Payback Time: FBI Raids Home of Suspected NSA Leaker
This past week, the Bush administration added insult to injury over its illegal program of NSA domestic surveillance. During the very time Congress was debating codifying President Bush's lawbreaking by revising the FISA law many of his allies had been afraid to publicly challenge as unconstitutional, Alberto Gonzales' DOJ was raiding the home of a former Justice official to identify the person who first brought the illicit program to light.
As Michael Isikoff details in Newsweek, a team of FBI agents raided the home of Thomas M. Tamm, a veteran prosecutor and former official of the Office of Intelligence Policy and Review (OIPR) within DOJ:
The agents seized Tamm's desktop computer, two of his children's laptops and a cache of personal files. Tamm and his lawyer, Paul Kemp, declined any comment. So did the FBI. But two legal sources who asked not to be identified talking about an ongoing case told NEWSWEEK the raid was related to a Justice criminal probe into who leaked details of the warrantless eavesdropping program to the news media. The raid appears to be the first significant development in the probe since The New York Times reported in December 2005 that Bush had authorized the National Security Agency to eavesdrop on the international phone calls and e-mails of U.S. residents without court warrants.
Even as Alberto Gonzales was feebly deflecting perjury charges by apologizing for "creating confusion" with his comments about "no serious disagreement" in 2004 within the administration over its NSA homeland spying scheme, the Attorney General was dispatching the FBI to investigate one of those purportedly disagreeable officials. At its worst, the campaign to punish NSA whistle-blowers reflect not only the administration's misplaced priorities, but its absolute commitment to seeking vengeance against its opponents:
The raid also came while the White House and Congress were battling over expanding NSA wiretapping authority in order to plug purported "surveillance gaps." James X. Dempsey of the Center for Democracy and Technology said the raid was "amazing" and shows the administration's misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. A Justice spokesman declined to comment.
After the revelations about the NSA program by the New York Times in December 2005, On December 19th, President Bush raged about what he deemed "a shameful act" that is "helping the enemy". Claiming he didn't order an investigation, Bush added "the Justice Department, I presume, will proceed forward with a full investigation" At a subsequent press conference that same day, Alberto Gonzales suggested the retribution that was to come:
"As to whether or not there will be a leak investigation, as the President indicated, this is really hurting national security, this has really hurt our country, and we are concerned that a very valuable tool has been compromised. As to whether or not there will be a leak investigation, we'll just have to wait and see."
The disturbing irony, of course, is that the vendetta against leakers by President Bush and his allies is highly selective. In 2003, Vice President Cheney famously authorized the cherry-picked declassification of elements of the 2002 Iraq NIE as part of a campaign to smear Ambassador Joseph Wilson over his public decimation of the White House's uranium in Niger canard. As the National Journal reported in April 2006, leak plugging stalwart and Kansas Senator Pat Roberts (then the Senate Intelligence Committee Chairman) leaked details regarding Saddam Hussein's whereabouts on March 20, 2003 even as the Iraq war was just underway. And just last week, House Minority Leader John Boehner described classified details of the supposed "intelligence gap" created by a FISA judge's ruling, all in an effort to pressure his Democratic opponents to cave to President Bush's demands for expanded domestic surveillance authority.
Which, as it turned out, is exactly what came to pass. So while Congressional Democrats blinked by cowardly ratifying the lawlessness of an unpopular President and his Attorney General on life support, the White House continued its policy of payback - without blinking.
(For the latest news, key documents, legal developments and other essential materials, see: "The NSA Scandal Documents Center.")
UPDATE 1: Several readers have already commented about PlameGate and President Bush's supreme hypocrisy when it comes to his selective crusade against leakers. As you might recall, a nonchalant President Bush had this to say about the person(s) who outed covert CIA operative Valerie Plame on October 7, 2003:
"I don't know if we're going to find out the senior administration official. Now, this is a large administration, and there's a lot of senior officials. I don't have any idea. I'd like to. I want to know the truth. That's why I've instructed this staff of mine to cooperate fully with the investigators -- full disclosure, everything we know the investigators will find out."
Don't expect that Vegas will start taking odds on a pardon for the NSA leaker...
UPDATE #2: Over at DailyKos, Ballerina X asks if the Thomas M. Tamm whose home was raided by the FBI last week is the same Thomas M. Tamm who commented at Media Matters on July 25th. There, Tamm identifies himself as a "former DOJ lawyer" and raises the issue of political interference inherent in Gonzales' blocking U.S. prosecutors from pursuing Congressional contempt charges.
That's just unbelievable. Bush is like the Terminator. He never backs down, he never gives up and, it seems, he can't be stopped.
I can only wonder: if someone is convicted of obstruction of justice and perjury in this leak investigation, will Bush commute his/her sentence as well?
I can only wonder: if someone is convicted of obstruction of justice and perjury in this leak investigation, will Bush commute his/her sentence as well?
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Of course, he would because they would be protecting Bush! What better way to keep a convict from talking but to keep him out of jail?!
Sound like we are becoming Germany 1932.....
Could we compare any of the present day branches of government like those of the former Nazi state?
Did any of you know that Nazi is a nickname for "Nationalist" but of course how it is said in German? Would you be able to compare those "Nationalists" to some of our over zelous "Republicans?" For isn't our "Nation" A Republic?
Beware and make sure you stay informed. Ignorance is bliss and so is the loss of your freedom!
Let us hope Bush cannot be stopped. The Dems are the real rpblem.
Let's hope Bush can't be stopped when it comes to US security. It is the Dems/Libs that are the real problem!
If Bush's shirt tail caught fire I wouldn't help put it out. In my old age I have never seen our country sink to the bottom as I have since 2001. I am not afraid of the terrorist as much as those we have in office in Washington. How many rights do we have left now? It's not We The People anymore, it is Bush, Congress, and the Senate saying you will do as I say or we'll lock you up. Yes, our country is becoming more like Hitler's Germany.
I feel sorry for todays young people because they are losing their freedom. We have a president that is very close to being a dictator. What are you going to do about it?
Please bush don't stop. distroy the constitution of the usa and bring a dictatorship to it as soon as possible. you are doing a great job and i for one want to see you win against peace, liberty and justise. if anyone can do this mr. president, you can. I know in your heart you and tricky dick have what it takes to make this possible. i am just dissapointed that you haven't yet opened up the concentration camps for the american population. please do that as soon as possible. and good luck on your success.
i have complete confidence that you will succeed where clinton and reagan failed.
The real problem here is "SELECTIVE" administration of justice. Of course the leak hurt both Plume and the intelligence community, and an intentional leak of classified material, of any type, should be punished. But selective punishment is no different than targeting Jews or Israeli citizens, or Democrats or Republicans.
The solution, and the only real solution, to this type of action is for enough citizens to stand up and raise unholy hell with their senators and House members, and keep on doing it until Congress once again realizes that it is by our hand, the voting citizens, that they are allowed to hold office. If they do not justly represent the citizens, then they should know they will never be elected again, and maybe they will cease to MIS-REPRESENT us. Wonder what difference it would make if they had to pay social security instead of drawing a full paycheck forever after they serve in Congress?
Final note: If you want to see injustice, just investigate the USFSPA (The Uniformed Services Former Spouse Protection Act). Talk about screwing citizens, this could be the downfall of the military (but of course this law doesn't affect the FBI, the CIA, Congress or the President, not even the Secret Service)
I'd like to be President for one year. I'd piss in enough coffee pots so that it would take 100 years of corruption to get it back in the mess it's in today!
Your comments are welcome.
What a bunch or paranoids on this board! The law that got voted in recently allows the government to listen in on suspected terrorists overseas calling cousin Mohammed in America. Sheesh.
I hope the people who read this article are smart enough to pick up on just how slanted it is. Words like "illegal program" and "cherry-picked" just thrown out with no supporting information. The NSA domestic surveillance program has been authorized by congress with the FISA court's oversight for more than 40 years. Individual's who leak classified information or sneak those documents out of controlled spaces in their pants should be investigated.
No, Michael... the headline reads: �Bush signed into law on Sunday legislation that broadly expanded the government�s authority to eavesdrop on the international telephone calls and e-mail messages of American citizens without warrants.�
I don't think that these posters are upset about signing the wiretapping bill into law. I think they are upset about Gonzalez, George W. Bush and how they trample all over our laws or bend and twist them until the original spirit of the law disappears. These posters are also ticked off that they are somehow allowed to get away with it, when other administrations have been held to much higher standards.
And Congress isn't putting impeachment on the table???
Fantastic blog post. Thanks for your hard work.
I am so sick and tired of you liberal journalist. You can't be honest or truthful anymore, and you have no morals. True journalism has disappeared. You follow no rules and instead of reporting the news, you try and create it. This story is a pile of garbage, apparently like the person who wrote it.
Geeezzz!
You folks that are trying to relate this to Nazi Germany are complete historical idiots! There is not even a CLOSE relationship between your perceived loss of liberties and that despicable era of history - not even close! Show me where doors are being kicked down by brown and black shirts in the middle of the night and folks being sent to concentration camps! Show me where the businesses of Jews are being smashed in Kristalnacht! Show me the firing squads and the Gestapo! Show me the modern Final Solution!
Cripes- you liberals are the biggest bunch of whiney babies I have ever seen! My wife's 7th graders have more sense!
Lastly - the report above with all its gnashing and moaning, also lied. Valerie Plame was NOT covert! Evryone with a brain knows that!
If President Clinton had done his job...Instead of playing with all the girls...9/11 would have never happened and we wouldn't be in the shape we are in today !!!GW is just trying to clean up the mess he left !!!
You haven't seen anything yet...Wait till the
bleeding heart, Liberal Democrats take office next election.
I see the right wing radical repetitive ranting raving Republicans continue to blame BIll Clinton for all the world's ills. Where is the outrage they should be expressing at the really egegious behavior of ths guy who is now in the white house? UNfortunately, they don't have the intelligence or the guts to call for the impeachment of both Bush and Cheney. Our present political situation will not improve until our troops are pulled out of Iraq and not until we get democrats in the congress and the presidency
The 4th estate has no credibility on reporting issues of CIA or classified leaks. There was no finding of a crime in the leak of Valerie Plame as a CIA operative yet this was a story worthy of considerable media attention and implied support for investigation and prosecution. There are a number of classified and likely illegal leaks which more clearly hurt national security that should be investigated as to the source. Yet when one of these investigations is rightfully pursued the above article displays its bias in condemnation and the leakers heralded as whisle-blowers.
The government is and has been for many years corrupt and will stay that way as long as we think only of ourselves. It makes not one bit of difference whether Dems of Gops are in power. They are all bought and sold daily to the highest bidder. Usually, so called "enemies of the state" are the buyers. As long as the votes and sympathies of the Senate, the House, and the Presidency are for sale there will be no democracy.
Section 1001 of the USA Patriot Act, signed into law by the President on October 26, 2001, directs the [ OIG ] Inspector General to review information and receive [ criminal ] complaints alleging abuses [ CRIMES ] of Civil Rights and Civil Liberties by Department of Justice employees.
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IAIP redacted 8Jun04.indd S.C. Section 552, as amended. Preface The Department of Homeland Security (DHS) Office of Inspector General (OIG) was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
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Office of Inspector General [ OIG - independent entity within the ] Department of Justice - Mission Statement -- To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide Federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; to administer and enforce the Nation's immigration laws fairly and effectively; and to ensure fair and impartial administration of justice for all Americans.
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18 USC Sec. 24 01/02/01-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 1 - GENERAL PROVISIONS-HEAD- Sec. 24. Definitions relating to Federal health care offense-STATUTE-
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Subject to prosecution -- 1998 NATIONAL -- HEALTH CARE FRAUD AND ABUSE CONTROL PROGRAM, under the Joint Direction [ T18CFR371-illegal agreement to induce forfiture of Federal Hospital Insurance Benefits DHHS T42CFR417 Anti-dumping violation to force illegal HCFA Medicaid kickback conversions ] of the ATTORNEY GENERAL and the Secretary of [ DHHS ] the Department of Health and Human Services (HHS)(1), acting through the Department's [ OIG ] Inspector General (HHS/OIG), Designed [ HMO Grievance Procedure T42CFR417 criminal denial of covered Hospital Insurance claims/Volentary Disclousure/SELF-Audit Program ] to coordinate Federal, State and Local Law Enforcement activities [ misprison of a felony / defrauding federal health insurance programs HCFA Medicaid etal / OPM FEHBP CITE: 5CFR890.105 ] With Respect to [ Federal Hospital Insurance Benefit / Claims ] Health Care Fraud and Abuse. [ Anti-dumping and Anti-kickback Violations ] T18CFR286Crime.
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The OIG has jurisdiction over all [ criminal ] complaints of misconduct against Department of Justice Employees [ T18CFR371 Misprison of a felony ], including the Federal Bureau of Investigation; Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Attorneys Offices; and employees who work in other Divisions or Offices in the Department of Justice. The one exception is that allegations of misconduct involving Department ATTORNEYS a that arise from their AUTHORITY TO INVESTIGATE [ the OIG for treason ], litigate, or provide legal advice are the responsibility of the [ OIG ] Department's Office of Professional Responsibility.
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1998 -U.S.Attorney General & DHHS Office of Inspector General - The Health Care Fraud and Abuse Control Account [ illegal agreement to induce forfiture of Federal Hospital Insurance Benefits/kickback fraud ] would be established as an expenditure account within the Federal Hospital Insurance (HI) Trust Fund.
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The Region V HCFA [ Chicago ] Office had a record high 940 new MSP cases filed in 1998. Contributing to this were PARTNERSHIP Arrangements with [ Federal Health Care Provider HMO T42CFR417 DHHS Anti-dumping Violation/Hospital Insurance Fraud ] Contractors and U.S. Attorneys [ T18CFR1518 - T18CFR286 - T18CFR371 ] in Michigan and Ohio as well as a new notice letter to assist fiscal intermediaries in recoveries.
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http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00923.htm
White Collar Crime
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Subj: RE: abuse of civil rights by justice employees
Date: 12/13/2002 8:54:30 AM Eastern Standard Time
From: [email protected] (General, Inspector)
To: [email protected] ('[email protected]')
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Dear Ms. Kimball:
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The purpose of this letter is to acknowledge receipt of your Internet submission dated October 31, 2002. The matters that you raised have been reviewed by the staff of the Investigations Division, Office of the Inspector General.
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The primary investigative responsibilities of this office are:
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� Allegations of criminal, as well as non-criminal, misconduct committed by U.S. Department of Justice Employees and Contractors; and
� Waste and abuse by high ranking Department officials, or that affects major programs and operations.
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This Office does not have jurisdiction in the matter you described.
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Section 1001 of the USA Patriot Act, signed into law by President Bush on October 26, 2001
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OPM FEHBP - TITLE 5 [CITE: 5CFR185.104] PROGRAM FRAUD Sec. 185.104 Investigation. (d) Nothing in this section modifies any Responsibility of an Investigating Official to Report Violations of Criminal Law [ Anti-dumping & Anti-Kickback Violation Against Retired 'Entitled' Federal Beneficiaries CITE: 5CFR890.105 ] to the U.S.Attorney General.
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Therefore, your complaint has been forwarded to:
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Office of Personnel Management
Office of the Inspector General
1900 E Street NW
Washington, D.C. 20415
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Office of Inspector General - Misprison of a felony - T42CFR417 ' grievance service ' Hospital Insurance Fraud
Office of Personnel Management - CITE: 5CFR890.105 criminal denial of Covered Claims
Joseph Frech investigator - illegal agreement w/U.S.Attorney General & DHHS OIG Volentary Disclousure / Self-Audit / misprison of a felony - Program
dtd: 9 may 2002
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" The matters discribed [ Anti-dumping and Anti-kickback Violations - Hospital Insurnce Fraud resulting in Death of a Retired FEHBP ] in your letter are not within the jurisdiction of this office. The OIG had also recieved information regarding your case in September 2000. At that time we determined that the [ OPM FEHBP ] Health Benefits Contracts Division has sole jurisdiction over [ SELF-Audit ] your ( criminal ) complaint. The decision made by the contracts division is final and The OIG will NOT Investigate. " [ OPM FEHBP Contracting Divisions assisting, allowing & concealing CITE: 5CFR890.105 felony federal health care offences against Retired FEHBP ].
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I hope this answers any questions regarding this [T18CFR24CRIME OIG and U.S. Attorney Federal Hospital Insurance Fraud ] matter.
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Sincerely,
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The Office of the Inspector General
Department of Justice
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Sincerely,
The General Public
Defenders of the current white house residents, and preprogrammed by them to claim alarmist and legally unsubstantiated posts by "liberals" please read as follows:
"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
From fascists roots comes the neocons....so this doesn't suprise me one bit. This is just the beginning....you must recognize it for what it is: Fascism!
Too Bad they never cared about the treasonous leaking of a high ranking undercover C.I.A. operative. This is obviously selective prosicution.
Gonzales is a butt boy.
Interesting. You blow the whistle on an illegal program and Bush comes down on you, but you illegally give away the identity of a CIA agent, and he lets you get away with it or pardons you. What a great commander and chief we have.
IT SEEMS THAT THE ONES THAT HANG THEIR HEADS IN SHAME IS THE ONES THAT HAS DONE MORE DAMAGE TO NATIONAL SECURITY THAN ANY ONE. WHO IS THAT YOU MAY ASK? JUST FOLLOW THE MONEY BEING GIVEN AWAY TO SONS & OTHER FAMILY MEMBERS AS LOBBIST & SPECIAL INTEREST GROUPS.SCHIP DOES NOT DO AS IT SHOULD, BUT IT DOES DO WHAT LA RAZA, OTM'S WANT, A FREE RIDE ON REAL LEAGLE TAX PATERS, YOU PEOPLE THAT CREATE ALL THIS HATE & DIVISION FOLLOW A NIT WIT, WHOM SHOULD BE RECALLED FOR MANY REASONS, BUT YOU STILL REMAIN THE SAME, BUY VOTES, CHANGE THE RULES IF IT DOES SUIT YOUR WAY , THEN YOU BLAME THE PRES. I AM GLAD I DONT HAVE TO SAY I WAS BOUGHT OFF BY G.SORUS, YOU MIGHT WANT TO DO SOME RESEARCH ON HIM, HE CARRIES MORE HATE FOR AMERICA THAN YOU KNOW.YOU WOULD KNOW A TRUE AMERICAN IF IT WAS STUCK UP YOUR AL GORE FRAUD OF THE WORLD, BY INVESTING IN ETHNOL AS A REWEWABLE SOURCE OF FUEL, WHAT THE HELL WILL YOU EAT WHEN THERE IS NO BEEF, PORK,MILK,JUST EAT THE DAMN NEY YORK TIMES, ITS FEEDING YOU SHI NOW, EAT SOME MORE.PLUS YOUR EARMARKS, HAVE A GREAT SOUTHERN DAY...........
TRAITORS UNTO THE CONSTITUTIONS FOURTH AMENDMENT
Signatories of the NSA BILL WHO ARE DEMOCRATIC
Jason Altmire (4th Pennsylvania)
John Barrow (12th Georgia) Blue Dog
Melissa Bean (8th Illinois) Blue Dog
Dan Boren (2nd Oklahoma) Blue Dog
Leonard Boswell (3rd Iowa)
Allen Boyd (2nd Florida) Blue Dog
Christopher Carney (10th Pennsylvania) Blue Dog
Ben Chandler (6th Kentucky) Blue Dog
Rep. Jim Cooper (5th Tennessee) Blue Dog
Jim Costa (20th California) Blue Dog
Bud Cramer (5th Alabama) Blue Dog
Henry Cuellar (28th Texas)
Artur Davis (7th Alabama)
Lincoln Davis (4th Tennessee) Blue Dog
Joe Donnelly (2nd Indiana) Blue Dog
Chet Edwards (17th Texas)
Brad Ellsworth (8th Indiana) Blue Dog
Bob Etheridge (North Carolina)
Bart Gordon (6th Tennessee) Blue Dog
Stephanie Herseth Sandlin (South Dakota) Blue Dog
Brian Higgins (27th New York)
Baron Hill (9th Indiana) Blue Dog
Nick Lampson (23rd Texas) Blue Dog
Daniel Lipinski (3rd Illinois)
Jim Marshall (8th Georgia) Blue Dog
Jim Matheson (2nd Utah) Blue Dog
Mike McIntyre (7th North Carolina) Blue Dog
Charlie Melancon (3rd Louisiana) Blue Dog
Harry Mitchell (5th Arizona)
Colin Peterson (7th Minnesota) Blue Dog
Earl Pomeroy (North Dakota) Blue Dog
Ciro Rodriguez (23rd Texas) Blue Dog
Mike Ross (4th Arkansas) Blue Dog
John Salazar (3rd Colorado) Blue Dog
Heath Shuler (11th North Carolina) Blue Dog
Vic Snyder (2nd Arkansas)
Zachary Space (18th Ohio) Blue Dog
John Tanner (8th Tennessee) Blue Dog
Gene Taylor (4th Mississippi) Blue Dog
Timothy Walz (1st Minnesota)
Charles A. Wilson (6th Ohio) Blue Dog
Thank GOD Bush is finally going after the leakers within our government. Democrats and RINOs are helping the terrorists and hurting our country. The MSM is doing it's best as well to help bring down the US with articles like this one.
The Bush Administration has no interest in following the rule of Constitutional law. However, the NSA's illegal spying of Americans is far more extreme than your average citizen would realize.
Imagine if you have this electromagnetic field around your body which could be used as a tracking device in which the NSA could follow you around for your entire life, while remotely watching you and reading your thoughts no matter where you were on this planet.
The truth is that the NSA can do such things by using its Signals Intelligence technology and super computer driven satellites to do exactly that.
See John St. Clair Akwei's lawsuit against the NSA to learn more. Also see my Website http://www.9-11themotherofallblackoperations.blogspot.com/
Here I discuss what it is like to be illegally tracked by way of the NSA and remote neurally monitored 24 hours a day, as a mind control target and satellite prisoner.
And the worst news is that if you are an American citizen, the NSA can target you for the same illegal monitoring at any time through its EMF two way dial up network, without your knowledge or consent.
The United States of America is an example of life imitating art, since it has now become the Oceania of George Orwell's anti Utopian nightmare "1984."
If President Clinton had done his job...Instead of playing with all the girls...9/11 would have never happened and we wouldn't be in the shape we are in today !!!GW is just trying to clean up the mess he left !!!
You haven't seen anything yet...Wait till the
bleeding heart, Liberal Democrats take office next election...