No Comment — January 22, 2009, 8:42 am

Did Bush’s Terrorist Surveillance Program Really Focus on American Journalists?

For the last several weeks, Michael Hayden, the former CIA director who previously led the NSA, has been sweating bullets. In recent press meetings he was a bundle of worries, regularly expressing worries about “prosecutions.” Fear of the consequences of criminal acts has been a steady theme for Hayden. In her book The Dark Side, Jane Mayer reports that in 2004 Deputy Attorney General James Comey was “taken aback” by Hayden’s comments when he was let in on the details of the program that Hayden ran at NSA. “I’m glad you’re joining me, because I won’t have to be lonely, sitting all by myself at the witness table, in the administration of John Kerry.”

Last night on MSNBC’s “Countdown with Keith Olbermann,” we learned that Hayden is concerned about more than just allegations that detainees in CIA custody were tortured. Former NSA analyst Russell Tice, a source for the New York Times disclosure of details of the program, appears to offer further details on the program. He reports that under Hayden the NSA was looking at “everyone’s” communications—telephone conversations, emails, faxes, IMs—and that in addition to suspect terrorists, the NSA was carefully culling data from Internet and phone lines to track the communications of U.S. journalists. This was done under the pretense of pulling out a control group that was not suspect. But Tice reports that when he started asking questions about why journalists were sorted out for special scrutiny, he found that he himself came under close scrutiny and was removed from involvement in the program. He found that he had come under intense FBI surveillance and his communications in all forms were being monitored. After expressing severe doubts about the operations of the NSA program, both Deputy Attorney General Comey and former Assistant Attorney General Jack Goldsmith both believe they also came under intense surveillance. Both decided to leave the Bush Administration after these developments.

If Tice’s allegations are correct, then Hayden managed a program which was in essence a massive felony, violating strict federal criminal statutes that limit the NSA’s domestic surveillance operations. While a number of media outlets reported that Hayden’s activities were “vindicated” by a recent FISA court ruling approving the NSA surveillance program, that view is completely incorrect. The FISA court ruling dealt only with the implementation of a program under the newly amended FISA following Hayden’s departure.

Watch the Tice interview here:

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

January 2015

Come With Us If You Want to Live

= Subscribers only.
Sign in here.
Subscribe here.

The Body Politic

= Subscribers only.
Sign in here.
Subscribe here.

The Problem of Pain Management

= Subscribers only.
Sign in here.
Subscribe here.

Game On

= Subscribers only.
Sign in here.
Subscribe here.

Love Crimes

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Body Politic·

= Subscribers only.
Sign in here.
Subscribe here.

“‘He wrote all these love poems, but he was a son of a bitch,’ said a reporter from a wire service.”
Illustration by Steven Dana
Article
Love Crimes·

= Subscribers only.
Sign in here.
Subscribe here.

“If a man rapes a woman, she might be forced to marry him, because in Afghanistan sex before marriage is dishonorable.”
Photographs © Andrew Quilty/Oculi/Agence VU
Article
Game On·

= Subscribers only.
Sign in here.
Subscribe here.

“The end of the Cold War and the collapse of the Soviet Union had posed a truly existential threat.”
Illustration by Taylor Callery
Article
Come With Us If You Want to Live·

= Subscribers only.
Sign in here.
Subscribe here.

“I was startled that all these negative ideologies could be condensed so easily into a positive worldview.”
Illustration by Darrel Rees
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Acres of hemp grown by “patriotic‚” U.S. farmers in 1942 at the behest of the U.S. government:

36,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

Greenpeace apologized after activists accidentally defaced the site of Peru’s 2,000-year-old Nazca Lines when they unfurled cloth letters reading “time for change” near the ancient sand drawings. “We fully understand,” the group wrote in a statement, “that this looks bad.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today