Constant's pations

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Thursday, April 12, 2007

Decerififying NSA and DOJ OIG Offices

Based on a review of the repeat findings in the NSA verification audit, we recommend Congress, GAO, and DOD IG discuss desertification of the NSA and DoD Inspector Gernal's offices.

Both OIG have not well demonstrated their Independence or trustworthiness in reviewing the legality of the activities.

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Here is the verification audit done on NSA IG. in light of the illegal activity of the Prescient, and otherConstitional violations, we have no confidence NSA IG can adequately meet these requirements.

Until NSA IG is decerified, and submits to a subsequent verificatino audit, we have no choice but to conclude NSA and DOJ OIG are compromised.

Verification Audit

Verification audits are done to show that the NSA and DOJ IG are meeting their procedures. The issue is not whether the NSA is or is not doing the right thing, but whether the internal controls, audits, and checklists NSA OIG is using will or will not catch audit risks.

Based on the illegal activity disclosed in the illegal domestic surveillance activity, and the fact that the illegally NSL issues were not self reproted, but prompted by Congress, we conclude that the OIG in both DOJ and NSA cannot be trusted to independently audit either NSA or the Department of Justice.

It remains a separate issue whether the NSA and DOJ are or are not meeting their statutory requirements. It is a secondary issue whether the entire Departments of Justice or National Security Agency are decrtified and transferred under direct Congerssoinal Control.

Based on Article 1 Section 8 powers to raise and support armies, Congress does have the legal authority to appoint a special master to direct the transition of NSA and DOJ personnel to direct Congressional Control.

The President cannot argue that he has primary control of these agencies when they are being illegally used, do not meet audit requirements, and have been unwilling to comply with the law.

Eitehr Congress decertifies the Agencies, transfers them to COngerssoinal control as direct reporting agencies under Article 1 Section 8; or the Congress redefine a new oversight system which will compel investigations regardless who controls any branch of government.