NSA's Lawful Operations & Mr. Snowden

If you are skeptical about NSA operations and activities reported over the recent weeks, that's certainly understandable, particularly since most Americans do not work within the intelligence community or understand the rigorous training, oversight (from the courts and Congress), and professionalism the men and women of the intelligence community bring to their work every day.

I'll ask that you keep in mind a few things as you read news reporting from journalists that may have only incomplete or partial facts drawn from briefings or other documents outside of their proper context, and/or an incomplete understanding of the law, rules, and oversight in place.  Every civilian employee and military member in the U.S. Intelligence Community (I.C.), including those at NSA, are U.S. Citizens, just like you are.  They are highly trained professionals that take an oath to defend our nation and uphold the Constitution; not to any executive branch organization or institution.  In fact, many have spent their entire professional lives quietly and unobtrusively working without fanfare or acknowledgement outside of the close knit intelligence community to defend our nation, provide our policymakers with the information needed to make informed decisions, and protect our troops in battle when needs be.  To be allowed to serve, they have allowed themselves to be subjected to repeated background investigations, financial reviews, and polygraph examinations every few years to prove that they are responsible men and women of good character, worthy of being trusted with their nation's most highly valued secrets.  These investigations, when done properly and thoroughly (as most are), are an invasive process that many of their fellow citizens might find unacceptable or intolerable with regards to their personal privacy.  These men and women are given their nation's (actually every American citizen's) trust, and are no more interested in violating the privacy or other constitutional rights of U.S. citizens than you are.  Remember, these men and women are citizens of this nation, just like YOU are.

Undoubtedly, more news reports about the size, scope, and capabilities of NSA's activities will be appearing in print and electronic news sources, given Mr. Snowden's admitted removal and provision of classified material to an activist/journalist like Mr. Greenwald, and Mr. Greenwald's recent statements that 'new revelations' are coming.  As you read these future stories, bear in mind that NSA's activities are governed by Executive Order 12333, and constrained by the Foreign Intelligence Surveillance Act, and the Foreign Intelligence Surveillance Court, as well as regular oversight by Congress.  Moreover, publishing of more 'sources and methods' information by Mr. Greenwald and his contemporaries will serve primarily to give away any advantage we may have over our adversaries and result in exceptionally grave damage to U.S. national security.
 
We citizens are reliant upon our members of Congress to provide proper and regular oversight of the I.C. elements.  To date, Congress has held three hearings (House Intel  Senate Judiciary  House Judiciary ) addressing the legitimate concerns voiced by the public and some members of Congress about the programs and activities Mr. Snowden and his enabler Mr. Greenwald have shared.  The law often fails to keep up with the rapid pace technology changes, and some members of Congress are not likely giving the activities of the intelligence community regular scrutiny due to time constraints, current committee assignments, or just simply because their activities aren't the 'hot button' issue of the day.  I do believe that the majority of members on the House and Senate Intelligence Committees have it right.  The programs exposed thus far are legal, in that they are operating under the FISA law as enacted, and they are Constitutional, given the strict oversight and compliance requirements outlined by the Foreign Intelligence Surveillance Court, and the process and procedures NSA put in place to adhere to those requirements, as outlined in the public testimony and statements (Mr. Litt from ODNI).  Having said that, given that Congress is paying more attention now, certain senior members like Senators Chambliss and Feinstein, and Congressmen Rogers and Ruppersberger have offered not only endorsement but in some cases reasonable improvements to the programs and oversight regime (note that they do not advocate stopping it, nor does the administration).  Should Congress change the law or oversight requirements, I am certain that the Attorney General, FBI, and the NSA will abide by those changes.

Encourage your member of Congress and Senators to pay closer attention if you have concerns, and choose to take their word or not when they tell you an agency is doing what is supposed to under the law and Constitution.  Fortunately, it's YOUR choice, because we live in America; not Russia or China; but get all the facts, not just the ones a particular journalist may offer as you evaluate what you've been told.

As to whether Mr. Snowden is a 'whistle blower' / leaker, or a traitor, I'll say this.  In my view, a whistle blower sees illegality or unconstitutional acts and reports them to competent legal (the FBI or Attorney General) or agency authorities (a supervisor, a senior manager, an inspector general, an internal counsel) first, then to Congress and the media if the existing process fails.  Along the way that person may suffer the loss of a job, the travails of our legal process including: possible pre-trial confinement, and a trial for his or her belief in the truth or 'rightness' of their actions, consistent with our Constitution and laws.  In the end, they will either be vindicated, not only in court, but in the court of public opinion, or convicted under the law.  Moreover, if this whistle blower is working in a classified information environment, that person uses the processes established to 'blow the whistle' in a way that does not expose the sources and methods of intelligence operations to our nation's adversaries, endangering the lives of our men and women in uniform, our diplomats overseas, and our citizens (and those of our allies and friends) at home and abroad.  

A traitor takes whatever classified information he can, boards a plane to a foreign country beyond the reach of U.S. law enforcement, and barters that information for notoriety, monetary gain, or presumed safety in the hands of one or more foreign governments.  Mr. Snowden is not a whistle blower.  People like Bunnatine 'Bunny' Greenhouse are whistle blowers.