Language

Reporter's Notebook: Bill Conroy

Bush administration's abuse of FISA warrants linked to Sibel Edmonds case

FBI whistleblower Sibel Edmonds is continuing her fight to expose what she claims is serious corruption within the Bush administration. To date, the Bush administration has used the state-secrets privilege claim to silence Edmonds and prevent her from presenting evidence in the courts or Congress.

However, it now appears Edmonds has found a way to beat the state-secrets gag order.
In the coming weeks, insiders tell Narco News, Edmonds and the group she founded, the National Security Whistleblowers Coalition, will be coming forward with hard evidence, obtained legally from third-party sources, demonstrating that the Bush administration has used FISA warrants to engage in unauthorized surveillance of members of Congress and their staffs, and allegedly the FISA court was not aware of this misuse of the warrants.

The federal FISA court (set up under the Foreign Intelligence Surveillance Act) issues surveillance warrants (usually to the FBI) that target foreign intelligence agents operating in the United States. However, the warrants are not supposed to be used to conduct surveillance on U.S. citizens who are not acting illegally in the interest of a foreign power, such as members of Congress.

The fact that over the past five years, no known criminal investigations or indictments have resulted from the FISA warrants in question, Narco News sources claim, leads to the possibility that the information gathered through the warrants was being used by the Bush administration for political control and not law enforcement purposes.

These allegations go to the heart of Edmonds claims that she is being silenced for attempting to expose espionage-related activities (intercepted through wiretaps) that would reveal a trail of corruption within the Bush administration that is a threat to the national security of the country.

To date, the Department of Justice has used the broad powers of national security to prevent any public inquiry into Edmonds’ charges.

The new evidence soon to surface promises to expose the DOJ’s charade in the name of national security and also would raise serious questions about whether the Bush administration is improperly using FISA warrants to control members of Congress.

This is the information being provided to Narco News. The evidence itself is supposed to be released publicly in early March. So this represents little more than a heads up at this time. If the sources are correct, within the next few weeks, these new revelations should be the talk of the nation.

In anticipation of this new evidence being made public, behind the scenes an effort is already underway to get Congress to take up the Edmonds case through public hearings. A petition is currently being circulated for that very purpose, Narco News sources say.

So stay tuned to see if this all plays out as Narco News' sources predict -- and, assuming it does, if the mainstream press actually steps up to the plate to do its job in protecting the democracy.

The Petition

Sponsored by NSWBC & Liberty Coalition

To: The House Committee on Oversight and Government Reform

A Petition to require public hearings by the House Committee on Oversight and Government Reform into confirmed reports by FBI Whistleblower Sibel Edmonds of wrongdoing, criminal activities, cover-ups against the security and interests of the United States and its citizenry, and the erroneous use of the State Secrets Privilege to shut down all court proceedings in her case.

In March 2002 the Department of Justice’s Office of the Inspector General (DOJ-IG) began its investigation of Ms. Edmonds’ reports.

In June 2002, in at least two unclassified Senate briefings, FBI officials confirmed the validity of Ms. Edmonds reports; however, in May 2004 Attorney General Ashcroft retroactively classified information from these briefings and gagged the Congress, preventing further investigation.

In October 2002 Attorney General Ashcroft invoked the ‘State Secrets Privilege’ to block all court proceedings in Edmonds’ case.

In July 2004 the DOJ-IG investigation into Edmonds' dismissal was completed but was entirely classified.

In January 2005 the DOJ-IG released an unclassified summary report on Edmonds’ case which concluded that Edmonds was fired for reporting serious security breaches and misconduct in the agency's translation program, and that many of her allegations were supported by other witnesses and documents.

The issues that were reported by Ms. Edmonds include:

Cases of espionage activities within the FBI, DOD, and the Department of State;

Cases of cover-up of information and leads pre and post 9/11, under the excuse of protecting certain diplomatic relations;

Cases of intentional blocking and mistranslation of crucial intelligence by FBI translators and management;

Cases of foreign entities bribing certain government officials and elected representatives.

Edmonds filed a whistleblower lawsuit against the Department of Justice, but the government successfully argued that the state secrets privilege was an absolute bar to her suit going forward. She was even barred from the courtroom during the argument of her appeal! The Supreme Court declined to review the case. The government's invocation of the state secrets privilege in a motion to dismiss her case contradicts the core idea of judicial review and essentially allows the Executive Branch to dictate to the federal courts what cases they can and can’t hear.

Invoking the State Secrets Privilege is a tactic frequently used by the Executive Branch to stop potentially embarrassing lawsuits against the government. Many of these suits are brought by government employees, such as Ms. Edmonds, who allege fraud, mismanagement, or other unlawful conduct, and the state secrets privilege has successfully been invoked by the government to silence them. The state secrets provision has been used too frequently and with too little public protection.

Given the seriousness of Ms. Edmonds’ reports and in the best interests of the security of the country, it is incumbent upon the Congress to exercise its oversight responsibilities and authority as representatives of the people of the United States, therefore:

We, the undersigned, now call upon the House Committee on Oversight and Government Reform in Congress to hold public hearings into the case of FBI Whistleblower Sibel Edmonds, and the erroneous use of the State Secrets Privilege to shut down all court proceedings in her case.

American Civil Liberties Union (ACLU)
Anthony Romero, National Director

National Coalition against Censorship
Joan E. Bertin, Executive Director

Bill of Rights Defense Committee (BORDC)
Nancy Talanian, Director

National Security Whistleblowers Coalition
Bill Weaver, Board Member

Liberty Coalition
Michael Ostrolenk, Co-founder & Director

National Whistleblower Center
Steve Kohn, Chair

Open the Government .Org
Patrice McDermott, Executive Director

U.S.-Armenian Public Affairs Committee (USAPAC)
Ross Vartian, Executive Director

Citizens for Responsibility & Ethics in Washington (CREW)
Melanie Sloan, Director

Citizen Outreach
Doug Bandow, Vice President of Policy

Concerned Foreign Service Officers
Daniel Hirsch, Board Member

Fairfax County Privacy Council
Mike Stollenwerk, Director

Federal Hispanic Law Enforcement Officers Association
Sandalio Gonzalez, Director

Government Accountability Project (GAP)
Tom Devine, Legal Director

National Air Disaster Alliance/Foundation
Gail Dunham, President

Ohio Taxpayers Association & OTA Foundation
Scott Pullins, Chairman & CEO

Project on Government Oversight (POGO)
Danielle Brian, Executive Director

September 11th Advocates
Mindy Kleinberg, Director

Veterans Affairs Whistleblowers Coalition (VAWBC)
Dr. Jeffrey Fudin, President

U.S. Bill of Rights Foundation (USBOR)
 Dane Von Breichenruchardt, President

Privacy Activism
Linda Ackerman, Staff Counsel

The Multiracial Activists,
James Landrith, Founder

The New Grady Coalition
Ron Marshall, Director

Comments

Bush arrogance led to attorney firings

Bush arrogance led to attorney firings
By Eugene Robinson - Washington Post -March 17, 2007.

W as it arrogance or ignorance that led the Bush administration to think it could pull off what looks, walks and quacks like a transparently political decision to fire those eight U.S. attorneys? A good deal of both, I'm guessing.

Actually, I take that back. No guesswork is needed.

Arrogance has been the most consistent hallmark of George W. Bush's presidency. His administration's simple philosophy of government has been consistent: We can do any damn thing we want.

We can invade Iraq. We can blow off the Geneva Conventions. We can listen to your private phone calls, Mr. and Ms. America, and we can read your private e-mails, too. We can arrest anybody we want, hold them as long as we want, and we don't even have to tell them why, much less file formal charges or hold a trial. We can even defy the laws of science -- or at least ignore the ones that annoy us, like that whole "greenhouse effect" thing. We can pose with the troops for photo-ops when they come back from war grievously wounded, and then basically forget about them.

And we don't have to explain ourselves, either. The nerve of anyone to even ask us. Don't you people understand that asking impertinent questions of the White House is exactly what Osama bin Laden wants you to do? OK, but even given this kind of world-class arrogance, it's still pretty amazing that barely a month after the nation had taken a two-by-four to the administration's head in last November's midterm election -- delivering a not-so-gentle reminder that the president works for us, not vice versa -- the White House would still plow ahead with a long-brewing plot to fire a few designated federal prosecutors who couldn't seem to get with the "any damn thing we want" program.

Just to be clear, this kind of selective dismissal of a group of U.S. attorneys is highly unusual. It's bad enough that Attorney General Alberto Gonzales misled Congress about the firings; the specific truths his falsehoods obscured -- that the White House was involved in the firings, and that partisan political motivations may have been involved -- are much worse.

We know from e-mails -- Why do people put this stuff in e-mails, which have the half-life of nuclear waste? -- that political "loyalty" to the White House was a factor in deciding which prosecutors to fire. We also know that the White House passed along to the Justice Department the complaints of Republican congressmen and other party pooh-bahs that allegations of voter fraud against Democrats were not being pursued aggressively enough.

All that adds up to arrogance. Here's where the ignorance comes in: Gonzales accepts "responsibility" without accepting the blame that comes with it, since he could hardly be expected to know what was going on in the whole vast Justice Department.

I've got to admit, I felt a twinge of sympathy for Gonzales when, bravely and cluelessly, he faced the television cameras Tuesday and vowed to find out why he had given Congress categorical assurances that were not remotely true. He bears the burden of being the first Latino attorney general -- the first member of the nation's largest minority to hold such a senior position in the U.S. government. I have a sense of what that must mean to him, a sense of why he is so determined not to resign, why he made a point of declaring that he didn't get to where he is by giving up.

But it was just a twinge. Then I remembered that Gonzales was the author of the notorious "torture memo" that greenlighted interrogation techniques for war-on-terror detainees that are designed to induce excruciating physical and psychological pain. Gonzales wrote of a "new paradigm" in which there is no conflict between American values and "inhuman treatment" of prisoners.

Determined to keep his job, Gonzales said he will leave no stone unturned in discovering why he said what he said to Congress about the U.S. attorney firings. I've got an idea: He can order the FBI to issue a "national security letter" and then rummage through his private communications on an unlawful fishing expedition, as has happened to many thousands of Americans -- on Gonzales' watch.

If that fails, Gonzales can declare himself an enemy combatant, have himself whisked away in the dead of night to some secret prison, and allow himself to be "waterboarded" until he finally sputters out the truth.

If the man is willing to practice what he preaches, he can stay. Otherwise, he's got to go.

Eugene Robinson writes for the Washington Post. His column is distributed by the Washington Post Writers Group, 1150 15th NW, Washington, DC 20071. You can reach him at eugenerobinson@washpost.com.
http://www.detnews.com/apps/pbcs.dll/article?AID=/ 20070317/OPINION03/703170311

Evidence of FISA warrant abuse released

The National Security Whistleblowers Coalition came through on its end by releasing evidence of the Bush administration's use of FISA warrants to engage in unauthorized surveillance of members of Congress and their staffs.

However, it appears the mainstream press has once again fallen down on the job in reporting on this evidence. So in case you missed it, and likely you did, unless you did a Google News search under Sibel Edmonds' name, following is the NSWBC March 5 press release, including a link to the documented evidence, revealing the sordid activities by our beloved leaders.

Now I'm going to go wrap some fish with my daily newspaper, in the hopes of covering up one stink with another.

Two FBI Whistleblowers Confirm Illegal Wiretapping of Government Officials and Misuse of FISA

State Secrets Privilege Was Used to Cover Up Corruption and Silence Whistleblowers

The National Security Whistleblowers Coalition ( NSWBC) has obtained a copy of an official complaint filed by a veteran FBI Special Agent, Gilbert Graham, with the Department of Justice Office of the Inspector General (DOJ-OIG). SA Graham’s protected disclosures report the violation of the Foreign Intelligence Surveillance Act (FISA) in conducting electronic surveillance of high-profile U.S. public officials.

Before his retirement in 2002, SA Gilbert Graham worked for the FBI Washington Field Office (WFO) Squad NS-24. One of the main areas of Mr. Graham’s counterintelligence investigations involved espionage activities by Turkish officials and agents in the United States. On April 2, 2002, Graham filed with the DOJ-OIG a classified protected disclosure, which provided a detailed account of FISA violations involving misuse of FISA warrants to engage in domestic surveillance.  In his unclassified report SA Graham states: “It is the complainant’s reasonable belief that the request for ELSUR [electronic surveillance] coverage was a subterfuge to collect evidentiary information concerning public corruption matters.”  Graham blew the whistle on this illegal behavior, but the actions were covered up by the Department of Justice and the Attorney General’s office.

Click here to read the unclassified version of SA Graham’s Official Report.

The report filed by SA Graham bolsters another FBI whistleblower’s case that became public several months after Graham’s official filing with the Justice Department in 2002. Sibel Edmonds, former FBI Language Specialist, also worked for the FBI Washington Field Office (WFO), and her assignments included the translations of Turkish Counterintelligence documents and audiotapes, some of which were part of espionage investigations led by SA Graham. After she filed her complaint with the DOJ-OIG and Congress, she was retaliated against by the FBI and ultimately fired in March 2002. Court proceedings in Edmonds’ case were blocked by the assertion of the State Secrets Privilege by then Attorney General John Ashcroft, and the Congress gagged and prevented from investigating her case through retroactive re-classification of documents by DOJ. To read the timeline on Edmonds’ case Click here.

Edmonds’ complaint included allegations of illegal activities by Turkish organizations and their agents in the United States, and the involvement of certain elected and appointed U.S. officials in the Department of State, Pentagon, and the U.S. Congress in these activities. In its September 2005 issue, Vanity Fair ran a comprehensive piece on Edmonds’ case by reporter David Rose, in which several former and current congressional and Justice Department officials identified former House Speaker Dennis Hastert as being involved in illegal activities with the Turkish organizations and personnel targeted in FBI investigations. In addition, Rose reported: “…much of what Edmonds reportedly heard seemed to concern not state espionage but criminal activity. There was talk, she told investigators, of laundering the profits of large-scale drug deals and of selling classified military technologies to the highest bidder.” In January 2005, DOJ-OIG released an unclassified summary of its investigation into Edmonds' termination. The report concluded that Edmonds was fired for reporting serious security breaches and misconduct in the agency's translation program, and that many of her allegations were supported by convincing evidence.

Another Former Veteran FBI Counterintelligence and Espionage Specialist at FBI Headquarters in Washington DC also filed similar reports with DOJ-OIG and several congressional offices regarding violations of FISA implementation and the covering up of several espionage cases involving FBI Language Specialists and public corruption cases by the Bureau. The cases reported by this whistleblower corroborate those reported by SA Graham and Sibel Edmonds. In an interview with NSWBC investigators the former FBI Specialist, who wished to remain anonymous, stated: “…you are looking at covering up massive public corruption and espionage cases; to top that off you have major violations of FISA by the FBI Washington Field Office and HQ targeting these cases. Everyone involved has motive to cover up these reports and prevent investigation and public disclosure. No wonder they invoked the state secrets privilege in Edmonds’ case.”

William Weaver, NSWBC Senior Advisor noted that: ”These abuses of power are precisely why we must pay attention to whistleblowers.  Preservation of the balance of powers between the branches of government increasingly relies on information provided by whistleblowers, especially in the face of aggressive and expanding executive power.  Through illegal surveillance members of Congress and other officials may be controlled by the executive branch, thereby dissolving the matrix of our democracy.  The abuse of two powers of secrecy, FISA and the state secrets privilege, are working hand in hand to subvert the Constitution. In an abominably perverse arrangement, the abuse of FISA is being covered up by abuse of the state secrets privilege. Only whistleblowers and the congressional and judicial oversight their revelations spawn can bring our system back into balance.”

Several civil liberties and whistleblowers organizations have joined Edmonds and NSWBC in urging congress to hold public hearing on Edmonds’ case, including the supporting cases of SA Graham and other FBI witnesses, and the erroneous use of state secrets privilege by the executive branch to cover up its own illegal conduct. The petition endorsed by these groups is expected to be released to public in the next few days.

User login