Leahy, Specter Push DNI And NSA To Investigate Wiretapping Allegations

 

WASHINGTON (Friday, October 10, 2008) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Arlen Specter (R-Pa.) today pressed Director of National Intelligence J. Michael McConnell and National Security Agency Director Lt. Gen. Keith B. Alexander to investigate fully the allegations from an Army reservist and a Navy linguist that they were ordered to intercept and transcribe international communications between U.S. persons in the Middle East, including the personal conversations of American service members. 

 

Media outlets widely reported the allegations of Army reservist Adrienne Kinne and Navy linguist David Murfee Faulk this week.  General Alexander testified before the Senate Judiciary Committee during the 109^th Congress that the National Security Agency “applies procedures to minimize the acquisition, retention and dissemination of information concerning U.S. persons.”  Similarly, in a 2007 hearing, Director McConnell testified that the “minimization procedures apply to the acquisition, retention and dissemination of U.S. person information.”   Leahy referred Kinne’s allegations to the Department of Defense Inspector General more than a year ago.  The Inspector General’s office then referred the matter to the National Security Agency’s Inspector General. 

 

In a letter sent Friday afternoon, Leahy and Specter requested that Director McConnell and General Alexander conduct a full investigation of the allegations, provide a detailed list of the steps that have been taken to address and deter violations of the law that have been found, provide written assurances that ill-gotten information collected is destroyed or removed from government databases, and provide the Senate Judiciary Committee with audits and reports resulting from the disclosures.

 

“As the Senate Committee principally charged with protecting Americans’ constitutional liberties and ensuring the privacy of U.S. persons’ communications, we believe the foregoing requests are sound and reasonable, and we look forward to your timely reply,” wrote Leahy and Specter.

 

The full text of the letter follows.  A PDF is available online.

 

October 10, 2008

 

The Honorable J. Michael McConnell

Director of National Intelligence

Office of the Director of National Intelligence

Washington, D.C.  20511

 

Lt. Gen. Keith B. Alexander

Director

National Security Agency

Fort George G. Meade, MD  20755

 

Dear Director McConnell and General Alexander:

 

As the Chairman and Ranking Member of the Senate Committee on the Judiciary we are very concerned about claims from an Army reservist, Adrienne Kinne, and a Navy linguist, David Murfee Faulk, who allege they were ordered to intercept and transcribe international communications between U.S. persons in the Middle East, including U.S. Servicemembers, and their spouses and significant others here in the United States.  Such interceptions, and orders to continue transcribing them when minimization should have resulted, appear to violate Executive Order 12333 and NSA guidelines in effect prior to adoption of the FISA Amendments Act of 2008, Pub. L. No. 110-261.

 

During the 109^th Congress, Senator Specter chaired a hearing at which General Alexander testified that “at all times, NSA applies procedures approved by the U.S. Attorney General to all aspects of its activities, seeking through these procedures to minimize the acquisition, retention and dissemination of information concerning U.S. persons.”  At the same hearing, in response to questions from Senators Leahy and Cornyn, government witnesses denied that the personal communications of U.S. soldiers in Iraq were being targeted for collection.  Similarly, during the 110^th Congress, Senator Leahy chaired a hearing at which Director McConnell reassured Judiciary Committee members that “the minimization procedures that Intelligence Community agencies follow are Attorney General approved guidelines issued pursuant to Executive Order 12333.  These minimization procedures apply to the acquisition, retention and dissemination of U.S. person information.” 

 

The FISA Amendments Act of 2008 included new protections for U.S. persons abroad—including a requirement for FISA court approval of surveillance, based on a showing of probable cause—but such provisions are for naught if they are not followed.  Over a year ago, Senator Leahy referred Ms. Kinne’s allegations to the Department of Defense Inspector General, who then referred the matter to the National Security Agency’s Inspector General.  In light of Mr. Faulk’s reinforcement of Ms. Kinne’s charges, we specifically request the following from each of you: (1) a vigorous investigation of Ms. Kinne’s and Mr. Faulk’s allegations; (2) a delineation of what steps, if any, you have taken to detect, deter and punish any violations of law or regulation that are found to have occurred; (3) written assurances that any ill-gotten collection is being destroyed and purged from government databases; and (4) an agreement to provide the Senate Judiciary Committee with any audits or reports resulting from these revelations, with appropriate safeguards for classified content. 

 

As the Senate Committee principally charged with protecting Americans’ constitutional liberties and ensuring the privacy of U.S. persons’ communications, we believe the foregoing requests are sound and reasonable, and we look forward to your timely reply.

 

Sincerely, 

 

Patrick Leahy                                                 Arlen Specter

Chairman                                                        Ranking Member

 

 

cc:        The Hon. Michael Mukasey, Attorney General

            The Hon. Michael V. Hayden, Director, CIA