Whistle-blower Had to Fight NSA, LA Times to Tell Story

March 06, 2007 10:53 AM

Brian Ross and Vic Walter Report:

Whistle-blower AT&T technician Mark Klein says his effort to reveal alleged government surveillance of domestic Internet traffic was blocked not only by U.S. intelligence officials but also by the top editors of the Los Angeles Times.

In his first broadcast interview, as seen tonight on Nightline, Klein describes how he stumbled across "secret NSA rooms" being installed at an AT&T switching center in San Francisco and later heard of similar rooms in at least six other cities, including Atlanta, San Diego, Los Angeles, Palo Alto, San Jose and Seattle. 

"You needed an ordinary key and the code to punch into a key pad on the door, and the only person who had both of those things was the one guy cleared by the NSA," Klein says of the "secret room" at the AT&T center in San Francisco.

Click Here for Brian Ross' Nightline Report on Mark Klein.

The NSA is the National Security Agency, the country's most secretive intelligence agency, charged with intercepting communications overseas.

Klein says he collected 120 pages of technical documents left around the San Francisco office showing how the NSA was installing "splitters" that would allow it to copy both domestic and international Internet traffic moving through AT&T connections with 16 other trunk lines.

"It's gobs and gobs of information going across the Internet," Klein says.

President Bush has acknowledged he authorized the NSA to intercept the communications of people with known links to terrorist organizations "into or out of the United States," but that "we're not trolling through the personal lives of millions of innocent Americans."

Intelligence experts say the NSA has the means to filter out suspect communications with sophisticated machines that spot key words, names, addresses or patterns.

Eventually, Klein says he decided to take his documents to the Los Angeles Times, to blow the whistle on what he calls "an illegal and Orwellian project."

Click Here for Full Blotter Coverage.

But after working for two months with LA Times reporter Joe Menn, Klein says he was told the story had been killed at the request of then-Director of National Intelligence John Negroponte and then-director of the NSA Gen. Michael Hayden.

The Los Angeles Times' decision was made by the paper's editor at the time, Dean Baquet, now the Washington bureau chief of The New York Times.

Baquet confirmed to ABCNews.com he talked with Negroponte and Hayden but says "government pressure played no role in my decision not to run the story."

Baquet says he and managing editor Doug Frantz decided "we did not have a story, that we could not figure out what was going on" based on Klein's highly technical documents.

The reporter, Menn, declined to comment, but Baquet says he knows "Joe disagreed and was very disappointed."

Klein says he then took his AT&T documents to The New York Times, which published its exclusive account last April. 

As the new Washington bureau chief of The New York Times, Baquet now oversees the reporters who have broken most of the major stories involving the government surveillance program, often over objections from the government.

After The New York Times story appeared, Klein filed an affidavit in a lawsuit against AT&T brought by a civil liberties group, Electronic Frontier Foundation.

The NSA says it will not confirm or deny the existence or the purpose of the "secret rooms," but in a filing in the court case against AT&T, Negroponte formally invoked the "state secrets privilege," claiming the lawsuit and the information from Klein and others could "cause exceptionally grave damage to the national security of the United States."

Klein says what he knows won't help terrorists.

"The only people that are being kept in the dark is the American people who are being misled and not realizing, not being told that their private information, that their liberties are being destroyed and tramped on," he said.

March 6, 2007 in NSA: Wiretapping | Permalink | User Comments (123)

NSA Whistle-blower Says He Has Lost His Livelihood

September 21, 2006 11:16 AM

Vic Walter and Krista Kjellman Report:

NSA whistle-blower Russell Tice says his choice to reveal what he says were unlawful acts at the National Security Agency while he was working there "has cost me my career and livelihood."

In a letter to Congressman Duncan Hunter (R-CA), Chairman of the House Committee on Armed Services, Tice asks Duncan to "include real whistleblower protections to national security employees in the 2007 Defense Authorization Bill."

"My case, from beginning to end, is a testament to the utter and complete failure of whistle-blower protections for federal employees that work within the most crucial aspects of national security," Tice writes.

Tice, a former NSA intelligence officer, told ABC News this past January in a Nightline report that he saw unlawful and unconstitutional acts at the NSA while working there.  He said the number of Americans subject to eavesdropping by the NSA could be in the millions if the programs used by the agency were employed to their full capacity.

After the NSA program was made public, the U.S. government launched an investigation into who leaked information about the surveillance program to the media.  Tice has since been subpoenaed to appear before a federal grand jury.  No date has been set for him to testify.

"The retaliation of the federal government continues against me, but is now being directed by the Department of Justice," Tice writes.

In the letter, Tice calls on Chairman Duncan, who sponsored the 2007 Defense Authorization Bill,  to include provisions in the bill that "would logically have to include protecting security clearances from retaliatory revocations."  The 2007 Defense Authorization Bill, also known as the Federal Employee Protection of Disclosures Act, is currently in a committee conference, where differences between the Senate and House versions of the bill are being resolved.

Tice lost his job at the NSA in May of 2005 after the agency had revoked his security clearances, citing psychological concerns. Since his dismissal from the NSA, Tice has been working in construction in Washington, D.C.

September 21, 2006 in NSA: Wiretapping | Permalink | User Comments (15)

NSA Whistleblower Now Silent

July 31, 2006 4:00 PM

Vic Walter and Krista Kjellman Report:

NSA whistleblower Russell Tice sent out an email today informing the media and friends that he had been advised by his own lawyers not to talk on matters of the National Security Agency and most recently the federal grand jury subpoena that was served on him.

Tice, a former NSA intelligence officer, told ABC News this past January that he observed unlawful and unconstitutional acts at the NSA while working there.  He said the number of Americans subject to eavesdropping by the NSA could be in the millions if the programs used by the agency were employed to their full capacity.

Last Wednesday, two federal agents approached Tice outside his home and served him with a subpoena directing him to testify this Wednesday afternoon before a federal grand jury in Virginia.  According to the subpoena, he "will be asked to testify and answer questions concerning possible violation of federal criminal law." 

After the existence of the NSA program was made public, the U.S. government launched an investigation into who leaked information about the surveillance program to the media.

In response to the subpoena, Tice said in a press release, "To this date I have pursued all the appropriate channels to report unlawful and unconstitutional acts conducted [by the government] while I served as an intelligence officer with the NSA and DIA.  It was with my oath as a U.S. intelligence officer to protect and preserve the U.S. Constitution weighing heavy on my mind that I reported acts that I know to be unlawful and unconstitutional."

But since that subpoena, Tice's appearance before the grand jury has been postponed at the request of Tice's defense counsel, Josh Dratel.  No new date has yet been set for Tice to testify. 

Tice lost his job at the NSA in May of 2005 after the agency revoked his security clearances, citing psychological concerns.  He is now building homes in the Washington, DC area.

July 31, 2006 in NSA: Wiretapping | Permalink | User Comments (4)

Former NSA Intelligence Officer Is Served with Federal Grand Jury Subpoena

July 28, 2006 9:02 PM

Vic Walter Reports:

NSA whistleblower Russell Tice says he was visited on Wednesday by two FBI agents who handed him a federal subpoena instructing him to appear before a grand jury next week in Virginia.

Tice told ABC News in an interview in January that he observed NSA conduct unlawful and unconstitutional acts while he was an intelligence officer. He was a longtime insider at the National Security Agency, who has become a whistleblower, eager to tell Congress all he knows, and to tell us what he can without revealing any classified secrets.

For the last 20 years, Russ Tice has worked in the shadows, helping the United States spy on other people's conversations around the world. The government has launched an investigation into who leaked information about the surveillance program to the media. Tice says he never discussed any classified material.

The grand jury subpoena says, "The grand jury is conducting an investigation of possible violations of federal criminal laws involving the unauthorized disclosure of classified information, in violation of Title 18, United States code, section 793 and other related statutes."

Tice says he considers the subpoena a form of intimidation by the government to keep him from testifying before Congressional investigators about what he knows about the surveillance systems.

July 28, 2006 in NSA: Wiretapping | Permalink | User Comments (3)

Judge Denies DOJ Request to Dismiss NSA Lawsuit

July 20, 2006 4:35 PM

Jason Ryan Reports:

A federal judge in San Francisco has denied the Justice Department's request to dismiss a lawsuit against AT&T for their cooperation with the National Security Agency in the terrorist eavesdropping program.

The suit brought by the Electronic Frontier Foundation, a privacy rights group, alleged that by working with the NSA, AT&T was violating the law and the privacy of its customers. The Justice Department intervened in the litigation saying that allowing the case to go forward would damage national security by disclosing state secrets and sensitive intelligence gathering methods.

The government filed a motion asserting the state secrets privilege in the case on May 15.

Judge Vaughn Walker in his ruling disputed the need of the state secrets privilege since the government has held press briefings on the issue and confirmed New York Times reports about the NSA Program.

"The very subject matter of this action is hardly a secret...public disclosures by the government and AT&T indicate that AT&T is assisting the government to implement some kind of surveillance program," Walker wrote in a 72-page opinion.

"AT&T and the government have for all practical purposes already disclosed that AT&T assists the government in monitoring communication content...the government has publicly admitted the existence of a 'terrorist surveillance program,' which the government insists is completely legal."

The Judge disputes that litigating the case would aid terrorists from obtaining further information in the case. "If the government's public disclosures have been truthful, revealing whether AT&T has received a certification to assist in monitoring communication content should not reveal any new information that would assist a terrorist and adversely affect national security."

Walker, the Chief Judge at the U.S. Court in San Francisco, was appointed by Pres. George H.W. Bush. This is the first defeat for the government in several ongoing NSA-related lawsuits. Federal judges in Michigan and New York have not ruled whether the government can claim a state secrets privilege.

Judge Walker's ruling provides the government the ability to appeal immediately. "Given that the state secrets issues resolved herein represent controlling questions of law as to which there is a substantial ground for difference of opinion and that an immediate appeal may materially advance ultimate termination of the litigation, the court certifies this order for the parties to apply for an immediate appeal," Walker wrote.

A Justice Department spokesman said they are reviewing the opinion, "No determination has been made as to what the government's next step will be in this matter."

July 20, 2006 in NSA: Wiretapping | Permalink | User Comments (2)

DOJ Says Investigators Denied Chance to Review NSA Spying Program

July 18, 2006 4:52 PM

Pierre Thomas and Jason Ryan Report:

The Department of Justice today released documents showing senior administration officicals blocked an internal DOJ probe into the NSA spy program.

A series of internal memos released from the Justice Department's Office of Professional Reponsibility (OPR) shows in detail how the department was blocked from pursuing an investigation into whether Justice Department attorneys acted appropriately in their consideration of the NSA program. While this fact has been generally known, the letters show just how frustrated OPR attorneys were and how unusual the action was.

In a series of letters dated Jan. 20, 2006, Feb. 16, 2006, and Mar. 20, 2006, OPR repeatedly asks the Justice Department leadership for security clearance to review the department's role in the authorization of the NSA program.
      
In the March letter, OPR notes that it had been denied security clearances even though attorneys from the Civil Division and Criminal Division had been granted clearance to learn about the program.  The Civil Division attorneys granted the clearances were defending the program from legal challenges, and the Criminal Division attorneys and FBI agents were investigating the leaks that led to the disclosure of the program. The blocking of the clearances effectively stopped the OPR investigation.   

"As a result, this Office, which is charged with monitoring the integrity of the Department's attorneys and with ensuring the highest standards of professional ethics are maintained, has been prevented from performing its duties," according to the Mar. 20, 2006, letter.

In April of this year, OPR gave up, stating bluntly, "Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving Executive Branch programs and has obtained access to information classified at the highest levels. In all those years, OPR has never been prevented from initiating or pursuing an investigation."

Today,  Attorney General Gonzales suggested President Bush himself blocked the clearance because he wanted to limit the number of people with access to the program. White House spokesman Tony Snow offered a similar response. But critics are still asking why the administration neutralized members of its own Justice Department as they tried to excercise oversight.

July 18, 2006 in NSA: Wiretapping | Permalink | User Comments (2)

Justice Department Sues New Jersey over NSA Data

June 15, 2006 10:07 AM

Jason Ryan Reports:

The Justice Department has sued the state of New Jersey in a lawsuit against State Attorney General Zulima Farber and her deputy Cathleen O'Donnell for their efforts to subpoena telephone companies to obtain NSA call history data.

The suit, filed late Wednesday in federal court in Trenton, relates to the State Attorney General sending subpoenas to the phone companies in order to obtain records and documents relating to the data provided to the NSA. The Justice suit seeks an injunction from the U.S. District Court in Trenton to ensure that the subpoenas from the Attorney General are not enforced. Responses to the subpoenas are due by today.

The Justice Department suit notes that the New Jersey subpoenas "seek disclosure of matters with respect to which the Director of National Intelligence has determined that disclosure…would improperly reveal intelligence sources and methods."

"The United States will be irreparably harmed if the carrier defendants are permitted or are required to disclose sensitive and classified information to the defendants in response to the subpoenas," the suit says.

The Justice Department says states lack the authority to collect information relating to the NSA program and say that they do not have the authority to have the phone carriers comply.

June 15, 2006 in NSA: Wiretapping | Permalink | User Comments (2)

New Details Filed on NSA "Secret Rooms"

May 26, 2006 12:40 PM

Brian Ross and Vic Walter Report:

New details on "secret rooms" allegedly established inside an AT&T switching center in San Francisco have been made public in a sworn affidavit filed in court by a former AT&T employee, Mark Klein.

The affidavit was filed in support of a request by the Electronic Frontier Foundation for a preliminary injunction to shut down the NSA rooms.

According to the heavily-redacted eight page document, the NSA equipment is able to divert "the contents of all the electronic voice and data communications" moving through the AT&T facility.

Klein was briefly given access to the room, which he says the NSA installed in 2002.

Klein describes the AT&T facility as "one of the largest internet switching points in the United States."

The government unsuccessfully sought to stop the lawsuit against AT&T, but a judge has ruled that details will be kept secret.

Klein has previously provided a short public statement, but the court filing represents a more detailed description with broader contextual details.

A hearing on the request for the preliminary injunction is scheduled for June 8.

An AT&T spokesman gave the following statement, "AT&T will not comment on pending litigation."

Link: Click here to read Mark Klein's statement in a sworn affidavit.

May 26, 2006 in NSA: Wiretapping | Permalink | User Comments (11)

NSA Whistleblower To Allege Unlawful Acts, Name Hayden

May 15, 2006 9:47 AM

Vic Walter Reports:

NSA whistleblower Russ Tice says he will tell Congress Wednesday of "probable unlawful and unconstitutional acts" involving the agency's former director, Gen. Michael Hayden, President Bush's nominee to run the CIA.

Tice, a former technical intelligence specialist at NSA who first went public on ABC News, says he has been asked to meet in closed session with staff members of the Senate Armed Services Committee.

In a letter to the committee, Tice says the alleged illegal acts involved "very highly sensitive intelligence programs and operations known as Special Access Programs (SAPs)."

Gen. Hayden said last week that all activities he oversaw as director of the NSA were in compliance with the law.

Click here to read Tice's full letter to the Senate in our Dossier section.

May 15, 2006 in NSA: Wiretapping | Permalink | User Comments (8)

Why Qwest Said No to NSA

May 12, 2006 2:47 PM

Maddy Sauer Reports:

Former CEO for Qwest, Joe Nacchio, denied the NSA's request for private telephone records of its customers because he thought the requests were unlawful, acccording to a statement released today by his attorney, Herbert J. Stern. While Qwest denied the NSA, AT&T, Verizon and BellSouth all complied and turned over the phone records of millions of Americans, according to USA Today.

The NSA first approached Qwest in the fall of 2001, according to the statement. Nacchio inquired as to whether the NSA had a warrant or whether any legal process was being used to support their request. "There was a disinclination on the part of authorities to use any legal process," said Stern. Nacchio concluded, therefore, that the request "violated the privacy requirement of the Telecommunications Act."

Nacchio also turned down follow-up requests from the NSA, which continued until he left the company in June 2002.

May 12, 2006 in NSA: Wiretapping | Permalink | User Comments (19)