Tag Archives: National Security Agency (NSA)

Misusing The Office Of The Presidency

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On Friday, The Daily Signal posted an article detailing how the Obama administration used secret information to undermine the incoming Trump administration.

The article reports:

Heavily redacted documents from the National Security Agency tell at least part of the story of a final-month rush by the outgoing Obama administration to torpedo the incoming presidency of Donald Trump. 

The Daily Signal obtained 217 pages of documents from the NSA through a Freedom of Information Act request. The documents reveal that Obama administration officials, from Vice President Joe Biden down to several ambassadors and many officials in the Treasury and Energy departments, gained access to secret information about Lt. Gen. Michael Flynn, President-elect Trump’s choice for national security adviser.

The article includes screen captures of many of the documents.

The article continues:

In May 2020, then-acting Director of National Intelligence Rick Grenell declassified information and provided Congress with a list of names involved in the Obama administration’s “unmasking” of Flynn, Trump’s original pick for national security adviser, who directed the Defense Intelligence Agency for two years under Obama.

Senate Republicans Chuck Grassley of Iowa and Ron Johnson of Wisconsin released the list of Obama admnistration officials. 

“Unmasking” is the practice of disclosing to political appointees the identities of U.S. citizens referenced or recorded in intelligence surveillance of foreign nationals. Names of citizens typically are redacted, or obscured, from such reports, unless a specific request is made to “unmask” those citizens. 

NSA emails about most such requests from Obama officials regarding Flynn bear this message: “The identities of the named U.S. persons and organizations is required for full understanding of the intelligence in the report.” 

Several of the NSA documents note Americans’ Fourth Amendment rights, including the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” The amendment to the Constitution also requires warrants “upon probable cause.”

The Obama administration and the Biden administration have consistently ignored the Constitution. Rarely have the other two branches of government pushed back. Some recent decisions by the Supreme Court have undone some unconstitutional laws, but we need the Republicans in Congress to stand up for our Constitution.

The Patriot Act

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I apologize for the length of this article, but all of it is important information.

On June 14th, The Epoch Times posted an article about surveillance of American citizens by our government. This surveillance has reached the point when none of us really have any privacy. One example of the lack of privacy is the government collecting data from The Bank of America on anyone who made credit card purchases in the Washington, D.C. area on January 6th.

The article reports:

Congressional debates about whether to renew Section 702 are coming amid numerous reports that the FBI and other federal intelligence agencies have abused the surveillance authority granted to them by this law. Critics say there is mounting evidence that federal agencies have been using laws, which were intended to target foreign terrorists, to conduct extensive, long-term domestic spying campaigns on U.S. citizens.

“To prevent Section 702 from being used as an end run around [Fourth Amendment] protections, Congress did two things: It required the government to minimize the collection, sharing and retention of Americans’ personal information … and it required the government to certify to the FISA court on an annual basis that it is not using Section 702 to try to access the communications of particular known Americans,” Elizabeth Goitein, a senior director at New York University’s Brennan Center for Justice, told conference attendees.

“What has become abundantly clear over the last 15 years is that these protections are not working,” Goitein said. “All agencies that receive Section 702 data have procedures in place, approved by the FISA court, that allow them to run electronic searches … for the purpose of finding and retrieving the phone calls, text messages and emails of Americans.”

A report by the Brennan Center for Justice states that “since 2006, the National Security Agency (NSA) has been secretly collecting the phone records of millions of Americans from some of the largest telecommunications providers in the United States, via a series of regularly renewed requests by the Federal Bureau of Investigation (FBI).”

In addition, the report states that “over the past six years, the NSA has obtained unprecedented access to the data processed by nine leading U.S. internet companies. This was facilitated by a computer network named PRISM. The companies involved include Google, Facebook, Skype, and Apple.”

Below is a paraphrase of an email I received this morning from a friend:

Congress is repealing the Patriot Act or at least portions of it. The FISA process needs to be repealed. Some will say it can be fixed; however, I am proffering it can not and must be shut down. The process is based on two fundamentals: 1) if anyone lies, the process will catch it and 2) groups of people will not collude to abuse the process against a group of people because again, the process will catch this. Based on the last eight (8) years both of these fundamentals have been proven wrong. When President Obama spied on Candidate Trump it demonstrated these fundamentals are no longer true. When fundamentals are violated, the structure built upon these will surely fail and this has been demonstrated. Thus, as a former NSA systems engineer, I am asking Congress to cancel this. Besides, based on the abuses, intelligence must relearn how to do the job the hard way before this privilege was granted by the Congress.The process in my mind is not just the obtaining of a warrant through a FISA process but adding the back end processes where every query into an intelligence data repository is audited, auditors review the queries to ensure these are not potential abuses, investigating when there could be and reporting to Judicial, logs of who is allowed to access intelligence repositories along with the lifestyle security back ground security clearance, logs tracking who received intelligence product created from access to the intelligence data repositories, and a strict process and logging on unmasking of US persons.

In my last years at NSA, the rules for accessing intelligence data repositories changed; NSA no longer controls those accesses . Each agency now creates their own policies, and the strict back ground security clearance is no longer required. Further Compliance activities have shortened the length of time data and data logs are retained–some as long as only two (2)years, one House of Representative term. There is no way an audit could be done now of the spying which did occur in 2016; all those logs are gone as of 2018. Pleas were sent asking Congress to send an order to retain; but alas, Congress refused to do this.Why is this important?  The Fourth Amendment of the United States Constitution protects all U.S. citizens anywhere in the world and within the United States from unreasonable searches and seizures by any person or agency acting on behalf of the U.S. Government. The U.S. Supreme Court has ruled that the interception of electronic communications is a search and seizure within the meaning of the Fourth Amendment. This is a fundamental right of all US Persons, most of whom are Americans.FISA (Foreign Intelligence Surveillance Act) permits electronic surveillance in two situations. First, the President is authorized to use warrantless wiretapping for the protection of the US against a potential grave attack, sabotage, or espionage, on the condition that the government does not tap any U.S. citizen. Second, federal law enforcement officials must obtain a warrant for foreign taps that does not meet the criteria of the first situation. To obtain the warrant, the FISA court (also created by the Act) must find probable cause the individual targeted is a foreign power or an agent of a foreign power and a foreign power is likely to use the place to be tapped. So, within law and policy there are a series of governance for the FISA (Court) must abide by as do the Intelligence and Law Communities. The reason for strict adherence is when presenting a FISA warrant, the person being targeted is not afforded the right to counsel. Only the Judges and Agents seeking permission are present in the court room. Again, the procedures, instructions, and guidance built to ensure the law is followed are based on assumptions. Again, the first assumption is if any one lies, it will be caught by the process. Again,a second is if a group of people collude to seek violating someone’s rights it will be caught by the process. With LTG Flynn, the FBI IG report shows that these fundamental assumptions are no longer true.Thus, the question of should FISA stay or go is based on whether you think processes can be modified to overcome flawed base assumptions or do you think it is better to rebuild the system with new assumptions. Our Federal Representatives will be asked to participate and vote on fixing the current system. It is proffered, perhaps shutting FISA down and rebuilding with new fundamental assumptions people will lie is a better way ahead than trying to find out all the places the fundamental assumptions have failed. Congress needs to repeal this process (BTW: it pains me to take this position – but it is imperative).

 

There Are A Few Strings Attached To This Deal

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On Monday, The National Review reported that Vladimir Putin has granted Russian citizenship to Edward Snowden. Nine years ago Edward Snowden fled to Russia after leaking information about secret wide-ranging information-gathering programs conducted by the National Security Agency (NSA). I have no idea whether or not that leaking was good or bad–I simply don’t know enough about it, but in view of what we have learned about government spying in the recent past, I am not sure who the good guys are here.

The article reports:

“After years of separation from our parents, my wife and I have no desire to be separated from our son. That’s why, in this era of pandemics and closed borders, we’re applying for dual US-Russian citizenship,” Snowden wrote on Twitter.

“Lindsay and I will remain Americans, raising our son with all the values of the America we love, including the freedom to speak his mind. And I look forward to the day I can return to the States, so the whole family can be reunited. Our greatest wish is that, wherever our son lives, he feels at home,” he added.

The former intelligence contractor leaked classified information from the National Security Agency in 2013, revealing the extent of mass surveillance in the country. The Department of Justice charged him with violating the Espionage Act of 1917, and he fled to Russia to avoid the charges.

The article concludes:

Snowden’s approval comes as Putin has eased the citizenship process for Ukrainians and those who serve in the Russian military amid the war on Ukraine.

On Saturday, Putin signed a law granting Russian citizenship to foreigners who serve for one year in the Russian Armed Forces.

My understanding is that when Snowden becomes a Russian citizen, he is eligible to be drafted into the Russian army. This could get interesting.

Big Brother Doesn’t Need A Warrant

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On Friday, The Wall Street Journal reported the following:

The Federal Bureau of Investigation performed potentially millions of searches of American electronic data last year without a warrant, U.S. intelligence officials said Friday, a revelation likely to stoke longstanding concerns in Congress about government surveillance and privacy.

An annual report published Friday by the Office of the Director of National Intelligence disclosed that the FBI conducted as many as 3.4 million searches of U.S. data that had been previously collected by the National Security Agency.

Senior Biden administration officials said the actual number of searches is likely far lower, citing complexities in counting and sorting foreign data from U.S. data. It couldn’t be learned from the report how many Americans’ data was examined by the FBI under the program, though officials said it was also almost certainly a much smaller number.

The report doesn’t allege the FBI was routinely searching American data improperly or illegally.

The disclosure of the searches marks the first time a U.S. intelligence agency has published an accounting, however imprecise, of the FBI’s grabs of American data through a section of the Foreign Intelligence Surveillance Act, the 1978 law that governs some foreign intelligence gathering. The section of FISA that authorizes the FBI’s activity, known as Section 702, is due to expire next year.

I think the Republicans need to be very careful about any law they pass that involves searching records, electronic or otherwise. This section of the FISA law needs to be allowed to expire next year. The fuse that began the use of government agencies for political purposes is found in the Patriot Act.

On Thursday, The Conservative Treehouse noted:

After the Patriot Act was triggered, not coincidentally only six weeks after 9/11, a slow and dangerous fuse was lit that ends with the intelligence apparatus being granted a massive amount of power. The problem with assembled power is always what happens when a Machiavellian network takes control over that power and begins the process to weaponize the tools for their own malicious benefit. That is exactly what Barack Obama was all about.

The Obama network took pre-assembled intelligence weapons we should never have allowed to be created, and turned those weapons into tools for his radical and fundamental change. The target was the essential fabric of our nation. Ultimately, this corrupt political process gave power to create the Fourth Branch of Government, the Intelligence Branch. From that perspective the fundamental change was successful.

The Wall Street Journal article concludes:

“For anyone outside the U.S. government, the astronomical number of FBI searches of Americans’ communications is either highly alarming or entirely meaningless,” Sen. Ron Wyden (D., Ore.), a privacy advocate, said. “Somewhere in all that overcounting are real numbers of FBI searches, for content and for nonconsent—numbers that Congress and the American people need before Section 702 is reauthorized.”

At a conference later Friday, Matt Olsen, the chief of the Justice Department’s national security division, said agencies were discussing what they could declassify about the use of Section 702 to demonstrate its value. He added that he expected to be able to share more information in the coming months.

The FBI has previously faced scrutiny for its oversight of how authorities plumb Section 702 data, including a rebuke from the Foreign Intelligence Surveillance Court in 2018 that found some searches violated the constitutional privacy rights of Americans.

In response, the FBI has imposed new safeguards meant to better ensure compliance. Those include a requirement that all searches involving 100 or more query terms get additional approvals and that analysts actively opt in to search Section 702 data, rather than passively allowing it.

Friday’s report also revealed four instances last year in which the FBI, due to specific factual considerations about a search of data, should have sought approval from the Foreign Intelligence Surveillance Court before performing a search and looking at the content of U.S. communications that were produced.

The FBI has never sought approval from the court since the requirement was adopted in 2018, officials said.

Please follow the links above to read both articles. Big brother is watching all of us.

The Timeline Is Important

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When you look up Sharyl Attkisson this is what you find, “Sharyl Attkisson is a nonpartisan Investigative Journalist who tries to give you information others don’t want you to have. What you do with it is your own business. Do your own research. Seek advice from those you trust. Make up your own mind. Think for yourself.” That is a pretty accurate description of a lady who works hard to report the truth.She has received numerous awards for her investigative reporting and was under surveillance during the Obama administration because she got too close to the truth in her reporting about Fast and Furious.

On her website, she recently posted a timeline of all of the illegal surveillance carried out by the Obama administration. Please follow the link to see the entire timeline. I am going to focus only on the part beginning in the summer of 2016.

The article reports:

Summer 2016:

The FBI reportedly tries to obtain a secret FISA court order to monitor communications of Trump adviser Carter Page, alleging that Page is acting as a Russian agent. The application is turned down but approved in October when the anti-Trump “dossier” is included to justify the wiretap application.

2016:

It’s not yet known publicly, but CNN later reports that the Obama Justice Department wiretapped Trump campaign manager Paul Manafort before the 2016 election over Russia ties, closed the investigation, then began surveillance anew sometime in the fall and continued it through the early part of 2017.

Fall 2016:

Trump opponents “shop” to reporters a political opposition research “dossier” alleging Trump is guilty of various inappropriate acts regarding Russia. The information is unverified (and some of it is false) and the press doesn’t publish it, but a copy is provided to the FBI.

September 26, 2016:

It’s not publicly known at the time, but the government makes a proposal to the secretive Foreign Intelligence Surveillance Court (FISC) court to allow the National Counter Terrorism Center to access “unmasked” intel on Americans acquired by the FBI and NSA. (The Court later approves as “appropriate”.)

October 7, 2016:

Former vice chair of the Joint Chiefs of Staff James Cartwright pleads guilty in a leak investigation to lying to the FBI about his discussions with reporters regarding Iran’s nuclear program.

October 26, 2016:

At  closed-door hearing before the Foreign Intelligence Surveillance Court, the Obama administration disclosed that it had been violating surveillance safeguards, according to Circa. It disclosed that more than 5 percent of its searches of the NSA’s database violated safeguards promised in 2011.

November 8, 2016:

Donald Trump is elected President.

November 2016-January 2017:

News reports claim Rice’s interest in the NSA materials accelerates after President Trump’s election through his January inauguration. Surveillance reportedly included Trump transition figures and/or foreign officials discussing a Trump administration.

December 2016:

FBI secretly monitors and records communications between Russian ambassador, Sergey Kislyak and Lt. Gen. Michael Flynn, who later became President Trump’s national security adviser.

After Trump’s election, Obama officials take steps to ensure certain intelligence gathered regarding Trump associates is “spread across the government.” One Obama official would later say it’s because they were afraid once Trump officials “found out how we knew what we knew,” the intelligence would be destroyed. However, Obama critics later theorize Obama officials were working to mount opposition to Trump’s presidency.

December 15, 2016:

National Security Adviser Susan Rice later reportedly acknowledged that the Obama administration spied on Trump officials in Trump Tower on this date, but claimed it was incidental to the administration’s spying on the foreign leader they were meeting with: the UAE crown prince. Rice also reportedly admitted to “unmasking” the names of the Trump officials who met with the crown prince, saying it was important to know who they were, although the identities of Americans are supposed to be strictly protected except in extraordinary circumstances. Trump officials who met with the crown prince reportedly included: Steve Bannon, Jared Kushner and Gen. Michael Flynn.

January 10, 2017:

The media reports on the leaked anti-Trump “dossier” compiled by a political opposition research group containing unverified and at least partly untrue allegations of misconduct involving Trump and Russia.

January 12, 2017:

The Obama administration finalizes new rules allowing the National Security Agency (NSA) to spread certain intelligence to 16 other U.S. intel agencies without the normal privacy protections.

President Obama commutes all but the last four months of Manning’s sentence for leaking intelligence information to WikiLeaks.

February 2, 2017:

The news reports that five information technology (IT) computer professionals employed by Democrats in the House of Representatives are under criminal investigation for allegedly “accessing House IT systems without lawmakers’ knowledge.” The suspects include three brothers identified as Abid, Imran and Jamal Awan “who managed office information technology for members of the House Permanent Select Committee on Intelligence and other lawmakers.” The brothers were said to have been employed by three Democrats on the Intelligence Committee and “five members of the House Committee on Foreign Affairs which deal with with many of the nation’s most sensitive issues and documents, including those related to the war on terrorism.”

February 9, 2017:

News of the FBI recordings of Lt. Gen. Flynn speaking with Russia’s ambassador is leaked to the press. The New York Times and the Washington Post report that Flynn was captured on wiretaps discussing current U.S. sanctions, despite Flynn’s earlier denials.

The Washington Post also reports the FBI reviewed Flynn’s calls with Russian ambassador and “found nothing illicit.”

I realize that is a long list, but there are a few things in it that stand out to me. President Trump took office on January 20th. Why would President Obama change long-standing rules on handling intelligence eight days before leaving office? Why have we heard nothing about any consequences the Awan brothers have suffered because of their activities? Why were there no consequences for the spying on Trump Tower?

The timeline of the increased unmasking during the transition period and during the early days of the Trump administration is very telling. This looks like the setting up of a shadow government to make sure the previous illicit activities were not discovered. I firmly believe that General Flynn was targeted because he was smart enough and had been around Washington enough to figure out quickly what was going on. Had General Flynn stayed on the White House staff, I suspect there might already be some people on trial for their misdeeds. That may well have been the reason he was targeted. The reason he is still being targeted is that those who broke the law want to make sure he is never put in a position to uncover their misdeeds.

This Is Not A Surprise, But It Is Really Tacky

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The Center for Security Policy is reporting today that a new think tank has recently formed in Washington. The think tank, called National Security Action (NSA), is made up of about fifty former Obama administration officials. Three founding members are Ben Rhodes, Susan Rice and Samantha Power. Even in Washington, could anyone find three people with a worse record of telling the truth?

The article reports:

The mission statement of the group is anything but subtle: “National Security Action is dedicated to advancing American global leadership and opposing the reckless policies of the Trump administration that endanger our national security and undermine U.S. strength in the world.”

National Security Action plans to pursue typical liberal foreign policy themes such as climate change, challenging President Trump’s leadership, immigration and allegations of corruption between the president and foreign powers.

This organization uses the acronym NSA, which is ironic. Three of its founding members – Ben Rhodes, Susan Rice and Samantha Power – likely were involved in abusing intelligence from the federal NSA (National Security Agency) to unmask the names of Trump campaign staff from intelligence reports and to leak NSA intercepts to the media to hurt Donald Trump politically. This included a leak to the media of an NSA transcript in February 2017 of former National Security Adviser Michael Flynn’s discussion with Russian Ambassador to the U.S. Sergei Kislyak. No one has been prosecuted for this leak.

…It is interesting that the new anti-Trump group says nothing in its mandate about protecting the privacy of Americans from illegal surveillance, preventing the politicization of U.S. intelligence agencies or promoting aggressive intelligence oversight. Maybe this is because the founders plan to abuse U.S. intelligence agencies to spy on Republican lawmakers and candidates if they join a future Democratic administration.

I am sure that the formation of this group is not unrelated to the 2018 and 2020 elections. I also suspect that part of the purpose of this group is to create a positive image of Barack Obama. As the Trump administration continues and the economy and foreign relations improve, it is becoming very obvious that America needed to move in a new direction after eight years of President Obama. I suspect that this group is going to work very hard to undermine President Trump and convince Americans that President Obama’s policies were successful. Good luck.

 

We Seem To Have A Problem With Our Intelligence Community Understanding That It Is Supposed To Work Within The Constraints Of Our Representative Republic

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Townhall posted an article today by Sharyl Attkisson about misconduct by the intelligence community of our government.

The article lists ten examples of the intelligence community running amok:

Telecom takeover

Joe Nacchio, CEO of telecom giant Qwest, said that after he refused to spy on his customers for the National Security Agency (NSA) without a warrant in February of 2001, the government retaliated by yanking a contract worth hundreds of millions of dollars and filing an insider trading case against him. He went to prison. The government denied charges of retaliation. 

Olympic spying

In 2002, the NSA reportedly engaged in “blanket surveillance” of the Winter Olympics in Salt Lake City, Utah, collecting and storing “virtually all electronic communications going into or out of the Salt Lake City area, including … emails and text messages” to “experiment with and fine tune a new scale of mass surveillance.” NSA officials had denied such a program existed.

Spying on Congress

In 2005 intel officials intercepted and recorded phone conversations between then-Congresswoman Jane Harman (D-Calif.)  and pro-Israel lobbyists who were under investigation for espionage.

[…]

Journalist “witch hunts”

Internal emails from a “global intelligence company” executive in 2010 stated: “Brennan is behind the witch hunts of investigative journalists learning information from inside the beltway sources.

[…]

Misleading on mass spying

On March 12, 2013, Director of National Intelligence James Clapper told Congress that intel officials were not collecting mass data on tens of millions of Americans.

[…]

More spying on Congress

CIA officials improperly accessed Senate Intelligence Committee computers, according to an Inspector General report in July 2014, contradicting denials by then-CIA Director Brennan.

[…]

NSA privacy violations

In fall 2016, the government confessed to the Foreign Intelligence Surveillance Court “significant non-compliance” of crucial procedures designed to protect privacy rights of U.S. citizens.

[…]

Intel mutiny?

Government requests to see or “unmask” names of Americans whose communications are “incidentally” captured during national security surveillance are supposed to be rare and justified.

[…]

Politically motivated press leak

In May 2017, former FBI Director James Comey secretly orchestrated a “leak” to The New York Times of negative memos he said he wrote contemporaneously about President Trump, with the motive of spurring the appointment of a special counsel to investigate the president’s alleged Russia ties.

[…]

Conflicted investigators

One purpose of special counsel investigations, such as the Russia investigation being led by former FBI Director Mueller, is to avoid the appearance of conflicts of interest. But multiple investigators working on Mueller’s team have been removed after being caught in compromising positions.

The swamp has been operating successfully for a number of years. It is time for the leadership in the intelligence community to resign. The intelligence community needs to go back to doing their job of protecting Americans–not spying on people who disagree with their political philosophy.

The article reminds us:

This issue has special meaning to the former CBS reporter, who alleges she was spied on by the Obama administration. She’s documented the reported Obama surveillance timeline on her website as well. Even left leaning journalists, like Glenn Greenwald of The Intercept, said the leaks from the intelligence community are a prescription to the destruction of our government. Granted, Greenwald’s publication is set up as a safe space for leakers, and to protect them, as they disseminate information relating to government corruption or wrongdoing. Leaking because Hillary Clinton lost isn’t any of those things. Now, Greenwald fears both the deep state and the Trump White House, but noted the former doesn’t have the institutional constraints to keep their power in check.