NSA: DoD Documents Prove President, Hayden Violated Law
The Department of Defense documents contradict assertions by the President and General Hayden about the domestic surveillance program.
The Joint Requirements Oversight Board (JROC) in the late 1990s baselined the NSA program ThinThread, rejecting as illegal the non-technical solutions the President and Hayden have used.
The JROC documents show both the President and NSA Director know they are violating the law, and have made false statements to Congress.
These are matters of criminal law.
The FBI has also launched an investigation into the Air Force procurement issues, and it remains unclear whether the FBI will expand its probe into the JROC documentation related to the illegal NSA domestic surveillance program.
Summary
NSA documents contradict Hayden’s testimony before the Senate Judiciary Committee, raising the prospect Hayden could be indicted for perjury for false statements to Congress.
DoD Federal Acquisition documents prove the President and General Hayden have engaged in criminal, negligent, reckless conduct. Internal DoD documents contract the President assertions that their activities are legal.
The only way to start a technical program like ThinThread is if the JROC rejected as non-workable the very non-technical programs this President is now using.
Hayden and the President have openly admitted conduct which contradicts the FISA statute, a well established law, raising the prospect Hayden could be stripped of qualified immunity during a trial.
The President and General Hayden are using procedures DoD rejected as illegal.
Overview.
One of the challenges has been getting access to classified information. This is not longer a hurdle. DoD acquisition process are well known and openly tell us one thing: The process considered and rejected as illegal the approaches the President and General Hayden have been using.
This President’s claims of “state secrets is dubious.” Using open sources, it is possible to show that the known steps in the Federal Acquisition process are at odds with the President’s public admissions.
The only way ThinThread, and similar NSA programs, would have been started after JROC review was if DoD had rejected the non-technical solutions. By going around the FISA court and engaging in internal “reviews”, NSA is contradicting DoD conclusions that these approaches were not acceptable and illegal.
The President and General Hayden have made fatal admission. By freely asserting conduct at odds with the original program requirements, the President and Hayden have fatally admitted to violations of the Federal Acquisition Regulation and the Foreign Intelligence Surveillance Act
Backup: JROC, NSA and DoD Acquisition Process
FAR
Guide
JROC and JCS
Glossary
FAR Federal Acquisition Regulation
FBI Federal Bureau of Investigation
FISA Foreign Intelligence Surveillance Act
JROC Joint Requirements Oversight Council
JROCM JROC Memorandum
NSA National Security Agency
ORD Operational Requirements Document
SEC Securities and Exchange Commisssion
Figures
Fig1: Sample Schedule Chart
Fig2: Sample Actuals v. Standard
Fig3: JROC Plan v. Actuals
Fig4: JROC Plan v. Actuals Template
Fig5: Actuals Below Minimum
Fig6: Contrast Plans v. Actuals
Fig7: Requirement Remains
Fig8: Divergence Known at Reviews
Deliberate Decisions
Details
NSA’s Program ThinThread provides a useful entry for the FBI into the White House and National Security Agency.
When Department of Defense agencies like the NSA solve technical issues, they rely on a well entrenched acquisition community. One key player in the process is a Joint Staff council, Joint Requirements Oversight Council [JROC], which reviews the program.
As a lead council, the JROC serves an important role for the Secretary of Defense, President, and NSA providing guidance and assurance that the proposed technical solution is needed and there exist no other solutions. In short, the JROC acts as like a Wall Street market maker in that it is the area where very important people inside the Department of Defense review existing problems and determine the most effective way to solve those problems.
Rather than spend money to solve a problem, the JROC explores whether non-technical solutions like adjusting doctrine, changing procedures, or using existing forces in a new way. Included in this analysis is a very important step: A review of the existing rules, regulations, and laws. Sometimes, rather than create a new device, a simple solution is to change the law, adjust a business practice, or change something on paper. This non-financial approach is preferred.
After exhausting all other legal and existing technical solutions, once JROC concludes there are no non-technical solutions, and that the only option is to spend money, we enter a new ball game. JROC will then get involved with a cost analysis and issue formal documents that the service secretary and director of acquisitions will then sign, formalizing the program.
NSA’s ThinThread program had already gone through the JROC process, and the White House, Secretary of Defense, Joint Staff, and NSA director well knew that the Council concluded that there existed no possible option other than starting ThinThread.
JROC also reported and confirmed that the non-technical solutions or potential legal adjustments were insufficient. Rather, JROC reported and concluded that the only way forward was to spend money on a new system.
This is very important to note. For the sake of redundancy, I will continue to focus on this key point: The JROC had already concluded that it was not possible to adjust the procedures or regulations, and that the only option was to spend money for a new technical solution.
This tells us a few very important things:
It’s very important to understand what then happened. After JROC concluded that the NSA program called ThinThread was a valid requirement, there were many meetings, messages, and other documentation related to this program.
There are various documents which have specific dates, times, authors, and these documents are stored in discrete computers within areas that are cleared for information.
Those offices which processed this information have had specific security checks, and the personnel who reviewed the adequacy of these offices are on specific access lists and they initial their name when they enter or exit a specific secure area.
These people also go through very specific training, after which they confirm that they have been trained on the procedures and who to talk to if there is a problem.
Let’s consider the White House’s current problem. Despite the JROC concluding that there was no possible way to solve this problem by adjusting rules and procedures, the President would like the public to believe the opposite.
Namely, rather than move along on the planned ThinThread program, the White House, Secretary of Defense, and NSA director diverged into a new place where the JROC initially said was not possible.
The President and General Hayden have specifically stated that what they are doing is lawful; and that the procedures they are following ensure that privacy is met. Yet, let’s consider the JROC process. JROC concluded the opposite: That the only way to address this problem was not to adjust any procedure, but to spend money.
Here is where the White House, Secretary of Defense, Alberto Gonzalez, the White House Counsel, and General Hayden have a problem. Because the JROC has already documented the conclusions – which the President and Secretary of Defense and Gonzalez well knew – there is a specific point in time where everyone from the White House down through the General Counsel’s Office, Office of Secretary of Defense, and the NSA well knew that the only option was to proceed with ThinThread, and that there existed no possible way to adjust any regulation, rule, or procedure to solve the problem.
Yet, suddenly everything changed. Despite JROC findings, and the President’s Budget which lawfully spent money on that bonafide program requirement, the President would have us believe that there was no need to spend money on that requirement, and the problem could be solved using a non-technical means like a change in procedure.
The White House has fallen into another trap. They are attempting to work along two different timelines. The original timeline is the one the JROC, SecDef, and President’s Budget originally validated as the only way to solve the problem; and this was done after exhausting all possible non-technical solutions, and potential changes to procedures.
Here’s the core contrast. In 2006 the President, Attorney General Gonzalez, and General Hayden have lied to Congress under penalty of perjury, and they have mislead the Congress in violation of the US Statutes.
We know this for a very simple reason. Hayden as director of NSA well knew about ThinThread, and the process required for JROC to review the non-technical solutions. He also well knows the non-technical solutions were exhausted, and that potential changes to the statutes and procedures were not workable.
Hayden’s signature is also on the documentation, as is the President when the President’s budget was lawfully delivered to Congress. Both the President and Hayden have their names attached to a specific set of documents at a specific point in time confirming that they well knew the objectives of the ThinThread program could not be met unless money was spent.
We have the operational documents, meeting minutes, and also the signature of the President on the classified documents. The fact that the JROC process exists, and that the Secretary of Defense has conformed that ThinThread was a bonafided program is a separate issue.
The key point is that all non-technical solutions, and potential changes to the regulations were rejected, and each of the players before us well knew that the only way to address the NSA requirements was to spend money, start a program, and do something which a simple change in procedure would not accomplish.
Yet, in 2006 we are asked to believe the opposite. Before the Senate Judiciary Committee, General Hayden testified under oath that the procedures that were being followed inside the NSA were lawful.
Yet, Hayden should reasonably know that this assertion is not correct. Rather, Hayden well knows that the JROC asserted the opposite: That there could be no change to any procedure that would solve the problem; rather, the only way to address the issue was to start a program, spend money and do things which Hayden, The President, Gonzalez, and Rumsfeld well knew were required.
It defies any plausible belief that Hayden doesn’t understand what is going on. Hayden well knew the requirements the program was hoping to address; and well knows the JROC process which would have already explored the possible non-financial alternatives.
Yet, let’s explore exactly what the President and Hayden have openly asserted on the record: That they had new procedures outside FISA; that they did not need warrants; and that they could use internal reviews to solve the problem. In short, the President and Hayden would have us believe that a non-technical solution would work, and that a simple change of procedure would address all the concerns the JROC was hoping to address.
This is impossible. Recall what JROC does: It reviews all the possible non-technical solutions, and potential changes to procedures.
The President would have us believe that despite the many efforts to review non-technical solutions – in order to save money, and avoid starting another program – that the JROC did exactly the opposite what the President, Gonzalez, and Hayden are now doing: Using non-technical solutions.
JROC would have already exhausted all these options. Rather, by signing their name to the operational requirements document and President’s Budget, the President well knew that the process was sending him a simple message: We have a problem, this is the solution, and this is how those requirements can be addressed.
The issue isn’t that the JROC got it wrong. The issue is that the President first side with JROC with the Program, concurred with the requirements, and agreed there was no non-technical solution, and that money had to be spent.
Yet, suddenly everything changed. It wasn’t as though JROC got it wrong. The issue was that the President well knew Congress would not approve the non-technical approach – that of going around the FISA court and engaging in warrantless surveillance – so the President threw away the entire JROC conclusion, and embarked on the very thing which he originally said could not be done: Use a non-technical solution by adjusting procedures.
The problem the White House, SecDef, Hayden, and Gonzalez have is that they’re on both sides of the issue on this. First, they’ve sided with the JROC conclusions and confirmed that non-technical solutions like procedure changes would not address the requirement; then they reverse themselves and have us ignore that conclusions, and want us to believe that a non-technical solution is fine.
This is all you need to know: They knew that they are on both sides of the argument here; and that they’ve made out of court inconsistent statements. This is the basis to impeach a witness, attack their credibly, and destroy them before a Grand Jury.
Rather, it is clear evidence that the President and Hayden are not only lying to Congress, but that they well know there is a large body of evidence inside JROC which contradicts every assertion they’re making about the current NSA monitoring.
For those of you who are convinced at this point that there’s a problem, you can quit reading. For those of you who are still not sure, rest assured there’s more. It’s only going to get worse.
To belabor the point and drive home the problem for the President, what we can do is simply outline for you in excruciating detail all the problems the White House, Gonzalez, Hayden, and the current AT&T counsels have.
Let’s think in very broad terms right now. Think in terms of the Downing Street Memo and the Iraq War.
Think in general terms of contrasting two different timelines.
Recall what we did with the Downing Street Memo: Simply anchored all events in time along that actual, documented timeline, and then contrasted all public information against what was in writing and documented.
Going forward from the specific time the Downing Street Memo was written, we can then explore the inconstancies between the White House version of events; and contrast that with what is most reasonable in light of the Downing Street Memo. The problem the White House has is that reality is only one thing; and the longer they attempt to stock to a ruse story related to Iran, the greater the disparity between the two timelines.
Keep this in the back of your mind as we go through this process. There is a very important point: That reality is fixed, it is supported by documents, and that real people met on specific days and stated things.
Truth and reality will stack in favor of what is really going on; and as we proceed forward with the analysis, you’ll see as with the Downing Street Memo, how the ThinThread will work in the same way. Namely, each time we contrast what the President, Hayden, and Gonzalez are saying about the NSA activities, the more we’ll see that their comments are wholly at odds with the documentation, meetings, and assumptions they used to sign documents, certify repots, and attest that the budget requirements were bonafide.
The point here isn’t to give you a complete list of all things. Rather, the point is to simply remind you of the important lesson of the Downing Street Memo with respect to Iraq: Two timelines cannot exist at the same time; and that the more you examine the ruse, the more easily you’ll see that it does not trace back to the original, real timeline.
This is the very trap that Libby and Rove have fallen into, and why upon cross examination The President, Gonzalez, Hayden, and Rumsfeld will be proven to have committed perjury, made false statements to Congress, obstructed justice, and actively supported procurement fraud.
The purpose of this discussion and analysis is to demonstrate that the above conclusion will become painfully obvious within a matter of a few short hours. As we speak, members of the Federal Bureau of Investigation have already landed at the Air Force Chief of Staff’s office, and are digging into the procurement issues.
It will be within a few short days that this issue will crumble. It is likely by the end of June, the House Judiciary Committee will have received additional confirming reports, and that it will be well known that the Congress has failed to investigate something it long ago should have looked into.
There is nothing the President, Gonzalez, Hayden, or Rumsfeld can do to stop this process. The Federal Bureau of Investigation has capable investigators who well coordinate their actions. They have teams that can enter any facility without detection, they can self-issue National Security Letters to enter any room without any coordination, and they can also subpoena any document from anyone in Congress or NSA contractor.
To recap, it is May 2006, five months before the election, and there is nothing the RNC and do to defend their President. If the RNC leadership does not see the writing on the wall, and they continue to waste the time of the Department of Justice, then it remains to be seen why any voter in November 2006 would every seriously consider the RNC fit for national leadership.
It is glaringly obvious that the President and Hayden’s non technical solutions are wholly at odds with the JROC information they have well coordinated on. As with the Downing Street Memo, within a few short days the zipper will start to come undone. There is nothing the RNC can do to stop the defections from their party, especially when the RNC membership realizes that they have been betrayed, asked to believe utter non-sense, and that the President well knew his non-technical solutions were wholly at odds with guidance and budget documents his White House counsel, NSA director, and Secretary of Defense have told him were required.
Unlike the effort to blame the intelligence community over the Iraq WMD issue, this President cannot get out of this mess. His name is on the budget; his NSA director briefed him on the program; and it was well known the non-technical solutions were not workable. The only way this President can survive in office is if he engages in more abuse of power, intimidates more people, and shuts down an investigation.
There is one small problem. The public now knows that the President is lying, and that Hayden’s comments related to the procedures are wholly at odds with what the JROC originally briefed. The President cannot explain why funding was put to a specific program – on the assumption that there were no non-technical solutions -- but now the President and Hayden have reversed themselves saying that non-technical solutions are possible and solve the problem.
The President cannot explain why the program was originally funded; nor why the non-technical solutions are “OK.” The truth is that the current NSA activities are known to be wholly at odds with the known FISA requirements; and completely disconnected from the JROC conclusions which stated that all changes to procedure would not be sufficient.
Hayden, Gonzalez, Bush, and Rumsfeld are stuck, as is Jumpers, former Air Force Chief of Staff, now under FBI investigation for procurement fraud.
Let’s begin with the obvious. The President, Rumsfeld, Hayden, and Gonzalez are likely to ask that the public believe that they had a “new insight” and “saved a lot of money.”
This is absurd. The JROC process is complicated, time consuming, and many technical experts well discussed the statute. Further, all NSA personnel are well briefed on the statute.
At this juncture, there is no evidence that there is any claim by the President, Gonzalez, Rumsfeld, or Hayden that by “dreaming up this idea – how to solve the issues without pending money” have filed any claim for a reward for saving money. There is no evidence any of them have submitted any paperwork for a financial reward.
Rather, the opposite is true. None of them dreamed up any solutions or cost savings measure. What they’ve done is ignore a lawful requirement; toss the entire JROC process, and then do exactly what the JROC said was not possible: Adjust procedures.
The issue is that the President and Vice President work well with Senator Roberts on the Senate Intelligence Committee to shut down the investigations into the Iraq WMD Phase II. That may have worked before, and prevented anyone from triggering a special counsel.
Now things are different. The FBI has already engaged with Jumpers on the procurement issue. This means that there are people within the Chief of Staff’s office that have already had a face to face with federal officials, they have been recorded, and they are known to the FBI and US Attorney’s office. Hayden, Bush, Gonzalez, and Rumsfeld can’t stop this.
At the same time, we also know that the FBI is well adept at seizing massive volumes of data without any detection, and they have well placed informants inside the White House, DoD, and Joint Staff. Each of these people is waiting for the opportune time. At this juncture, they are so well placed, that people inside the RNC believe that they are “on of them” and actively working with the President and Gonzalez.
Don’t be fooled. The real problem is that the White House, DoD, Joint Staff, and NSA have no idea who is actually working hand in glove to guide the FBI and US Attorney on the various investigations well underway.
Bluntly, the issue that Hastert is or is not the Speaker of the House and has or hasn’t authorized a review of these matters is irrelevant. Time to send the wake up call to the RNC: You have no idea what the FBI is doing, which offices they’ve already got people placed, how long they’ve been there, or how long they’ve been on the payroll. Hastert can’t stop the FBI, nor their fact finding.
Keep in mind the purpose of this note isn’t to tell you everything. Rather, it’s to give you an idea of what is happening. At times you may feel frustrated in that you’re feeling like you’re being talked down to.
Don’t think that. The purpose of this note isn’t to insult you. The purpose of this is to provide a very general guide so that anyone reading this, even your young children in elementary school might understand what is going on.
There are a couple of other links you may wish to visit when you have the time:
These links are there to assist you in understanding what other people have already started doing. They are working behind the scenes in the Department of Justice, NSA, and the Congress to sort through this mess and understand what is going on.
Again, there is nothing the RNC can do to stop this.
Also, as you are reading this material, keep in mind there are many others who are gathering new information. Perhaps you know of someone inside the DoD, NSA, DoJ, or White House. Although they may be under a gag order, they can still identify themselves as a potential witness, or someone who may want to get on the DoJ informant list.
Here is a link you can share with your friends about the Congressional notifications:
Also, because this is procurement fraud, and you may know someone related to the NSA contractors, here is a link about the Securities and Exchange Commission bounty program. There are no guarantees, but you and your friends may know someone who may wish to provide information about insider trading or other things people have done to avoid losses as the information surfaces. For an example, review the Martha Stewart insider trading issues; the same things are going on with the NSA contractors.
What’s needed is a better way for the White House staff, RNC, NSA, and OSD personnel to quickly provide their information to the FBI and US Attorney. Here is a link that they may wish to use to provide information.
Also, as you read through this, and discuss it with your friends, keep in mind the FBI and US Attorney are not going to be able to publicly comment, nor tell you the status of any investigation. You’re simply going to have to tell them the truth; anything that you tell that that doesn’t match what others have already told them could be something that is of interest.
This is what the FBI and US Attorney need:
Also, if you have any information about anything related to the Joint Staff procurement issues, JROC, or the ongoing investigation into General Jumpers, that would be of great interest. Perhaps you know of someone in your neighborhood who has mentioned General Jumpers, and you can guide the FBI to those who may have better information on what was going on inside the DoD procurement.
Remember, if you approach the FBI, Congress, or US Attorney you are not being promised anything.
Let’s backup and go over the issues again. For some of you this is going to seem like a rehash. However, the purpose of this is to outline for you the general questions and issues that are now surfing.
The propose of this is not to talk down to you, but to take a very broad brush of things, and let you know it is well understood that the White House and others are in a trap. The intent of this is to let you know this is going to be fully exploited to protect the Constitution and find out what exactly is going on.
First, make it a goal of yours to ensure that others are well aware of the FBI investigation into the former Air Force Chief of Staff. This is related to the procurement problem with the Air Force demonstration team related to the Thunderbirds. General Jumpers is allegedly under investigation for interfering with the final contract award; apparently rather than awarding the contract to the correct contactor who underbid the winner, someone knew someone else, and the contact went to one of the General’s friends.
Second, keep in mind the big picture with the NSA, JROC, and the NSA monitoring: This is a procurement fraud issue. The problem the White House has is that they’ve walked down one set of assumptions, and then reversed themselves.
Third, the problem the White House has is that they argue that the current procedures they’re “following” are lawful; yet, they cannot explain why these procedures – as they are non-technical – are possible, given that the JROC concluded the opposite: There was no way to use a “change in procedure” in order to satisfy the requirement or solve the problem. The issue is that the White House cannot explain why the “non technical solution” that they’re using is consistent with the original JROC conclusion that this was not possible.
Fourth, the fundamental issue with ThinThread is that there is a bonafide requirement that was well known, discussed, documented, and money was appropriated to solve this well known requirement. This requirement is something that was identified by the JROC as an objective; and this requirement still exists and is linked with a specific statutory requirement within FISA and the Constitution. They key is to keep in mind a simple concept: When someone violates a clear statute and a clearly established right, that violation strips the person of any qualified immunity, and the trial can proceed. This is how a claim of “State secrets” can be circumvented, and a trial can proceed as it is with the EFF litigation against AT&T.
Fifth, the momentum at this point well places the President, Secretary of Defense, Gonzalez, and Hayden high on the list of the investigation targets. The problem is that the White House has ignored the law, ignored the procedures, money was allocated in the President’s budget, yet they’ve done something that the JROC had already nixed as an option. The problem is that the Congress and intelligence community, thanks to the Senate Intelligence Committee, are getting dumped on; while the real dumping belongs on the President, Gonzalez, Rumsfeld, and Hayden. Indeed, it remains to be understood what Congress is doing to illegally obstruct any investigation; or whether they are in receipt of information that the FBI has asked about, but they’ve unlawfully suppressed the information. That’s a possibility.
The White House well knows the above and they are well aware they have a problem. The White House counsel, Gonzalez, Hayden, and Rumsfeld fully know the following:
Let’s go over some finer points. As you read though this, you’re at times going to say, “I’ve already read this.” Good, then you’ll not have missed something. The purpose of this information that follows is to give you a handy checklist of things to look into, and generate more questions.
Remember one thing: The truth has already been set in paper; and the President knows his conduct is not consistent with the original programs his budgets supported. Rather, his conduct shows he’s fully aware of the legal issues, and continues to emphatically assert that what he’s doing is legal, all the while hoping you do not look at the JROC documents, or hear testimony form those who well know the current NSA activity is wholly at odds with what the JROC said was required.
The problem the White house have is that want the public to believe that non-technical solutions that they are using – special checks and reviews outside the FISA court – are acceptable. Yet, if this was true, the White House cannot explain why he submitted budgets for the opposite: For requirements and a program that would use non-technical means.
Here is the either-or trap the President is in: Either,
Yes, the above three scenarios are a mess. There’s on person who can solve this: The President by resigning. He’s not going to do that, so we’re going to have to do this the hard way, but rest assured we’re fully prepared to outline for you what else is going on.
You’re going to really enjoy this.
The White House, Gonzalez, and Hayden would have the world believe that the current NSA activities – not technical solutions, just checks outside FISA – are “OK.” However, neither of them can reconcile what they are doing with two important real things:
Keep in mind, JROC reviews non-technical solutions first. The goal of the JROC is to save money, avoid duplication, and ensure that things are done correctly. In light of the Thunderbird revelations, we have to ask whether the President should have known about an issue, but failed to act. That is a potential side issue.
The point is that the current White House and NSA legal arguments are non-sense. They would have us believe that they were following the law; but cannot explain why the JROC had previously concluded these non-technical approaches were no feasible.
Put another way, the investigative question becomes: How can the White House explain the “legal approach” they are using – which doesn’t meet the FISA warrant requirements – while at the same time jettison the JROC conclusion that non-technical approaches would not solve the problem.
After all is said and done, the JROC knows full well that there is a list of bonafided requirements which are still not met, and no amount of hand waving by the White House counsel, IG, Hayden, Gonzalez, or Rumsfeld is going to make this known, discrete meeting go away, just like the Downing Street Memo.
Again, the White House apologists are likely to argue that the JROC “missed” this approach. That’s absurd. They spent inordinate time reviewing all possible options; if there is, as the White House would have us believe as with the Intelligence Community in re Iraq, a “major flaw” with the JROC in re procurement, this simply makes the White House problem worse.
Namely, how can the White House – despite supposedly “knowing” of this “big problem” with the JROC process – continue to spend money, rely on the recommendations, or make submission to Congress? Rather, if this line of defense is used, the next cess pool the White House digs itself into is the issue of:
See what the above issues are? More of the 9-11-like malfeasance issues; enter Senator Roberts and the Cover-up Committee. The point is that the Congress cannot be trusted to “look into” this matter – rather, the real place this needs to be is where it’s already started: The FBI and a Grand Jury. How’s that shaking up for you, Libby and Rove?
Keep two things in mind while you go through this.
He’s standing on both sides of the fence; and like the others, he’s got two timelines that aren’t matching.
The goal here isn’t to let him get away with what they’re doing – calling it a “sate secret” or “not open” for public discussion.
Rather, these are well known issues that are not classified. They relate simply to procurement. There’s no reason the Attorney General can credibly claim this is “secret.” The same issues which the AT&T attorney failed to prevail on need to be thrown back at the White House: “This claim of state secret is non-sense; trial can proceed despite an assertion of privilege.”
Rather, his goal is to suppress public knowledge of the mess he, Hayden, Bush, Cheney, and Rumsfeld find themselves.
It’s time for the media to get energized, be relentless, and keep asking the questions. You will quickly see that they’re doing the same thing as they did with the Iraq WMD and Downing Street Memo: Marching along two different timelines that do not match.
CNN ha already confirmed Ray McGovern’s questions to Rumsfeld on the Iraq WMD issues were bonafide. The same type of CNN-like confirmation/acknowledgement is needed to bust this story into the mainstream media.
News headlines: Their story doesn’t add up . . .Again. Grand Jury Empanelled . . .Again. It’s still before the election . . .Again. Voters are waking up . . .Again. RNC defections continue . . .Again.
The White House problem are mounting:
Let’s consider who’s in charge right now: The RNC. Another fine mess. What’s their solution? Obviously, it’s someone else’s fault.
Who are they going to blame?
[Time out]
I don’t know about you, but the RNC is already doing nothing resembling good governance. There’s already a disaster here. The RNC is in charge, they have five months to address this issue.
We should have some straight answers on Monday, 22 May 2006, not “maybe later in 2007. Congress needs to get a tasker into the Secretary of Defense’s office, and get an answer in writing. Even the minority party still has subpoena power.
The issue isn’t what is or isn’t being done. The issue is that despite Specter well articulating the problem with Congressional oversight, he’s got no solution, and no plan.
Again, the RNC is in charge. They have no plan. Their only option is to delay, make excuses, and pretend that they’re serious.
Last time I checked it’s still the RNC is charge. Oh, did you miss that? The RNC is in charge. Maybe you missed it, The RNC is in charge: where’s their plan to address – now, on Monday 22 May 2006 – this issue with the disconnect between the JROC conclusions and what the RNC is actually directing by way of ignoring FISA.
RNC has five months to address this. Suffice it to say, there are people who are very capable of solving this problem: Let’s get an investigation, find out what is going on, and address the issue. Congress refuses. The FBI has landed. Meanwhile, the blogosphere is churning away.
Rather than lead now in May 2006, the RNC points to others and says, “What a disaster after November.” Stunning, the real issue is that the RNC is the disaster now. We don’t have to fear of what may happen; we already know the disaster that we have. We don’t have to worry what “might happen” – we already know in May 2006 what the RNC is not making happen: Fact finding, investigation, rules, and some accountability.
White House and outside AT&T counsel have two broad litigation strategies right now. They hope to narrow the issues to something very small, and then bury all those. That approach ha failed.
Rather, the way to defeat this is to recognize what we have: FBI looking at the procurement process which the RNC has failed to effectively manage; and the disconnect between what the NSA/White House are doing and what the JROC already concluded: That non-technical solutions were not feasible.
The real problem for the White House is that this disconnect between [a] the technical solutions, JROC, FISA, and [b] what the White House/NSA are doing is not isolated to a single program. The goal of the White House and AT&T counsel is to make you think this is isolated, transitory, and a minor issue that’s a state secret.
No, it’s pervasive. The law says one thing; and what the White House is doing is something else. The problem the White House has is that they can’t keep their public timeline – the bogus one – consistent with the real timeline. Look at the mess Rove and Libby are in.
It’s a waste of time asking the White House anything, but you’re going to have to get their responses in writing. The key thing you want to focus on is why did they kill a program that they said was needed; while at the same time using non-technical solutions that the JROC said were not going to solve the problem. Again, this is a mess for the White House to dig itself out of, and not something you should help them with. They’re going to feign ignorance, confusion. Rest assured they’re not confused – they know full well this is an impeachable offense, the very reason they’re putting pressure on many people to keep quiet.
Too late. The blogosphere knows.
Again, to reiterate, the JROC first reviews the non-technical solutions like rule changes, or other procedures. The JROC sets the requirements after concluding that all non-technical solutions have failed, will not work, or don’t solve the problem.
JROC has plenty of staffers, documentation, and other information which the court can look at, review, and have sanitized so that even the public can see signatures, dates, and program language confirming things have started; while at the same time later showing that the opposite is actually going on using public statements from Hayden that they were doing internal review.
For purpose of developing your Grand Jury presentation charts, a useful approach will be to have on the left side of the chart the document – which shows the data, signature, and other details of the JROC – and then contrast that with the Hayden quotes saying that they were doing internal reviews, and using a non-technical solution, which the JROC had concluded was not workable.
Just show the contrast as you go down the line. DO this with the JROC program decision data, the operational requirements document, and the other official program language included in the President’s Budget and descriptive summaries; while at the same time on the right side contrast this with what Gonzalez is saying in that they’re using “special procedures” and “non technical solutions.”
At the bottom of each chart, include a summary statement for the Grand Jury, to the effect that they keep relying on non-technical solutions for something the JROC and President already asked money for. Why the change?
The answer in the Grand Jury’s mind is one thing: They changed because:
Here’s what happened. The White House killed the program; then overrode the JROC, and ignored the requirement – to do X, Y, Z, to comply with FISA and the Constitution – and used a non-technical solution, which the JROC had already concluded was not workable.
The White House didn’t take this approach – of ignoring FISA, the warrant requirement, or the FISA court – simply because the FISA court would disapprove. More broadly, the reason they ignored the FISA court was that they didn’t want the FISA court to compare the JROC guidance – which validated the requirement they were ignored – with the actual practices the White House and Hayden have already publicly confirmed: Internal reviews, no FISA court.
What White House and outside counsel are doing is hoping to keep everyone chasing their tails, by getting them to hunt for evidence that they don’t really need; then suppress that evidence on the grounds of national security.
But here’s the trick for the EFF, and class action litigations: You don’t have to have any access to any outside information which is a “state secret” – you already have in public everything you already need:
Bottom line is: The White House and outside counsel want you to believe that the “state secret” claim is something you have to argue; you may, but the issue is that you don’t have to think that is a dead end. Rather, there’s plenty of other evidence that will support the effort to show Gonzalez and Hayden know full well
In other words, they’ve already sealed their fate. All the public has to do is simply mail the letter: “Send back to Texas, no return postage.”
As with the Iraq WMD and 9-11 issues, the solution isn’t to blame the intelligence community. The blame belongs on the reckless leadership in the White House, NSA, DoJ, and the DoD which know full well what the JROC concluded, yet still embarking on non-technical solutions which clearly ignored the FISA and Constitution.
Hayden cannot be believed when he says what he’s in charge of at NSA – non-technical solutions -- has been legal. If that was true, then he can’t explain why he’s linked with programs that mandated a non-technical solution to solve the problem.
Like Bush and Gonzalez, Hayden is attempting to stand on both sides f the law. Hayden is stuck, in that:
This is how Hayden can be stripped of his qualified immunity, any claim of privilege can be trumped, and the case can proceed to trial.
For sake of summary and repletion, let’s consider the core issue. There is a divergence between:
For purposes of Grand Jury displays, boards, and court room presentations. You’ll want to consider how to graphically display this divergence.
One approach is to use a program schedule chart. Keep it simple. They’re fairly easy to understand. One way to warm the Grand Jury up to a program schedule is to show them a simple task that they are familiar with: The simple process of getting up in the morning, and reporting for Grand Jury Duty.
All you have to do is use a schedule chart to show the Grand Jury how the steps can be graphed. Here’s a sample
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Figure 1: Sample Schedule Chart
= = = = = = = = = = = = = = = == = = = = = = = = =
.
Personal
.
Private
Equipment - shower -
.
Public -- road -- -- court room --
Infrastructure
.
----------------- Horizontal Axis: Time ----------------
= = = = = = = = = = = = = = = = = = = = = = = = = =
Legend
-- Horizontal event over time --
= = = = = = END of Figure 1 = = = = = = = = = = =
Next step is to then introduce the idea of [1] a standard,
requirement; [2] a plan; the compare this with a third thing, called [3] actuals.
The way to do this is to think of the above h orizongal chart, and then show the Grand Jury how these charts are used to graph things, and compare things over time.
Using the above format, you’ll be able to see the same analogy of the Grand Jury Members traveling to today’s session:
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Figure 2: Sample Actuals vs. Standards
= = = = = = = = = = = = = = == = = = = = = = = =
Speed limit - - - - - - - - - - - - - - - - -
.
Planned speed - - - - - - - - - - - - - - - - -
.
Actual speed +++++ ++++ ++++++
.
Minimum speed - - - - - - - - - - - - - - - - - -
.
= = = = = = = = = = = = = = = = = = = = = = = = =
Legend
- Benchmarks: Maximum, plan, and minimum
+ Actuals
= = = = = = END of Figure 2 = = = = = = = = = = =
The point you want to make with the above two charts,
is that the “planned speed” and the “speed limit” are established before starting.
Also, the third line is something that you chart over time. It may stay below or above the planned speed; and you may exceed the speed limit.
Also notice a very important thing about the Actual speed: It is shorter than the other two. This means that the Grand Jury member ha snot finished their route.
Do not be alarmed. They simply stopped for a break, and then took the bus, an still finished. This is a key thing to notice: They have still finished the task, but they have adjusted their plan, from the original.
Let’s have the Grand Jury consider the above two diagrams in the context of the JROC, NSA, and FISA. This time, instead of using the Grand Jury travel, we’re going to map out what the JROC does.
Again, we’ll have three lines; and one of them is shorter.
The goal of this illustration is to use it as a starting point for the Grand Jury. This is not the end of the discussion.
Rather, as we move forward in time, the goal is to use this simple picture of what JROC and the NSA have done; and compare it with what the White House actually did.
Here’s the first diagram:
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.
Figure 3: JROC Plan v. Actuals
= = = = = = = = = = = = = = = = = = = = = = = = = == =
.
JROC requirement - - - - - - - - - - - - - - -
. /
Planned - - - - - - - - -/
.
Actuals .+ + +
.
Minimum - - - - - - -
.
= = = = = = = = = = = = = = = = = = = =
.
Legend
- Benchmarks
+ Actual performance
/ Rising performance to meet requirement/objective
= = = = = = END of Figure 3 = = = = = = = = = = =
Notice the above chart. There are three things to notice:
That’s the starting point for the Grand Jury.
Now, let’s proceed to the next chart. This is where the Grand Jury will likely realize what is going on, and the light bulbs will come on:
Again, here’s the template, without any changes
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Figure 4: JROC Plan v. Actuals Template
= = = = = = = = = = = = = = = = = = = = = = = = = == =
.
JROC requirement - - - - - - - - - - - - - - -
. /
Planned - - - - - - - - -/
.
Actuals .+ + +
.
.
Minimum standard - - - - - - - - -
.
= = = = = = = = = = = = = = = = = = = =
.
Legend:
.
- Benchmarks
+ Actual performance
/ Rising performance to meet requirement/objective
.
= = = = = = END of Figure 4 = = = = = = = = = = =
Then, here’s where the problem starts:
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Figure 5: Actuals Below Minimum
= = = = = = = = = = = = = = = = = = = = = = =
.
JROC requirement - - - - - - - - - - - - - -
. /
Planned - - - - - - - - -/
.
Actuals .+ + + .
. \+
. \+
Minimum . . . \+ . . . ..
. \+
. \+
.
= = = = = = = = = = = = = = = = = = = =
. Legend
- Benchmarks
+ Actual performance
/ Rising performance to meet requirement/objective
/ Falling performance below minimum standard
. Minimum standard
.
= = = = = = END of Figure 5 = = = = = = = = = = =
The point of this last chart is to illustrate:
Let’s summarize what we’re trying to do for the Grand Jury: We’re simply showing that the requirements and planned system that the White House, Hayden, Gonzalez, and Rumsfeld had in place is a no-brain system: All you have to do is follow the steps and you get the right conclusion: Improvement.
Rather, what happened was they got caught with a problem:
They don’t have a defense. Moreover, there’s nothing the voters need to know other than this to clearly see that the leadership has done exactly what they should to have done. Rather, when given a clear non-technical solution, the JROC said, “No, we need to do something else.”
Then, the next problem for Hayden, Gonzalez, Rumsfeld, and Bush was that despite what the JROC had already told them -- and what the President’s Budget has certified as a valid requirement – they trough that out the window, and moved away from the objective, and fell below the minimum standard.
This not something that “just happens”. Rather, it’s something that is well known as a natural result of someone choosing to do something that they should not have done:. Here are the decisions that they made:
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List of Deliberate Decisions
Small problem: Their plan failed. We know what is going on.
It is May 2006. There are five months before the election.
Oh, and by the way: The FBI really enjoys talking to General Jumpers. He’s a really nice guy.
The point of the above discussion is to make it abundantly clear to the NSA, White House, RNC, and Congress. The American public know that you have failed. We have time to make adverse inferences.
The same mess which has fallen apart – over the Iraq WMD issue and Downing Street Memo – can be easily understood by the most confused and inept people.
Even the most politically inept, misguide, and distracted people inside the RNC can figure out what is going on: There is a clear process, and people inside this White House, DOJ, and NSA are not following it.
The American public also knows they have options. They can find out more, ask more questions, and continue with the state level impeachment efforts being well discussed in California, Vermont, and Illinois.
The American public an also actively discuss a New Constitution which will solve the above mess, and lawfully impose legal duties on Members of Congress, to further strengthen the consequences for 5 USC 3331 violations.
The American public also knows that it has the support of the international community. The UN at this point already supports shutting down the Guantanmo Detention Centers. The American people are easily capable of understanding human rights violations, and they’ve already organized themselves to bring class action lawsuits.
Any defense, immunity, or claim of “state secrets” – as you can see from the above analysis – is meaningless. The information is available in open.
The problem the President, NSA, Hayden, Gonzalez, DoJ, Rumsfeld, and DoD have is that this entire analysis has been coordinated using methods which your staff cannot comprehend, intercept, or detect.
Why? It’s because you are in rebellion against the Constitution.. Your people no longer trust you. Your workers know that you are war criminals. And most of all, they know that there is something real about the Constitution which will ultimately prevail.
It is time to admit that you are outnumbered, outmanned, and you have no hope of victory. Rather, the FBI is already at your door step, the States are already progressing, and the international community has already begun active planning to invade American unless America lawfully assent to civil order and society and follows the law.
For those attorneys that argue “it is OK to Render people” to Eastern Europe – under the laws of war, which you assert exist – those so abused may lawfully render you, in a reciprocal manner to The Hague.
That planning has already been completed. The forces are on standby. And they are fully prepared to execute those lawful orders to have you delivered in a minimally healthy fashion to non-American locations outside the current “protection” you enjoy.
Again, it is May 2006. There are five months until the election. It is only going to get worse. And you have to deal with the FBI agents and DoJ informants who remain well placed and fully cooperating with the US Attorney. They simply await lawful orders to surface, and then present their evidence.
You have no hope except one thing: Lawfully present yourself, by your own choice to the US Attorney’s office, and freely choose to cooperate with all lawful inquiry. If you refuse to cooperate, then you will lose.
It is that simple. You are outnumbered.
You wished this.
The other thin that is also well known inside NSA, DoD, and the US Attorneys office is that this problem is not isolated. There are multiple NSA programs which have the same problems:
Hayden can’t explain the mess he’s in because he is the mess.
Negroponte, as he did with the UAE deal, is already coordinating the ground raining program and IP-liaison efforts with Dubai. Yes, the planning for Iran continues and we well know about that.
The Chinese and Russians have also been contacted, and they know well the US is in a weakened, groundless position. Iranian forces have already been deployed and are prepared to strike in America’s heartland.
Despite these risks, and real threat that American civilians could be lost in this lawful counter attack in American, the President hopes to create another diversion.
Succinctly, this President is willing to sacrifice the lives of American civilians in order to avoid accountability for his violations of the Constitution. This is illegal, it is a war crime, and under the laws of war he loses special protections.
He is no longer simply a head of state. He is in charge of a criminal enterprise that has convinced others to go along with this. The world community is fully prepared to directly confront, and if necessary, use force to compel Americans to assent to the rule of law.
This issue with war crimes, abuse of power, and violations of the law is not simply a matter of a local issue which Congress can sweep under the rug. Rather, it is now an international problem that the international community – which I might add, fully outnumbers you – is fully prepared to decide either though civil means, or through the forums American prefer as of late to resolve issues: the battlefield.
The above is well known inside the intelligence community, both domestic and foreign. The problem is that this President, despite the mounting evidence and clear violations of the law, believe that nothing will stop him.
He is delusional.
Americans have to decide whether you can trust a leader who is willing to sacrifice civilian lives, simply to avoid facing reality. Through your inaction, you may think nothing will happen. Yet, an international community which sees what is going on is not convinced that they are powerless. They, like Americans have lawful options.
If Americans refuse to assert the rule of law, combat forces from around the world are fully prepared to engage and defeat American air and ground forces. Their view is simple. They would rather wage war on their own terms, than wait around until American decides to recklessly repeat what was done in Iraq and Louisiana.
America has fine system of laws. It’s people are well intentioned. The issue is that they are poorly led, not just by people who are poor leaders, but their conduct is at odds with the laws and standards they impose on others. This alone is what inspires continued attacks on Americans around the globe. The issue is whether Americans want to resolve this issue peacefully under a system of laws you have, or whether you really want the solution imposed from without.
Your RNC knows full well these risks. They do nothing. Rather, they are willing to sacrifice American civilians in order to avoid the consequences of their war crimes. Americans will have to decide whether they will permit this to continue.
If you fail to come forward now and end this reckless defiance of the laws, then you will only have yourselves to blame for what your President and RNC knows full well is possible and foreseeable: Armed attacks against American civilians in the Continental United States.
If you would like to avoid what the world has already planned, you may wish to reconsider your oath of office, and talk to those about what is going on: It’s time for the RNC to lead. Make a decision, and decide whether you want to subject your fellow citizens to more of what you are doing: Barbaric disregard for civilized norms.
It is up to the RNC leadership whether this ends. The problem this leadership has is that they assert a right to violate the laws, and render people for abuse. Under the laws of war, other nations may reciprocate. This is no longer speculative, but something that the RNC knows is very real. If the rule of law is not asserted, it shall be imposed. If the RNC does not assert the rule of law, the RNC is the responsible party for what may happen.
The RNC is in charge. The RNC is the one that is choosing to act or not act. And the RNC is the one that refuses to ensure that the laws are respected and that Americans remain free of physical danger. They will still be in charge for the next five months. The question is whether the RNC wants to lead now, or be led later to The Hague.
The RNC well knows what was done in Italy. How people moved, organized themselves, and illegally moved people to other locations in Egypt. They need to give the RNC membership a really good explanation what is going to prevent this from happening in America. Again, if the NSA is really doing it’s job, how is the NSA not able to warn the RNC of this communication between the NSA and the outside?
The RNC has no answer. They are not leaders. They are war criminals. Most of all, they are not longer capable of defending America or it’s Constitution. Rather, they are more than a threat to the Constitution – they have openly declared by their actions they are an enemy of the Constitution. All government officials have a duty to protect the Constitution against domestic enemies. You must choose which side you are on.
Choose wisely.
Despite the White House threats, intimidating, and abuse the NSA personnel are openly discussing what is well known.
The White House cannot credibly claim that the NSA is the problem. Rather, it is the White House which defies the rule of law.
It is clear the JROC decisions were well supported, and understood. The White House wants Americans to ignore reality. The reality is that the claim of privilege can be trumped, evidence sanitized, and the jury can review in open court the evidence. The White House is unable to explain how the world is putting this dots together, but the White House, RNC, and NSA cannot trace how this is being done.
If the White House isn’t sure how this is being put together, how can the White House be sure it knows what is going on to Render Americans to The Hague?
The threats are not working. The Constitution is prevailing.
Let’s review where we are. They key point is that there is a known problem with the NSA. The JROC despite not spending money, was hoping to use any costless solutions.
It defies reason that the JROC would rely on a complicated technical solution; while the “real solution” – which the White House is using – doesn’t address these requirements.
The JROC, Joint Staff, President, NSA, DoD, and White House counsel all agreed:
By doing this, the JROC and White House are saying:
Now the White House wants us to believe the opposite: That the requirement that had to be met, can get ignored; that a complicated solution is not needed; and that the planned expenditure of funds was not needed. It doesn’t add up for one simple reason: They’ve violating the law, using a non-technical solution which the JROC rejected, and they’re engaged in a cover-up.
Small problem. The FBI and General Jumpers are having a nice chat.
Here’s what we know about ThinThread. JROC knew the requirements were valid; there is an audit report; there is something called a cost report and an operational requirements list. These have been vetted, approved, and the outside contractors who helped provide inputs to these estimates are listed in the NSA R2 descriptive summaries.
At the same time, the JROC can also be affirmatively linked with a discussion on the FISA, and a validation that the FISA requirements were or were not going to be met with the specific program description. This report exists in physical space, FBI agents can look at it, and they can easily sit down with people at any acquisition facility to help them map out exactly where the documents were signed, how they fit in with the overall picture, and what they need to do next. This is called an investigation plan which the Senior FBI agents and Special Agents in Charge are fully capable of doing.
But just in case they have trouble, the following information is designed to assist the blogosphere in doing this on your own and putting the pieces together. Let’s look at this as a race: Who can put the pieces together faster than the FBI.
The question is why was the program cancelled without there being a transmission back to Congress discussing which JROC requirements were not included; while at the same time, why should the public believe that this information has not already been provided to Congress, but it is secret, and there’s no public discussion of this disconnect.
Either the JROC requirements were included in the original NSA program, and then deleted, and this was known; or they did not follow the procedures.
The issue is that despite knowing FISA, the NSA self-delegated themselves the self-check task [a] without an audit; or [b] a finding by the JROC.
The task for the blogsophere is to determine who specifically in NSA discussed with General Hayden [1] which FISA requirements were or were ignored; and [2] why there was no warrant, but still do this without getting a FISA court review.
The information from JROC suggests that Hayden knew well that this requirement was real, but has told the Judiciary Committee that – despite this known JROC requirement – the non-technical approach was satisfactory. Hayden has made out of court inconsistent statements, and not supported by what JROC actually did. We need to find out -- and make available to the FBI and Grand Jury and House Judiciary Committee -- which specific briefings Hayden has given the Senate Intelligence Committee, and to what extent he has mislead the committee about things which we now know:
Let’s consider another set of meetings and discussions early in the NSA program. In simplistic terms there a hand off procedure, whereby the developers [people who design, and make things] physically transfer what they have to the people in NSA [the customer].
The Grand Jury will need to see a simple chart. The chart will show that the FISA requirements were well known, discussed at these meetings, and incorporated into the information the JROC used to make their final choice.
The purpose of this chart is not to say what did or didn’t happen, but identify for the Grand Jury the vulnerability and line of evidence that must exist related to this handoff. The issue isn’t that the evidence does or doesn’t say anything; rather, the issue becomes to what extent these documents – that could clearly be sanitized, and should exist – are not presented in a timely manner. Rule 33 permits adverse inferences when documents are not presented.
This chart is a split chart. On the left side, are the meetings, and pre-JROC activities.
On the right side, are the activities the NSA took while implementing the non-technical solutions.
You’ll want to physically draw an arc from the left side, to the right side to show you the hand off.
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Figure 6: Contrast Plans v. Actual
Development Deployment
= = = = = = = = = = = = = = = = = = = = = = = =
Meetings I Ignored JROC
I
* JOOC I * Operations
I
= = = = = = = = = = = = = = = = = = = = = = = =
.
Legend
.
* Activity
I Vertial line
= = = = = = END of Figure 6 = = = = = = = = = = =
On the left side, the key point the Grand Jury will want
to conclude is: When were the requirements discussed and resolved.
The left side includes many documents. Auditor reports, IG inspections, the contractor plan office man hour time studies, message traffic between the program office and contractors, and the formal documentation between SecDef/OSD and NSA and the NSA PEO. There are multiple copies of these documents, and not all the documents are under NSA control, but are in secure areas at contractor facilities.
Ref: How to find the hidden NSA programs
ON the right side, the key question for the Grand Jury will be: How was the absence of a valid requirement in a non-technical solution, addressed?
Namely, once the NSA realized how the JROC requirements list – that had been approved – was not going to be implemented, what discussion was there on a follow-up, to discuss: How is the actual requirement – which cannot be satisfied because the program is cancelled – going to be addressed by the current operations using non-technical means, which have already been rejected?
The Grand Jury will want to see that there is a trace between the issues identified in the left side – and then see how these issues dropped off the radar by using the non-technical approach. In other words, once all this fell apart, NSA’s Hayden can’t explain what happened to these summary reports on the problem. Rather, he knew well that the requirements weren’t being met with the existing non-technical approach. The NSA’s SETA contractors know well there is a problem, and this was well understood at the technical meetings.
That’s the key area that will link you to the NSA IG, General Counsel, Hayden, and the Senior Executive Service and GM-15s. At a specific point in time, they knew or should have known that the JROC requirements were not going to be met; and that they had a legal issue: The President, Hayden, and Gonzalez were doing things that ignored what JROC identified as a requirement. They key will be to explore when the SES met with private counsel in New York to discuss their legal options. They need to explain why the continued to work in the environment, but did not get the appropriate approval through the DOJ informant program to continue to engage in illegal activity.
You’ll want to check around July 5th 2005, the time that Libby’s attorney in New York are affirmatively identified as having reviewed various documents related to Fitzgerald; and any subsequent contact Libby had with NSA personnel like Negroponte in making recommendations to discuss the issues with counsel in New York and DC-bar accredited attorneys.
It remains to be understood who inside the DoJ informant program gave a green light to the illegal activity on the false impression that the information was going into the FBI. IF the information as flowing, then DoJ OPR would not have a problem getting access.
It appears as though some people inside the NSA believe that they are informants, and that they have been given a green light to commit crimes – as permitted under the information program – but their reports are not going anywhere after DoJ gets them. If DoJ was doing something with them, DoJ OPR would not be getting stonewalled; rather, this information would have been reported by the DOJ IG as an urgent matter to the Judiciary Committee, which Specter would be able to discuss with the FBI.
Lets go back to our parallel line-charts.
Note the following, in figure 7:
A. The planned program was going to meet the JROC requiremen; and
B. The actual program stopped well before the completion of the requirement, but the requirement still existed on a document which real people well known.
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Figure 7: Requirement Remains
= = = = = = = = = = = = = = = = = =
.
Requirement - - - - - - - ^
. /
. /
Ability - - - - - /
.
Actual - - - +
.
= = = = = = = = = = = = = = = = = =
Legend
.
/ Rising performance to meet requirement
^ Up arrow
- Time
+ Event, end of program/activity
.
= = = = = = END of Figure 7 = = = = = = = = = = =
The requirement does not go away. JROC concerns are
valid, and the non-technical solutions (changes in procedure) will not work.
The issue is that the performance capabilities of the NSA are not met; but the requirement still exists.
Once the program was cancelled, the White House diverged. If it was possible to simply change procedures, and not use a technical solution ( as does the current Presidential activity), then there would be no reason to spend money in the fits place.
The point of this chart is to show you that as the divergence between the original requirement increased – as observed at each review, which the President says was occurring – the difference between the original requirement is increasing.
Note: the I-marks, which represent the difference between the requirement and the actuals, is increasing.
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Figure 8: Divergence Known at NSA Reviews
.
= = = = = = = = = = = = = = = = = = = = = = = =
.
--------------------- time --------------------
.
Reviews + + +
.
Requirement - - - - - - - - - - - - - - - - -
. / i i i
. / \ i i i
Ability - - - - - / \ i i i
. \i i i
Actual - - - + \ i i
. \ i i
Minimum . . . . . . . .. . .\. . . i
[FISA, Constitution] \ i i
. \i i
. \ i
. \ i
. \ i
. \ i
. \ i
. i
.
.
-----------------------------------------------
Legend:
.
/ Rising perofrmance to requirement
\ Falling actuals below minimum standard
V Down arrow
+ Review point
i Difference between requirement and actuals
.
= = = = = = END of Figure 8 = = = = = = = = = = =
The important thing to keep in mind is that the planned
ability was to increase to meet the JROC requirement, which is the initial increase or upslope from the Ability to the requirement.
Also, once the program was cancelled at the actuals [+], the ability of that program, degraded, and resulted in increasing differences between the JROC-FISA requirements, and what the White House was actually doing [i]
This leads us back to the Downing Street Memo: remember the DSM is fixed; as we move forward in time from that specific event, the different between the reality (as measured by documentation) and the cover-up becomes greater with time.
This presents a problem for the White House: They have to rely on greater levels of absurdity to prevent things from surfacing [See the list of deliberate decisions A-O, above at this link]
The issue in 2006 is that this divergence is so wide, the public well understands the problem, and the RNC refuses to provide leadership.
The voters are fully prepared to make adverse inferences.
White House Excuses
Indeed, the White House and outside counsel are not going to roll over. They’re going to come up with all sorts of non-sense. One of the likely excuses the Grand Jury will hear is something akin to absurdity.
Principle 1 He who has the most money, has the gold and power, and wins.
Keep in mind a couple of things about money. Money is power. The goal of the Government is to save money, and then use it for something.
Government prefers not to spend money, and will reluctantly put money against a new program. They would rather use a non-technical solution which is costless, which means they can spend the money elsewhere.
By not spending money now, they can keep current programs funded, not impact things, and keep the money in reserve.
Principle 2: Smart people figure out how to do things without spending money
Also, there are smart people in DoD who will go out of their way to solve problems without spending money. JROC will look at requirements, and they would rather not spend money. If they can find a costless solution, they’ll do it.
What we know is that despite the inclination to not spend money, and use a potential change sin procedures, this JROC said, “We have to spend money.”
The issue is that despite the decision to spend money (after concluding there was no way to address the issue using a change in procedures), Hayden wants us to believe he did just that, and still is meeting the requirements.
That is impossible:
The problem is that the President and White House counsel (Gonzalez) well knew that the President’s budget is a deliverable to Congress; and that Hayden’s testimony and his assertions of “legality” are completely at odds with what JROC concluded prior to the President, SecDef, and Hayden agreeing with JROC.
The evidence is compelling and easily digestible by any Grand Jury. The information is easily obtained in the President’s Budget, descriptive summaries, and the program documentation. This information can be sanitized of any sensitive information to present to the Grand Jury. Any claim of privilege is dubious.
All assertions that they enjoy immunity are absurd: They well knew that the JROC decision was consistent with both FISA and the Constitution; and that the cancelled program ensured the non-technical solutions were wholly at odds with the clearly established laws and rights.
There’s no reason this case cannot proceed to trial immediately. Rather, any effort to suppress this evidence, or dismiss this valid complain in any American court should be interpreted by the voters as an effort to obstruct justice, and undermine the Constitution.
Moreover, any effort by any Member of Congress to ignore this problem should be examined in light of the 5 USC 3331. Also, any attorney who thwarts or intimidate any member of the public from presenting evidence should be immediately investigated for purposes of disbarment, for failing to honor their oath to the Constitution.
Here’s what we know:
Hayden is stuck in that he can’t explain why a non-technical approach has been employed; and why this approach is “acceptable” or “lawful” despite the JROC conclusion that non-technical solutions were insufficient and could only be solved with a costly program.
It remains to be understood whether Hayden and or other personnel in NSA will claim that they were under some sort of confusion after they have signed the program documentation; or whether the original signing officials have selective memory.
The Grand Jury should consider the following issues when considering whether it is plausible whether this likely feigned memory problem is credible:
The President has nominated a person to the Senate who has great stature. He is well recognized. His credentials are well respected. It defies logic that the President of the United States would have us believe that is replacement for the directorship of Central Intelligence has a memory problem, does not understand the rules, or has trouble translating simple experiences into results.
By nominating Hayden, the President has politically shot himself in the foot, apparently taking hunting tips from Cheney.
Hayden’s problem has only just started. Hayden cannot explain:
Hayden has a credibility problem. In order to justify why information should be suppressed, the government is going to have to openly discuss why that information cannot be discussed.
But Hayden and the government have a very high burden of proof to credible have this case dismissed and successfully assert privilege as a bar to trial. First, it is not clear how anybody how well knows the JROC and FISA requirements (at the heart of the program) can be satisfied with a non-technical solution outside what JROC asserted was needed.
Rather, we can conclude the opposite: There is a reasonable basis to expand the inquiry to discuss and examine issues of procurement fraud, whether false statements were made; or whether those statements were true, and subsequently ignored by the President, Gonzalez, Rumsfeld and Hayden – as to whether there were or were not non-technical, costless solutions to solve this problem.
What we do know:
The issue is: How many other programs is this going on, what should the NSA IG and House and Armed Services Committees be looking at; and is there a pattern of misconduct inside the RNC that is avoiding the larger, known problems.
IT remains to be understood what other statutes and requirements which JROC has well discussed have been similarly “solved” by using non-sense “workaround” that JROC has explicitly rejected as illegal, non-starters, or otherwise non-feasible. IN short, it appears as though the violations of the law, as related to the JROC and the reckless disregard for the law, is widespread, well known in OSD and the Department of Defense, and morale and discipline is abominable.
That’s the good news.
Congress has some explaining to do. Not something that is going to be buried in a letter. Rather, the political debates need to challenge directly each of the Members of Congress related to issues of:
Congress has a lot of information. They’ve been in attendance at many classified briefings. They need to immediately report to the US Attorney’s office, discuss everything they know, and ensure that the US Attorney is fully brought up to speed on the times, dates, and topics NSA, DOD, and DoJ have given.
Members of Congress need to cooperate with these investigations, and they need to publicly state in a manner that the general public can access and understand how they are cooperating with the lead investigators and FBI for purposes of discovery in re perjury and the Jumpers investigation.
The other problem is that DoD, in order to support the illegal invasion of Iraq, has raided funds from non-DoD entitles (possibly the Post Office); the actual costs are much higher. Congress needs to better explain why they’ve lost track of where DoD is getting money.
Not only did the government ignore the law, they’ve now recklessly spending money without regard to facts. Madison spoke well of this in the Federalist Papers. The idea of a separation of powers is to avoid this problem. Clearly, we need to devise a more robust system to ensure this abuse of power – regardless which party is in control – does not do this again.
That needs to be the big picture solution and action plan for the country between now and tomorrow. You need to discuss solutions to this problem. This isn’t an election issue. It’s an immediate Constitutional issue which the RNC needs to address, not tomorrow, but today. If they don’t respond, then make that non-response the issue.
The RNC’s job is to make or break themselves. They can either lead now, or they can be led to The Hague.
The country also needs to spend some time digesting what has failed with the auditing process. Specifically, this entire budget problem was well known within the President’s Budget meaning two things:
Bluntly, it remains unclear why a simple budgeting issue like this would require DoJ OPR to get “special clearances”. This is merely an accounting issue. Rather, based on the DoJ AG and NSA stonewalling of the DOJ OPR, we have to conclude that the IG, and DoD auditors have been similarly stonewalled not for any bonafide state secret, but because of
5 USC 3331 is clear: Members of Congress have an oath to the US Constitution, not to the President, or the RNC, or something called, “State secrets.” Rather, it’s the job of Congress to ensure they are asserting the law, not allowing the abuse of power to trample the law. This country needs to address what is to be done to ensure that the oath means something, and that this disaster – that we are still coming to grips with – is addressed, not swept under the rug.
The current problem is that the concept of self-governance, which this nation relies on as the justification to illegally invade others, is absurdly lost at home. The rest of the world sees what Americans refuse to face: American system of self governance has failed, and America has exported its failed system using illegal force. There’s your answer why the world hates America: America deserves to be despised for turning its back on the Constitution, and all that Madison, Washington, Jefferson, Adams and the countless others in 1776 risked their lives to do.
America’s battle then was against tyranny. The world now must choose to decide what to do.
In 1776 Americans said they exhausted all options, and there was no peaceful solution. In 2006, the world is ready to do the same: Exhaust all lawful options, then take this dispute to the battlefield.
America faced formidable odds in 1776, but some dared to stand for principle. Around the globe, many others have stopped asking, “What is to be done,” and they too are willing to risk their lives, than be abused, especially by an arrogant nation and people who refuse to rise to the occasion.
The world is ready to discuss solutions and provide assistance. The problem is that America refuses to peacefully resolve its home. The world is ready to destroy what little remains of the crumbling American household.
The way forward is to discuss what is happening with the NSA programs in public. There is no risk that technical details will be compromised, because those technical details do not exist: The technical program is not being used.
Rather, the issue is why did this nation spend money on ThinThread, or other NSA programs, if, (as the White House, Attorney General, and NSA’s Hayden want us to believe) the legal oversight was OK?
The issue is that non-technical, costless solutions are preferred. It remains to be understood how this program, and the other Presidential programs, were approved. These are valid requirements because the law required it. The issue is why despite the law, did the requirement get swept under the rug, with the Constitution, while the US had the audacity to claim it had the moral high ground, while it clearly stood in a cess pool.
Let’s consider the White House counsel, AT&T counsel Berenson with Shipley. It remains to be understood what role, if any, Berenson had with respect to the NSA oversight, or coordination on the JROC-related requirements.
At this juncture, it remains to be understood how the Jumpers situation pans out; and what relationship, if any, the procurement issues may related to Berensons’ representation of AT&T or possible subpoenas now that the EFF v AT&T court has rejected the dismissal.
Jumpers and Hayden share a joint disdain for the law; a selective reading of the procurement process; and an unacceptably liberal interpretation of the what the Constitution means, and how the laws of the land are to be followed.
The greatest problem for Americans is that these are the “best” that America can offer, they are the leadership, and the troops well know what they are seeing. The issue is what is to be done to ensure the troops are led by people who are honorable, trustworthy, and freely assent to the Constitution.
The issue is that the AT&T counsel may very well become the target of an FBI investigation above and beyond what has already been reported. The issue is:
What is to be done
The blogosphere is going to have to decide whether you want to dig through the internet, make calls, and stir up a discussion. The issue is going to be to make it known to Congress that you well know the requirements and acquisition process, and that Congress isn’t doing their job.
Your job is to remind the Congress and the rest of the blogsophere that the public needs to get a straight story – well before the November election – over the NSA requirements document, the JROC process, and the NSA Program documentation, and the NSA descriptive summaries. At this point, it seems rather clear that the national leadership is not interested in doing what they should do.
At the same time, you need to have a heart t heart with those in the RNC. It is time to sit down with them and get them to dialog on this issue: The RNC is in charge right now; what is their leadership going to do about this process in May 2006. Time to put the election aside for the moment, and get the RNC membership to commit to what they are going to do.
IF they have no plan, and no idea, then that needs to be the issue: The RNC membership needs to be reminded that they have to demand leadership, and if there is no leadership, it is their job to find better leaders. Not “next week,” but right now. Yes, this means the RNC General Counsel and Party leadership need to be called on the carpet, and brought before the Membership to explain what is going on, whether the RNC has any plan, and what the RNC leadership is going to do to take their oath seriously.
The burden is on the RNC to address, not explain away. This is happening on their watch, and the RNC’s job is to solve this, or come up with a plan, not “next month” but right now: They’re still in charge. It’s time for them to show the public that they can lead, or that they do not deserve to lead. One or the other.
The action is going to have to wrestle with the realities of the NSA documentation. The issue isn’t that this is a classified program. That’s non-sense. The issue is that despite clear prams requirements from the JROC, the leadership has failed to get a good accounting:
At the same time the FBI and US Attorney need to be actively brought up to speed. The House and Senate Armed Services Committee Staff need to put together a quick table talk briefing to outline for the US Attorney exactly what they plan to do to support the oversight, and fact finding. This is not simply a criminal investigation, but a matter of urgency which the DoD, DoJ, and NSA IG should have already reported as an urgent matter. If there are not urgent messages from the IGs, then the Members of Congress need to certify in writing that they have not received any messages from the IG, and so provide that to the US Attorney and FBI.
Also, as backup, the investigations are going to have to quickly move into the contractor plan representatives, and get a copy of the JROC documentation. JROC spent considerable time on this matter, and concludes something specific. The issue is why the events on the ground are at odds with that JROC conclusion.
General Jumpers is currently under alleged investigation fro procurement fraud. Your job in the blogosphere is to use that as an entry way into other issues. Know there are some people who are eager to share what they know. Remind your audience that you know full well the larger issue with Jumpers: The potential link this has with the possible impeachment investigation and issues with program documentation.
It remains to be understood what happened after the NSA program was cancelled, while at the same time to President was using the non-technical solutions to address the issues. Specifically, once the program is cancelled, SecDef and the Air Force leadership should have done a review to assess what went wrong. The lessons of the NSA may be interesting to contrast when reviewing the Thunderbird Contract.
You’ll also be wise to consider the results in the context of the DoJ OPR stonewalling. Remember, DoJ OPR said they couldn’t get clearances; so it stands to reason that DoJ AG not only has something to hide, but is likely to create more stonewalls related to questions on the NSA, JROC, and other matters. It appears that just as the DoJ AG hasn’t done a review of the DoJ OPR issues in re NSA (in that he’s got no explanation fro the stonewall or why the can’t do their job), there’s been no similar follow-up reconciliation between the original JROC requirements, and the President’s subsequent use of the non-technical means. There are two lists that haven’t been compared. Oh, the familiar patterns in light of the Katrina and Iraq WMD and post invasion. Same staffers, same failed analysis, same botched results. Something for the RNC to solve and explain now, not in a week.
As you can see there’s a lot that the JROC knows. The US Attorney and investigators need to know some very basic things:
It looks like there’s a big hole in the auditing, reports, and the documents. The RNC needs to explain what their plan is to address the repeat finding from Katrina, Iraq WMD, and the after action reports in re Iraq reconstruction.
What you can do
There are five websites you can visit:
The following information is of interest:
One question to keep in mind is the following:
How was the post-JROC requirements list (mandating a technical solution) reconciled with the non-technical approach Hayden, the White House, and the Attorney General are using?
Action items
As you can see the above issues are somewhat straightforward, easy to understand, and fairly cut and dry. The RNC has a real problem: You are armed with something that they didn’t expect you to find out.
The issue going forward is to use this information to work with others. Obviously, you’re free to ignore this information, or use it as you will. Here are some ideas of people who may want to know more about your reactions, or what you are doing, or things you can do if you’re wondering, “What can I do.”
Good luck.
posted by Constant @ 1:22 PM
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