Grand Jury Inestigates National Security Leaks

The NY Times and WaPo tell us that the puzzling Russell Tice has received a grand jury subpoena;  Per the Times, this represents confirmation of a serious investigation:

For months, the Federal Bureau of Investigation has been looking into disclosures of secret intelligence operations, including The New York Times’s reports in December about the N.S.A.’s domestic surveillance program and The Washington Post’s articles on the Central Intelligence Agency’s overseas jails for terror suspects. But the subpoena is the first public confirmation that a grand jury has begun to hear evidence.

The decision to compel testimony before a grand jury is an indication of the seriousness of the inquiry. The Eastern District of Virginia has often been chosen by the Justice Department for national security cases because the federal court there is generally thought to be favorable to the government.

The Times also quotes an ACLU spokesperson who may be unfamiliar with the relevant laws:

The American Civil Liberties Union denounced the subpoena as part of an effort to cover up government wrongdoing.

“Courageous federal employees like Mr. Tice who bring hidden truths to light, letting lawmakers and the American people know when official misconduct has occurred, perform a valuable public service,” said Caroline Fredrickson, director of the A.C.L.U.’s legislative office in Washington.

Courageous federal employees who bring hidden truths to light by alerting Congress are protected under the Intelligence Community Whistleblower Protection Act; federal employees who alert the press, not so much.

Per the Times the subpoena to Mr. Tice was posted at the website of the National Security Whistleblowers Coalition, although I haven't found it there [but Cecil Turner has].

Comments

[Cecil Turner]

. . . although I haven't found it there.

It's there. Try this link, which links to the subpoena here.

[JorgXMckie]

This sorta suggests one should be careful where one blows one's whistle.

[Ensla]

FBI was questioning 15 Congress members. If they were part of the (Plame) Grand Jury investigation into NSA(where CIA analysts are moving-DIA) leaks are they banned from committees for five years like the law that protected informants(Plame)?

The NSA employee now being questioned is going over as the CIA analysts move to DIA/NSA.

No Fear legislation is supposed to co ver all federal employees.

[Specter]

It is about time this netroot-nutcase is brought before an real investigative group.

[windansea]

who is the lead prosecutor in this

do we get a Fitz?

[Other Tom]

I love it--"Government begins its witch hunt." (See Cecil Turner's link.) The bad thing about witch hunts was that witches don't really exist. Not so for federal employees who criminally disclose classified information to unauthorized persons.

Presumably there will be no Fitz here because there are no grounds for a special prosecutor--no reason the Justice professionals can't take this one on. And I assume Tice will take the Fifth, although he has incriminated himself abundantly in the press already. Unofrtunately, I believe the DOJ guidelines provide that reporters should be subpoenaed only as a last resort, which is the way Fitz supposedly did it. This oughta be good!

[Jane]

The subpoena is signed by Steven A Tyrrell.

Google says he is employed as an assistant AG by the US Attorney's Office, Southern District of Florida .

[Specter]

If it's a witch hunt let's strap Tice onto a Fajr 5 and light the fuse. If he lives, he's a witch. If not, well...no more wasted dollars.

(For those of you who think this was a serious suggestion - I was using satire to not only make fun of Tice, but of our own history.)

Gawwwd...having to put disclaimers into posts....what next?

[windansea]

lets hope Tyrrell is a tyranosaurus :)

[clarice]

There will not be a special prosecutor because there is no reason for the press and the Dems to demand the appointment of one. Period.

Congressmen and their staff who refuse to take (or flunk) polygraphs lose their security clearance and would be barred from the intel committee and any other committee which gets access to classified material. There have been many hints that Rockefeller was a NSA leaker and that the reported "back trouble" which has kept him from attending Sen Intel Committee hearings is a pretext to cover his refusal to take a polygraph.

[Ensla]

I forgot mention that Plame was investigating domestic political groups that Congress investigated (500 things) from Brewster's Millions and possibly used NSA resources to which she took exception with the intelligence committe or Specter.

Plame's boss is running the CIAs move to NSA/DIA.

Rockefeller was'nt the leaker. He was the one who did a godd job and KNEW ALOT.

Tyrell is in that movie...........

[Rick Ballard]

Ensla,

Try bringing a little more to the party or you'll be found guilty by reason of mental defect.

How's Cole by the way?

[clarice]

ensla seems to have super secret sources of information not available to the rest of us mere mortals.

[larwyn]

Hasn't the NSA already established a defense for Tice by dismissing him for "mental problems".

Will he now just admit he's crazy and midnight e-mails/visits from V*I*P*E*R*S* told him to do it.

That's what led him to write senario for soon to released movie
"Snakes on Planes".

Lurker reports that the DU poll is up to 84%. Is DU running this poll to add "moonbat credibility" to all insanity pleas from LEAKERS
and TERRORISTS. (Seattle shooter, loner with bi-polar)

[Rick Ballard]

Clarice,

Assuming Tice takes the Fifth, the door then swings open for Lichtblau and Risen to spend some quality time with the gj, no? Per the fantastic 'Fitzgerald Precedent' but without recourse to false affidavits, of course.

Does appellate jurisdiction remain within the DC Court or is the Eastern District under another division?

[clarice]

IIRC Tice is being tried in Virginia which would seem to mean Appellate jurisdiction is with the Fourth Circuit, not the US Dist Ct for the Dist of Columbia unless there is some special jurisdiction thing re federal espionage which I am unaware of ..But the Miller ruling is unlikely to be overturned by them and the Miller suite in the federal pen will be available for Lichtblau and Risen.

[cathyf]

ensla seems to have super secret sources of information not available to the rest of us mere mortals.

Although not enough information to construct a coherent paragraph. Hey, ensla hon, a little piece of advice: don't just assume we hear the same voices in our heads as you hear in yours -- you would need to give us a little more background if we were to have any clue as to what you are talking about.

cathy :-)

[cathyf]

Plame's boss is running the CIAs move to NSA/DIA.

And who would "Plame's boss" be? Plame told Vanity Fair that it was Alan Foley. He 1) says he was not her boss in the strongest of terms, and 2) has a new job that is clearly a demotion -- security chief at Argonne National Lab which does basic scientific research. (Perhaps he was looking for a job with a better work/life balance. His CIA position was quite senior and I'm sure he worked very long hours. Isn't "spend more time with the family" the generic all-purpose excuse?) But Agronne is definitely not NSA, or DIA, or even near DC. (It's in suburban Chicago.)

cathy :-)

[topsecretk9]

- Congress investigated (500 things)-

527's?

[Other Tom]

"I forgot mention that Plame was investigating domestic political groups that Congress investigated (500 things) from Brewster's Millions and possibly used NSA resources to which she took exception with the intelligence committe or Specter."

Say what? Plame was investigating something? Can some English major parse that sentence for me?

[clarice]

**not the US COURT OF APPEALS for the District of Columbia Circuit**(Sorry)

[Rick Ballard]

"Can some English major parse that sentence for me?"

SpecialEd majors might have an advantage over English majors with this one. It may be a poem to be chanted while accompanied by Peruvian flute. Hard to say.

[clarice]

Marching to a different Dumber?

[SunnyDay]

Isn't Brewster's Millions a movie or TV show or something?

[PeterUK]

Apparently,Russell "Make that a triple with extra fries" Tice,reported a colleague for being overtly Chinese,appearing to live above her income and going on holiday.For this Tice was given psychiatric tests,which he passed,just like Larry,but thereon in demoted via the motor pool to cleaning out a warehouse.
The FBI are anxious to interview him for several security leaks to the New Leak Times,and to ascertain the whereabouts of the keys to the broom closet.

[windansea]

Tyrell is in that movie...........

Brewster's Millions???

oh...cease and desist with the multiple ....

that's my trademark pal

[topsecretk9]

Was a little known front company really a little known rougue front company?

[vnjagvet]

The District Court for the Eastern District of Virginia in Alexandria is known as the "rocket docket" because of its no-nonsense approach to moving both its civil and criminal calendars.

Its grand and petit juries are generally well-qualified and competant. Its Judges are well-respected.

It is normally the District of choice for espionage and security cases because it is both swift and technically proficient. Moreover, its appellate court,the Fourth Circuit in Richmond, is one of the most prosecution friendly Circuit Courts in the country.

If I were a leaker, I would lawyer up now. This is a serious, professional effort. It does not have any of the normal earmarks of a political investigation.

[Extraneus]

All I can say is, it's about time. I'm really looking forward to the balanced coverage this investigation will certainly get in the MSM, but hopefully we'll still be able to get some decent clues as to who's sweating. At any rate, it's probably a good idea to moderate one's expectations regarding the Bush Adminstration's willingness to go after domestic enemies.

[topsecretk9]

If I were a leaker, I would lawyer up now.

Interesting Vnj

Raising funds to lawyer up too, huh? Hmm.

[ordi]

windansea,

Isn't imitation always the best form of flattery??????? TM :)

[Rick Ballard]

Vnjagvet,

The only little niggle to interrupt a full throated cheer from me wa the language "Section 793 and other related statutes" in the subpoena. I would prefer to have seen Section 798 which does not have the intent problem which arises with 793. Perhaps Tice will be nailed with 793 on the "or reason to believe" aspect and Sulzberg, Keller, Lichtblau and Risen with 798.

They can use either for Rockefeller et al in the Senate.

[clarice]

Exactly so vnjagvet..And from what Mac is reporting this is not being run by a neophyte in the ways of the Washington world like Fitz--these prosecutors know what they are doing..and have diagrammed their cases.

[clarice]

About the ingenuity of American soldiers--using toys to foil IEDs.http://americanthinker.com/comments.php?comments_id=5688

[Other Tom]

The subpoena refers to Section 793 "and other related statutes." By God I want this asshole frog-marched.

[Rick Ballard]

"By God I want this asshole frog-marched."

Tice?
Rockefeller?
Durbin?
Sulzberger?
Keller?
Lichtblau?
Risen?

One has to be more specific when all members of a group share a common attribute.

[topsecretk9]

I wondered in the past - and believe - the NSA "leak" was a bit more nefarious than a straight arrow at the Bush Admin.

I suspect the NSA program was similar in nature to Able Danger - and the reasons given for scrapping AD were the inherent tendency that people - other than Al Quida - popped up and that Gorelick "Wall" sure came in handy.

The CIA embraced that "wall" too. Maybe the "wall" was born out of good intentions, but like so many things became a useful tool that could be exploited, for protection, to hide things. Once that "wall" is broken, well it's almost like sunlight getting in.

Anyways, I suspect the NSA program turned up uncomfortable things. I've read enough vague reference to this in stories, one in USA today - placed deep within ( the idea of this passage had been on one's mind)

"...At the very least, one can imagine this information being used by law enforcement agencies trying to trace people who have attracted their attention but about whom they don’t have enough information to justify a court order. Or to look for whistle-blowers who have leaked sensitive information to reporters..."

You can ALWAYS rely on the US news media to take the bait. Of course, they're whistleblowers -- (Hey news guys? What if those people are doing bad things, BEFORE the whistleblow?)

The leak seems like a controlled operation, with 4 purposes...politicize the program, therefore politicize any information the program found -- the ultimate CYA spin job, bad guys become heroic truthtellers, control the overall narrative (see 1) and oh yeah, hurt Bush.

(Doesn't this remind you of another incident we talk about?)

[narciso]

Interestingly enough, the agency mea culpa
ghosted by Ron Susskind, identifies Valerie's boss as as Rolfe Larson Mowatt, a former ranger, who rose to chief of station, in Moscow in the mid 90s,(how many COS were there in Moscow at the time; Kappes,Sulick et al) and Beijing, at the time of the 9/11 attacks; most recently
the head of DOE security.

[Other Tom]

"...At the very least, one can imagine this information being used by law enforcement agencies trying to trace people who have attracted their attention but about whom they don’t have enough information to justify a court order. Or to look for whistle-blowers who have leaked sensitive information to reporters..."

At least from the accounts of the NSA program that have appeared in the press, I don't see how it could be used to seek out whistle blowers. With one or two exceptions that have been described as inadvertent errors, every call has been an international one, and the only calls in which content has been intercepted have been ones in which the person at the other end was suspected of terrorist activity. Obviously this--or any other--system can be abused, but the adminstration people say the congressional intelligence people were fully briefed, and none of them has claimed otherwise. So I don't see it.

[topsecretk9]

OtherTom

That is why I think it was preemptive spin...what if the program identified employees who were engaged in things subversive, say? If said employee leaks the program to newspapers (NOTE - NOT the procedural way set up to PROTECT true whistle-blowers) said employee has attempted to insulate himself AND has now cast himself as a whistle-blow -- essentially blew the whistle on the program that identified him as a crime doer instead.

Speculation, but because these were "leaks" and these so-called whistle-blowers did not seek SOP which is the very thing designed to protect them, speaks volumes to me.

[PeterUK]

What if,for example someone was intercepted aranging a meeting with the enemy leader ship,say in Paris?

[vnjagvet]

Other Tom's point is well taken, Rick. I believe any of the Sections under Chapter 37 are encompassed by the "and related statutes" language.

The intent requirements are not identical between 793 and 798, but they are similar, and both can be met with circumstnatial evidence.

Clarice is right that they have "diagrammed their cases". These prosecutors have their shit together.

Expect pleas, immunity grants and turning of witnesses. Once the suspects lawyer up there will be a race to be first person out.

That is not unusual in the rocket docket.

And don't expect many leaks, either. The E.D. Va. Judges are not shy about contempt, and the bar that regularly practices there tow the mark.

Most targets and defendants, if they are wise, get counsel admitted in the E.D. Va. on their team early in the process.

It takes a pretty significant advance retainer to get such counsel on board.

[vnjagvet]

"circumstnatial" = "circumstantial"

"tow" = "toe"

No preview for this gyu!!!!!

[verner]

Narsico:

"Interestingly enough, the agency mea culpa
ghosted by Ron Susskind, identifies Valerie's boss as as Rolfe Larson Mowatt, a former ranger, who rose to chief of station, in Moscow in the mid 90s,(how many COS were there in Moscow at the time; Kappes,Sulick et al) and Beijing, at the time of the 9/11 attacks; most recently
the head of DOE security."

What are you talking about?

[Rick Ballard]

Vnjagvet,

I took Other Tom's point - and agree. The rising, skirt over their heads hysteria on the seditionist Times editorial page leads to a growing hope that some of the scum there may find themselves as guests of the government.

Tice made a choice to go public with his subpoena - there may be others who have been summoned but do not regard the invitation as something to brag about.

I've been reading a bit about the 'rocket docket' and the Fourth Circuit. What a fine bunch of folks! It will be a pleasure to watch a competent prosecutorial team in action. If we're truly fortunate, Tice will hire Chemerinsky for his lead counsel and provide absolute proof as to the professors courtroom expertise.

[topsecretk9]

What do you think LCJ menat when he said (in email)

"When the story breaks about DOD IO Ops against Amcits should make life even more interesting."

[clarice]

He probably mmeant that the VIPS are riding with Levin and the media again to recreate another Plame type bit of horsehit..More cominng..

[PeterUK]

Larry the Analyst has been out of the business sine 1993,so whence comes his bright shiny new information? Obviously he might have the goods on Bill Clinton,but Hillary is a lot scarier than Larry.

[PeterUK]

Incidentally isn't Naveed Afzal Haq an AMCIT?

[clarice]

Apparently so--and there's more:
"When asked if the suspect was Muslim, Kerlikowske said at a news conference, "you could infer that that was his background." Laura Laughlin, special agent in charge of the Seattle FBI office, said Haq was a U.S. citizen.

Haq's lawyer, Larry Stephenson, told The Seattle Times that he thought Haq was single and unemployed, and that Haq had a misdemeanor lewd conduct charge pending in Benton County. Haq had been accused of exposing himself in a public place, Stephenson told The Times.

Haq's parents were shaken by his arrest in the shootings, the lawyer said.

"I talked to his father, and his mother is crying, and they don't know what is going on," Stephenson said. "They are very, very shook up."

Yousef Shehadeb, 46, a member of the Islamic Center of the Tri-Cities, recalled Haq as quiet and something of a loner. Shehadeb said he and Haq's father, Mian Haq, both work at the Hanford nuclear reservation, as do many members of the area's Muslim community. "

http://news.yahoo.com/s/ap/20060729/ap_on_re_us/seattle_shooting_26