US "National Security": More on the Sprawling "Top Secret America" (Priest/Arkin)

The Washington Post has published the second part of the high-profile series by Dana Priest and William Arkin, based on two years of investigation, of the sprawling US "national security state", which now takes in hundreds of thousands of private personnel as well as Government employees:

In June, a stone carver from Manassas chiseled another perfect star into a marble wall at CIA headquarters, one of 22 for agency workers killed in the global war initiated by the 2001 terrorist attacks.

The intent of the memorial is to publicly honor the courage of those who died in the line of duty, but it also conceals a deeper story about government in the post-9/11 era: Eight of the 22 were not CIA officers at all. They were private contractors.

US “National Security”: Revealing the Sprawl of “Top-Secret America”…in 2007 (Shorrock)
UPDATED The Perils of US Intelligence: A “Top-Secret World” Beyond Control (Priest/Arkin)

To ensure that the country's most sensitive duties are carried out only by people loyal above all to the nation's interest, federal rules say contractors may not perform what are called "inherently government functions." But they do, all the time and in every intelligence and counterterrorism agency, according to a two-year investigation by The Washington Post.

What started as a temporary fix in response to the terrorist attacks has turned into a dependency that calls into question whether the federal workforce includes too many people obligated to shareholders rather than the public interest -- and whether the government is still in control of its most sensitive activities. In interviews last week, both Defense Secretary Robert M. Gates and CIA Director Leon Panetta said they agreed with such concerns.

The Post investigation uncovered what amounts to an alternative geography of the United States, a Top Secret America created since 9/11 that is hidden from public view, lacking in thorough oversight and so unwieldy that its effectiveness is impossible to determine.

It is also a system in which contractors are playing an ever more important role. The Post estimates that out of 854,000 people with top-secret clearances, 265,000 are contractors. There is no better example of the government's dependency on them than at the CIA, the one place in government that exists to do things overseas that no other U.S. agency is allowed to do.

Private contractors working for the CIA have recruited spies in Iraq, paid bribes for information in Afghanistan and protected CIA directors visiting world capitals. Contractors have helped snatch a suspected extremist off the streets of Italy, interrogated detainees once held at secret prisons abroad and watched over defectors holed up in the Washington suburbs. At Langley headquarters, they analyze terrorist networks. At the agency's training facility in Virginia, they are helping mold a new generation of American spies.

Through the federal budget process, the George W. Bush administration and Congress made it much easier for the CIA and other agencies involved in counterterrorism to hire more contractors than civil servants. They did this to limit the size of the permanent workforce, to hire employees more quickly than the sluggish federal process allows and because they thought - wrongly, it turned out - that contractors would be less expensive.

Nine years later, well into the Obama administration, the idea that contractors cost less has been repudiated, and the administration has made some progress toward its goal of reducing the number of hired hands by 7 percent over two years. Still, close to 30 percent of the workforce in the intelligence agencies is contractors.

Read rest of article....

Comments

[Ross Wolf]

Following 9/11 Bush II set into motion counter-surveillance networks, that allowed NSA illegal wiretaps and surveillance of Americans private emails—allegedly to prevent terrorists attacking America. Subsequently U.S. Government counter-surveillance networks have become huge, supported by thousands of government employees and private contractors, many duplicating work. There are now tens of thousands of U.S. Government counter-surveillance agents, employees and private contractors monitoring U.S. Citizens private records and communications with no Congress or U.S. Citizens’ oversight. It is probable spies have already infiltrated private contractor industries stealing or buying vast amounts of intelligence information.

What this report does not mention, in the U.S., government-private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to have merged with police. Similarly in 1933 after the German Parliament building was set afire, Hitler used the fire as vehicle to use taxpayer money to expand his private police, the Gestapo and increasing merged it with German national security. Even before the Gestapo was consolidated with the German Government, the Gestapo arrested Citizens and confiscated private property with no legal authority." However U.S. Government has already granted that power to private contractors. In 1939 all German Police agencies including the Gestapo were put under the control of the "Reich Main Security Office” the equivalent of U.S. Homeland Security.

Can History repeat itself? It is foreseeable that should there be a radical change in U.S. Government, many of the current government private contractors would continue working for e.g. a fascist U.S. Government; communist or other despot government against the interests of Americans. Consider the German police first work for a democracy; then under Hitler worked for the Nazi Fascists; then worked for the Soviet Union running the East German Police (Stasi) believed to be the world most oppressive police force until the German Wall came down.

Now consider the power Congress, perhaps negligently has given police and Black Box counter-surveillance entities; including private contractors to spy on U.S. Citizens. Under Bush II NSA illegally wiretapped your phone, fax and private email communications: Now NSA will monitor your Internet. In 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. Since, Government has not disclosed what happened to NSA’s millions of collected emails, faxes and phone call information that belong to U.S. Citizens? Could those wiretaps perhaps illegal, become a problem for some Americans? Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by the government to prosecute Citizens.

In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that prior, blocked prosecutors from using illegal-wire tap evidence in Justice Dept. “Intelligence Files” to prosecute ordinary crimes. It would appear this information, may also be used by government to prosecute civil asset forfeitures.
See: http://www.securityfocus.com/news/5452" rel="nofollow">http://www.securityfocus.com/news/5452

Considering that court case, it appears NSA can share its electronic-domestic-spying with government contractors and private individuals that have security clearances to facilitate the arrest and forfeiture of Americans’ property—-to keep part of the bounty. Police too easily can take an innocent person’s hastily written email, fax, phone call or web post out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture.

There are over 200 U.S. laws and violations mentioned in the Civil Asset Forfeiture Reform Act of 2000 and the Patriot Act that can subject property to civil asset forfeiture. Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Again, in the U.S., private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to merge with police.

Rep. Henry Hyde’s bill HR 1658 passed, the “Civil Asset Forfeiture Reform Act of 2000” and effectively eliminated the “statue of limitations” for Government Civil Asset Forfeiture. The statute now runs five years from when police allege they “learned” that an asset became subject to forfeiture. With such a weak statute of limitations and the low standard of civil proof needed for government to forfeit property “A preponderance of Evidence”, it is problematic law enforcement and private government contractors will want access to NSA and other government wiretaps perhaps illegal and Citizens’ private information U.S. Government agencies glean monitoring the Internet, to arrest Americans and to seize their homes, inheritances and businesses under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police and government contractors become dependent on “Asset Forfeiture” to pay their salaries and operating costs?

Under the USA Patriot Act, witnesses including government contractors can be kept hidden while being paid part of the assets they cause to be forfeited. The Patriot Act specifically mentions using Title 18USC asset forfeiture laws: those laws include a provision in Rep. Henry Hyde’s 2000 bill HR 1658—for “retroactive civil asset forfeiture” of “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided “the property” was already part of or “later connected” to a criminal investigation in progress" when HR.1658 passed. That can apply to more than two hundred federal laws and violations Government can forfeit property—requiring only “A Preponderance of Civil Evidence” little more than hearsay.

[Dave]

Secrecy in democratic countries is an anathema and it applies to the secrecy of many things -- intelligence ops (espionage)., war plans, nuclear strategy, and so on. How can we justify it? Well, take the Manhattan Project, for instance: The US was engaged in a global military conflict led by strong regional powers (Germany + Japan) that sought to eradicate any and all resistance to their imperial ambitions. Access to info on nukes is highly restricted.

[Baz]

Dave

I believe our biggest difficulty in Democracies - is not determining what is absolutely "right" or absolutely "wrong", but lies in determining where to draw the line between "absolutes".

There is no doubt in my mind that there is a need for "secrets" in any society - be it military secrets or commercial secrets - but where do we draw the line between what is open and what is closed. ??? I don't know the answer to that. And the answer to that question is what constitutes most of the argument between left and right in the US ( and elsewhere)

Barry