After ruining his career, U.S. DOJ drops charges against whistleblower

In 2004, Thomas Tamm decided to expose the Bush administration’s domestic warrantless eavesdropping program that intercepted private email messages and phone calls of U.S. residents without a court warrant. He paid a high price for making this illegal program public, and now the federal investigation against him has been quietly dropped. This latest development has been covered by Juan Gonzalez and Amy Goodman of Democracy Now, and includes an interview of Mr. Tamm:

JUAN GONZALEZ: We turn now to an update on the whistleblower who helped expose the Bush administration’s warrantless domestic eavesdropping program. He made what’s been called the biggest leak of the Bush era.

In 2004, Justice Department attorney Thomas Tamm called the New York Times and told them about the National Security Agency’s secret program to intercept private email messages and phone calls of U.S. residents without a court warrant. Based in part on his tip, the Times went on to expose what many believe was a highly illegal program. The Times even won a Pulitzer Prize for its reporting. Meanwhile, Thomas Tamm lost his job. The FBI raided his house and began monitoring his phone calls and email. Up until this week, he faced possible arrest for disclosing classified secrets.

AMY GOODMAN: Well, on Tuesday, Politico broke the news that the Justice Department has dropped its longstanding criminal investigation of Tamm. Asked to comment on the story, Attorney General Eric Holder told reporters, quote, "These matters get reviewed by career lawyers in the department. They look at these matters in an exhaustive fashion and reach what I think are appropriate conclusions."

The relatively quiet end to the investigation into Tamm’s warrantless wiretapping leak marks a sharp contrast to the controversy his tip generated during the second half of the Bush administration about whether the government had overstepped its legal authority in response to the 9/11 terror attacks.

Thomas Tamm joins us now from Washington, D.C. We welcome you back to the program.

THOMAS TAMM: Thank you for inviting me.

AMY GOODMAN: Well, talk about what this means and what this investigation, your ouster from the Justice Department, what all of this has meant for your life over the past five years.

THOMAS TAMM: Well, I mean, it’s a relief that the long ordeal is over. Unfortunately, I ruined my career. I had loved working at the Justice Department, particularly in the Criminal Division. It was an honor to represent the people of the United States. As a result of that, I incurred significant legal fees, which I still owe. I borrowed money for those legal fees. And, you know, really, probably the biggest impact was on my family. I wasn’t home when the 18 FBI agents rammed through my house, but my wife was, and my kids were. My kids were awakened in their beds by strangers wearing guns. And I don’t think that they will ever get over that. My wife doesn’t feel the same way about our house, doesn’t feel as safe in our house.

AMY GOODMAN: Could you go back, just chronologically take us through this? Your case did not get a tremendous amount of attention, certainly through the years. So talk about what you found out when you were working in the Justice Department, when you made that phone call to the Times, and how this raid took place. But start at the beginning.

THOMAS TAMM: Well, it really kind of started with me after 9/11. In the Criminal Division, we had the opportunity to talk to the families of the 9/11 attack, and I decided that I wanted to try and go after the real bad guys, the people that had attacked our country. And so, I went to this office where you were—where we did legal wiretapping and electronic surveillance, approved by a court, to try and gain intelligence about foreign agents. I was there only a short period of time. It was right at the start of the Iraq war, and fear permeated that office. And it was—I think for the first time I understood what fear, "the only thing we have to fear is fear itself," actually meant.

And as I participated in that, I realized that there was a separate track of cases, about 10 percent of the cases, that did not go through the normal process, that went to just one particular judge. And only the Attorney General could sign those warrants, which was different from all of the other cases that I handled. And I remember a lawyer that was senior to me saying that she didn’t want to know what this program was. She just assumed it was illegal. And so, I just started—it was kind of an educated guess.

And, you know, it’s interesting to say that I made a phone call to the New York Times. Actually, it was a series of phone calls before I became comfortable even talking to them, and then it was a series of meetings, during which I said, "I think that there’s something illegal going on. I’m not sure what it is." [More . . . ]

Continue ReadingAfter ruining his career, U.S. DOJ drops charges against whistleblower

About the rampant spying in the U.S.

From Electronic Frontier Foundation:

EFF has obtained whistleblower evidence [PDF] from former AT&T technician Mark Klein showing that AT&T is cooperating with the illegal surveillance. The undisputed documents show that AT&T installed a fiberoptic splitter at its facility at 611 Folsom Street in San Francisco that makes copies of all emails, web browsing, and other Internet traffic to and from AT&T customers, and provides those copies to the NSA. This copying includes both domestic and international Internet activities of AT&T customers. As one expert observed, “this isn’t a wiretap, it’s a country-tap.”

What is EFF?
From the Internet to the iPod, technologies are transforming our society and empowering us as speakers, citizens, creators, and consumers. When our freedoms in the networked world come under attack, the Electronic Frontier Foundation (EFF) is the first line of defense. EFF broke new ground when it was founded in 1990 — well before the Internet was on most people's radar — and continues to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today. From the beginning, EFF has championed the public interest in every critical battle affecting digital rights. Blending the expertise of lawyers, policy analysts, activists, and technologists, EFF achieves significant victories on behalf of consumers and the general public. EFF fights for freedom primarily in the courts, bringing and defending lawsuits even when that means taking on the US government or large corporations.
EFF offers this FAQ regarding its suit against AT&T.

Continue ReadingAbout the rampant spying in the U.S.

Not open government

I decided to see how hard it would be to determine what information Homeland Security has gathered about me. I went to the Homeland Security Website and wrote an email to Homeland Security (foia@dhs.gov). Here is my email request:

January 23, 2011 Catherine M. Papoi Deputy Chief FOIA Officer Director, Disclosure & FOIA The Privacy Office 245 Murray Drive, S.W. STOP-0550 Washington, DC 20528-0550 FOIA REQUEST Dear FOIA Officer: Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of All records dated on or after January 1, 2006 concerning "Erich Vincent Vieth" in your possession. I would like to receive the information in electronic format. (CD-ROM.) I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $150. However, please notify me prior to your incurring any expenses in excess of that amount. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. As I am making this request as an author and this information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. I look forward to your reply within 20 business days, as the statute requires.[caption id="attachment_16372" align="alignright" width="300" caption="Image by Ssuaphoto at dreamstime (with permission)"][/caption] Thank you for your assistance. Sincerely, Erich Vieth
Now all I needed to do was sit back and wait for the federal government to disclose to me all of my emails that they've been reading and all of my phone calls that they've been listening to. We'll, actually, instead of getting information, I got a major league dose of bureaucratese. Here's the paper letter I received instead of real information. I've interspersed comments below in red and in brackets: [More . . . ]

Continue ReadingNot open government

The Hellhound and HeLa: Recent American Historical Writing At Its Best

The last really good history I read was "Hellhound On His Trail, " which follows James Earl Ray's path from his childhood in Alton, Illinois through a violent intersection with the life of Dr. Martin Luther King, Jr., and continues to follow Ray's trajectory with his quizzical recantations of his "life's purpose." With the same cool hand, Sides sketches the strengths and inadequacies of Dr. King's inner circle and paints larger atmospheric strokes with newspaper headlines on the increasing violence in response to desegregation and the influence of war in Vietnam on national sentiment about federal involvement in heretofore state affairs. By themselves, vignettes about Ray's lackluster career as a petty criminal, his stunted attempts at artistic grandeur and addiction to prostitutes would simply depress the reader. Here, the intentional failures and manipulations of Hoover's FBI and first-hand accounts of Ray's behavior appear like birds descending on a tragic town, flickering across the broader canvas creating momentum and dread. Awful as the true subject of this thriller may be, I found myself disappointed to reach the end.

Continue ReadingThe Hellhound and HeLa: Recent American Historical Writing At Its Best

Welcome back to the United States. Give me your laptop and your passwords.

Glenn Greenwald has written about the federal government's common practice of seizing laptops and smartphones of American citizens who are re-entering the United States and reviewing their private data. Amazingly, our government is seizing this personal data without probable cause and even without reasonable suspicion:

When you really think about it, it's simply inconceivable that the U.S. Government gets away with doing this. Seizing someone's laptop, digging through it, recording it all, storing the data somewhere, and then distributing it to various agencies is about the most invasive, privacy-destroying measure imaginable. A laptop and its equivalents reveal whom you talk to, what you say, what you read, what you write, what you view, what you think, and virtually everything else about your life. It can -- and often does -- contain not only the most private and intimate information about you, but also information which the government is legally barred from accessing (attorney/client or clergy/penitent communications, private medical and psychiatric information and the like). But these border seizures result in all of that being limitlessly invaded. This is infinitely more invasive than the TSA patdowns that caused so much controversy just two months ago.
But how often are these e-strip searches occurring?
[T]his is happening to far more than people associated with WikiLeaks. As a result of writing about this, I've spoken with several writers, filmmakers, and activists who are critics of the government and who have been subjected to similar seizures -- some every time they re-enter the country.
But this is the tip of the iceberg:
A FOIA request from the ACLU revealed that in the 18-month period beginning October 1, 2008, more than 6,600 people -- roughly half of whom are American citizens -- were subjected to electronic device searches at the border by DHS, all without a search warrant.
I highly recommend reading Greenwald's detailed article for the reaction to this practice by a smattering of members of Congress and by a few court decisions. The sad bottom line is that there is no political momentum to condemn and bar this practice, even in the context of ubiquitous rhetoric regarding the need to limit the power of the federal government.

Continue ReadingWelcome back to the United States. Give me your laptop and your passwords.