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Is the Pentagon
spying on Americans?
Secret database obtained by NBC News tracks ‘suspicious’
domestic groups
Lisa Myers, Douglas Pasternak, Rich Gardella and the NBC
Investigative Unit
December 13, 2005
WASHINGTON - A year ago, at a Quaker Meeting House in Lake
Worth,
Fla., a small group of activists met to plan a protest of military
recruiting at local high schools. What they didn't know was that their
meeting had come to the attention of the U.S. military.
A secret 400-page Defense Department document obtained by
NBC News
lists the Lake Worth meeting as a "threat" and one of more than 1,500
"suspicious incidents" across the country over a recent 10-month period.
"This peaceful, educationally oriented group being a threat
is
incredible," says Evy Grachow, a member of the Florida group called The
Truth Project.
"This is incredible," adds group member Rich Hersh. "It's an
example of paranoia by our government," he says. "We're not doing
anything illegal."
The Defense Department document is the first inside look at
how
the U.S. military has stepped up intelligence collection inside this
country since 9/11, which now includes the monitoring of peaceful
anti-war and counter-military recruitment groups.
"I think Americans should be concerned that the military, in
fact,
has reached too far," says NBC News military analyst Bill Arkin.
The Department of Defense declined repeated requests by NBC
News
for an interview. A spokesman said that all domestic intelligence
information is "properly collected" and involves "protection of Defense
Department installations, interests and personnel." The military has
always had a legitimate "force protection" mission inside the U.S. to
protect its personnel and facilities from potential violence. But the
Pentagon now collects domestic intelligence that goes beyond legitimate
concerns about terrorism or protecting U.S. military installations, say
critics.
Four dozen anti-war meetings
The DOD database obtained by NBC News includes nearly four
dozen
anti-war meetings or protests, including some that have taken place far
from any military installation, post or recruitment center. One
"incident" included in the database is a large anti-war protest at
Hollywood and Vine in Los Angeles last March that included effigies of
President Bush and anti-war protest banners. Another incident mentions
a planned protest against military recruiters last December in Boston
and a planned protest last April at McDonald’s National Salute to
America’s Heroes — a military air and sea show in Fort Lauderdale, Fla.
The Fort Lauderdale protest was deemed not to be a credible
threat
and a column in the database concludes: "US group exercising
constitutional rights." Two-hundred and forty-three other incidents in
the database were discounted because they had no connection to the
Department of Defense — yet they all remained in the database.
The DOD has strict guidelines (.PDF link), adopted in
December
1982, that limit the extent to which they can collect and retain
information on U.S. citizens.
Still, the DOD database includes at least 20 references to
U.S.
citizens or U.S. persons. Other documents obtained by NBC News show
that the Defense Department is clearly increasing its domestic
monitoring activities. One DOD briefing document stamped "secret"
concludes: "[W]e have noted increased communication and encouragement
between protest groups using the [I]nternet," but no "significant
connection" between incidents, such as "reoccurring instigators at
protests" or "vehicle descriptions."
The increased monitoring disturbs some military observers.
"It means that they’re actually collecting information about
who’s
at those protests, the descriptions of vehicles at those protests,"
says Arkin. "On the domestic level, this is unprecedented," he says. "I
think it's the beginning of enormous problems and enormous mischief for
the military."
Some former senior DOD intelligence officials share his
concern.
George Lotz, a 30-year career DOD official and former U.S. Air Force
colonel, held the post of Assistant to the Secretary of Defense for
Intelligence Oversight from 1998 until his retirement last May. Lotz,
who recently began a consulting business to help train and educate
intelligence agencies and improve oversight of their collection
process, believes some of the information the DOD has been collecting
is not justified.
Make sure they are not just going crazy
"Somebody needs to be monitoring to make sure they are just
not
going crazy and reporting things on U.S. citizens without any kind of
reasoning or rationale," says Lotz. "I demonstrated with Martin Luther
King in 1963 in Washington," he says, "and I certainly didn’t want
anybody putting my name on any kind of list. I wasn’t any threat to the
government," he adds.
The military’s penchant for collecting domestic intelligence
is
disturbing — but familiar — to Christopher Pyle, a former Army
intelligence officer.
"Some people never learn," he says. During the Vietnam War,
Pyle
blew the whistle on the Defense Department for monitoring and
infiltrating anti-war and civil rights protests when he published an
article in the Washington Monthly in January 1970.
The public was outraged and a lengthy congressional
investigation
followed that revealed that the military had conducted investigations
on at least 100,000 American citizens. Pyle got more than 100 military
agents to testify that they had been ordered to spy on U.S. citizens —
many of them anti-war protestors and civil rights advocates. In the
wake of the investigations, Pyle helped Congress write a law placing
new limits on military spying inside the U.S.
But Pyle, now a professor at Mt. Holyoke College in
Massachusetts,
says some of the information in the database suggests the military may
be dangerously close to repeating its past mistakes.
"The documents tell me that military intelligence is back
conducting investigations and maintaining records on civilian political
activity. The military made promises that it would not do this again,"
he says.
Too much data?
Some Pentagon observers worry that in the effort to thwart
the
next 9/11, the U.S. military is now collecting too much data, both
undermining its own analysis efforts by forcing analysts to wade
through a mountain of rubble in order to obtain potentially key nuggets
of intelligence and entangling U.S. citizens in the U.S. military’s
expanding and quiet collection of domestic threat data.
Two years ago, the Defense Department directed a little
known
agency, Counterintelligence Field Activity, or CIFA, to establish and
"maintain a domestic law enforcement database that includes information
related to potential terrorist threats directed against the Department
of Defense." Then-Deputy Secretary of Defense Paul Wolfowitz also
established a new reporting mechanism known as a TALON or Threat and
Local Observation Notice report. TALONs now provide "non-validated
domestic threat information" from military units throughout the United
States that are collected and retained in a CIFA database. The reports
include details on potential surveillance of military bases, stolen
vehicles, bomb threats and planned anti-war protests. In the program’s
first year, the agency received more than 5,000 TALON reports. The
database obtained by NBC News is generated by Counterintelligence Field
Activity.
CIFA is becoming the superpower of data mining within the
U.S.
national security community. Its "operational and analytical records"
include "reports of investigation, collection reports, statements of
individuals, affidavits, correspondence, and other documentation
pertaining to investigative or analytical efforts" by the DOD and other
U.S. government agencies to identify terrorist and other threats. Since
March 2004, CIFA has awarded at least $33 million in contracts to
corporate giants Lockheed Martin, Unisys Corporation, Computer Sciences
Corporation and Northrop Grumman to develop databases that comb through
classified and unclassified government data, commercial information and
Internet chatter to help sniff out terrorists, saboteurs and spies.
One of the CIFA-funded database projects being developed by
Northrop Grumman and dubbed "Person Search," is designed "to provide
comprehensive information about people of interest." It will include
the ability to search government as well as commercial databases.
Another project, "The Insider Threat Initiative," intends to "develop
systems able to detect, mitigate and investigate insider threats," as
well as the ability to "identify and document normal and abnormal
activities and 'behaviors,’" according to the Computer Sciences Corp.
contract. A separate CIFA contract with a small Virginia-based defense
contractor seeks to develop methods "to track and monitor activities of
suspect individuals."
"The military has the right to protect its installations,
and to
protect its recruiting services," says Pyle. "It does not have the
right to maintain extensive files on lawful protests of their
recruiting activities, or of their base activities," he argues.
Lotz agrees.
"The harm in my view is that these people ought to be
allowed to
demonstrate, to hold a banner, to peacefully assemble whether they
agree or disagree with the government’s policies," the former DOD
intelligence official says.
'Slippery slope'
Bert Tussing, director of Homeland Defense and Security
Issues at
the U.S. Army War College and a former Marine, says "there is very
little that could justify the collection of domestic intelligence by
the Unites States military. If we start going down this slippery slope
it would be too easy to go back to a place we never want to see again,"
he says.
Some of the targets of the U.S. military’s recent collection
efforts say they have already gone too far.
"It's absolute paranoia — at the highest levels of our
government," says Hersh of The Truth Project.
"I mean, we're based here at the Quaker Meeting House," says
Truth
Project member Marie Zwicker, "and several of us are Quakers."
The Defense Department refused to comment on how it obtained
information on the Lake Worth meeting or why it considers a dozen or so
anti-war activists a "threat."
Jennifer Loewenstein
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