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Though the NSA says its mass surveillance of Americans targets only “terrorists,” the spying may turn up evidence of other illegal acts that can get passed on to law enforcement which hides the secret source through a ruse called “parallel construction,” writes ex-CIA analyst Ray McGovern. By Ray McGovern Rarely do you get a chance to ask a just-retired FBI director whether he had “any legal qualms” about what, in football, is called “illegal procedure,” but at the Justice Department is called “parallel construction.” Government wordsmiths have given us this pleasant euphemism to describe the use of the National Security Agency’s illegal eavesdropping on Americans as an investigative tool to pass on tips to law enforcement agencies which then hide the source of the original suspicion and “construct” a case using “parallel” evidence to prosecute the likes of you and me.

For those interested in “quaint” things like the protections that used to be afforded us by the Fourth and Fifth Amendments to the Constitution, information about this “parallel construction” has been in the public domain, including the “mainstream media,” for at least a year or so. So, I welcomed the chance to expose this artful practice to still more people with cameras rolling at a large conference on “Ethos & Profession of Intelligence” at Georgetown University on Wednesday, during the Q & A after former FBI Director Robert Mueller spoke. Mueller ducked my question regarding whether he had any “legal qualms” about this “parallel construction” arrangement. He launched into a discursive reply in which he described the various ”authorities” enjoyed by the FBI (and the CIA), which left the clear impression not only that he was without qualms but that he considered the practice of concealing the provenance of illegally acquired tip-off information somehow within those professed “authorities.”

Bottom line? Beware, those of you who think you have “nothing to hide” when the NSA scoops up your personal information. You may think that the targets of these searches are just potential “terrorists.” But the FBI, Internal Revenue Service, Drug Enforcement Administration and countless other law enforcement bodies are dipping their cursors into the huge pool of mass surveillance.

WASHINGTON (Reuters) - A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans. Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges. The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.

The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred. Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential. "Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."

A spokesman with the Department of Justice, which oversees the DEA, declined to comment. But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.

Man, at some point Congress is going to have to declare the FBI legally contemptuous and throw them in jail. They continue to refuse to cooperate with DOJ’s Inspector General, as they have been for basically 5 years. But in Michael Horowitz’ latest complaint to Congress, he adds a new spin: FBI is not only obstructing his investigation of the FBI’s management impaired surveillance, now FBI is obstructing his investigation of DEA’s management impaired surveillance. I first reported on DOJ IG’s investigation into DEA’s dragnet databases last April. At that point, the only dragnet we knew about was Hemisphere, which DEA uses to obtain years of phone records as well as location data and other details, before it them parallel constructs that data out of a defendant’s reach.

But since then, we’ve learned of what the government claims to be another database — that used to identify Shantia Hassanshahi in an Iranian sanctions case. After some delay, the government revealed that this was another dragnet, including just international calls. It claims that this database was suspended in September 2013 (around the time Hemisphere became public) and that it is no longer obtaining bulk records for it. According to the latest installment of Michael Horowitz’ complaints about FBI obstruction, he tried to obtain records on the DEA databases on November 20, 2014 (of note, during the period when the government was still refusing to tell even Judge Rudolph Contreras what the database implicating Hassanshahi was). FBI slow-walked production, but promised to provide everything to Horowitz by February 13, 2015. FBI has decided it has to keep reviewing the emails in question to see if there is grand jury, Title III electronic surveillance, and Fair Credit Reporting Act materials, which are the same categories of stuff FBI has refused in the past. So Horowitz is pointing to the language tied to DOJ’s appropriations for FY 2015 which (basically) defunded FBI obstruction. Only FBI continues to obstruct.

There’s one more question about this. As noted, this investigation is supposed to be about DEA’s databases. We’ve already seen that FBI uses Hemisphere (when I asked FBI for comment in advance of this February 4, 2014 article on FBI obstinance, Hemisphere was the one thing they refused all comment on). And obviously, FBI access another DEA database to go after Hassanshahi. So that may be the only reason why Horowitz needs the FBI’s cooperation to investigate the DEA’s dragnets. Plus, assuming FBI is parallel constructing these dragnets just like DEA is, I can understand why they’d want to withhold grand jury information, which would make that clear. Still, I can’t help but wonder — as I have in the past — whether these dragnets are all connected, a constantly moving shell game. That might explain why FBI is so intent on obstructing Horowitz again.

NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:

He says the NSA started spying on President Obama when he was a candidate for Senate:

Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.

According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.

In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret.

Obama administration officials insist "possible military dimensions" of Iran’s nuclear program must be resolved to the satisfaction of the IAEA to complete a nuclear agreement. But the term refers to discredited intelligence from suspect sources. One of the issues Obama administration officials are insisting must be resolved to the satisfaction of the International Atomic Energy Agency (IAEA) before any nuclear agreement may be concluded involves "possible military dimensions." That term refers to documents long discredited by German intelligence but which the United States and the IAEA have maintained came from a covert Iranian nuclear weapons program. A former senior German official has now revealed that the biggest collection of documents cited as evidence of such a covert Iran program actually came from a member of the Iranian terrorist organization Mujihedin-E-Khalq (MEK) and that German intelligence sought to warn the George W. Bush administration that the source of the documents was not trustworthy.

The use of those documents to make a case for action against Iran closely parallels the Bush administration's use of the testimony of the now-discredited Iraqi exile called "Curveball" to convince the US public to support war against Iraq. The parallel between the two episodes was recognized explicitly by the German intelligence service, the Bundesnachrichtendienst (BND), according to Karsten Voigt, who was the German Foreign Office's coordinator of North American-German relations. Voigt provided details of the story behind the appearance of the mysterious Iran nuclear documents in an interview with this writer last March for a book on the false narrative surrounding Iran's nuclear program that is newly published, Manufactured Crisis. 

In 2004, Powell and his State Department team still regarded the MEK as a disreputable terrorist organization, but the neoconservatives in the administration viewed it as useful as an anti-regime tool. The MEK was known to have served the interests of Israel's Mossad by providing a way to "launder" intelligence claims that Israel wanted to get out to the public but didn't want identified as having come from Israel. In the best-known case, the group's political front organization, the National Council of Resistance in Iran, had revealed the location of the Iranian uranium enrichment facility at Natanz in an August 2002 press conference, but it had been given the coordinates of the construction site by Israeli intelligence, according to both a senior IAEA official and an Iranian opposition group source, cited by Seymour Hersh and New Yorker writer Connie Bruck, respectively. The purported Iranian documents conveyed by the MEK to Western intelligence also displayed multiple indications of having been fabricated by an outside actor. The clearest and most significant anomaly was that the drawings of efforts to redesign the Shahab-3 missile to accommodate a nuclear weapons showed a missile that had already been abandoned by Iran's Defense Ministry by the time the drawings were said to have been made, as was confirmed by former IAEA deputy director general for safeguards, Olli Heinonen, in an interview with this writer. The Iranian abandonment of the earlier missile design became known to foreign analysts, however, only after Iran flight-tested a completely new missile design in August 2004 - after the "laptop documents" had already been conveyed to the BND by its MEK source. Whoever ordered those drawings was unaware of the switch to the new missile design, which would rule out a genuine Iranian Defense Ministry or military program.

Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails. At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect’s location from a “confidential source” rather than disclosing that the information was gleaned using a stingray. A series of five emails (.pdf) written in April, 2009, were obtained today by the American Civil Liberties Union showing police officials discussing the deception. The organization has filed Freedom of Information Act requests with police departments throughout Florida seeking information about their use of stingrays.

The initial email, which bears the subject line “Trap and Trace Confidentiality,” was sent by Sarasota police Sgt. Kenneth Castro to colleagues at the North Port (Florida) Police Department. It was sent after Assistant State Attorney Craig Schaefer contacted police to express concern about an application for a probable cause warrant filed by a North Port police detective. The application “specifically outlined” for the court the investigative means used to locate the suspect. Castro informs his colleague that the application should be revised to conceal the use of the surveillance equipment. “In the past,” Castro writes, “and at the request of the U.S. Marshalls (sic), the investigative means utilized to locate the suspect have not been revealed so that we may continue to utilize this technology without the knowledge of the criminal element. In reports or depositions we simply refer to the assistance as ‘received information from a confidential source regarding the location of the suspect.’ To date this has not been challenged, since it is not an integral part of the actual crime that occurred.”

He then requests that “If this is in fact one of your cases, could you please entertain either having the Detective submit a new PCA and seal the old one, or at minimum instruct the detectives for future cases, regarding the fact that it is unnecessary to provide investigative means to anyone outside of law enforcement, especially in a public document.” Capt. Robert Estrada, at the North Port Police Department, later confirmed in an email, “[W]e have changed the PCA within the agency after consulting with the [State Attorney's Office]. The PCA that was already within the court system according to the SAO will have to remain since it has already been submitted. At some point and time the SAO will submit the changed document as an addendum. We have implemented within our detective bureau to not use this investigative tool on our documents in the future.”

The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.

All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.

By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.

Informant-led sting operations are central to the FBI’s counterterrorism program. Of 508 defendants prosecuted in federal terrorism-related cases in the decade after 9/11, 243 were involved with an FBI informant, while 158 were the targets of sting operations. Of those cases, an informant or FBI undercover operative led 49 defendants in their terrorism plots, similar to the way Osmakac was led in his. In these cases, the FBI says paid informants and undercover agents are foiling attacks before they occur. But the evidence suggests — and a recent Human Rights Watch report on the subject illustrates — that the FBI isn’t always nabbing would-be terrorists so much as setting up mentally ill or economically desperate people to commit crimes they could never have accomplished on their own.

At least in Osmakac’s case, FBI agents seem to agree with that criticism, though they never intended for that admission to become public. In the Osmakac sting, the undercover FBI agent went by the pseudonym “Amir Jones.” He’s the guy behind the camera in Osmakac’s martyrdom video. Amir, posing as a dealer who could provide weapons, wore a hidden recording device throughout the sting. The device picked up conversations, including, apparently, back at the FBI’s Tampa Field Office, a gated compound beneath the flight path of Tampa International Airport, among agents and employees who assumed their words were private and protected. These unintentional recordings offer an exclusive look inside an FBI counterterrorism sting, and suggest that, even in the eyes of the FBI agents involved, these sting targets aren’t always the threatening figures they are made out to be.

OW OSMAKAC CAME to the attention of law enforcement in the first place is still unclear. In a December 2012 Senate floor speech, Dianne Feinstein, chairwoman of the Senate Intelligence Committee, cited Osmakac’s case as one of nine that demonstrated the effectiveness of surveillance under the FISA Amendments Act. Senate legal counsel later walked back those comments, saying they were misconstrued. Osmakac is among terrorism defendants who were subjected to some sort of FISA surveillance, according to court records, but whether he was under individual surveillance or identified through bulk collection is unknown. Discovery material referenced in a defense motion included a surveillance log coversheet with the description, “CT-GLOBAL EXTREMIST INSPIRED.” If he first came onto the FBI’s radar as a result of eavesdropping, then it’s plausible that as part of the sting, the FBI manufactured another explanation for his targeting. This is a long-running, if controversial process known as “parallel construction,” which has also been used by the U.S. Drug Enforcement Administration when drug offenders are identified through bulk collection and then prosecuted for drug crimes. In court records, the FBI maintained that Osmakac came to agents’ attention through Dabus. The informant reached out to the FBI after meeting Osmakac, and soon offered him a job at Java Village.