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Congress Asks CIA Lawyer Nominee to be Withdrawn
The Washington Post's Joby Warrick reports:
Members of the Senate intelligence committee have requested the withdrawal of the Bush administration's choice for CIA general counsel, acknowledging that John Rizzo's nomination has stalled because of concerns about his views on the treatment of terrorism suspects.
The decision followed a private meeting this week in which committee leaders concluded that the troubled nomination could not overcome opposition among Democratic members. It comes less than a month after a key member, Sen. Ron Wyden (D-Ore.), announced his intention to block the nomination indefinitely.
Rizzo, a career CIA lawyer, has drawn fire from Democrats and human rights groups because of his support for Bush administration legal doctrines permitting "enhanced interrogation" of terrorism detainees in CIA custody.
In other intelligence news, Newsweek reports that intelligence czar Michael McConnell has asked to withdraw a statement to Congress that a recently passed electronic surveillance law contributed to the capture of German terrorism suspects earlier this month. Turns out, it didn't have anything to do with it.
Comments
Karen Yukie Yamada is not affiliated with any intelligence agency.
An Illegitimate Quest for Intelligence Part 1
Questioning the impact of recent legislative decisions regarding our government's
capabilities to spy on Americans is relevant and urgent. Questions that should
be answered by all law makers are: Did your read the Patriot Act? Are you
aware of current technological applications for eavesdropping, for satellite spy
imaging, and for harvesting large amounts of information from wireless systems?
Who pays for intelligence gathering activities, and who profits from these
activities?
Understanding the operational realities of surveillance is relevant to the debate
that has resurfaced about unchecked practices that allow our government to spy
on Americans. The above questions add meat to the contention that "more is not
always better" when it comes to gathering intelligence in the name of national
security.
Citing recent news articles adds to the collage of issues that must be seen as
part of a whole when discussing national security needs. Needs are generally
seen as different than desires within the context of human relationships. We can
assure our government that in their relationship to the public, few Americans
would questions their need for tools to fulfill their obligation to protect our borders,
to protect the integrity of our institutions and to protect public safety.
Of course, as an instrument of power, our government may have desires that are
in conflict with other obligations. For example, the obligation to create conditions
that provide opportunities for checks and balances within hierarchies to protect
the human structure of society. After all, it is the human structure of society
that create intangible value, and it is intangible value that makes the soul of a
country.
Identifying the social glue that bonds human structures, both public and private,
is not a difficult thing to do. It is directly related to the level of trust people have
in government institutions and private interests. As in human relationships, the
issue of trust can be measured by how well expressed statements or feeling
correspond with action that demonstrates what is spoken.
We should relentlessly remind our government of the cause and effect created
from mistrust by the public of their elected officials. We should insist that the
debate about national security needs hold deeper discourse. This is especially
true when domestic policies start to reflect a climate that is based on a lurking
enemy that cannot be clearly defined expect by the conditions that create them
The debate about our government's ability to spy on Americans goes to the heart
of what defines the pioneering spirit, the sense of individualism balanced with
seeing ourselves as a larger cohesive whole bound by certain principles.
Citing recent news articles adds to the collage of issues that must be seen as
part of a whole when discussing national security needs. According to a Wall
Street Journal article on August 22, 2007, the Pentagon will be shutting
down their anti-terror database because it failed to provide consistent analytic
information regarding potential threats to military personnel and facilities.
Known as Talon, the program was criticized in 2005 for improper storing of
information on activists and other peaceful demonstrations. The Pentagon also
acknowledged that some officials may have misused the program.
Scheduled to close on September 17, 2007, the WSJ reports that the information
gathered by Talon will be sent to an FBI database. Say what?! Is type of sharing
between intelligence agencies the result of streamlining the process for
information sharing between agencies promoted by the Patriot Act?
Such coziness between the Pentagon and the FBI raises more questions about
the difference between needs and desires of our government's intent. The blurring
of the lines between intelligence accessed for criminal investigations and
intelligence gathered by special operations by the military for terror threats is
a concern. We are not comforted by the military having jursidiction to gather
information about criminal activities.
Taking this example further warrants an inquiry into what type of intelligence
was gathered by Talon. If I were to think like someone who believed that seeds
of terror could be found within the sub-culture of anti-military and peace activism,
I probably would want photographs of demonstrations, random conversations
between these individuals on the phone and in usual meeting places. I might
also want information on their daily internet habits with random email
correspondence.
Consider the logistics of gathering such information. If it is true that the CIA
uses private contractors about 50% of the time to gather intelligence, imagine
who might be responsible for this eavesdropping, harvesting of wireless
conversations and cyber-spying. Private contractors? Intelligence officers from
county police departments? Not knowing much about who does the
intelligence gathering for Talon, I could guess that they may use the same
groups as the CIA in some instances.
In late 2005, NY Police Commissioner Paul Brown appeared on Democracy Now
to comment on the use of local intelligence unit officers to monitor peace
activists in New York who rode with Critical Mass. In a letter to the
Commissioner, I asked him if he believed that local intelligence officers should
be privileged to function without checks and balances as though they were
federal agents. If the Patriot Act can be broadly interpreted to allow local
intelligence officers certain powers to spy on Americans, the potential for abuse
should sound an alarm.
A plausible result of this policy could be that a local intelligence unit officer with a
salary of about $50-800,000/year were given powers to contract with federal
surveillance groups to identify potential threats within an organized peace
network demonstrating against military policies. The notion that international
terror groups would become embedded within a peace network may be far
fetched, but think about the cash flow generated for a few groups.
How much does surveillance cost? Eavesdropping on phone calls and in a
single meeting place may cost $150-125 thousand/month according to someone
who works in a spy technology shop. Multiply that by a dozen activists who have
productive lives. You get the picture about the income that results by a small
clandestine operation to spy on a core groups of activists. A cozy relationship
between federal agencies and the local police intelligence unit has some unseen
risks for those being watched.
Who pays? Who buys the information? And who would know who pays and
buys? When conditions are created to profit from abuses, abuses are inevitable.
Aside from strong leadership from elected officials and well-written policies, only
the decency and motive within the human structure of surveillance determine how
this information can be used.
Bribery as a means of control is predictable within security networks, and yes,
as with elected officials and lobbyists, it is up to the officials to say "no" to
corrupt practices. Spying is big business. Personally, I would like to see
legislation that makes a distinction between above the table spying and below
the table spying that is used for intelligence and security needs.
Further questions about the logistics about surveillance raises the alarm for
abuses. Who harvests the information, how is this information disseminated, who
stores the information, how is this information stored and who exposes abuses?
Recent articles in the NY Times highlight the ongoing effects of new
technological capabilities for spying in our society. The front page article on
September 11, 2007 describes the "surveillance boom" in China, and the interest
Wall Street has shown in surveillance systems for 24-hour video monitoring for
the sake of security. Their September 15th front page describes how surveillance
software can be used by private investigators to track the electronic trail of
spouses who are soon to be divorced.
Director of National Intelligence Mike McConnel made his statements to the
House Judiciary Committee about the NSA curtailing its use of warrantless
wiretapping since February 2007. Can he verify that this is limited to phone
and email conversations between an American and a foreigner overseas that
is a target of surveillance? Can he vouch for this given the number of daily
transactions that take place? And does the use of a "secret intelligence
court" provide enough oversight?
We should be concerned.
in the future could you please preview your lengthy cut & paste articles and edit out the double spacing?
even if i wanted to read one of them i wouldn't bother when the formatting is this crappy
Posted by: Preview Your Cut & Paste on 10/02/07 at 6:20 AM Respond
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Posted by: karen yukie yamada on 10/01/07 at 7:17 PM Respond