U.S. Military Now Using National Security Letters
National Security Letters -- the use of which by the FBI we have examined here, here, and here -- have become a tool for the military now.
The Pentagon has been using a little-known power to obtain banking and credit records of hundreds of Americans and others suspected of terrorism or espionage inside the United States, part of an aggressive expansion by the military into domestic intelligence gathering.
The C.I.A. has also been issuing what are known as national security letters to gain access to financial records from American companies, though it has done so only rarely, intelligence officials say.
Banks, credit card companies and other financial institutions receiving the letters usually have turned over documents voluntarily, allowing investigators to examine the financial assets and transactions of American military personnel and civilians, officials say.
The F.B.I., the lead agency on domestic counterterrorism and espionage, has issued thousands of national security letters since the attacks of Sept. 11, 2001, provoking criticism and court challenges from civil liberties advocates who see them as unjustified intrusions into Americans’ private lives.
But it was not previously known, even to some senior counterterrorism officials, that the Pentagon and the Central Intelligence Agency have been using their own "noncompulsory" versions of the letters. Congress has rejected several attempts by the two agencies since 2001 for authority to issue mandatory letters, in part because of concerns about the dangers of expanding their role in domestic spying. ...
Usually, the financial documents collected through the letters do not establish any links to espionage or terrorism and have seldom led to criminal charges, military officials say. Instead, the letters often help eliminate suspects.
"We may find out this person has unexplained wealth for reasons that have nothing to do with being a spy, in which case we’re out of it," said Thomas A. Gandy, a senior Army counterintelligence official.
But even when the initial suspicions are unproven, the documents have intelligence value, military officials say. In the next year, they plan to incorporate the records into a database at the Counterintelligence Field Activity office at the Pentagon to track possible threats against the military, Pentagon officials said. Like others interviewed, they would speak only on the condition of anonymity. ...
"There's a strong tradition of not using our military for domestic law enforcement," said Elizabeth Rindskopf Parker, a former general counsel at both the National Security Agency and the C.I.A. who is the dean at the McGeorge School of Law at the University of the Pacific. "They're moving into territory where historically they have not been authorized or presumed to be operating."
Similarly, John Radsan, an assistant general counsel at the C.I.A. from 2002 to 2004 and now a law professor at William Mitchell College of Law in St. Paul, said, "The C.I.A. is not supposed to have any law enforcement powers, or internal security functions, so if they’ve been issuing their own national security letters, they better be able to explain how they don’t cross the line."
(Pentagon spokesman Bryan Whitman) said that only four U.S. military entities are authorized to ask for them -- the U.S. Army Counterintelligence Center, the Criminal Investigation Service of the Army and of the Navy, and the Air Force Office of Special Investigations.
All of these entities are overseen by CIFA. ...
(CIFA) was criticized in December 2005 after it was revealed that a database managed by CIFA, called TALON, contained unverified, raw threat information about people who were peacefully protesting the Iraq war at defense facilities, including recruiting offices. In August, CIFA Director David A. Burtt II and his top deputy, Joseph Hefferon, resigned in the wake of a scandal involving CIFA contracts that went to MZM Inc., a company run by Mitchell J. Wade. Wade pleaded guilty last February to conspiring to bribe then-Rep. Randy "Duke" Cunningham (R-Calif).
The Pentagon has been using a little-known power to obtain banking and credit records of hundreds of Americans and others suspected of terrorism or espionage inside the United States, part of an aggressive expansion by the military into domestic intelligence gathering.
The C.I.A. has also been issuing what are known as national security letters to gain access to financial records from American companies, though it has done so only rarely, intelligence officials say.
Banks, credit card companies and other financial institutions receiving the letters usually have turned over documents voluntarily, allowing investigators to examine the financial assets and transactions of American military personnel and civilians, officials say.
The F.B.I., the lead agency on domestic counterterrorism and espionage, has issued thousands of national security letters since the attacks of Sept. 11, 2001, provoking criticism and court challenges from civil liberties advocates who see them as unjustified intrusions into Americans’ private lives.
But it was not previously known, even to some senior counterterrorism officials, that the Pentagon and the Central Intelligence Agency have been using their own "noncompulsory" versions of the letters. Congress has rejected several attempts by the two agencies since 2001 for authority to issue mandatory letters, in part because of concerns about the dangers of expanding their role in domestic spying. ...
Usually, the financial documents collected through the letters do not establish any links to espionage or terrorism and have seldom led to criminal charges, military officials say. Instead, the letters often help eliminate suspects.
"We may find out this person has unexplained wealth for reasons that have nothing to do with being a spy, in which case we’re out of it," said Thomas A. Gandy, a senior Army counterintelligence official.
But even when the initial suspicions are unproven, the documents have intelligence value, military officials say. In the next year, they plan to incorporate the records into a database at the Counterintelligence Field Activity office at the Pentagon to track possible threats against the military, Pentagon officials said. Like others interviewed, they would speak only on the condition of anonymity. ...
"There's a strong tradition of not using our military for domestic law enforcement," said Elizabeth Rindskopf Parker, a former general counsel at both the National Security Agency and the C.I.A. who is the dean at the McGeorge School of Law at the University of the Pacific. "They're moving into territory where historically they have not been authorized or presumed to be operating."
Similarly, John Radsan, an assistant general counsel at the C.I.A. from 2002 to 2004 and now a law professor at William Mitchell College of Law in St. Paul, said, "The C.I.A. is not supposed to have any law enforcement powers, or internal security functions, so if they’ve been issuing their own national security letters, they better be able to explain how they don’t cross the line."
(Pentagon spokesman Bryan Whitman) said that only four U.S. military entities are authorized to ask for them -- the U.S. Army Counterintelligence Center, the Criminal Investigation Service of the Army and of the Navy, and the Air Force Office of Special Investigations.
All of these entities are overseen by CIFA. ...
(CIFA) was criticized in December 2005 after it was revealed that a database managed by CIFA, called TALON, contained unverified, raw threat information about people who were peacefully protesting the Iraq war at defense facilities, including recruiting offices. In August, CIFA Director David A. Burtt II and his top deputy, Joseph Hefferon, resigned in the wake of a scandal involving CIFA contracts that went to MZM Inc., a company run by Mitchell J. Wade. Wade pleaded guilty last February to conspiring to bribe then-Rep. Randy "Duke" Cunningham (R-Calif).
posted by Effwit at 9:05 AM
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