizens. He activated this program in 2002, and has since reauthorized the program thirty times. No one knows for sure exactly who in this country has unwittingly endured investigation by the powerful and secretive NSA. Cindy Sheehan? Patrick Fitzgerald? Joseph Wilson? Non-violent protest organizations? You? Me? No one knows, but the unanswered questions shake the existence of our democracy to its bones. It is not enough that Mr. Bush blew through the Fourth Amendment, which defends the citizenry from unreasonable searches and seizures. It isn't enough that Mr. Bush blew through the 1978 Foreign Intelligence Surveillance Act, which requires a warrant from a special FISA court be obtained before such surveillance is undertaken. For the record, this special FISA court has granted more than 19,000 such warrants, and has denied exactly four. The worst part of this whole mess is the simple fact that Mr. Bush does not see anything wrong in this. This administration has steadfastly adhered to the idea that the Executive branch is supreme, beyond the bounds of the justice system and further empowered because we are "at war." Of course, Mr. Bush was careful to speak otherwise. For example, during a speech in Buffalo back in April of 2004, Bush said, "Now, by the way, any time you hear the United States government talking about wiretap, it requires - a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act; constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. "We're talking about getting a court order, he said. We value the Constitution, he said Lies. Mr. Bush, in fact, brought the editors of the New York Times into the Oval Office to browbeat them into not running their story on these illegal NSA activities. "Bush was desperate to keep the Times from running this important story - which the paper had already inexplicably held for a year - because he knew that it would reveal him as a law-breaker," wrote columnist Jonathan Alter for Newsweek on Monday. "He insists he had 'legal authority derived from the Constitution and congressional resolution authorizing force.' But the Constitution explicitly requires the president to obey the law. And the post 9/11 congressional resolution authorizing 'all necessary force' in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.” Intolerable. Impeachable. Even Attorney General Gonzales agrees with these sentiments. During his January 2005 confirmation hearings before Congress, Sen. Russ Feingold queried Gonzales on whether Mr. Bush has, "at least in theory, the authority to authorize violations of the criminal law under duly enacted statutes simply because he's commander in chief?" Gonzales replied, "Senator, this president is not - I - it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes."Mr. Gonzales, it appears, did not get the memo.Rep. John Conyers and the Democratic staff of the House Judiciary Committee have compiled a massively detailed, impeccably-researched report on the activities of this administration titled "The Constitution in Crisis: The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War." The report runs some 273 pages. A portion of the Executive Summary reads as follows: In brief, we have found that there is substantial evidence the President, the Vice President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war with Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment and other legal violations in Iraq; and permitted inappropriate retaliation against critics of their Administration. There is a prima facie case that these actions by the President, Vice-President and other members of the Bush Administration violated a number of federal laws, including (1) Committing a Fraud against the United States; (2) Making False Statements to Congress; (3) The War Powers Resolution; (4) Misuse of Government Funds; (5) federal laws and international treaties prohibiting torture and cruel, inhuman, and degrading treatment; (6) federal laws concerning retaliating against witnesses and other individuals; and (7) federal laws and regulations concerning leaking and other misuse of intelligence. While these charges clearly rise to the level of impeachable misconduct, because the Bush Administration and the Republican-controlled Congress have blocked the ability of Members to obtain information directly from the Administration concerning these matters, more investigatory authority is needed before recommendations can be made regarding specific Articles of Impeachment. As a result, we recommend that Congress establish a select committee with subpoena authority to investigate the misconduct of the Bush Administration with regard to the Iraq war detailed in this Report and report to the Committee on the Judiciary on possible impeachable offenses. This report was completed before the revelations of Bush-authorized domestic spying, and its release has added to the maelstrom. Upon issuance of the report, Rep. Conyers put forth three resolutions for consideration by the House of Representatives:H.RES.635 : Creating a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment.H.RES.636 : Censuring President George W. Bush for failing to respond to requests for information concerning allegations that he and others in his Administration misled Congress and the American people regarding the decision to go to war in Iraq, misstated and manipulated intelligence information regarding the justification for the war, countenanced torture and cruel, inhuman, and degrading treatment of persons in Iraq, and permitted inappropriate retaliation against critics of his Administration, for failing to adequately account for specific misstatements he made regarding the war, and for failing to comply with Executive Order 12958.H.RES.637 : Censuring Vice President Richard B. Cheney for failing to respond to requests for information concerning allegations that he and others in the Administration misled Congress and the American people regarding the decision to go to war in Iraq, misstated and manipulated intelligence information regarding the justification for the war, countenanced torture and cruel, inhuman, and degrading treatment of persons in Iraq, and permitted inappropriate retaliation against critics of the Administration and for failing to adequately account for specific misstatements he made regarding the war. Columnist John Nichols offered an astute analysis of the meaning behind the Conyers report, the proffered resolutions, and their issuance on the heels of the NSA revelations. "The Conyers resolutions add a significant new twist to the debate about how to hold the administration to account," wrote Nichols. "Members of Congress have become increasingly aggressive in the criticism of the White House, with U.S. Senator Robert Byrd, D-West Virginia, saying Monday, and ‘Americans have been stunned at the recent news of the abuses of power by an overzealous President. It has become apparent that this Administration has engaged in a consistent and unrelenting pattern of abuse against our Country's law-abiding citizens, and against our Constitution.’” Even Republicans," continued Nichols, "including Senate Judiciary Committee chair Arlen Specter, R-Pennsylvania, are talking for the first time about mounting potentially serious investigations into abuses of power by the president. But Conyers is seeking to do much more than schedule a committee hearing, or even launch a formal inquiry. He is proposing that the Congress use all of the powers that are available to it to hold the president and vice president to account - up to and including the power to impeach the holders of the nation's most powerful positions and to remove them from office.” Many political pragmatists will tell you that impeachment is a pipe dream. If the God of the Righteous roared down from Heaven and denounced George W. Bush from the top of the Capitol dome, Republicans in Congress would denounce Him as a traitor, paint Him as standing against the troops, and accuse Him of aiding in the War on Christmas. In other words, the odds that enough Republican members of the House would turn against this administration and support impeachment are about as good as the odds of my cat winning next year's Kentucky Derby.Even if the odds are defied and impeachment hearings are successfully undertaken, one must go many steps down the ladder to find an official worthy of the office. Impeach Bush and you get Cheney. Impeach Cheney and you get Dennis Hastert. Impeach Hastert and you get Ted Stevens, the 82-year-old Senator from Alaska who recently threatened to resign from the Senate if funding for his "Bridge to Nowhere" was stripped and delivered to aid in the aftermath of Hurricane Katrina.Pragmatism is good, but hardly the point in this matter. We have gone far beyond consideration of the odds, of the smartest and safest course. This is not about Clintonian lies about sex, nor is it even about Nixonian spying on political appointees. In the simplest terms, we now have a self-appointed dictator occupying the highest office of the land. Of course, the catch-all excuse for these reprehensible actions is that Bush is protecting our freedoms against the terrorists. But if our freedoms are destroyed, what is left to protect? If the rule of law no longer has meaning, why bother? If that which makes this nation good and great is burned out from within, there is nothing left to defend.Calls for the impeachment of George W. Bush must be heeded, and the House must act. This must happen not because it is pragmatic, not because it stands a chance of succeeding. This must happen because the issues at hand demand it. If we as a nation do not impeach a sitting President for such a vast array of blatantly illegal activities, activities directed at the American people themselves, then as a nation of laws we have lost our way. We have no meaning. We are finished, and the ideals for which so many have served and fought and died are ashes.Intolerable. Impeachable.William Rivers Pitt is a New York Times and internationally bestselling author of two books: War on Iraq: What Team Bush Doesn't Want You to Know and The Greatest Sedition Is Silence.Intel pros say Bush is lying about foiling 2002 terror attack (06:56) -Outraged intelligence professionals say President George W. Bush is "cheapening" and "politicizing" their work with claims the United States foiled a planned terrorist attack against Los Angeles in 2002. "The President has cheapened the entire intelligence community by dragging us into his fantasy world," says a longtime field operative of the Central Intelligence Agency. "He is basing this absurd claim on the same discredited informant who told us Al Qaeda would attack selected financial institutions in New York and Washington."Iraq Soldiers Speak Out Supporting MurthaOn January 5, 2006, Congressman Murtha held a town hall meeting with Cong. Jim Moran (D-VA 08).The soldier who asked the first question served in Afghanistan and said that morale among troops is high and that he would gladly serve in Iraq today. His comment was the only one replayed by Fox News the next day.But the majority of soldiers in attendance spoke out against the current policy. Fox News did not broadcast their remarks.

Here are some excerpts.John Brumes, Infantry Sgt. US Army:Everything that the Bush Adminstration told us about that mission in Iraq is absolutely incorrect. Furthermore, I'd like to say ... I came home to no job, no health insurance. Until we take care of this war, we can't take care of the problems that matter like health care.I've witnessed both ends... Congressman Murtha, I implore you to keep doing what you're doing.

John Powers, Capt. 1st Armored Division, served 12 months in Iraq:The thing that hits me the most is the accountability. ... Where is the accountability for those men [who took us to war], as well as where is the accountability for Paul Bremmer, who misplaced millions of dollars and claims to keep accountability in the war zone?... I know that if we lost $500 we would be court marshaled. So where is the accountability for this leadership?

Garin Reppenhagen, served as a sniper in Iraq for a year in the First Infantry Division:My question is also about accountability. The soldiers that you see, Congressman Murtha, at the hospitals... those are my friends. After coming back, being a veteran, my question is why? Why did we go to this war, why the hell did it happen, why are we in this condition. A lot of soldiers are debating whether this war was fraudulent to begin with. And there doesn't seem to be a clear answer. A lot of Americans now are debating the fact over whether or not the war was fraudulent in the first place. How come there hasn't been an investigation on the fraudulent lead up to the war by this Administration?

C-SPAN has the full broadcasthere.The Gun is Smoking - 2004 Ohio Precinct-Level Exit Poll Data Show Virtually Irrefutable Evidence of Vote MiscountThe National Election Data Archive (NEDA) is the first mathematical team to release a valid scientific analysis of the precinct-level 2004 Ohio presidential exit poll data. NEDA's analysis provides virtually irrefutable evidence of vote miscount.(PRWEB) January 17, 2006 -- There is significant controversy about whether the 2004 presidential election was conducted fairly and its votes counted correctly. According to results of the major national election exit poll conducted for the National Election Pool by Edison/Mitofsky (E/M), Kerry won Ohio's pivotal vote, though the official tally gave the state, and thus the presidency, to Bush. The conduct of Ohio's election was formally debated by Congress in January 2005. The National Election Data Archive (NEDA) is the first mathematical team to release a valid scientific analysis of the precinct-level 2004 Ohio presidential exit poll data "The Gun is Smoking: 2004 Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount" available at http://electionarchive.org/ucvAnalysis/OH/Ohio-Exit-Polls-2004.pdf. NEDA's analysis provides significant evidence of an outcome-altering vote miscount. The analysis is based on the most accurate statistical method yet devised for determining whether exit poll error, random variations, or vote count manipulation cause the discrepancies between exit polls and official vote tallies. This analysis method was made public recently by NEDA in "Vote Miscounts or Exit Poll Error? New Mathematical Function for Analyzing Exit Poll Discrepancy" available at http://electionarchive.org/ucvAnalysis/US/Exit-Poll-Analysis.pdfExit Polls were conducted in 49 of Ohio’s 11,360 precincts. At least 40% of Ohio's polled precincts show statistically significant differences between Kerry’s exit poll percent and official vote count percent. 35% of these exit polls overestimated the Kerry official vote share. This is five times the number expected. Three of the most glaring examples are:1. In E/M precinct 27, with an estimated 100 respondents, Kerry’s official vote count was 29% less than his exit poll share, creating a 58% difference between Kerry and Bush exit poll and official vote margins. There is less than a one in 867,205,500 chance of this occurring due to chance.2. In E/M precinct 25, with an estimated 62 respondents, Kerry’s official vote count was 28% less than his exit poll share, creating a 56% difference between Kerry and Bush exit poll and official vote margins. There is less than a one in 234,800 chance of this occurring due to chance.3. In E/M precinct 48, with an estimated 100 respondents, Kerry's official vote was 16% less than his exit poll share, creating a 32% difference between Kerry and Bush exit poll and official vote margins. There is less than a one in 17,800 chance of this occurring due to chance.There are also two precincts where the Bush official vote count is significantly less than the Bush exit poll share. The number of significant discrepancies and the pattern of Ohio's discrepancy shown in the NEDA report provide strong support for the conclusion that vote count errors converted a Kerry win to a Bush win.New electronic voting equipment without voter verified paper ballots, implemented under the 2002 Help America Vote Act, makes it easier for a small number of people to manipulate vote counts and nearly impossible to independently audit vote count accuracy. Virtually every county in America today publicly reports its vote counts in a way that hides evidence of miscounts. This allows those with access (whether authorized or not) to manipulate or make mistakes in vote counting with negligible possibility of detection.Without accurate elections, America is not a democracy. NEDA urges the media to publicize the results of this report and its recommendations, in order to return to the American people their right to determine the country’s leaders.About the National Election Data ArchiveThe National Election Data Archive is a 501(c)(3) nonprofit organization whose mission is to scientifically investigate the accuracy of elections through the creation and analysis of a database containing precinct-level vote-type election data for the entire United States. By making detailed election data publicly available NEDA furthers its goal of providing the means for independent analysts to evaluate the accuracy of vote counts in time to ensure that properly elected candidates are sworn into office following future elections.

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

Benjamin Franklin



December 16, 2005

Bush Lets U.S. Spy on Callers Without Courts

By JAMES RISEN and ERIC LICHTBLAU
WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.
Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.
The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.
"This is really a sea change," said a former senior official who specializes in national security law. "It's almost a mainstay of this country that the N.S.A. only does foreign searches."
Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation's legality and oversight.
According to those officials and others, reservations about aspects of the program have also been expressed by Senator John D. Rockefeller IV, the West Virginia Democrat who is the vice chairman of the Senate Intelligence Committee, and a judge presiding over a secret court that oversees intelligence matters. Some of the questions about the agency's new powers led the administration to temporarily suspend the operation last year and impose more restrictions, the officials said.
The Bush administration views the operation as necessary so that the agency can move quickly to monitor communications that may disclose threats to the United States, the officials said. Defenders of the program say it has been a critical tool in helping disrupt terrorist plots and prevent attacks inside the United States.
Administration officials are confident that existing safeguards are sufficient to protect the privacy and civil liberties of Americans, the officials say. In some cases, they said, the Justice Department eventually seeks warrants if it wants to expand the eavesdropping to include communications confined within the United States. The officials said the administration had briefed Congressional leaders about the program and notified the judge in charge of the Foreign Intelligence Surveillance Court, the secret Washington court that deals with national security issues.
The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted.
Dealing With a New Threat
While many details about the program remain secret, officials familiar with it say the N.S.A. eavesdrops without warrants on up to 500 people in the United States at any given time. The list changes as some names are added and others dropped, so the number monitored in this country may have reached into the thousands since the program began, several officials said. Overseas, about 5,000 to 7,000 people suspected of terrorist ties are monitored at one time, according to those officials.
Several officials said the eavesdropping program had helped uncover a plot by Iyman Faris, an Ohio trucker and naturalized citizen who pleaded guilty in 2003 to supporting Al Qaeda by planning to bring down the Brooklyn Bridge with blowtorches. What appeared to be another Qaeda plot, involving fertilizer bomb attacks on British pubs and train stations, was exposed last year in part through the program, the officials said. But they said most people targeted for N.S.A. monitoring have never been charged with a crime, including an Iranian-American doctor in the South who came under suspicion because of what one official described as dubious ties to Osama bin Laden.
The eavesdropping program grew out of concerns after the Sept. 11 attacks that the nation's intelligence agencies were not poised to deal effectively with the new threat of Al Qaeda and that they were handcuffed by legal and bureaucratic restrictions better suited to peacetime than war, according to officials. In response, President Bush significantly eased limits on American intelligence and law enforcement agencies and the military.
But some of the administration's antiterrorism initiatives have provoked an outcry from members of Congress, watchdog groups, immigrants and others who argue that the measures erode protections for civil liberties and intrude on Americans' privacy.
Opponents have challenged provisions of the USA Patriot Act, the focus of contentious debate on Capitol Hill this week, that expand domestic surveillance by giving the Federal Bureau of Investigation more power to collect information like library lending lists or Internet use. Military and F.B.I. officials have drawn criticism for monitoring what were largely peaceful antiwar protests. The Pentagon and the Department of Homeland Security were forced to retreat on plans to use public and private databases to hunt for possible terrorists. And last year, the Supreme Court rejected the administration's claim that those labeled "enemy combatants" were not entitled to judicial review of their open-ended detention.
Mr. Bush's executive order allowing some warrantless eavesdropping on those inside the United States - including American citizens, permanent legal residents, tourists and other foreigners - is based on classified legal opinions that assert that the president has broad powers to order such searches, derived in part from the September 2001 Congressional resolution authorizing him to wage war on Al Qaeda and other terrorist groups, according to the officials familiar with the N.S.A. operation.
The National Security Agency, which is based at Fort Meade, Md., is the nation's largest and most secretive intelligence agency, so intent on remaining out of public view that it has long been nicknamed "No Such Agency." It breaks codes and maintains listening posts around the world to eavesdrop on foreign governments, diplomats and trade negotiators as well as drug lords and terrorists. But the agency ordinarily operates under tight restrictions on any spying on Americans, even if they are overseas, or disseminating information about them.
What the agency calls a "special collection program" began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism. The program accelerated in early 2002 after the Central Intelligence Agency started capturing top Qaeda operatives overseas, including Abu Zubaydah, who was arrested in Pakistan in March 2002. The C.I.A. seized the terrorists' computers, cellphones and personal phone directories, said the officials familiar with the program. The N.S.A. surveillance was intended to exploit those numbers and addresses as quickly as possible, they said.
In addition to eavesdropping on those numbers and reading e-mail messages to and from the Qaeda figures, the N.S.A. began monitoring others linked to them, creating an expanding chain. While most of the numbers and addresses were overseas, hundreds were in the United States, the officials said.
Under the agency's longstanding rules, the N.S.A. can target for interception phone calls or e-mail messages on foreign soil, even if the recipients of those communications are in the United States. Usually, though, the government can only target phones and e-mail messages in the United States by first obtaining a court order from the Foreign Intelligence Surveillance Court, which holds its closed sessions at the Justice Department.
Traditionally, the F.B.I., not the N.S.A., seeks such warrants and conducts most domestic eavesdropping. Until the new program began, the N.S.A. typically limited its domestic surveillance to foreign embassies and missions in Washington, New York and other cities, and obtained court orders to do so.
Since 2002, the agency has been conducting some warrantless eavesdropping on people in the United States who are linked, even if indirectly, to suspected terrorists through the chain of phone numbers and e-mail addresses, according to several officials who know of the operation. Under the special program, the agency monitors their international communications, the officials said. The agency, for example, can target phone calls from someone in New York to someone in Afghanistan.
Warrants are still required for eavesdropping on entirely domestic-to-domestic communications, those officials say, meaning that calls from that New Yorker to someone in California could not be monitored without first going to the Federal Intelligence Surveillance Court.
A White House Briefing
After the special program started, Congressional leaders from both political parties were brought to Vice President Dick Cheney's office in the White House. The leaders, who included the chairmen and ranking members of the Senate and House intelligence committees, learned of the N.S.A. operation from Mr. Cheney, Lt. Gen. Michael V. Hayden of the Air Force, who was then the agency's director and is now a full general and the principal deputy director of national intelligence, and George J. Tenet, then the director of the C.I.A., officials said.
It is not clear how much the members of Congress were told about the presidential order and the eavesdropping program. Some of them declined to comment about the matter, while others did not return phone calls.
Later briefings were held for members of Congress as they assumed leadership roles on the intelligence committees, officials familiar with the program said. After a 2003 briefing, Senator Rockefeller, the West Virginia Democrat who became vice chairman of the Senate Intelligence Committee that year, wrote a letter to Mr. Cheney expressing concerns about the program, officials knowledgeable about the letter said. It could not be determined if he received a reply. Mr. Rockefeller declined to comment. Aside from the Congressional leaders, only a small group of people, including several cabinet members and officials at the N.S.A., the C.I.A. and the Justice Department, know of the program.
Some officials familiar with it say they consider warrantless eavesdropping inside the United States to be unlawful and possibly unconstitutional, amounting to an improper search. One government official involved in the operation said he privately complained to a Congressional official about his doubts about the program's legality. But nothing came of his inquiry. "People just looked the other way because they didn't want to know what was going on," he said.
A senior government official recalled that he was taken aback when he first learned of the operation. "My first reaction was, 'We're doing what?' " he said. While he said he eventually felt that adequate safeguards were put in place, he added that questions about the program's legitimacy were understandable.
Some of those who object to the operation argue that is unnecessary. By getting warrants through the foreign intelligence court, the N.S.A. and F.B.I. could eavesdrop on people inside the United States who might be tied to terrorist groups without skirting longstanding rules, they say.
The standard of proof required to obtain a warrant from the Foreign Intelligence Surveillance Court is generally considered lower than that required for a criminal warrant - intelligence officials only have to show probable cause that someone may be "an agent of a foreign power," which includes international terrorist groups - and the secret court has turned down only a small number of requests over the years. In 2004, according to the Justice Department, 1,754 warrants were approved. And the Foreign Intelligence Surveillance Court can grant emergency approval for wiretaps within hours, officials say.
Administration officials counter that they sometimes need to move more urgently, the officials said. Those involved in the program also said that the N.S.A.'s eavesdroppers might need to start monitoring large batches of numbers all at once, and that it would be impractical to seek permission from the Foreign Intelligence Surveillance Court first, according to the officials.
The N.S.A. domestic spying operation has stirred such controversy among some national security officials in part because of the agency's cautious culture and longstanding rules.
Widespread abuses - including eavesdropping on Vietnam War protesters and civil rights activists - by American intelligence agencies became public in the 1970's and led to passage of the Foreign Intelligence Surveillance Act, which imposed strict limits on intelligence gathering on American soil. Among other things, the law required search warrants, approved by the secret F.I.S.A. court, for wiretaps in national security cases. The agency, deeply scarred by the scandals, adopted additional rules that all but ended domestic spying on its part.
After the Sept. 11 attacks, though, the United States intelligence community was criticized for being too risk-averse. The National Security Agency was even cited by the independent 9/11 Commission for adhering to self-imposed rules that were stricter than those set by federal law.
Concerns and Revisions
Several senior government officials say that when the special operation began, there were few controls on it and little formal oversight outside the N.S.A. The agency can choose its eavesdropping targets and does not have to seek approval from Justice Department or other Bush administration officials. Some agency officials wanted nothing to do with the program, apparently fearful of participating in an illegal operation, a former senior Bush administration official said. Before the 2004 election, the official said, some N.S.A. personnel worried that the program might come under scrutiny by Congressional or criminal investigators if Senator John Kerry, the Democratic nominee, was elected president.
In mid-2004, concerns about the program expressed by national security officials, government lawyers and a judge prompted the Bush administration to suspend elements of the program and revamp it.
For the first time, the Justice Department audited the N.S.A. program, several officials said. And to provide more guidance, the Justice Department and the agency expanded and refined a checklist to follow in deciding whether probable cause existed to start monitoring someone's communications, several officials said.
A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the Federal Intelligence Surveillance Court, helped spur the suspension, officials said. The judge questioned whether information obtained under the N.S.A. program was being improperly used as the basis for F.I.S.A. wiretap warrant requests from the Justice Department, according to senior government officials. While not knowing all the details of the exchange, several government lawyers said there appeared to be concerns that the Justice Department, by trying to shield the existence of the N.S.A. program, was in danger of misleading the court about the origins of the information cited to justify the warrants.
One official familiar with the episode said the judge insisted to Justice Department lawyers at one point that any material gathered under the special N.S.A. program not be used in seeking wiretap warrants from her court. Judge Kollar-Kotelly did not return calls for comment.
A related issue arose in a case in which the F.B.I. was monitoring the communications of a terrorist suspect under a F.I.S.A.-approved warrant, even though the National Security Agency was already conducting warrantless eavesdropping.
According to officials, F.B.I. surveillance of Mr. Faris, the Brooklyn Bridge plotter, was dropped for a short time because of technical problems. At the time, senior Justice Department officials worried what would happen if the N.S.A. picked up information that needed to be presented in court. The government would then either have to disclose the N.S.A. program or mislead a criminal court about how it had gotten the information.
Several national security officials say the powers granted the N.S.A. by President Bush go far beyond the expanded counterterrorism powers granted by Congress under the USA Patriot Act, which is up for renewal. The House on Wednesday approved a plan to reauthorize crucial parts of the law. But final passage has been delayed under the threat of a Senate filibuster because of concerns from both parties over possible intrusions on Americans' civil liberties and privacy.
Under the act, law enforcement and intelligence officials are still required to seek a F.I.S.A. warrant every time they want to eavesdrop within the United States. A recent agreement reached by Republican leaders and the Bush administration would modify the standard for F.B.I. wiretap warrants, requiring, for instance, a description of a specific target. Critics say the bar would remain too low to prevent abuses.
Bush administration officials argue that the civil liberties concerns are unfounded, and they say pointedly that the Patriot Act has not freed the N.S.A. to target Americans. "Nothing could be further from the truth," wrote John Yoo, a former official in the Justice Department's Office of Legal Counsel, and his co-author in a Wall Street Journal opinion article in December 2003. Mr. Yoo worked on a classified legal opinion on the N.S.A.'s domestic eavesdropping program.
At an April hearing on the Patriot Act renewal, Senator Barbara A. Mikulski, Democrat of Maryland, asked Attorney General Alberto R. Gonzales and Robert S. Mueller III, the director of the F.B.I., "Can the National Security Agency, the great electronic snooper, spy on the American people?"
"Generally," Mr. Mueller said, "I would say generally, they are not allowed to spy or to gather information on American citizens."
President Bush did not ask Congress to include provisions for the N.S.A. domestic surveillance program as part of the Patriot Act and has not sought any other laws to authorize the operation. Bush administration lawyers argued that such new laws were unnecessary, because they believed that the Congressional resolution on the campaign against terrorism provided ample authorization, officials said.
The Legal Line Shifts
Seeking Congressional approval was also viewed as politically risky because the proposal would be certain to face intense opposition on civil liberties grounds. The administration also feared that by publicly disclosing the existence of the operation, its usefulness in tracking terrorists would end, officials said.
The legal opinions that support the N.S.A. operation remain classified, but they appear to have followed private discussions among senior administration lawyers and other officials about the need to pursue aggressive strategies that once may have been seen as crossing a legal line, according to senior officials who participated in the discussions.
For example, just days after the Sept. 11, 2001, attacks on New York and the Pentagon, Mr. Yoo, the Justice Department lawyer, wrote an internal memorandum that argued that the government might use "electronic surveillance techniques and equipment that are more powerful and sophisticated than those available to law enforcement agencies in order to intercept telephonic communications and observe the movement of persons but without obtaining warrants for such uses."
Mr. Yoo noted that while such actions could raise constitutional issues, in the face of devastating terrorist attacks "the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties."
The next year, Justice Department lawyers disclosed their thinking on the issue of warrantless wiretaps in national security cases in a little-noticed brief in an unrelated court case. In that 2002 brief, the government said that "the Constitution vests in the President inherent authority to conduct warrantless intelligence surveillance (electronic or otherwise) of foreign powers or their agents, and Congress cannot by statute extinguish that constitutional authority."
Administration officials were also encouraged by a November 2002 appeals court decision in an unrelated matter. The decision by the Foreign Intelligence Surveillance Court of Review, which sided with the administration in dismantling a bureaucratic "wall" limiting cooperation between prosecutors and intelligence officers, cited "the president's inherent constitutional authority to conduct warrantless foreign intelligence surveillance."
But the same court suggested that national security interests should not be grounds "to jettison the Fourth Amendment requirements" protecting the rights of Americans against undue searches. The dividing line, the court acknowledged, "is a very difficult one to administer."
Barclay Walsh contributed research for this article.





Letter from Sen. Jay Rockefeller (D-WV) to Vice President Cheney regarding NSA domestic wiretapping, July 17th 2003.


http://talkingpointsmemo.com/docs/rock-cheney1.html























Pentagon's Intelligence Authority WidensFact Sheet Details Secretive Agency's Growth From Focus on Policy to Counterterrorism

By Walter PincusWashington Post Staff WriterMonday, December 19, 2005; A10

The Pentagon's newest counterterrorism agency, charged with protecting military facilities and personnel wherever they are, is carrying out intelligence collection, analysis and operations within the United States and abroad, according to a Pentagon fact sheet on the Counterintelligence Field Activity, or CIFA, provided to The Washington Post.
CIFA is a three-year-old agency whose size and budget remain secret. It has grown from an agency that coordinated policy and oversaw the counterintelligence activities of units within the military services and Pentagon agencies to an analytic and operational organization with nine directorates and ever-widening authority.
Its Directorate of Field Activities (DX) "assists in preserving the most critical defense assets, disrupting adversaries and helping control the intelligence domain," the fact sheet said. Those roles can range from running roving patrols around military bases and facilities to surveillance of potentially threatening people or organizations inside the United States. The DX also provides "on-site, real time . . . support in hostile areas worldwide to protect both U.S. and host nation personnel from a variety of threats," the fact sheet said.
This is just one illustration of the growth of Pentagon activities in the United States and abroad as part of the terrorism fight. Last week, news accounts revealed that President Bush authorized secret eavesdropping on Americans with suspected ties to terrorist groups.
Another CIFA directorate, the Counterintelligence and Law Enforcement Center, "identifies and assesses threats" to Defense personnel, operations and infrastructure from "insider threats, foreign intelligence services, terrorists, and other clandestine or covert entities," according to the Pentagon.
CIFA manages the Pentagon database that includes Talon reports, consisting of raw, unverified information picked up by the military services on suspicious activities that could involve terrorist threats. The Pentagon acknowledged last week that the Talon database contained reports on peaceful civilian protests and demonstrations that should have been purged long ago under Defense Department regulations.
A third CIFA directorate, Behavioral Sciences, "has 20 psychologists and a multimillion-dollar budget," and supports both "offensive and defensive counterintelligence efforts," according to a government biography of its director, S. Scott Shumate. Shumate was the chief operational psychologist for the CIA's counterterrorism center until 2003. His group has also provided a "team of renowned forensic psychologists [who] are engaged in risk assessments of the Guantanamo Bay detainees," according to his biography.
A Pentagon official said none of Shumate's team members questions detainees as part of helping produce threat reports, though they may relay questions to the interrogators.
A former senior Pentagon intelligence official, familiar with CIFA, said yesterday, "They started with force protection from terrorists, but when you go down that road, you soon are into everything . . . where terrorists get their money, who they see, who they deal with."
He added, noting that there had been no congressional oversight of CIFA, that the Defense Department is "too big, too rich an organization and should not be left unfettered. They rush in where there is a vacuum."
A former senior counterterrorism official, also familiar with CIFA, said, "What you are seeing is the militarization of counterterrorism."
CIFA's authority is still growing. In a new move to centralize all counterterrorism intelligence collection inside the United States, the Defense Department this month gave CIFA authority to task domestic investigations and operations by the counterintelligence units of the military services.
The tasking authority allows CIFA to assign Defense counterintelligence organizations "to execute a specific mission or conduct a function falling within that organization's charter," according to a Dec. 1 memo signed by Robert W. Rogalski, acting deputy undersecretary of Defense for counterintelligence and security, that was provided to The Post.
CIFA's new authority will give the agency the ability to propose missions to Army, Navy and Air Force units, which combined have about 4,000 trained active, reserve and civilian investigators in the United States and abroad. For example, the Air Force Office of Special Investigations (AFOSI) has 1,935 "federally credentialed special agents," according to its Web site. The military service agents investigate crime and terrorism.
By comparison, the FBI recently disclosed it has about 11,000 special agents overall, about 4,929 of whom are assigned to terrorism investigation. Of those, the FBI has 103 assigned to its Joint Terrorism Task Force. The Navy Criminal Investigation Service has reported that it has 34 of its operational people assigned to joint terrorism units.
The Air Force OSI special agents work on felony crimes and drug use, but threat detection has increasingly become a focus. "AFOSI manages offensive and defensive activities to detect, counter and destroy the effectiveness of hostile intelligence services and terrorist groups that target the Air Force," according to an official service Web site.
Anti-terrorism teams have been created "to meet the increasing challe



Bush's Snoopgate
By Jonathan Alter Newsweek
Monday 19 December 2005

The president was so desperate to kill The New York Times's eavesdropping story, he summoned the paper's editor and publisher to the Oval Office. But it wasn't just out of concern about national security.











Bush says he had 'legal authority' to permit the National Security Agency to listen in on American citizens without a warrant. (Photo: Joshua Roberts / Reuters)

Finally we have a Washington scandal that goes beyond sex, corruption and political intrigue to big issues like security versus liberty and the reasonable bounds of presidential power. President Bush came out swinging on Snoopgate - he made it seem as if those who didn't agree with him wanted to leave us vulnerable to Al Qaeda - but it will not work. We're seeing clearly now that Bush thought 9/11 gave him license to act like a dictator, or in his own mind, no doubt, like Abraham Lincoln during the Civil War.
No wonder Bush was so desperate that The New York Times not publish its story on the National Security Agency eavesdropping on American citizens without a warrant, in what lawyers outside the administration say is a clear violation of the 1978 Foreign Intelligence Surveillance Act. I learned this week that on December 6, Bush summoned Times publisher Arthur Sulzberger and executive editor Bill Keller to the Oval Office in a futile attempt to talk them out of running the story. The Times will not comment on the meeting, but one can only imagine the president's desperation.
The problem was not that the disclosures would compromise national security, as Bush claimed at his press conference. His comparison to the damaging pre-9/11 revelation of Osama bin Laden's use of a satellite phone, which caused bin Laden to change tactics, is fallacious; any Americans with ties to Muslim extremists - in fact, all American Muslims, period - have long since suspected that the U.S. government might be listening in to their conversations. Bush claimed that "the fact that we are discussing this program is helping the enemy." But there is simply no evidence, or even reasonable presumption, that this is so. And rather than the leaking being a "shameful act," it was the work of a patriot inside the government who was trying to stop a presidential power grab.
No, Bush was desperate to keep the Times from running this important story - which the paper had already inexplicably held for a year - because he knew that it would reveal him as a law-breaker. He insists he had "legal authority derived from the Constitution and congressional resolution authorizing force." But the Constitution explicitly requires the president to obey the law. And the post 9/11 congressional resolution authorizing "all necessary force" in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.
What is especially perplexing about this story is that the 1978 law set up a special court to approve eavesdropping in hours, even minutes, if necessary. In fact, the law allows the government to eavesdrop on its own, then retroactively justify it to the court, essentially obtaining a warrant after the fact. Since 1979, the FISA court has approved tens of thousands of eavesdropping requests and rejected only four. There was no indication the existing system was slow - as the president seemed to claim in his press conference - or in any way required extra-constitutional action.
This will all play out eventually in congressional committees and in the United States Supreme Court. If the Democrats regain control of Congress, there may even be articles of impeachment introduced. Similar abuse of power was part of the impeachment charge brought against Richard Nixon in 1974.
In the meantime, it is unlikely that Bush will echo President Kennedy in 1961. After JFK managed to tone down a New York Times story by Tad Szulc on the Bay of Pigs invasion, he confided to Times editor Turner Catledge that he wished the paper had printed the whole story because it might have spared him such a stunning defeat in Cuba.
This time, the president knew publication would cause him great embarrassment and trouble for the rest of his presidency. It was for that reason - and less out of genuine concern about national security - that George W. Bush tried so hard to kill the New York Times story.