Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

Surveillance

Newly-Released Inspector General Report Vindicates Drake and Other NSA Whistleblowers

The Department of Defense Inspector General just released a heavily redacted version of the Intelligence Audit "Requirements for the TRAILBLAZER and THINTHREAD SYSTEMS."

NSA whistleblower Tom Drake served as a critical material witness during the investigation for this report.  Drake's reward was an indictment under the Espionage Act. This Report is what government's case against NSA whistleblower Tom Drake was really about.  

Drake would have been on trial this week had the Justice Department's case not crumbled two weeks ago in the face of negative judicial rulings and almost universally critical media coverage (chiefly in The New Yorker and on 60 Minutes).

The newly-released IG report completely vindicates Drake, and the Hotline complainants (former NSA officials J. Kirk Wiebe, Bill Binney and Ed Loomis, and former House Intelligence Committee staffer Diane Roark) who raised concerns that the National Security Agency (NSA) was trading the security of the American people for a undeveloped funding vehicle (Trailblazer) that needlessly invaded the privacy of Americans; all the while NSA rejected a viable, cheaper program (ThinThread) that contained privacy protections and was ready to deploy prior to 9/11.  My organization, Government Accountability Project (GAP), represents Drake, Binney and Wiebe.

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NSA Whistleblowers on 60 Minutes: 9/11 Could Have Been Prevented

NSA whistleblower Thomas Drake and two other former NSA employees (Bill Binney and Kirk Wiebe) gave stunning interviews on 60 Minutes last night.

In a hard-hitting, on-point report, they told Scott Pelley that NSA had technology---a program called ThinThread--that was ready to deploy in January 2001 and could have picked up critical intelligence prior to 9/11.  NSA management rejected ThinThread, and embarked on a billion-dollar boondoggle, Trailblazer, a proposal designed figure how to do what ThinThread could do (collect and analyze massive amounts of data) on a massive and far more invasive scale.  NSA also tossed ThinThread's privacy protections, leaving Americans vulnerable to illegal surveillance.

Drake called the failure to gather critical intelligence prior to 9/11

one of the great tragedies in the history of NSA
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Increasing Intelligence Spending While Punishing Whistleblowers Who Report Waste

The NSA makes up one third of the total U.S. intelligence budget

Jane Mayer's recent New Yorker piece on the criminal prosecution of National Security Agency (NSA) whistleblower Thomas Drake reveals a sliver of the intelligence industrial complex costing Americans' their money and their freedom.

Drake blew the whistle on the NSA wasting billions and sacrificing Americans' privacy on what The New Yorker describes as a "$1.2 billion flop." The program, Trailblazer, though intended to collect and analyze massive amounts of data, was a funding vehicle with "nothing to show for [itself] other than mounting bills."  NSA management rebuffed and retaliated against Drake and other public servants who pointed to a cheaper, ready-to-deploy program that contained privacy protections for Americans.

Trailblazer's failure is a prime example of the endemic revolving-door intelligence spending policy that wastes taxpayer dollars by the billions. Mayer's article describes the problem:

As the [Trailblazer] system stalled at the level of schematic drawings, top executives kept shuttling between jobs at the agency and jobs with the high-paying contractors.  For a time, both [former NSA Director] Hayden's deputy director and his chief of signals-intelligence programs worked at SAIC, a company that won several hundred million dollars in Trailblazer contracts.
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Democracy Now!: What the Prosecution of NSA Whistleblower Thomas Drake is Really About

I was just on Democracy Now! discussing the prosecution of whistleblower Thomas Drake, who used to be a senior executive at the National Security Agency (NSA).  I'm glad people are finally paying attention to this case, thanks to Jane Mayer's explosive cover story in the New Yorker, which Glenn Greenwald referred to as the "must-read article of the month."

The government would have you believe that this is a case involving the disclosure of classified information to a journalist.  It is not.  It's a "retention" case about 5 innocuous pieces of information that Drake allegedly took home, if at all, by mistake.  His real crime? Committing the truth by revealing gross waste, mismanagement and illegality at NSA.Let's get down to brass tacks.  Drake never leaked classified information to a reporter, or anyone, and is not CHARGED with "leaking" classified information.  So, what is he charged with?:

Count 1 - a "Regular Meetings" document that appeared on NSA's intranet marked as UNCLASSIFIED;

Count 2 - a self-congratulatory "What a Success" document that appeared on NSA's intranet, which was declassified in July 2010 (but the prosecution didn't tell Drake this for 8 months);

Counts 3-5 - information that in whole or in part formed the basis of some of Drake's protected communication to the Department of Defense Inspector General as part of their investigation into NSA's gross waste, mismanagement and illegality related to a secret surveillance program;

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Widespread NSA Wrongdoing Detailed in New Yorker Article Featuring GAP Client Thomas Drake

This week, GAP client Thomas Drake is prominently featured in the May 23 issue of The New Yorker magazine, in an explosive article on widespread corruption and wrongdoing within the National Security Agency (NSA). The piece, “The Secret Sharer,” highlights Drake’s legal and proper attempts to expose massive NSA waste, mismanagement, and illegality regarding the agency’s use of a data collection program that was more costly, more threatening to American citizens’ privacy rights, and less effective than a legal alternative.

The New Yorker
article can be read here.

The article describes several areas of widespread gross waste, fraud, abuse, and illegality at the NSA, including: the implementation of a warrantless, domestic surveillance and datamining system; the agency’s attempt to hide information about the surveillance from Congress and the Supreme Court; the squandering of billions of taxpayer dollars on an undeveloped data collection program that violated American privacy rights; the NSA’s failure to give other intelligence agencies critical information it had obtained prior to 9/11; and the overreaching prosecution of Drake.

GAP Homeland Security and Human Rights Director Jesselyn Radack commented, “It is abhorrent that the Obama administration, which routinely pledges openness and transparency, is prosecuting brave federal employees who stand up against wrongdoing inside government agencies. Tom Drake went through all of the appropriate channels for bringing information to Congress and the Defense Department Inspector General. Drake did not leak classified information to the media and, tellingly, is not charged with disclosing classified information to the media."

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