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Pre 2001Edit

Early September 1994: US Military Begins Advising and Assisting Bosnian Muslim Army

Brigadier Gen. Michael Hayden (left, with glasses), US Marine Corps Gen. David Mize (front and center), and US Marine Corps Lt. Gen. Edward Hanlon Jr. (behind Mize) in Gornji Vakuf, Bosnia, on September 4, 1994. [Source: Paul Harris] (click image to enlarge) US ambassador Charles Thomas; Assistant Secretary of State for Europe Richard Holbrooke, his deputy Robert Frasure, head of intelligence for US European Command Brigadier Gen. Michael Hayden, US Air Force Gen. Charles Boyd, US Marine Corps Gen. David Mize, and US Marine Corps Lt. Gen. Edward Hanlon Jr., meet with the Muslim Bosnian army commander for Central Bosnia, Mehmet Alagic, in the town of Gornji Vakuf. The US group also visits Mostar, which is also controlled by the Bosnian Muslims. The Pentagon claims the US diplomats are there to familiarize themselves with the situation on the ground and the generals “just happened to be along,” but in appears in fact these meetings are part of a US effort to help the Croats and Muslims work together in upcoming offensives. Following this visit, US “logistics advisers” move into key locations throughout Bosnia, including the UN-controlled Tuzla airport. US Special Forces help build a secret airstrip in Visoko, central Bosnia, to land heavy transport aircraft (see Late 1994-Late 1995), and mysterious flights begin arriving at the Tuzla airports a few months later (see February-March 1995). [OBSERVER, 11/20/1994; SCOTSMAN, 12/3/1995] Hayden will later become head of the NSA and then head of the CIA. Entity Tags: David Mize, Edward Hanlon Jr., Robert Frasure, Michael Hayden, Charles Boyd, Charles Thomas, Richard Holbrooke, Mehmet Alagic Timeline Tags: Complete 911 Timeline

1997: US Military and NSA Ask for Access to Telecom Networks A lieutenant general meets with Qwest CEO Joe Nacchio and Dean Wandry, who heads Qwest’s government business unit. According to documents filed in 2006 by Nacchio concerning his trial on insider trading charges (see October 12, 2007), the general “told Mr. Wandry that he ran the largest telecom operation in the world, he had looked at Qwest’s network, and he wanted to use it for government purposes.” The general in question could be NSA Director Kenneth Minihan, who will be replaced in 1999 by another lieutenant general, Michael Hayden, but neither Minihan nor Hayden will comment on the allegation. Many former intelligence officials will say that it is likely Minihan who met with Nacchio and Wandry. Nacchio’s court documents indicate that he and Wandry agree to work with the general. Nacchio is not allowed to announce the contract publicly, but according to the court documents, he “understood at the time this was the beginning of a relationship which had enormous potential for future work. This proves increasingly true as time went on.” By 1999 Qwest is working extensively with the NSA. Minihan is particularly concerned about the potential of “cyberwarfare” by foreign governments, terrorist organizations, drug cartels, and organized crime, a prospect which he felt the NSA is unprepared. He particularly worries about Russia and China; in June 1998, he will testify are training personnel in potential cyber-attacks. “These opportunists, enabled by the explosion of technology and the availability of inexpensive, secure means of communication, pose a significant threat to the interests of the United States and its allies,” Minihan will state. In 2007, a former senior NSA official will say that the agency felt those groups knew US privacy laws all too well and were capable of using those laws against the NSA and other intelligence agencies. He will say, “There was such a nuanced understanding of how to tie us in knots and use American law against us, that there were certainly pockets of people saying, ‘We’ve got to be assertive; we’ve got to be more aggressive on this.’” Hayden, Minihan’s successor, will be particularly willing to push agency operations to the edge of legality. After 9/11, Hayden will say, “We’re pretty aggressive within the law. As a professional, I’m troubled if I’m not using the full authority allowed by law.” [NATIONAL JOURNAL, 11/2/2007] The NSA will approach Qwest will a similar offer in the months before 9/11 (see February 2001). Entity Tags: Michael Hayden, Dean Wandry, Kenneth Minihan, National Security Agency, Joe Nacchio, Qwest Timeline Tags: Civil Liberties

Mid-August 1998-October 2000: Al-Qaeda Operatives Use Monitored Yemen Communications Hub to Coordinate Cole Bombing Al-Qaeda operatives use a communications hub in Sana’a, Yemen, to “put everything together” before the bombing of the USS Cole. The communications hub is run by Ahmed al-Hada, who US officials will later describe as “a prominent al-Qaeda member who is believed to have been involved in the Cole bombing.” The hub is monitored by US intelligence from 1998, at least, (see Late August 1998) and information gleaned from it is used to thwart a number of plots (see Late 1998-Early 2002). The US monitors the house through bugs planted inside and through spy satellites to monitor people leaving and entering it. The hub was also used before the 1998 embassy bombings and will be used to communicate with the 9/11 hijackers before 9/11 (see Early 2000-Summer 2001). [MSNBC, 2/14/2002; MIRROR, 6/9/2002; MSNBC, 5/2005] When the FBI arrives in Yemen to investigate the bombing, it finds that “telephone records show[…] that suspects in the Cole bombing had been in touch with suspects from the 1998 embassy bombings in Kenya.” [MILLER, STONE, AND MITCHELL, 2002, PP. 238] Calls between the hub and an al-Qaeda cell in Ireland that seems to have a connection to the Cole bombing are also intercepted during part of this period (see Late December 1999-October 12, 2000). It is unclear why the information does not allow the NSA to thwart the plot. Despite the scope of the monitoring, NSA Director Michael Hayden will later say there were no intercepts the NSA could have exploited to stop the bombing: “When the Cole disaster took place I had brought to my desk in, in this office, every stitch of NSA reporting on the—that could in any way be related to this. And I went thought it report by report and I sent a letter out to our entire work force, which was essentially, you performed well. Keep up the good work.” [CBS NEWS, 6/19/2002] Entity Tags: National Security Agency, Ahmed al-Hada, Michael Hayden Timeline Tags: Complete 911 Timeline, 9/11 Timeline

1999-2001: Clinton Awards Victimized Former Analyst $1 Million in Compensation, but He Never Receives It Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [GUARDIAN, 10/13/2007] Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet Timeline Tags: A. Q. Khan's Nuclear Network

Late 1999: NSA Begins ‘Trailblazer’ Data Mining Program

NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com] The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour, and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. A meeting between NSA and other government officials in December 1999 is not promising; the program “kicked off with not a real great definition of what it was trying to achieve,”] a government oversight official will recall. But from the outset the program had problems: a meeting between NSA and other government officials in December 1999 was not promising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers failed to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle…in the intelligence community” (see January 2006) [BALTIMORE SUN, 1/29/2006] Entity Tags: Michael Hayden, Trailblazer, National Security Agency Timeline Tags: Civil Liberties

January 9, 2000: NSA Not Asked about Nawaf Alhazmi The CIA fails to ask the NSA for information about Nawaf Alhazmi. The CIA is monitoring a summit of al-Qaeda operatives in Kuala Lumpur, Malaysia, along with local authorities there (see January 5-8, 2000), and is aware that one of the attendees is sometimes referred to by the first name Nawaf, and one is sometimes referred to by the last name Alhazmi. However, it apparently fails to put these two names together (see January 8-9, 2000). If asked, the NSA, which has been monitoring Alhazmi’s calls for at least a year (see Early 1999), could easily have realized “Nawaf” and “Alhazmi” were the same person. The 9/11 Commission will comment, “NSA’s analysts would promptly have discovered who Nawaf was, that his full name might be Nawaf Alhazmi, and that he was an old friend of Khalid [Almihdhar].” [US CONGRESS, 7/24/2003, PP. 145 ; 9/11 COMMISSION, 7/24/2004, PP. 353-4] The CIA does actually tell the NSA about Almihdhar and ask for information about him (see January 10, 2000 and Mid-January 2000), but, according to author James Bamford, “inexplicably” does not do this for Alhazmi. [US CONGRESS, 7/24/2003, PP. 156 ; BAMFORD, 2004, PP. 227] According to NSA director Michael Hayden, had the NSA been asked at this point, it may also have been able to identify Nawaf Alhazmi’s brother Salem, another of the hijackers. [US CONGRESS, 7/24/2003, PP. 145 ] Entity Tags: National Security Agency, Central Intelligence Agency, Michael Hayden Timeline Tags: Complete 911 Timeline, 9/11 Timeline

2001Edit

February 2001: ’Project Groundbreaker’ Set Up to Monitor Domestic Phone Communications? Edit

The National Security Agency seeks the assistance of global telecommunications corporation AT&T to help it set up a domestic call monitoring site to eavesdrop on US citizens’ phone communications, according to court papers filed in June 2006 as part of a lawsuit against AT&T (see October 2001). The NSA is expressly forbidden to spy on US citizens within US borders unless authorized by the Foreign Surveillance Intelligence Court (FISC) (see 1978). When the NSA program, which wiretaps phone and e-mail communications often without court warrants, becomes public knowledge well over four years later (see December 15, 2005), President Bush, NSA director Michael Hayden, and other White House and government officials will assert that the program was set up in response to the September 11, 2001 terrorist attacks. If the claims made in the lawsuit are accurate, these assertions are provably false. “The Bush administration asserted this became necessary after 9/11,” lawyer Carl Meyer will claim in 2006. “This undermines that assertion.” Unbeknownst to most Americans, the NSA is operating a secret “data mining” operation that, by 2006, will have compiled phone records and contact information on millions of domestic phone and e-mail communications. The NSA project is code-named “Project Groundbreaker,” and is ostensibly an above-board attempt announced in June 2000 to have AT&T and other firms help modernize its technological capabilities. The project originally seeks to have AT&T build a network operations center that duplicates AT&T’s facility in Bedminster, New Jersey; that plan will be altered when the NSA decides it would be better served by acquiring the monitoring technology itself. The agency is seeking bids for a project to “modernize and improve its information technology infrastructure,” including the privatization of its “non-mission related” systems support. [TECHWEB, 6/13/2000; BLOOMBERG, 6/30/2006] Groundbreaker’s privatization project is expected to provide up to $5 billion in government contracts to various private firms such as AT&T, Computer Sciences Corporation, and OAO Corporation, [COMPUTERWORLD, 12/4/2000; GOVERNMENT EXECUTIVE, 9/1/2001] and up to 750 NSA employees will become private contractors. Hayden, who has aggressively instituted a corporate management protocol to enhance productivity and has brought in numerous senior managers and agency executives from private defense firms, is a strong proponent of privatizing and outsourcing much of the NSA’s technological operations, and in 2001 will say that he wants the agency to focus on its primary task of breaking codes and conducting surveillance. Hayden does not admit that Groundbreaker is part of a larger NSA domestic surveillance program, [GOVERNMENT EXECUTIVE, 9/1/2001] and publicly, NSA officials say that the project is limited to administrative and logistics functions. [COMPUTERWORLD, 12/4/2000] The covert data mining portion of the project is code-named “Pioneer.” A former, unnamed employee of the NSA, [BLOOMBERG, 6/30/2006] and a former AT&T technician, Mark Klein, will provide the key information about Groundbreaker. Klein will say in 2006 that he saw the NSA construct a clandestine area within its switching center in San Francisco, and saw NSA technicians shunt fiber optic cable carrying Internet traffic into that area, which contains a large data bank and secret data mining hardware. Klein will say he knew that the NSA built other such facilities in other switching locations. He will go on to say that the NSA did not work with just AT&T traffic; when AT&T’s network connected with other networks, the agency acquired access to that traffic as well. [DEMOCRACY NOW!, 5/12/2006] Entity Tags: Foreign Intelligence Surveillance Court, AT&T, Bush administration, OAO Corporation, Carl Meyer, Mark Klein, George W. Bush, National Security Agency, Computer Sciences Corporation, Michael Hayden Timeline Tags: Civil Liberties

July 2001: NSA Director Falsely Claims NSA Is Not Monitoring US Citizens In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [TRUTHOUT (.ORG), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001] Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union Timeline Tags: Civil Liberties

(8:48 a.m.-9:04 a.m.) September 11, 2001: NSA Director Only Learns US Is Under Attack from TV Reports Air Force Lt. Gen. Michael Hayden, the director of the National Security Agency (NSA), is in his office at NSA headquarters in Fort Meade, Maryland, meeting with his senior staff. His executive assistant, Cindy Farkus, comes in and informs him of the first plane hitting the World Trade Center. He later says, “The immediate image I had was a light plane, off course, bad flying.” He is able to see the initial CNN reports showing the WTC on a muted television in his office. Nevertheless, he continues with his meeting. Immediately after the second attack occurs, Farkus again comes into Hayden’s office to inform him of it. Saying that “One plane’s an accident, two planes is an attack,” Hayden immediately adjourns his meeting and requests that the agency’s top security officials be summoned to his office. Author James Bamford, who is an expert on the NSA, later comments that this is “not the way it was supposed to be. NSA was not supposed to find out about an airborne attack on America from CNN, after millions of other Americans had already witnessed it. It was supposed to find out first, from its own ultrasecret warning center, and then pass the information on to the White House and the strategic military forces” (see (8:48 a.m.-9:03 a.m.) September 11, 2001). [BAMFORD, 2004, PP. 18, 20 AND 33] Entity Tags: Cindy Farkus, National Security Agency, Michael Hayden Timeline Tags: Complete 911 Timeline, 9/11 Timeline

(9:30 a.m.) September 11, 2001: Nonessential Personnel Evacuated from NSA Headquarters At the National Security Agency (NSA) headquarters in Fort Meade, Maryland, Michael Hayden, the agency’s director, orders the evacuation of all nonessential personnel from the NSA complex. His two reasons for this, he later says, are “just pure safety,” and to protect the people who work at the agency by sending “them home on the dispersal plan.” In a 2007 speech, he will state that he gave this order at 9:30 a.m. But in the account of author James Bamford, around the time Hayden gives the order he hears “some early reports about the explosion at the Pentagon.” Yet the attack on the Pentagon does not occur until 9:37 (see 9:37 a.m. September 11, 2001). The reason for this discrepancy is unclear. Hayden’s evacuation order is announced over loudspeakers throughout the NSA, and many of the 16,000 employees there leave. After hearing for sure that the Pentagon has been struck and that one or more hijacked aircraft is heading toward Washington, Hayden orders the three to four thousand remaining essential personnel to immediately evacuate the agency’s three tall towers and relocate to the low-rise Ops 1 Building. However, as Hayden later says, “[W]e really couldn’t afford to move the counterterrorism shop” where experts and linguists who track terrorists’ foreign communications work, even though it is located near the top of one of the NSA’s high-rise buildings. Maureen Baginski, the NSA’s director of signals intelligence, goes up there shortly after the time of the Pentagon attack to calm down the workers who, according to Hayden, are “emotionally shattered.” [US CONGRESS, 10/17/2002; BAMFORD, 2004, PP. 52-54; NATIONAL JOURNAL, 6/19/2006; CENTRAL INTELLIGENCE AGENCY, 5/4/2007] At 9:53, analysts in the counterterrorism office will pick up and quickly translate a phone call from a bin Laden operative in Afghanistan, apparently referring to the attacks (see 9:53 a.m. September 11, 2001). Entity Tags: National Security Agency, Michael Hayden, Maureen Baginski Timeline Tags: Complete 911 Timeline, 9/11 Timeline

September 12, 2001: Sen. Orrin Hatch Reveals Bin Laden Aides Were Monitored Celebrating Success of 9/11 Attacks Senator Orrin Hatch (R-UT) tells the Associated Press that the US government has been monitoring Osama bin Laden’s communications electronically, and overheard two bin Laden aides celebrating the successful terrorist attack: “They have an intercept of some information that included people associated with bin Laden who acknowledged a couple of targets were hit.” [ASSOCIATED PRESS, 9/12/2001; ABC NEWS, 9/12/2001] Defense Secretary Donald Rumsfeld publicly denounces the report, not as untrue, but as an unauthorized release of classified information. [DEPARTMENT OF DEFENSE, 9/12/2001] Entity Tags: Michael Hayden, Donald Rumsfeld, Orrin Hatch, National Security Agency Timeline Tags: Complete 911 Timeline

After September 11, 2001: NSA Begins Huge Data Mining Project Similar to ‘Total Information Awareness’

An illustration of the NIMD dataflow. [Source: LibertyThink.com] (click image to enlarge) Shortly after the 9/11 attacks, the NSA awards $64 million in research contracts for a program called Novel Intelligence from Massive Data (NIMD). [NEW YORK TIMES, 5/21/2003; NATIONAL JOURNAL, 1/20/2006] NIMD is one of several cutting-edge data mining technologies that not only has the capability of finding keywords among millions of electronically monitored communications, but can find hidden relationships among data points, and even critique the thinking and biases of a particular analyst and suggest alternative hypotheses differing from the human analysts’ conclusion. Like other data-mining technologies, the NSA will steadfastly refuse to discuss whether NIMD is used to analyze data from domestic surveillance operations. NIMD is designed as an preliminary sort program, to keep human analysts from becoming overwhelmed by raw data. In essence, NIMD is an early-warning system. “NIMD funds research to…help analysts deal with information-overload, detect early indicators of strategic surprise, and avoid analytic errors,” according to the “Call for 2005 Challenge Workshop Proposals” released by the Advanced Research and Development Activity (ARDA). ARDA was founded in 1998 to create, design, and field new technologies for US intelligence agencies, particularly the NSA. A selected few Congressional lawmakers (see January 18, 2006) were informed that the warrantless surveillance program authorized by President George W. Bush (see Early 2002) was designed to be an early-warning system for possible terrorist attacks or plans. Assistant Attorney General William Moschella will inform the top Democrats and Republicans on the House and Senate Intelligence committees in December 2002 that the “president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. He will justify the use of programs such as NIMD by claiming, as NSA director Michael Hayden and other administration officials have repeatedly claimed, that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” Many experts outside of the Bush administration feel that NIMD and other programs do not have to operate outside of the Foreign Intelligence Surveillance Act (FISA) because of limitations in the law, but because of the fact that the programs cannot meet the law’s minimum requirements for surveillance. FISA requires that any such surveillance must have a probable cause that the target is a terrorist. NIMD has no such threshold. Steven Aftergood, an expert on intelligence and government secrecy with the Federation of American Scientists, will say in 2006, “Logistically speaking, the early-warning approach may involve a significant increase in the number of surveillance actions. It may be that neither the Justice Department nor the [Foreign Intelligence Surveillance Court, which approves wiretapping warrants] is prepared to prepare and process several thousand additional FISA applications per year, beyond the 1,700 or so approved in 2004.” [NATIONAL JOURNAL, 1/20/2006] Some experts will later express the opinion that NIMD is the controversial Total Information Awareness program in a slightly different form (see February 2003 and September 2002). Entity Tags: Senate Intelligence Committee, US Department of Justice, Total Information Awareness, William Moschella, Tom Armour, Novel Intelligence from Massive Data, Steven Aftergood, Michael Hayden, National Security Agency, Advanced Capabilities for Intelligence Analysis, Advanced Research and Development Activity, John Poindexter, Foreign Intelligence Surveillance Act, George W. Bush, Federation of American Scientists (FAS), House Intelligence Committee Timeline Tags: Civil Liberties

September 13, 2001: NSA Begins Domestic Surveillance of International Telephone Communications NSA director Michael Hayden addresses the entire NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties: “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden claims that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes, and, using Ronald Reagan’s 1981 executive order 12333, Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that his expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House and approved by the attorney general. [MICHAEL HAYDEN, 1/23/2006] House Briefing Omits Key Information - Hayden will brief the House Intelligence Committee on October 1. But according to one NSA staff member, he only discusses the ramifications of Reagan’s executive order on NSA functions, and not the wiretapping program per se. (The order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, House member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [WASHINGTON POST, 1/4/2006] NSA Program Authorized From Above - Hayden says that everything the NSA does is with authorization from above. “I didn’t craft the authorization,” he later says, “I am responding to a lawful order.” Hayden will later claim that, while the NSA continues to use court warrants from the Foreign Intelligence Surveillance Court (FISC), technological advances and terrorist threats have made the law that created and supports FISC, the Foreign Intelligence Surveillance Act of 1978 (see 1978), obsolete. Therefore, NSA would carry out domestic surveillance operations with or without FISC warrants. Hayden later says the warrantless surveillance operations are “operationally more relevant, operationally more effective” than anything FISA can handle. Hayden begins implementing the domestic surveillance program, in what he later calls a “focused, limited” manner, in October 2001, targeting, he later says, only international calls that NSA analysts believe have some connection to al-Qaeda or other terrorist groups, and, Hayden will claim, subject to intense internal oversight and scrutiny. Hayden will repeatedly deny, in the face of reams of evidence collected by journalists and others to the contrary, that NSA is spying on domestic antiwar groups and religious organizations like the Quakers who publicly advocate nonviolence and peace. [MICHAEL HAYDEN, 1/23/2006] But, according to later evidence, Hayden’s program does everything Hayden claims it does not do: in journalist Spencer Ackerman’s words, the program “mak[es] a mockery of [the] debate” over how far the NSA should go in light of Constitutional freedoms and legal restrictions. The NSA will, over the years, compile a huge database of purely domestic communications, without warrants or oversight, precisely as Hayden later claims it does not do. [NEW REPUBLIC, 5/19/2006] Domestic Surveillance Began Before 9/11? - Though Hayden and other Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Entity Tags: Ronald Reagan, US Department of Justice, Nancy Pelosi, Michael Hayden, Al-Qaeda, National Security Agency, Foreign Intelligence Surveillance Court, House Intelligence Committee, George W. Bush, Religious Society of Friends (Quakers) Timeline Tags: Civil Liberties

September 13, 2001: Hayden Tells NSA Agency Must Do More to Protect US from Terrorist Attacks NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes. Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [MICHAEL HAYDEN, 1/23/2006] Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration, Ronald Reagan, Michael Hayden Timeline Tags: Civil Liberties

Late September, 2001: NSA Wiretapping Program Begins at This Time, According to Conservative Author According to author Ronald Kessler’s November 2007 book The Terrorist Watch, the NSA’s domestic surveillance program begins around two weeks after the 9/11 attacks, when President Bush meets with NSA director Michael Hayden and other NSA officials in the Oval Office. According to chief of staff Andrew Card, in attendance, Bush asks, “What tools do we need to fight the war on terror?” Hayden suggests revamping NSA guidelines to allow the agency to wiretap domestic phone calls and intercept e-mails to and from terror suspects if one end of the communication is overseas. Kessler gives the following rather lurid example: “Thus, if [Osama] bin Laden were calling the US to order the detonation of a nuclear device, and the person he called began making overseas calls, NSA could listen in to those calls as well as to bin Laden’s original call.” Kessler is a chief correspondent for the extremist conservative Web site NewsMax; his assertion is disputed by evidence suggesting that the domestic surveillance program began well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [KESSLER, 2007, PP. 130] Entity Tags: National Security Agency, Andrew Card, Michael Hayden, Ronald Kessler, George W. Bush Timeline Tags: Civil Liberties

October 1, 2001: Hayden Briefs Intelligence Committee, Does Not Mention Wiretapping Program NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [WASHINGTON POST, 1/4/2006] Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan Timeline Tags: Civil Liberties

October 11, 2001: Pelosi Questions Warrantless Wiretaps of NSA

Nancy Pelosi. [Source: US Congress] House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see September 13, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted. Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [WASHINGTON POST, 1/4/2006; NANCY PELOSI, 1/6/2006] Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this. Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi Timeline Tags: Civil Liberties

October 25, 2001 and November 14, 2001: Senior Lawmakers Briefed on NSA Wiretapping Program Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [WASHINGTON POST, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [WASHINGTON POST, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [NEW YORK TIMES, 12/15/2005] 'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [WASHINGTON POST, 12/18/2005] Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this. Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Bob Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency Timeline Tags: Civil Liberties

Post 2001Edit

Main article: Michael Hayden:Post 2001

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