okie wrote:That doesn't change the fact his rights were violated, according to all the noise about this now.
My take on the Ames case is Ames could still sue but his likelyhood of winning would be small based on the facts we know of the case. The confession pretty much removed any possible harm for Ames since the search was directly related to what he pled guilty on. The government didn't hide the fact that they searched his place so no violation by their keeping it secret from him. Anything found in the search would have been unable to be used in court.
The difference here is when the govt searches and doesn't tell you it violates your civil rights by preventing you from challenging the legality or the govt use of any information the govt finds.
Assume for a moment that the govt does a search of your place and finds you have an extensive porn collection. Nothing illegal about it at all. Then the govt leaks this information to the congregation of your church. At what point were your rights violated? The govt has released personal information from an illegal search that they had no right to possess. If the govt can do secret searches then no one is safe from them if there is no legal check on them by requiring warrants.
Until such time that the govt is forced to reveal to a court who they listened to and how they used that information there is no way to find the harm. That doesn't mean there was no harm or no violation of civil rights nor does it mean their was. But a court is the only way to determine it.
parados wrote:The case doesn't have to be PROVEN to file suit. You only need a reasonable expectation that it happened to file suit. ....
Actually, you only need a typewriter and the filing fee ....
What Reason Do We Have to Trust the State to Know Best?
What Reason Do We Have to Trust the State to Know Best?
Christopher Hitchens
01.17.2006
Although I am named in this suit in my own behalf, I am motivated to join it by concerns well beyond my own. I have been frankly appalled by the discrepant and contradictory positions taken by the Administration in this matter. First, the entire existence of the NSA's monitoring was a secret, and its very disclosure denounced as a threat to national security.
Then it was argued that Congress had already implicitly granted the power to conduct warrantless surveillance on the territory of the United States, which seemed to make the reason for the original secrecy more rather than less mysterious. (I think we may take it for granted that our deadly enemies understand that their communications may be intercepted.)
It now appears that Congress may have granted this authority, but without quite knowing that it had, and certainly without knowing the extent of it.
This makes it critically important that we establish an understood line, and test the cases in which it may or may not be crossed.
Let me give a very direct instance of what I mean. We have recently learned that the NSA used law enforcement agencies to track members of a pacifist organisation in Baltimore. This is, first of all, an appalling abuse of state power and an unjustified invasion of privacy, uncovered by any definition of "national security" however expansive. It is, no less importantly, a stupid diversion of scarce resources from the real target. It is a certainty that if all the facts were known we would become aware of many more such cases of misconduct and waste.
We are, in essence, being asked to trust the state to know best. What reason do we have for such confidence? The agencies entrusted with our protection have repeatedly been shown, before and after the fall of 2001, to be conspicuous for their incompetence and venality. No serious reform of these institutions has been undertaken or even proposed: Mr George Tenet (whose underlings have generated leaks designed to sabotage the Administration's own policy of regime-change in Iraq, and whose immense and unconstitutionally secret budget could not finance the infiltration of a group which John Walker Lindh could join with ease) was awarded a Presidential Medal of Freedom.
I believe the President when he says that this will be a very long war, and insofar as a mere civilian may say so, I consider myself enlisted in it. But this consideration in itself makes it imperative that we not take panic or emergency measures in the short term, and then permit them to become institutionalised. I need hardly add that wire-tapping is only one of the many areas in which this holds true.
The better the ostensible justification for an infringement upon domestic liberty, the more suspicious one ought to be of it. We are hardly likely to be told that the government would feel less encumbered if it could dispense with the Bill of Rights. But a power or a right, once relinquished to one administration for one reason, will unfailingly be exploited by successor administrations, for quite other reasons. It is therefore of the first importance that we demarcate, clearly and immediately, the areas in which our government may or may not treat us as potential enemies.
"Radical" UCLA professors targeted by alumni group
Wednesday, January 18, 2006
An alumni group is offering students up to $100 per class to supply tapes and notes exposing University of California, Los Angeles professors who allegedly express extreme left-wing political views.
The year-old Bruin Alumni Association on its Web site says it is concerned about professors who use lecture time to press positions against President Bush, the military and multinational corporations, among other things.
The site includes a list of what the group calls the college's 30 most radical professors.
"We're just trying to get people back on a professional level of things," said the group's president and founder, Andrew Jones, a 2003 UCLA graduate and former chairman of the student Bruin Republicans.
"Having been a student myself up until 2003, and then watching what other students like myself have gone through, I'm very concerned about the level of professional teaching at UCLA."
Some of the group's targets accuse it of conducting a witch-hunt.
"Any sober, concerned citizen would look at this and see right through it as a reactionary form of McCarthyism," said education professor Peter McLaren, whom the associated named as No. 1 on its "The Dirty Thirty: Ranking the Worst of the Worst."
"Any decent American is going to see through this kind of right-wing propaganda. I just find it has no credibility."
The association's decision to name targets and pay students for information led to the resignation of at least one of its 20-plus advisory board members.
"That just seems to me way too intrusive," said Harvard historian Stephan Thernstrom, an affirmative action opponent and former UCLA professor. "It seems to me a kind of vigilantism that I very much object to."
Other advisory board members, according to the association Web site, include Linda Chavez, a former federal civil rights commissioner in the Reagan administration and head of a Virginia-based anti-affirmative action group; former Republican Rep. Jim Rogan; KABC-AM (790) radio host Al Rantel; and activist Joe Hicks.
UCLA officials said they will warn the association that selling copies of professors' lectures would violate campus rules and raise copyright issues.
The nonprofit association has raised $22,000 from 100 donors, said Jones, 24.
Ticomaya wrote:parados wrote:The case doesn't have to be PROVEN to file suit. You only need a reasonable expectation that it happened to file suit. ....
Actually, you only need a typewriter and the filing fee ....
Or a word processor.. :wink:
I guess I should have said a reasonable expectation that it happened in order for the court to entertain sending it to trial and allowing discovery.
Did Christopher Hitchens switch sides again?
Quote:Assume for a moment that the govt does a search of your place and finds you have an extensive porn collection. Nothing illegal about it at all. Then the govt leaks this information to the congregation of your church. At what point were your rights violated? The govt has released personal information from an illegal search that they had no right to possess. If the govt can do secret searches then no one is safe from them if there is no legal check on them by requiring warrants.
So,if I as a guest in your house find your porn collection,and release it to your church congregation,does that mean that your rights have not been violated?
blueflame1 wrote: "Radical" UCLA professors targeted by alumni group
Great! Finally somebody simply showing us whats going on in the classrooms.
Hannity on his radio show councils angry young callers when they call in telling about whacko professors spreading their lies and hatred to simply go record what the professors are saying. Hey if the professors are proud of what they are saying, why should they have a problem. They are teaching in a public classroom at a public university supported by tax dollars, and the students are also paying for the classes. If the college administrators allow incompetent professors to teach, then I don't blame the students for finally monitoring the garbage themselves. And after all, it is our tax money paying their salaries to go teach their poison, and many of us are starting to wake up and say, enough is enough already.
okie wrote:blueflame1 wrote: "Radical" UCLA professors targeted by alumni group
Great! Finally somebody simply showing us whats going on in the classrooms.
Hannity on his radio show councils angry young callers when they call in telling about whacko professors spreading their lies and hatred to simply go record what the professors are saying. Hey if the professors are proud of what they are saying, why should they have a problem. They are teaching in a public classroom at a public university supported by tax dollars, and the students are also paying for the classes. If the college administrators allow incompetent professors to teach, then I don't blame the students for finally monitoring the garbage themselves. And after all, it is our tax money paying their salaries to go teach their poison, and many of us are starting to wake up and say, enough is enough already.
I suppose if those same professors were expressing admiration for president Bush then it would be alright? If it is wrong to express negative viewpoints of President Bush in a class room then it should be wrong to express positive viewpoints. They should monitor all view points or none at all.
mysteryman wrote:Quote:Assume for a moment that the govt does a search of your place and finds you have an extensive porn collection. Nothing illegal about it at all. Then the govt leaks this information to the congregation of your church. At what point were your rights violated? The govt has released personal information from an illegal search that they had no right to possess. If the govt can do secret searches then no one is safe from them if there is no legal check on them by requiring warrants.
So,if I as a guest in your house find your porn collection,and release it to your church congregation,does that mean that your rights have not been violated?
Yes, but a single individual is not a government. duh
Now come the questions about the legality of keeping it so secret, in violation of the law.
Quote:Report Questions Legality of Briefings on Surveillance
By SCOTT SHANE
Published: January 19, 2006
WASHINGTON, Jan. 18 - A legal analysis by the nonpartisan Congressional Research Service concludes that the Bush administration's limited briefings for Congress on the National Security Agency's domestic eavesdropping without warrants are "inconsistent with the law."
The analysis was requested by Representative Jane Harman, the ranking Democrat on the House Intelligence Committee, who said in a Jan. 4 letter to President Bush that she believed the briefings should be open to all the members of the House and Senate Intelligence Committees.
Instead, the briefings have been limited to the Republican and Democratic leaders of the House and Senate and of the Intelligence Committees, the so-called Gang of Eight.
...
The Congressional Research Service memorandum, sent to the Intelligence Committee on Wednesday, explores the requirement in the National Security Act of 1947 that the committees be kept "fully and currently informed" of intelligence activities. It notes that the law specifically allows notification of "covert actions" to the Gang of Eight, but says the security agency's program does not appear to be a covert action program.
As a result, the memorandum says, limiting the briefings to just eight members of Congress "would appear to be inconsistent with the law."
NYTimes source
mysteryman wrote:Quote:Assume for a moment that the govt does a search of your place and finds you have an extensive porn collection. Nothing illegal about it at all. Then the govt leaks this information to the congregation of your church. At what point were your rights violated? The govt has released personal information from an illegal search that they had no right to possess. If the govt can do secret searches then no one is safe from them if there is no legal check on them by requiring warrants.
So,if I as a guest in your house find your porn collection,and release it to your church congregation,does that mean that your rights have not been violated?
Lets see..
The govt BREAKS INTO MY HOUSE and searches without my knowledge vs.. You are a guest.. Hmm.. I see a HUGE difference there.. Don't you?
If you broke into my house, didn't take anything, it wouldn't matter what you told anyone. You would have broken the law simply by entering my house.
By the way MM, answer these 2 questions for me.
If I come home and find 2 armed men in my house do I have the legal right to defend my property and shoot them?
Do I have a good legal defense if it turns out they were Federal officers that entered without a warrant and failed to identify themselves because they didn't want me to know who they were?
parados wrote:By the way MM, answer these 2 questions for me.
If I come home and find 2 armed men in my house do I have the legal right to defend my property and shoot them?
Do I have a good legal defense if it turns out they were Federal officers that entered without a warrant and failed to identify themselves because they didn't want me to know who they were?
To the first question,yes you do,as far as I am concerned.
To the second question,I dont know,I'm not a lawyer.
Personally,I would think you do,but since I'm not a lawyer I cant answer that.
NSA Spying Evolved Pre-9/11
NSA Spying Evolved Pre-9/11
By Jason Leopold
t r u t h o u t | Investigative Report
Tuesday 17 January 2006
In the months before 9/11, thousands of American citizens were inadvertently swept up in wiretaps, had their emails monitored, and were being watched as they surfed the Internet by spies at the super-secret National Security Agency, former NSA and counterterrorism officials said.
The NSA, with full knowledge of the White House, crossed the line from routine surveillance of foreigners and suspected terrorists into illegal activity by continuing to monitor the international telephone calls and emails of Americans without a court order. The NSA unintentionally intercepts Americans' phone calls and emails if the agency's computers zero in on a specific keyword used in the communication. But once the NSA figures out that they are listening in on an American, the eavesdropping is supposed to immediately end, and the identity of the individual is supposed to be deleted. While the agency did follow protocol, there were instances when the NSA was instructed to keep tabs on certain individuals that became of interest to some officials in the White House.
What sets this type of operation apart from the unprecedented covert domestic spying activities the NSA had been conducting after 9/11 is a top secret executive order signed by President Bush in 2002 authorizing the NSA to target specific American citizens. Prior to 9/11, American citizens were the subject of non-specific surveillance by the NSA that was condoned and approved by President Bush, Vice President Dick Cheney, and Secretary of Defense Donald Rumsfeld, according to former NSA and counterterrorism officials.
The sources, who requested anonymity because they were instructed not to talk about NSA activities but who hope they can testify before Congress about the domestic spying, said that in December 2000, the NSA completed a report for the incoming administration titled "Transition 2001," which explained, among other things, how the NSA would improve its intelligence gathering capabilities by hiring additional personnel.
Moreover, in a warning to the incoming administration, the agency said that in its quest to compete on a technological level with terrorists who have access to state-of-the-art equipment, some American citizens would get caught up in the NSA's surveillance activities. However, in those instances, the identities of the Americans who made telephone calls overseas would be "minimized," one former NSA official said, in order to conceal the identity of the American citizen picked up on a wiretap.
"What we're supposed to do is delete the name of the person," said the former NSA official, who worked as an encryption specialist.
The former official said that even during the Clinton administration, the NSA would inadvertently obtain the identities of Americans citizens in its wiretaps as a result of certain keywords, like bomb or jihad, NSA computers are programmed to identify. When the NSA prepares its reports and transcripts of the conversations, the names of Americans are supposed to be immediately destroyed.
By law, the NSA is prohibited from spying on a United States citizen, a US corporation or an immigrant who is in this country on permanent residence. With permission from a special court, the NSA can eavesdrop on diplomats and foreigners inside the US.
"If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there," an unnamed official told the Boston Globe in a story published October 27, 2001.
But after Bush was sworn in as president, the way the NSA normally handled those issues started to change dramatically. Vice President Cheney, as Bob Woodward noted in his book Plan of Attack, was tapped by Bush in the summer of 2001 to be more of a presence at intelligence agencies, including the CIA and NSA.
"Given Cheney's background on national security going back to the Ford years, his time on the House Intelligence Committee, and as secretary of defense, Bush said at the top of his list of things he wanted Cheney to do was intelligence," Woodward wrote in his book about the buildup to the Iraq war. "In the first months of the new administration, Cheney made the rounds of the intelligence agencies - the CIA, the National Security Agency, which intercepted communications, and the Pentagon's Defense Intelligence Agency. "
It was then that the NSA started receiving numerous requests from Cheney and other officials in the state and defense departments to reveal the identities of the Americans blacked out or deleted from intelligence reports so administration officials could better understand the context of the intelligence.
Separately, at this time, Cheney was working with intelligence agencies, including the NSA, to develop a large-scale emergency plan to deal with any biological, chemical or nuclear attack on US soil.
Requesting that the NSA reveal the identity of Americans caught in wiretaps is legal as long as it serves the purpose of understanding the context of the intelligence information.
But the sources said that on dozens of occasions Cheney would, upon learning the identity of the individual, instruct the NSA to continue monitoring specific Americans caught in the wiretaps if he thought more information would be revealed, which crossed the line into illegal territory.
Cheney advised President Bush of what had turned up in the raw NSA reports, said one former White House official who worked on counterterrorism related issues.
"What's really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department," one former counterterrorism official said. "There was a real feeling of paranoia that permeated from the vice president's office and I don't think it had anything to do with the threat of terrorism. I can't say what was contained in those taps that piqued his interest. I just don't know."
An NSA spokesperson would not comment for this story. Because of the level of secrecy at the agency, it's impossible to ascertain for the record how far the agency has gone in its domestic surveillance.
James Bamford, the author of the bestselling books The Puzzle Palace and Body of Secrets, which blew the door wide open by first revealing the NSA's covert activities, said he doesn't believe terrorism was a priority for the administration before 9/11 and he doesn't think the agency targeted specific Americans as it is doing now.
"I looked into that theory," Bamford said in an interview. "And I was assured that domestic surveillance was a black area the NSA stayed away from before 9/11. The NSA was sort of a side agency before 9/11. At that point they were looking for a mission. Terrorism was not a big priority. (American) names may have been picked up but I was told they dropped them immediately after. That's the procedure."
But Bamford said it's possible the NSA may have conducted the type of spying prior to 9/11 that the former NSA officials described. "It's hard to tell" if that happened, Bamford said. "It's a very secret agency."
In the summer of 2001, the NSA spent millions of dollars on a publicity campaign to repair its public image by taking the unprecedented step of opening up its headquarters in Fort Meade, Maryland to reporters, to dispel the myth that the NSA was spying on Americans.
In a July 10, 2001, segment on "Nightline," host Chris Bury reported that "privacy advocates in the United States and Europe are raising new questions about whether innocent civilians get caught up in the NSA's electronic web."
Then-NSA Director Lt. Gen. Michael Hayden, who was interviewed by "Nightline," said it was absolutely untrue that the agency was monitoring Americans who are suspected of being agents of a foreign power without first seeking a special warrant from the Foreign Intelligence Surveillance Court.
"We don't do anything willy-nilly," Hayden said. "We're a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America - and American lives. To suggest that we're out there, on our own, renegade, pulling in random communications, is - is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the - the question of industrial espionage, no. Period. Dot. We don't do that."
But, when asked "How do we know that the fox isn't guarding the chicken coop?" Hayden responded by saying that Americans should trust the employees of the NSA.
"They deserve your trust, but you don't have to trust them," Hayden said. "We aren't off the leash, so to speak, guarding ourselves. We have a body of oversight within the executive branch, in the Department of Defense, in the president's Foreign Intelligence Advisory Board, which is comprised of both government and nongovernmental officials. You've got both houses of Congress with - with very active - in some cases, aggressive - intelligence oversight committees with staff members who have an access badge to NSA just like mine."
One former NSA official said in response to Hayden's 2001 interview, "What do you expect him to say? He's got to deny it. I agree. We weren't targeting specific people, which is what the President's executive order does. However, we did keep tabs on some Americans we caught if there was an interest" by the White House. "That's not legal. And I am very upset that I played a part in it."
James Risen, the New York Times reporter credited with exposing the NSA's covert domestic surveillance activities that came as a result of a secret executive order President Bush issued in 2002, wrote in his just-published book, State of War, that the administration was very aggressive in its intelligence gathering activities before 9/11. However, Risen does not say that means the administration permitted the NSA to spy on Americans.
"It is now clear that the White House went through the motions of the public debate over the (2001) Patriot Act, all the while knowing that the intelligence community was secretly conducting a far more aggressive domestic surveillance campaign," Risen wrote in State of War.
--------------------------------------------------------------------------------
Jason Leopold spent two years covering California's electricity crisis as Los Angeles bureau chief of Dow Jones Newswires. Jason has spent the last year cultivating sources close to the CIA leak investigation, and is a regular contributer to t r u t h o u t.
Spy Agency Data after Sept. 11 Led FBI to Dead Ends
Spy Agency Data after Sept. 11 Led FBI to Dead Ends
By Lowell Bergman, Eric Lichtblau, Scott Shane, and Don Van Natta Jr.
The New York Times
Tuesday 17 January 2006
Washington - In the anxious months after the Sept. 11 attacks, the National Security Agency began sending a steady stream of telephone numbers, e-mail addresses and names to the F.B.I. in search of terrorists. The stream soon became a flood, requiring hundreds of agents to check out thousands of tips a month.
But virtually all of them, current and former officials say, led to dead ends or innocent Americans.
F.B.I. officials repeatedly complained to the spy agency that the unfiltered information was swamping investigators. The spy agency was collecting much of the data by eavesdropping on some Americans' international communications and conducting computer searches of phone and Internet traffic. Some F.B.I. officials and prosecutors also thought the checks, which sometimes involved interviews by agents, were pointless intrusions on Americans' privacy.
As the bureau was running down those leads, its director, Robert S. Mueller III, raised concerns about the legal rationale for a program of eavesdropping without warrants, one government official said. Mr. Mueller asked senior administration officials about "whether the program had a proper legal foundation," but deferred to Justice Department legal opinions, the official said.
President Bush has characterized the eavesdropping program as a "vital tool" against terrorism; Vice President Dick Cheney has said it has saved "thousands of lives."
But the results of the program look very different to some officials charged with tracking terrorism in the United States. More than a dozen current and former law enforcement and counterterrorism officials, including some in the small circle who knew of the secret program and how it played out at the F.B.I., said the torrent of tips led them to few potential terrorists inside the country they did not know of from other sources and diverted agents from counterterrorism work they viewed as more productive.
"We'd chase a number, find it's a schoolteacher with no indication they've ever been involved in international terrorism - case closed," said one former F.B.I. official, who was aware of the program and the data it generated for the bureau. "After you get a thousand numbers and not one is turning up anything, you get some frustration."
Intelligence officials disagree with any characterization of the program's results as modest, said Judith A. Emmel, a spokeswoman for the office of the director of national intelligence. Ms. Emmel cited a statement at a briefing last month by Gen. Michael V. Hayden, the country's second-ranking intelligence official and the director of the N.S.A. when the program was started.
"I can say unequivocally that we have gotten information through this program that would not otherwise have been available," General Hayden said. The White House and the F.B.I. declined to comment on the program or its results.
The differing views of the value of the N.S.A.'s foray into intelligence-gathering in the United States may reflect both bureaucratic rivalry and a culture clash. The N.S.A., an intelligence agency, routinely collects huge amounts of data from across the globe that may yield only tiny nuggets of useful information; the F.B.I., while charged with fighting terrorism, retains the traditions of a law enforcement agency more focused on solving crimes.
"It isn't at all surprising to me that people not accustomed to doing this would say, 'Boy, this is an awful lot of work to get a tiny bit of information,' " said Adm. Bobby R. Inman, a former N.S.A. director. "But the rejoinder to that is, Have you got anything better?"
Several of the law enforcement officials acknowledged that they might not know of arrests or intelligence activities overseas that grew out of the domestic spying program. And because the program was a closely guarded secret, its role in specific cases may have been disguised or hidden even from key investigators.
Still, the comments on the N.S.A. program from the law enforcement and counterterrorism officials, many of them high level, are the first indication that the program was viewed with skepticism by key figures at the Federal Bureau of Investigation, the agency responsible for disrupting plots and investigating terrorism on American soil.
All the officials spoke on condition of anonymity because the program is classified. It is coming under scrutiny next month in hearings on Capitol Hill, which were planned after members of Congress raised questions about the legality of the warrantless eavesdropping. The program was disclosed in December by The New York Times.
The law enforcement and counterterrorism officials said the program had uncovered no active Qaeda networks inside the United States planning attacks. "There were no imminent plots - not inside the United States," the former F.B.I. official said.
Some of the officials said the eavesdropping program might have helped uncover people with ties to Al Qaeda in Albany; Portland, Ore.; and Minneapolis. Some of the activities involved recruitment, training or fund-raising.
But, along with several British counterterrorism officials, some of the officials questioned assertions by the Bush administration that the program was the key to uncovering a plot to detonate fertilizer bombs in London in 2004. The F.B.I. and other law enforcement officials also expressed doubts about the importance of the program's role in another case named by administration officials as a success in the fight against terrorism, an aborted scheme to topple the Brooklyn Bridge with a blow torch.
Some officials said that in both cases, they had already learned of the plans through prisoner interrogations or other means.
Immediately after the Sept. 11 attacks, the Bush administration pressed the nation's intelligence agencies and the F.B.I. to move urgently to thwart any more plots. The N.S.A., whose mission is to spy overseas, began monitoring the international e-mail messages and phone calls of people inside the United States who were linked, even indirectly, to suspected Qaeda figures.
Under a presidential order, the agency conducted the domestic eavesdropping without seeking the warrants ordinarily required from the secret Foreign Intelligence Surveillance Court, which handles national security matters. The administration has defended the legality of the program, pointing to what it says is the president's inherent constitutional power to defend the country and to legislation passed by Congress after the Sept. 11 attacks.
Administration officials told Mr. Mueller, the F.B.I. director, of the eavesdropping program, and his agency was enlisted to run down leads from it, several current and former officials said.
While he and some bureau officials discussed the fact that the program bypassed the intelligence surveillance court, Mr. Mueller expressed no concerns about that to them, those officials said. But another government official said Mr. Mueller had questioned the administration about the legal authority for the program.
Officials who were briefed on the N.S.A. program said the agency collected much of the data passed on to the F.B.I. as tips by tracing phone numbers in the United States called by suspects overseas, and then by following the domestic numbers to other numbers called. In other cases, lists of phone numbers appeared to result from the agency's computerized scanning of communications coming into and going out of the country for names and keywords that might be of interest. The deliberate blurring of the source of the tips caused some frustration among those who had to follow up.
F.B.I. field agents, who were not told of the domestic surveillance programs, complained that they often were given no information about why names or numbers had come under suspicion. A former senior prosecutor who was familiar with the eavesdropping programs said intelligence officials turning over the tips "would always say that we had information whose source we can't share, but it indicates that this person has been communicating with a suspected Al Qaeda operative." He said, "I would always wonder, what does 'suspected' mean?"
"The information was so thin," he said, "and the connections were so remote, that they never led to anything, and I never heard any follow-up."
In response to the F.B.I. complaints, the N.S.A. eventually began ranking its tips on a three-point scale, with 3 being the highest priority and 1 the lowest, the officials said. Some tips were considered so hot that they were carried by hand to top F.B.I. officials. But in bureau field offices, the N.S.A. material continued to be viewed as unproductive, prompting agents to joke that a new bunch of tips meant more "calls to Pizza Hut," one official, who supervised field agents, said.
The views of some bureau officials about the value of the N.S.A.'s domestic surveillance offers a revealing glimpse of the difficulties law enforcement and intelligence agencies have had cooperating since Sept. 11.
The N.S.A., criticized by the national Sept. 11 commission for its "avoidance of anything domestic" before the attacks, moved aggressively into the domestic realm after them. But the legal debate over its warrantless eavesdropping has embroiled the agency in just the kind of controversy its secretive managers abhor. The F.B.I., meanwhile, has struggled over the last four years to expand its traditional mission of criminal investigation to meet the larger menace of terrorism.
Admiral Inman, the former N.S.A. director and deputy director of C.I.A., said the F.B.I. complaints about thousands of dead-end leads revealed a chasm between very different disciplines. Signals intelligence, the technical term for N.S.A.'s communications intercepts, rarely produces "the complete information you're going to get from a document or a witness" in a traditional F.B.I. investigation, he said.
Some F.B.I. officials said they were uncomfortable with the expanded domestic role played by the N.S.A. and other intelligence agencies, saying most intelligence officers lacked the training needed to safeguard Americans' privacy and civil rights. They said some protections had to be waived temporarily in the months after Sept. 11 to detect a feared second wave of attacks, but they questioned whether emergency procedures like the eavesdropping should become permanent.
That discomfort may explain why some F.B.I. officials may seek to minimize the benefits of the N.S.A. program or distance themselves from the agency. "This wasn't our program," an F.B.I. official said. "It's not our mess, and we're not going to clean it up."
The N.S.A.'s legal authority for collecting the information it passed to the F.B.I. is uncertain. The Foreign Intelligence Surveillance Act requires a warrant for the use of so-called pen register equipment that records American phone numbers, even if the contents of the calls are not intercepted. But officials with knowledge of the program said no warrants were sought to collect the numbers, and it is unclear whether the secret executive order signed by Mr. President Bush in 2002 to authorize eavesdropping without warrants also covered the collection of phone numbers and e-mail addresses.
Aside from the director, F.B.I. officials did not question the legal status of the tips, assuming that N.S.A. lawyers had approved. They were more concerned about the quality and quantity of the material, which produced "mountains of paperwork" often more like raw data than conventional investigative leads.
"It affected the F.B.I. in the sense that they had to devote so many resources to tracking every single one of these leads, and, in my experience, they were all dry leads," the former senior prosecutor said. "A trained investigator never would have devoted the resources to take those leads to the next level, but after 9/11, you had to."
By the administration's account, the N.S.A. eavesdropping helped lead investigators to Iyman Faris, an Ohio truck driver and friend of Khalid Shaikh Mohammed, who is believed to be the mastermind of the Sept. 11 attacks. Mr. Faris spoke of toppling the Brooklyn Bridge by taking a torch to its suspension cables, but concluded that it would not work. He is now serving a 20-year sentence in a federal prison.
But as in the London fertilizer bomb case, some officials with direct knowledge of the Faris case dispute that the N.S.A. information played a significant role.
By contrast, different officials agree that the N.S.A.'s domestic operations played a role in the arrest in Albany of an imam and another man who were taken into custody in August 2004 as part of an F.B.I. counterterrorism sting investigation. The men, Yassin Aref, 35, and Mohammed Hossain, 49, are awaiting trial on charges that they attempted to engineer the sale of missile launchers to an F.B.I. undercover informant.
In addition, government officials said the N.S.A. eavesdropping program might have assisted in the investigations of people with suspected Qaeda ties in Portland and Minneapolis. In the Minneapolis case, charges of supporting terrorism were filed in 2004 against Mohammed Abdullah Warsame, a Canadian citizen. Six people in the Portland case were convicted of crimes that included money laundering and conspiracy to wage war against the United States.
Even senior administration officials with access to classified operations suggest that drawing a clear link between a particular source and the unmasking of a potential terrorist is not always possible.
When Michael Chertoff, the homeland security secretary, was asked last week on "The Charlie Rose Show" whether the N.S.A. wiretapping program was important in deterring terrorism, he said, "I don't know that it's ever possible to attribute one strand of intelligence from a particular program."
But Mr. Chertoff added, "I can tell you in general, the process of doing whatever you can do technologically to find out what is being said by a known terrorist to other people, and who that person is communicating with, that is without a doubt one of the critical tools we've used time and again."
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William K. Rashbaum contributed reporting from New York for this article.
mysteryman wrote:parados wrote:By the way MM, answer these 2 questions for me.
If I come home and find 2 armed men in my house do I have the legal right to defend my property and shoot them?
Do I have a good legal defense if it turns out they were Federal officers that entered without a warrant and failed to identify themselves because they didn't want me to know who they were?
To the first question,yes you do,as far as I am concerned.
To the second question,I dont know,I'm not a lawyer.
Personally,I would think you do,but since I'm not a lawyer I cant answer that.
Interesting that you think it is perfectly OK to shoot federal agents performing warrantless sneak and peak searches. It just isn't OK to ask that they get warrants first. It might solve a lot of problems if they did so.
parados wrote:mysteryman wrote:parados wrote:By the way MM, answer these 2 questions for me.
If I come home and find 2 armed men in my house do I have the legal right to defend my property and shoot them?
Do I have a good legal defense if it turns out they were Federal officers that entered without a warrant and failed to identify themselves because they didn't want me to know who they were?
To the first question,yes you do,as far as I am concerned.
To the second question,I dont know,I'm not a lawyer.
Personally,I would think you do,but since I'm not a lawyer I cant answer that.
Interesting that you think it is perfectly OK to shoot federal agents performing warrantless sneak and peak searches. It just isn't OK to ask that they get warrants first. It might solve a lot of problems if they did so.
Where did I say it was ok to shoot federal agents?
In your first question,you said "TWO ARMED MEN".
You did NOT identify them any more then that.
My dad and I both have concealed weapons permits.
If we fit your first scenario,IMHo you using deadly force is justified.
In your second scenario,I said that I didnt know,I wasnt a lawyer.
I never said it was ok to shoot federal agents,or any law enforcement officers.
Dont put words in my mouth.
How do you think Federal agents are going to do a warrantless search of your house? They are going to break in and do it. They will probably be armed. If you come home during that search, there won't be a uniformed officer holding a warrant.
How do you propose those 2 armed men in your house be identified? If they aren't easily identified, you are justified to shoot them since it is OK to shoot intruders. They have no legal standing to be in your house without a warrant.