What Nacchio Tells Us about the NSA

The documents made available by the RMN yesterday provide more details about what the NSA and other government agencies have been doing with fiber optic networks–but it’s still not exactly clear what those documents show. As a preliminary, I’m going to try to put the contents of this CIPA filing into a coherent chronology, to clarify some of the issues. The filing is what Nacchio submitted when the judge said his previous CIPA filing was not detailed enough, and it has a timeline going back to the late 1990s.

From reading the filing, I think (though I think others will disagree) that what Nacchio describes as Groundbreaker is at least the physical tap into switches that we know AT&T to have accomplished. That’s important, because Nacchio walked out of his meeting on February 27, 2001 willing to doGroundbreaker (at least the hardware side of it), but unwilling to do something else NSA requested at thatmeeting. Which means the telecom involvement goes beyond simply tappinginto the switches, and the switch-related aspect is not the troubling side of it.

The rest of this chronology just describes how Qwest has built several fiber optics networks for our intelligence agencies–potentially global in scale–that they claim are "impervious to attack." While it’s not clear whether these networks are connected up with public networks or not (GovNet, the proposed network for the government that got scotched with 9/11, was supposed to be private), it does raise the question of how much of these global networks are for communicating (that is, secure communication within an intelligence agency) and how much are for eavesdropping.

And boy, if I were the rest of the world, I’d be less than thrilled to know Qwest had build a redundant fiber optics network for US intelligence agencies throughout my country.

Here’s the timeline:

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Rove’s Free Lobbying Gig

As you’ve probably already sussed out, the transcript from the Jill Simpson interview with HJC is must-read scandal porn. In it, Simpson clearly states that Rove got involved in the Siegelman prosecution and talked to Public Integrity at DOJ in doing so.

But there’s another bit I’d like to look at closely, which the majority counsel uses to establish that Rob Riley had an extensive relationship with Simpson and that Riley has gotten Rove to intervene with legal favors in the past. Here’s the document they’re discussing in this passage.

Q Okay. And the general substance of this appears to be an effort to get a Senator to send a letter. I’ll read the first two sentences of the e-mail. "I’ve been talking with Robby from Hutchinson’s office. He has offered to try to get the Senator to send this letter." And the letter has to do with getting payment on a FEMA matter.

A That is correct.

Q Can you read the handwritten note that’s at the top?

A "I e-mailed this to" — and that’s the client’s name — "then Karl and Stewart today."

Q Hold on. Oh, I e-mailed — sorry. You are reading it. Sorry.

A I say the blank is the client’s name that I can’t disclose. But it says, I e-mailed this to the client’s name, Karl and Stewart today.

Q And then it says Rob?

A Yes, that’s the note he sent me.

Q You didn’t read the beginning which is "To Jill."

A Yes.

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We Might Yet Crack MZM

I’ve long suspected that MZM is the latter-day incarnation of COINTELPRO, though it had the added advantage that it also made a profit for George Bush’s cronies. Via the Daily Muck, it looks like we might make some progress on MZM.

A formerofficial at the Albemarle County-based National Ground IntelligenceCenter pleaded guilty in federal court Tuesday to a conflict ofinterest charge.

Robert Fromm,a 60-year-old Earlysville resident, was charged in a corruptioninvestigation centered on now-defunct defense contracting firm MZM Inc.

[snip]

The conflictof interest charge arises from allegations that he worked on MZM’sbehalf to influence U.S. Army and Department of Defense officialsregarding the program he previously managed at NGIC.

Fromm’sdefense attorneys previously said their client did not intentionallybreak the law. As part of his plea agreement, Fromm will also cooperatewith a larger federal investigation.

Fromm’s sentencing is January 2008, which suggests he has 3 months to prove he’s a nice guy. Perhaps we’ll learn a little more about MZM in the meantime?

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Groundbreaker and the Secret Request

A couple of you have pointed to the Rocky Mountain News article that claims to confirm what we’ve long suspected–that Joseph Nacchio was denied the ability to defend himself fully because of the Bush Administration’s invocation of "state secrets." I’m going to work through the filings available at the RMN site, but here’s an April 2007 filing that is fairly detailed about Nacchio’s claims. The program Nacchio claims he would have gotten, btw, is called "Groundbreaker."

Although Mr. Nacchio is allowed to tell the jury that he and James Payne went into that meeting expecting to talk about the "Groundbreaker" project and came out of the meeting with optimism about the prospect for 2001 revenue from NSA, the Court has prohibited Mr. Nacchio from eliciting testimony regarding what also occurred at that meeting. [at least one sentence redacted] The Court has also refused to allow Mr. Nacchio to demonstrate that the agency retaliated for this refusal by denying the Groundbreaker and perhaps other work to Qwest.

It appears that Groundbreaker was just a private net for the government that would be relatively safe from hacking, so that’s not the big secret. Though they later say that the meeting was to discuss,

a Qwest "CyberCenter" solution to the Groundbreaker networking issue.

And then, in another section, this filing quotes from a July 2006 interview with Qwest’s govt relations person.

Subsequent to the meeting, the customer came back and expressed disappointment at Qwest’s decision. Payne [Qwest’s govt relations person] realized at this time that "no" was not going to be enough for them. Payne said they never actually said no and it went on for years. In meetings after meetings, they would bring it up. At one point he suggested they just tell them, "no." Nacchio said it was a legal issue and they could not do something their general counsel told them not to do … Nacchio projected that he might do it if they could find a way to do it legally. [my emphasis]

Note to the Senate: this guy says he’s in jail because he refused to break the law. Yet you want to let AT&T off scot-free.

Update: And for those of you who want to ask Jello Jay Rockefeller why AT&T should have immunity for breaking the law while Joseph Nacchio rots in jail, indirectly, because he refused to break th law, Christy has the list of phone numbers.

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I Do Believe I Smell a PR Campaign

AT&T wants something from you. They want immunity from prosecution for breaking existing laws on customer privacy. They want more bandwidth. They want to eliminate net neutrality. They may well want to suck up another company or two, to return to the good old days of MaBell. They want to be the exclusive provider to iPhone customers. And these are all just the issues on the front burner.

Thing is, we’re beginning to catch onto their plans. It has not escaped our notice that AT&T has been planting its allies in all corners of the Federal government just in time to make policy decisions that will make AT&T rich!

Which is why, I suspect, that AT&T has launched into PR mode. They responded somewhat expeditiously when the tech sites noticed that their Terms of Service prevented you from saying anything mean about them.

T&T has altered the language in its reviled TOS to say it thinks it’s okay for people to speak their mind. Really, they hard-wired thatinto the legalese:

AT&T respects freedom of expression and believes it is afoundation of our free society to express differing points of view.AT&T will not terminate, disconnect or suspend service because ofthe views you or we express Read more

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Simpson Claims Rove Worked with Public Integrity on Siegelman Case

According to Jill Simpson’s testimony, in January or February of 2005, Karl Rove met with the head of Public Integrity at DOJ and got him to assign resources to the Don Siegelman case.

A And so, anyway, he was telling me all of the things that Alice had done as far as having messed up the deal. And then I — and that since she had messed it up, he was definitely running, you know what — I mean — and then he proceeds to tell me that Bill Canary and Bob Riley had had a conversation with Karl Rove again and that they had this time gone over and seen whoever was the head of the department of — he called it PIS, which I don’t think that
is the correct acronym, but that’s what he called it. And I had to say what is that and he said that is the Public Integrity Section.

[snip]

Q Okay. And who — when you say they had made a decision, who are you thinking of?

A Whoever that head of that Public Integrity — the PIS was as Rob referred to it. And then whoever — and Karl Rove.

Q And what — well, from talking Read more

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Gonzales Seems to Expect More Trouble

Or at least that’s one thing we might surmise from the news that Gonzales hired George Terwilliger to represent him just after he resigned (h/t bmaz).

No sooner did Alberto Gonzales resign as attorney general last monththan he retained a high-powered Washington criminal-defense lawyer torepresent him in continuing inquiries by Congress and the JusticeDepartment.

[snip]

The top concern for Gonzales, and now Terwilliger, is the expandinginvestigation by Glenn Fine, the Justice Department’s fiercelyindependent inspector general, according to three legal sourcesfamiliar with the matter who declined to speak publicly about ongoinginvestigations. Originally, Fine’s internal Justice probe—conducted inconjunction with lawyers from the department’s Office of ProfessionalResponsibility—focused on the mass dismissal of U.S. attorneys latelast year. The investigation has since broadened to include, amongother matters, charges that Gonzales lied to Congress about the Bushadministration’s warrantless surveillance program and the circumstancessurrounding his late-night March 10, 2004, visit to the hospital roomof then attorney general John Ashcroft.

Here’s the requisite Isikoff credulity, which is (as usual) telling in and of itself.

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Bartlett Targets Deadeye Dick

Remember when Dick Cheney shot an old man in the face and then attempted to cover it up by reporting it through the local press? Well, Dan Bartlett wants you to know that that whole cover-up was Dick’s idea demand.

Then there was the time Cheney shot his pal during a hunting accident in Texas."We couldn’t get hold of him for quite a bit of time," Bartlett said."They were strategizing on their own, which as always got me worried. Icalled down there, and I finally get ahold of some of the peopletraveling with him and they kind of laid out their strategy.

" ‘We’re not going to talk about this. We’re going to give it to theCorpus Christi Caller-Times in the morning,’ " Bartlett said. He wasstunned. This little paper couldn’t even find the reporter because itwas the weekend.

"So finally, I said, ‘I have to talk with the vice president directly.I have to intervene in this.’ I get him on the phone. ‘Mr. VicePresident, I know you don’t have any traveling press with you, but weneed to pull together a pool, either get them down there, get you onthe phone with them. We need to work this out.’

"Dead silence." Then: " Read more

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Watergate, the Farce

I happen to be reading Stonewall right now. And I gotta say, I’ve already said what Bernstein said several times.

Watergate would not have played out the same way today because Congressno longer performs its oversight role, said Carl Bernstein, one of thejournalists famous for uncovering the story.

“The difference with today is that the system did its job. The pressdid its job. The court did its job. The Senate committee did its job,”Bernstein said Saturday. “There’s been great reporting on thispresident. But there’s been no oversight. We have a Democratic Congressnow and there’s still no oversight.” 

Bernstein also said that “35 years of ideological warfare” could also change how the public would react to such a scandal.

“Welive in a very different atmosphere today,” Bernstein said. “WithWatergate, eventually the people of this country looked around anddecided Nixon was a criminal president. I’m not sure the same chain ofevents would have taken place today.”

I’m going to come back and comment on this in more depth. But for now, I’d like your opinion on the following:

  • Bernstein blames Congress, implicitly excusing the press and the courts–or at least not commenting on their failure. Do you agree with his assessment, or do you think he’s just Read more
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Progress?

I’ll withhold judgment until I see the text of the bill, but from this story, it appears the Progressive Caucus made some progress–though not on all counts–in their efforts to ensure the permanent FISA amendment safeguards privacy and civil liberties.

House Democrats plan to introduce a bill this week that would let asecret court issue one-year "umbrella" warrants to allow the governmentto intercept e-mails and phone calls of foreign targets and would notrequire that surveillance of each person be approved individually.

[snip]

The bill would require the Justice Departmentinspector general to audit the use of the umbrella warrant and issuequarterly reports to a special FISA court and to Congress, according tocongressional aides involved in drafting the legislation. It wouldclarify that no court order is required for intercepting communicationsbetween people overseas that are routed through the United States. Itwould specify that the collections of e-mails and phone calls couldcome only from communications service providers — as opposed tohospitals, libraries or advocacy groups. And it would require a courtorder when the government is seeking communications of a person insidethe United States, but only if that person is the target.

[snip]

The bill would not include a key administrative objective: immunity fortelecommunications firms facing lawsuits in connection with theadministration’s post-Sept. 11 surveillance program.

That is, this bill appears to have regular oversight of the program (IG reports to both FISC and Congress). And it refuses to give immunity to telecoms without first knowing what those telecoms did. These account for several of the eight demands issued by the Progressive Caucus. But the bill only requires a FISA warrant if the surveillance targets someone in the US, not if it touches on someone in the US (though this is better than the "related to" language in the amended FISA act).

There are several other important details in this story.

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