Ex-NSA Chief Assails Bush Taps

By Noah Shachtman
Wired News

13:30 PM May, 09, 2006

http://www.wired.com/news/technology/1,70855-0.html


NEW YORK -- Former National Security Agency director Bobby Ray Inman lashed 
out at the Bush administration Monday night over its continued use of 
warrantless domestic wiretaps, making him one of the highest-ranking former 
intelligence officials to criticize the program in public, analysts say.

"This activity is not authorized," Inman said, as part of a panel 
discussion on eavesdropping that was sponsored by The New York Public 
Library. The Bush administration "need(s) to get away from the idea that 
they can continue doing it."

Since the NSA eavesdropping program was unveiled in December, Inman -- like 
other senior members of the intelligence community -- has been measured in 
the public statements he's made about the agency he headed under President 
Jimmy Carter. He maintained that his former colleagues "only act in 
accordance with law." When asked whether the president had the legal 
authority to order the surveillance, Inman replied in December, "Someone 
else would have to give you the good answer."

But sitting in a brightly lit basement auditorium at the library next to 
James Risen, the New York Times reporter who broke the surveillance story, 
Inman's tone changed. He called on the president to "walk into the modern 
world" and change the law governing the wiretaps -- or abandon the program 
altogether.

"The program has drawn a lot of criticism, but thus far former military and 
intelligence officials have not spoken up. To have Adm. Inman -- the former 
head of the NSA -- (come) forward with this critique is significant," said 
Patrick Radden Keefe, author of Chatter: Dispatches From the Secret World 
of Global Eavesdropping, who sat on the panel with Inman and Risen. 
"Because of the secrecy surrounding this type of activity, much of the 
criticism has come from outsiders who don't have a firm grasp of the 
mechanics and the utility of electronic intelligence. Inman knows whereof 
he speaks."

In 1978, Inman helped spearhead the effort to pass the Foreign Intelligence 
Surveillance Act, or FISA, which makes it illegal to eavesdrop on American 
citizens without court approval. Inman said he wouldn't have a problem 
sidestepping that law -- as a "limited response to an emergency situation," 
like the terror attacks of Sept. 11, 2001. But nearly five years since 
those strikes, the NSA is continuing to track phone calls and e-mails 
without warrants.

Inman didn't contest the Bush administration's claim that the FISA courts 
can't keep up with the NSA's new breed of surveillance. "My problem is not 
going to Congress to revise the statute to deal with the problems I didn't 
think of in '78," Inman said. "We can do what the country needs and work 
within the law."

Inman put the White House's reluctance to change the surveillance 
regulations squarely on the shoulders of Vice President Dick Cheney. He 
noted that Cheney formerly served as chief of staff to President Gerald 
Ford, who was in power before the FISA restrictions were put in place. 
Cheney never really agreed with the controls, Inman asserted. "The ultimate 
test," the retired admiral added, will be whether President Bush "walks 
away from the vice president on this."

Despite his critical remarks, Inman was supportive of Gen. Michael Hayden, 
who initiated the controversial wiretap program as NSA director. Hayden was 
nominated Monday by Bush to take over the troubled CIA, which has been 
pounded by critics for a string of intelligence failures. Hayden "proved 
over time to be someone who could transform an organization" geared to deal 
with Cold War demands, changing it into one that could handle the new 
challenges of counterterrorism.

Inman also brushed aside criticism that Hayden, as a military man, might be 
subservient to the secretary of defense. "(Donald) Rumsfeld can't abide 
him," he said.

But Inman, who also served as the CIA's deputy director during the Reagan 
administration, said that he was surprised that Hayden would take the new job.

"It's an impossible task," he said. A decade ago, Inman noted, he became 
"persuaded ... that (the CIA) was a broken agency." Testifying before 
Congress, he advocated separating the agency's intelligence analysts from 
its clandestine agents because the analysts "always want to make the 
collectors look good." Those same pressures are, if anything, stronger today.

Risen agreed, saying that the Bush administration "managed under (outgoing 
director Porter) Goss to break the spirit of the place." The agency is now 
"permanently a backbencher" in intelligence circles, Risen added.

Risen was less charitable toward Hayden, however. Early in Hayden's term as 
NSA director, he was "constantly out there, saying, 'We never spy on 
Americans,'" Risen noted. Those proclamations abruptly stopped after 9/11, 
but Hayden left the impression that Americans were still being left out of 
the surveillance net. "He has a credibility issue," said Risen.


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         



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