Passing the Buck

In a response to two separate requests from Congressional Democrats—led by Representative Zoe Lofgren, D-Calif., a member of the Judiciary and Homeland Security committees—that both the Justice Department and the Defense Department conduct investigations into the NSA’s domestic wiretapping program that exceeded the limits on presidential power set by FISA, both departments have passed the buck.

Glenn Fine, the Justice Department’s inspector general, forwarded the request to the department’s Office of Professional Responsibility, which reviews allegations of misconduct involving the actions of employees (including the Attorney General) when providing legal advice. Deputy Inspector General Paul Martin explained that neither the Patriot Act nor the law governing all inspectors general gives Fine jurisdiction to look into Attorney General Alberto Gonzales’ counsel to Bush concerning the legality of the domestic electronic surveillance program. Instead, this matter falls under the “jurisdiction of the department’s Office of Professional Responsibility,” Martin said. At least that’s better than the Pentagon’s response.

The Pentagon referred the request for an internal review on the illegal wiretapping to the National Security Agency’s inspector general. A senior Defense Department official, who spoke on condition of anonymity because the information was not yet public, said the Pentagon’s watchdog will not do a review, because the NSA’s inspector general is “actively reviewing aspects of that program.”

Let me get this straight. The Defense Department said it won’t investigate because the NSA is conducting an investigation. Huh? How can the NSA investigate itself? Does anyone really believe that the result of their investigation will be to conclude that they acted illegally?

As an aside, am I the only one who finds it disturbing that the NSA/CSS website has a kids’ component complete with cute little cartoon characters like “Rosetta Stone, Crypto Cat, and Decipher Dog” designed to encourage children to think about a career in intelligence? Hey kids, it’s fun to spy on your friends! Oh, and is it just my imagination or does “Decipher Dog” (pictured above on the right with the sexy courier bag and pookah necklace) look pretty damn gay?? I know some people think all gay men are dogs, but does that mean all dogs are gay? Whose butt has he been sniffing, I wonder...

I will take some consolation from the fact that Congress also plans to investigate. As part of its work, the House and Senate intelligence committees will soon hear from whistleblower Russell T. Tice, a former NSA officer. Tice told lawmakers in December that he had information about “probable unlawful and unconstitutional acts” involving the NSA director, the defense secretary, and other officials as part of highly classified government operations. ABC News reported Tuesday night that Tice claims to be one of the dozen sources who spoke to The New York Times about domestic spying.

In response, Renee Seymour, director of the NSA Special Access Programs Central Office, sent Tice the following warning on Monday:

“I want to congratulate you that, in the exercise of your rights, you are acting responsibly to protect sensitive intelligence information. In an 18 December 2005 letter purported to be from you to the HPSCI and the Senate Select Committee on Intelligence (SSCI) posted on an open website, you asked them to provide assurances that the staffers or members who will receive your information have the proper security clearances and that the appropriate cleared facilities will be available for these discussions. You state that the information you wish to provide pertains to sensitive intelligence programs and operations known as Special Access Programs, or SAPs.

Seeking such assurances is consistent with the Non-Disclosure Agreement that you signed with NSA. However, I need to inform you that additional steps are required. The SAPs to which you refer are controlled by the Department of Defense (DoD), and I understand that neither the staff nor the members of the HPSCI or SSCI are cleared to receive the information covered by the SAPs. Moreover, I understand you have not notified either DoD or NSA, appropriately cleared individuals, of the improper behavior you allege.”

It smells like intimidation to me.