Share

Cold War Spy Case Offers Lessons for Today

by: Marcia Mitchell, t r u t h o u t | Perspective

photo
Former NSA Director and current CIA Director Michael Hayden. (Photo: Reuters)

    New allegations of illegal eavesdropping have put the NSA once again on the political hot seat. This time, for listening in on phone calls made by American military and humanitarian workers.

    Hardly a surprise, given the agency's history of disregard for the laws that govern who listens to whom and for what purpose.

    No surprise either that former NSA head Michael Hayden, now director of the CIA, insists that charges of agency lawbreaking are "ridiculous."

    This is not the first time Hayden, directly or through a spokesperson, has denied lawbreaking on the part of the NSA. He did so at the time the agency was illegally wiretapping targeted members of the UN Security Council in the run-up to the Iraq war, an operation undertaken in a covert attempt to win approval of a resolution sanctioning a preemptive invasion. The ill-fated operation, headlined "Dirty Tricks at the UN" by international media, changed the course of history and proved disastrous for the US image abroad.

    In the recently released book, "The Spy Who Tried to Stop a War: Katharine Gun and the Secret Plot to Sanction the Iraq Invasion," Hayden is reported as assuring the nation and the Congress that the NSA operates only within the law, that "everything the NSA does is lawful."

    Security Council members, outraged by the plot leaked by former British secret service officer Gun, would argue the point. Furious about the NSA operation, they tightened opposition to the US and its push for Security Council approval for war. In response, President George W. Bush and UK Prime Minister Tony Blair withdrew their draft resolution, blaming the possibility of a veto by permanent-member France. They neglected to mention the egregious violation of international accords that enraged Council members.

    Congress expressed its own outrage toward France. The House of Representatives' dining room replaced French fries with Freedom fries in a rash of silliness intended to express national indignation.

    Hopefully, Washington will take a more appropriate view of these most recent allegations of NSA wrongdoing. And perhaps the US public, so profoundly affected, will take the issues involved seriously. Why? Because they directly impact the rights of privacy and civil liberties of American citizens.

    This abuse hits closer to home than the unseemly UN debacle, the truth of which has eluded most people living on this side of the Atlantic. With the publication of her story and Gun's recent visit to the United States, the NSA's bizarre violation of international accords and its fallout may help public perception of what's what in the eavesdropping business.

    It is heartening that these new and damning allegations have attracted the attention of the Senate Select Intelligence Committee, whose chairman, Jay Rockefeller (D-West Virginia), wants answers from the Bush administration. Not so heartening is the realization that those answers may be predictable denials. Evidence that this might be the case is the NSA's claim that it is already investigating some of the charges. Again, not surprisingly, the fox guarding the civil liberties henhouse has concluded the charges are without merit.

    It would be helpful if Senator Rockefeller and the committee revisited Hayden's January 2006 remarks to the National Press Club: "Every operational decision the agency makes is made with the full involvement of its legal office." In that same speech, the former Air Force general told his audience that NSA lawyers were careful about the law "out of a heartfelt, principled view that NSA operations had to be consistent with bedrock legal protections."

    In the contexts of the Patriot Act and the Foreign Intelligence Security Act, this country has witnessed extensive posturing, explaining, amending and refining debate about the legalities of a government spying on its own citizens and on those of other countries. In spite of all the discussion, lawmaking and codifying, these latest allegations lead one to wonder if someone isn't getting the message, and if this country's intelligence agencies - at least their policymakers - are failing to learn from past blunders.

    Today's underlying problem extends farther back than the run-up to the Iraq war, even further back than Korea and Vietnam. It stops at a Cold War case that mesmerized the country for more than a year. The outcome of that case teaches a lesson for today, if anyone is interested in learning what happens when eavesdropping takes place outside the law.

    Soviet spy Judith Coplon, convicted of stealing secret documents with the intent of giving them to her KGB controller, avoided prison after two of the country's most convoluted and controversial court cases because the FBI illegally wiretapped her conversations with her attorney. Coplon's going free raised such a brouhaha over illegal government spying that it was generally assumed this sort of behavior was at an end.

    Fifty-eight years later, it seems as if it is not.

Creative Commons License
This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

  

»


Marcia Mitchell is co-author with Thomas Mitchell of "The Spy Who Tried to Stop a War: Katharine Gun and the Secret Plot to Sanction the Iraq War" and "The Spy Who Seduced America: Lies and Betrayal in the Heat of the Cold War."

Comments

This forum is moderated by software. Please allow up to 15 minutes for your comments to go live and avoid posting the same comment multiple times.

This is truly theatre of the

This is truly theatre of the absurd. The NSA argument is that anything not e x p l i c i t l y & s p e c i f i c a l l y prohibited falls within the law. I have no doubt whatsoever there's nothing in any law anywhere in the U.S. statutes that says you are explicitly and specifically breaking the law if you spy on diplomats at the U.N. debating whether the U.S. can invade Iraq. THAT'S what McConnell's assurance amounts to -- no more than that.

General Michael Hayden is

General Michael Hayden is lying. I don't just say this speculatively, but know this because my phones have been tapped and monitored since July of 2001. The CIA, in August of 2001, hired a defense contractor I knew to run cointer-intelligence against me. This wasn't done because I am a threat to the American people, but was done because I threatened to expose one of the huge money laundering apparatuses used to move funds from the CIA long-standing, highly unethical and completely illegal narco/weapons trafficking operations. It was illegal to run covert ops against Americans until 2004, but the ops were confirmed by the US Attorney's Office in Minneapolis (Bill Koch) on March 20, 2003. The "intelligence" gathering capabilities of this country, and the counter-intelligence capabilities of this country, have been so undermined by the actions of individuals like GHWB, who became so closely aligned with organized crime, the Saudi's, and certain ISI agents in Pakistan that they don't know what they're doing - if the CIA/NSA ever knew. The CIA is not an intelligence gathering entity, and neither is the NSA. They are covert op's agencies with no leadership, no morality, no substance, no clear mission....and so they run amok looking for demons and creating demons to justify their own existence. They're half part schizophrenic, half part sociopathic, neither of whom have any regard for laws of God or man.

Mary Hartman hit it right on

Mary Hartman hit it right on the head. The NSA is not only interesting in your conversations, but in your finances as well. I wonder under which legal framework they operate. I side with Mary more.

I do wonder what kind of

I do wonder what kind of signals intelligence went into the takedown of Elliot Spitzet in a prostitution sting... "Champagne was popping out all over Wall Street." Then, we have Qwest being targeted by Justice for refusing to go along with the NSA wiretap plan proposed six months before 9/11 - Joe Nacchio was then targeted for illegal insider trading. He was convicted, but was granted a new trial - the case should probably be tossed. AT&T and Verizon went along with the NSA, and installed fiber-optic cable splitters on their main data trunks, meaning that all their data was then sequestered in the gigantic NSA computer systems, where it could be mined using the tools developed by the DARPA/NSA sponsored "Total Information Awareness System". Essentially, they were doing what Google does, but instead of just web pages, they were looking at emails, phone transcripts, medical records, credit card records, etc. That's why the called it "Total Information Awareness." It was a database plus a set of search engine tools and "data acquisition systems". So, who had access to this database? Reminds one of a quote from "Good Night and Good Luck": PR flack: "Wouldn't you guess that the people who have seen the contents of that envelope might have a better idea of what makes someone a danger to their country..." Response: "Who are the people? Are they elected? Are they appointed? Are they you?" For more: http://www.youtube.com/watch?v=5N3WJXK2PAM

Ingeniously (and

Ingeniously (and disingenuously), the legal bar that trashed the prosecution of Judith Coplon's spying case has been lowered - this can, and apparently probably has, been used corruptly. Let us hope it can be restored.

So the NSA thinks it can

So the NSA thinks it can operate above the law. Whom do they serve? Representative democracies are crippled by such opacity. Who watches the watchers? Time to make their agency an open one when questions comes up. I think we've had enough of their hiding behind legal technicalities and using national security and patriotism as their justification for violating the privacy rights of good Americans in the homeland. They act if tax-paying, law-abiding Americans in the U.S. military (they obey the President's orders, they took an oath to uphold the U.S. Constitution, and they defend our country with their lives), and humanitarians (Republicans hate them, since they see them as "liberals," because they help people in need) are the big, evil villains, potential Enemies of the State. Would the NSA like it if everything they personally or privately did during their of-duty time was scrutinized and judged without their knowledge by people of whom their arbitrary, politically-and-religiously-biased, ideological standards are higher than their own? With agencies like this spying on their own citizens based on specious political rationalizations, who need the KGB, the GRU, or the Gestapo? Like I said, who does the NSA serve? Who watches the watchers? And in these economically difficult times, who gave them a blank check with an unknown budget? By any measure of decency and sound management, how can that be justified, any more? I will always remember the G.W. Bush Administration as one of a self-destructive, self-serving secrecy among wealthy, un-democratic, hypocritical, double-standard, propagandizing, Machiavellian, moralizing manipulators trying to mix God and Money. And that doesn't seem at all like what I picture a good American to be like! So who's the real villains here than need to be monitored? And why aren't they monitoring the bad guys, abroad? Who ordered them to spy on us? What, do all neo-conservative Republicans in power have "McCarthy" as their secret middle name?