Archive for the ‘CIA’ Category

Are You Listening?

Obama-ListensWhile Washington and most of the media are obsessed with the botched roll out of Obamacare, a story with much more long-lasting and more profound implications unfolds around us with hardly a passing notice from Congress or many voters.

Here’s a prediction. When the history of the Obama Administration is written, the admittedly monumental screw ups with the health insurance website will get a paragraph or two of attention. The vast network of intelligence gathering – OK, let’s call it what it is spying – that is taking place on the watch of a president who was elected as a civil libertarian will get a full chapter. It’s that important.

It is nearly impossible to keep track of the flood of revelations about the activities of the National Security Agency (NSA), but here are some of the highlights. The New York Times reports that the NSA listened in not only to German Chancellor Angela Merkel’s phone calls, but started doing so years ago when Merkel was merely a backbencher in German politics.

“How the N.S.A. continued to track Ms. Merkel as she ascended to the top of Germany’s political apparatus illuminates previously undisclosed details about the way the secret spy agency casts a drift net to gather information from America’s closest allies,” Mark Mazetti and David Sanger wrote in the Times. “The phone monitoring is hardly limited to the leaders of countries like Germany, and also includes their top aides and the heads of opposing parties. It is all part of a comprehensive effort to gain an advantage over other nations, both friend and foe.”

The news of the spying has already badly damaged the personal relationship between the American president and the German chancellor. The phone call Merkel initiated to express her outrage was, as an Obama aide told the Times, “not easy.” No kidding.

We also know that NSA has been tapping into Google and Yahoo networks, monitoring the phone calls of journalist, gathering millions of bits of data from foreign and domestic phone systems and, most significantly, saying almost nothing – at least nothing truthful – about this gigantic infringement of civil liberties.

When the NSA’s James Clapper speaks his language of evasion reminds you of the once popular television comic Professor Irwin Corey, the absent minded “world’s great authority” who would ramble on speaking nonsense that sounded strangely profound. Corey once opined, appropriate to NSA spying, “If we don’t change direction soon, we’ll end up where we’re going.”

“Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Oregon Sen. Ron Wyden asked Clapper a while back during a Senate hearing.

Clapper responded: “No, sir … not wittingly. There are cases where they could inadvertently, perhaps, collect, but not wittingly.”

Only after the Edward Snowden revelations did Clapper admit his answer was, as The Atlantic reported “erroneous,” or “the least untruthful” one he could provide. Wyden recently said, “There’s not a shred of evidence today that that would have been corrected [in public] absent the [Snowden] disclosures.”

Normally lying to a Congressional committee – ask Oliver North – is reason to clean out your desk or maybe fix up your cell, but Clapper remains on the job with his efforts now focused on explaining away the spying on Merkel and 30 other world leaders.

Forty years ago another Northwest senator, Idaho’s Frank Church, laid bare the out-of-bounds behavior of the NSA, the CIA and the nation’s other security agencies. And, like the prescient civil liberties advocate he was, Church carefully warned that an American government with the means, in the case of the CIA, to open the mail of American citizens and hatch plots to kill foreign leaders, conceivably could turn that same awesome power on domestic enemies.

Then President Gerald Ford tried repeatedly to blunt Church’s investigation in the 1970′s once telling Church and Texas Sen. John Tower, as Leroy Ashby and Rod Gramer report in their fine biography of Church, that America is “a great power and it is important that we be perceived as such – that our intelligence capability to a certain extent be cloaked in mystery and held in awe.” But Church knew that just the opposite was true. An all powerful and overreaching national security state that employs tactics more and more reminiscent of Putin’s Russia or Saddam’s Iraq is not a recipe for global respect or moral authority.

A great country, secure in the wisdom of its own best instincts and loyal to its creed, could command real respect. “Ours is not a wicked country,” Church said in 1976, “and we cannot abide a wicked government.”

A country that is a force of moral authority in the world doesn’t find itself with a Secretary of State saying what John Kerry was compelled to say this week. “The president and I have learned of some things that have been happening in many ways on an automatic pilot, because the technology is there and the ability is there,” Kerry told a conference in London via video link. “In some cases, some of these actions have reached too far and we are going to try to make sure it doesn’t happen in the future.”

Oregon’s Wyden is a worthy successor to Idaho’s Church and is playing much the same role as he confronts the entrenched power of the national security state. “We will be up against a ‘business-as-usual brigade’—made up of influential members of the government’s intelligence leadership, their allies in think tanks and academia, retired government officials, and sympathetic legislators,” Sen. Wyden warned last month. “Their endgame is ensuring that any surveillance reforms are only skin-deep. … Privacy protections that don’t actually protect privacy are not worth the paper they’re printed on.”

At the risk of sounding like a Tea Party conspiracy theorist, I do reflect on the historic fact that our federal government, even with all the sacred respect we profess to show for the Constitution’s protections of our civil liberties, has frequently trampled on those liberties. From World War I when American citizens went to jail for criticizing the war to the incarceration of Japanese-Americans during the Second World War, from liberty oaths in the McCarthy era to Watergate break-ins, it takes no Orwellian flight of fancy to see an all-knowing, all-seeing federal government destroying our standing abroad, while trashing our liberties at home.

Great nations are true to their values. Great nations don’t just do things because they can. And great nations do not put civil liberties on autopilot.

Frank Church warned us 40 years ago. Ron Wyden is trying to warn us today.

 

Everything Old…

e325971eebc3ccb1_landingIdaho Sen. Frank Church went to his grave nearly 30 years ago still being criticized by some, including Idaho politicians like the late Sen. Jim McClure, who should have known better (and probably did), for all the alleged damage Church’s various investigations in the 1970′s had done to the CIA, the FBI and the NSA. The criticism was bogus then and today’s headlines featuring new insights into the extent of government information gathering on Americans only serves to underscore the importance of Church’s investigations in 1975 and 1976.

As the media fixates on security leaker Edward Snowden and his every movement, it may be worth remembering the role Church played in uncovering the spying excesses of the super secret agencies that have done nothing but grow since the Idaho Democrat pulled back the curtain on their highly questionable – and illegal – action more than a generation ago. The resistance to Church’s investigations was fierce at the time. Dick Cheney was White House Chief of Staff  and a vocal critic. Imagine that. Today the response to domestic spying is perhaps best summed up by the out-to-lunch comments of a Tennessee Congresswoman who warned that her constituents wouldn’t like “some knee jerk reaction” in Washington to their own government’s secret snooping. She need not worry by all accounts.

A fine piece at the Harper’s website – appropriately entitled “On the NSA’s That ’70′s Show Rerun” – recounts the Church investigations and quotes two former Church staffers, Peter Fenn and Pat Shea.

“The Snowden Affair is a “rerun” of issues first uncovered during the 1970s, though these problems trace back to the earliest American efforts at espionage, says [Pat] Shea. Between 1975 and 1976, the Church committees produced more than a dozen reports detailing the illegal activities of the NSA, CIA, and FBI, which included opening mail, intercepting telegrams, planting bugs, wiretapping, and attempting to break up marriages, foment rivalries and destroy careers of private citizens. ‘We thought we put a stop to this wholesale collection of information on Americans forty years ago,’ says Peter Fenn, another former Church staffer.”

Church’s civil liberties sensibilities were already fine tuned when he discovered that the government had been opening mail the senator, a senior member of the Foreign Relations Committee, had sent to the then-Soviet Union. “It was an affront to his privacy,” says Shea, a committee deputy director under Church , “an affront to the separation of powers.” [Note: Pat Shea is a long-time personal friend, a Board member with me at the Andrus Center and an attorney in Salt Lake City.]

Church’s answer to the secret surveillance activities was to first expose as much as possible about the methods and motives of the rogue agencies and then to create FISA – the Foreign Intelligence Surveillance Act – that established a formalized process for judicial review of government requests for snooping rights. The fact that we now know almost nothing about the real operations of the so called FISA Court – the Court sits in secret and lacks anything approaching the adversarial nature of the American judicial process – would, I suspect, appall Frank Church. He objected to the lack of checks and balances in the secret system he uncovered, but he also abhorred the essential culture of secrecy in the intelligence community.

Few Americans, for example, realize that the intelligence budget is totally “off the books.” If you wanted, as an American citizen, to know what the CIA (or the NSA) spent last year you couldn’t find that out. It’s secret. We only know that the CIA is vastly larger and more involved with para-military activity today than it was in Church’s day. The super secret NSA – one book on the agency calls it the “Puzzle Factory” – has become the largest, most secretive and potentially most intrusive spy agency in the world.

The absurdity of the culture of secrecy surrounding the U.S. intelligence community was highlighted a couple of days ago when Oregon Sen. Ron Wyden and Colorado Sen. Mark Udall, two of the very few members of Congress who seem willing to push back against the NSA’s programs and secrecy, said publicly that the agency’s “fact sheet” on its efforts to protect the privacy of American citizens contained “significant” errors.

“Significant” errors is another way of saying lies. Yet, and here is the absurdity, the two United States senators cannot, without violating secrecy rules, state specifically what was wrong with the so called “fact sheet.” The NSA “fact sheet” has apparently been removed from the agency’s website where you’ll now find next to nothing about the story that has dominated the news now for more than two weeks. The NSA’s motto might well be, “we’re secret and we like it that way.”

Perhaps the most disturbing feature of this ’70′s Show re-run is the generally tepid response from Congress and the American people. Opinion polls seem to indicate the public is ho-humming the entire controversy and perhaps as a result poll-sensitive elected officials, with the exception of Wyden and Udall, are laying low. Again, I suspect, Church would be stunned. There is no more fundamental responsibility of the legislative branch of the federal government than that of checking the excesses of the executive branch, but Congress would prefer to use up its oversight bullets on made-for-TV controversies like the IRS review of non-profit applications. Few are calling for real and comprehensive oversight of the secret American government even though, as Max Frankel wrote recently in the New York Times, “information that is gathered and managed in secret is a potent weapon — and the temptation to use it in political combat or the pursuit of crimes far removed from terrorism can be irresistible.”

(By the way, Wyden and Udall are both members of the Senate Select Committee on Intelligence, another legacy of the Church investigations, as is Idaho Sen. James Risch. As far as I can tell no Idaho news organization has questioned the senator on the NSA revelations and he has made no formal statements. You have to wonder why? Risch did comment on the NSA issues in a Q-A with the Idaho Freedom Foundation’s sponsored Idaho Reporter website where he mostly dismissed the importance of Snowden’s leaks.)

Of course Americans want and expect to be safe from terror and those forces at home and away who would do us harm. At the same time, a free society by its very nature must balance its freedoms against its security. Today we seem unwilling to even engage in this debate and seem willing to accept at face value that the government is going to behave in a way that protects American freedoms.

I share my friend Pat Shea’s worry, as Harper’s put it, “that today’s hyperpartisan congress won’t enforce the checks and balances that are needed to keep rogue elephants in check.”  [Shea] “is among a growing chorus calling for a new Church Committee, an independent commission comprised of intelligence-savvy officials who will put the ideals of open, fair and effective government above short-term politics.” But don’t hold your breath waiting for Congress to attempt to do what Frank Church did nearly 40 years ago – hold accountable the most super-secret agencies of our government, the agencies most able, as Church wrote, to turn their methods and secrecy “around on the American people, and no American would have any privacy left.”

Church was “an ethical giant,” Shea says. “We now live, unfortunately, in a world of ethical midgets.” Frank Church understood American history and fundamental values and he had the political guts to expose the excesses of the intelligence agencies because he understood that no political system based on openness and accountability is really and truly free when it tolerates, in the name of security, governmental actions that are the very antithesis of openness and accountability.

Church warned us in the 1970′s. Is anyone listening in the 21st Century?

 

 

The Spy from Boise

A Real Tinker, Tailor, Soldier, Spy

Years ago as a very young, very naive reporter, the boss handed me a piece of wire copy ripped straight off the teletype machine and told me to find a photographer and get an interview with James Jesus Angleton.

I should have said – who? But, of course, I was too inexperienced (too stupid) to ask that question and to pause for a moment to think what I might ask the man who had recently been forced out as the long-time chief of counterintelligence at the CIA. I headed for a local hotel to try and stick a microphone in the face of man who, since World War II, had been the intelligence service’s top expert on the Soviet intelligence service, the KGB.

I found Angleton, as I recall, in a hotel ballroom – I don’t remember what he was doing in Boise – and after my innocent, stumbling approach he conceded to answer a couple of questions, the substance of which is now lost of history or, in the days of 16mm film, the cutting room floor. I think I asked his reaction to the on-going Church Committee investigation of CIA abuses. Again, as I recall, not surprisingly the old CIA hand was dismissive of the efforts of Idaho Democratic Sen. Frank Church to expose assassination plots, domestic spying and such on the part of the Agency.

I’ve long been struck by the irony of an Idaho United States Senator leading the investigation of a CIA that had come to be so influenced by an Idaho-born spy. Would you call that a small world?

My long ago and very brief encounter with James Angleton, I believe it was in 1976, came back to me recently after watching the thoroughly enjoyable new film Tinker, Tailor, Soldier, Spy and the inspired performance of Gary Oldman in the lead role of spy catcher George Smiley.

The movie, based on the great espionage thriller by John la Carre, is, in many ways, a British version of the story James Angleton lived at the CIA; the story of an alleged “mole” at the very top of the nation’s intelligence service; a counter spy Angleton was determined to find and eliminate. The quest eventually took Angleton down instead.

The Republican politician and one-time ambassador to Italy, Clare Booth Luce, once told Angleton, who began his spy career organizing operations against Italian fascists, “There’s no doubt you are easily the most interesting and fascinating figure the intelligence world has produced, and a living legend.” Others were not so charitable.

Angleton was born in Boise, Idaho in 1917, as his New York Times obit noted the year of the Russian Revolution, the son of an employee of the National Cash Register Company. After spending summers in Italy, Angleton went to Yale where he developed his life-long love of literature and poetry and was recruited into the OSS, the agency that eventually became the CIA.

Angleton, in later years his posture stooped and his thick mane of hair streaked with gray, was, by all accounts, a Renaissance Man. He grew orchids and attended lectures on Joyce. One colleague said, ”He had a remarkable amount of knowledge about world events, art, literature.”

Former CIA officer David Atlee Phillips, who like Angleton was caught up in the whirlwind that surrounded the Agency in the 1970, wrote in his memoir, that “Angleton was CIA’s answer to the Delphic Oracle: seldom seen but with an awesome reputation nurtured over the years by word of mouth and intermediaries padding out of his office with pronouncements which we seldom professed to understand fully but accepted on faith anyway.”

It was Angleton’s zealous search for the CIA mole – the counter conspiracy theorists speculated that Angleton himself might have been the mole – that eventually lead then-director William Colby to show the counterintelligence chief the door. Angleton’s forced retirement from the CIA came in 1974. Unlike George Smiley, the fictional character in Tinker, Tailor, who was brought out of retirement to search out the mole in Britain’s MI6, Angleton was fired, in part, for too aggressively pursuing the CIA’s mole. In the process, some argue, he not only damaged the individual careers of many intelligence agents, but undermined the Agency’s efforts to run an effective intelligence program against the Soviets.

To detractors Angleton became the worst kind of paranoid operative, secretive and suspicious of everything all the time. To others he was the very personification of the dedicated intelligence agent. One magazine profile suggested that “If John le Carré and Graham Greene had collaborated on a superspy, the result might have been James Jesus Angleton.”

Angleton died of cancer in 1987 at age 69, as much a mystery in death as in life. What secrets he must have taken with him.

Old-time Boiseans will remember Angleton’s brother, Hugh, a diminutive, elegant man who owned a rather spectacular downtown gift store. Hugh Angleton, always impeccably dressed in suit and tie, served as a kind of showroom director at his store – Angleton’s. The store was filled to overflowing with rare and elegant china, jewelry and art objects. I often wondered if his more famous brother helped locate some of the exotic and expensive items that filled the display cases in Hugh’s store, which, sadly, passed out of existence years ago.

Years ago, it’s said, then-CIA Director James Schlesinger went to Capitol Hill to brief Senate Armed Services Chairman John Stennis on a major Agency operation.  “No, no my boy,” responded Senator Stennis.  “Don’t tell me.  Just go ahead and do it, but I don’t want to know.”

So it is with the intelligence agencies. So secret is what they do, as the joke goes, they could tell us, but then would have to kill us. In trying to explain this shadowy world, novels and motion pictures are more satisfying than reality. In Tinker, Tailor, Soldier, Spy, George Smiley – sort of – got the mole. The spy from Boise never did.