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In the years after 9/11, national security agencies in the United States found themselves with a lot of money to lavish on contractors. They spent tens of billions, and there is little evidence so far that all this money did much to enhance national security. On several occasions, they were just plain fleeced. One such case involves Dennis Montgomery, a California-based computer programer first revealed in an exposé in Playboy, who played off the imbecilities of the Bush-era national security establishment, convincing senior figures that he could decrypt terrorist communications contained in Al Jazeera broadcasts, for instance. Relying on Montgomery’s predictions, the Bush Administration shut down museums and raised terrorist warnings across the country, tenaciously resisting suggestions that they were being scammed. Indeed, even after they figured that out, they undertook no serious criminal probe and brought no criminal charges against Montgomery, who is now facing trial in Las Vegas over a completely unrelated charge of trying to pass $1.8 million in bad checks at casinos. In picking upon Uncle Sam and his massive national security apparatus, it seems, Montgomery identified the perfect patsy.
Now Eric Lichtblau and James Risen report for the New York Times on how the Justice Department is managing the case against Montgomery and his associates:
Interviews with more than two dozen current and former officials and business associates and a review of documents show that Mr. Montgomery and his associates received more than $20 million in government contracts by claiming that software he had developed could help stop Al Qaeda’s next attack on the United States. But the technology appears to have been a hoax, and a series of government agencies, including the Central Intelligence Agency and the Air Force, repeatedly missed the warning signs, the records and interviews show.
Mr. Montgomery’s former lawyer, Michael Flynn — who now describes Mr. Montgomery as a “con man” — says he believes that the administration has been shutting off scrutiny of Mr. Montgomery’s business for fear of revealing that the government has been duped. “The Justice Department is trying to cover this up,” Mr. Flynn said. “If this unravels, all of the evidence, all of the phony terror alerts and all the embarrassment comes up publicly, too. The government knew this technology was bogus, but these guys got paid millions for it.”
The scam didn’t begin to unravel until French officials, highly suspicious about the claims about the new “technology,” commissioned their own review and concluded, quickly and unambiguously, that their American counterparts were being duped. So how does the Justice Department propose to keep all the embarrassing details of how Bush officials got suckered out of the public gaze in court proceedings? The answer is simple: claim “state secrecy.”
The litigation worried intelligence officials. The Bush administration declared that some classified details about the use of Mr. Montgomery’s software were a “state secret” that could cause grave harm if disclosed in court. In 2008, the government spent three days “scrubbing” the home computers of Mr. Montgomery’s lawyer of all references to the technology. And this past fall, federal judges in Montana and Nevada who are overseeing several of the lawsuits issued protective orders shielding certain classified material.
It’s not surprising that the Justice Department would attempt this maneuver. Back in 1918, for instance, Max Weber wrote a famous study in which he concluded that it would be second nature for bureaucrats who had made some embarrassing mistake to claim state secrecy to cover it up. And in this case, there is no shortage of high-ranking officials, many of them still in office, who have much to be embarrassed about. By invoking state secrecy, the Justice Department is enabling them to commit similar stupidities in the future. It is also breaching President Obama’s public pronouncements about the use of the state secrets doctrine. But the ultimate stupidity is the pretense that this makes the country safer. The Montgomery case is just one more example of how state secrets makes us less smart and less safe.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Rank of Detroit among major U.S. cities whose residents give the largest portion of their income to charity:
A South Dakota researcher concluded that only scant blood spatter results when chain saws are used to dismember pigs.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature