Wednesday, April 22, 2009 - 11:01 PM
Running now. But six quick links to reports on developments in the Jane Harman-surveilled case, followed by a couple thoughts:
NYT/Politico: Pelosi now remembers being briefed on Harman wiretap.
WP piece says she was caught on FBI not NSA surveillance.
LAT: The real story behind the faux Harman scandal. "Now the question is: Who would drag Harman, Pelosi and Saban into this faux scandal to prevent such an exit?"
Roll Call: Hoyer to look into whether should be investigation of whether lawmakers wiretaped.
CQ: Excerpts from another wiretapped conversation of Harman.
JTA: If the case is dropped, what happens to Larry Franklin?
1) Per the question the LAT article asks: What was the motive of the people who leaked the transcripts of the Harman surveillance?
Seems to me there were at least two: a) to keep the AIPAC case from being tossed out by showing how much the public still doesn't know about what was uncovered in the investigation. By someone or someones (identified in the reports as ex national security officials) invested in the case. b) A source or second source (also ex national security official) with some serious anti Harman animus, and knowledge of the case.
Keep in mind a poorly kept secret from the journalism trade: sometimes a named source in the piece making one point on the record is making an off record point saying something they wouldn't want on the record. Former official A on the record: So and so is a fabulous person ... Off record, you wouldn't believe what so-and-so did, or whatever.
2) Per the Roll Call/Hoyer piece: There are lots of reasons to think that the person who was being targeted for surveillance when he communicated with Harman and she came on the FBI's radar screen was a senior figure at a pro Israel lobbying group. It is not hard to believe that that person whoever he/she is talks to lots of lawmakers. And that all of those conversations were tapped, since that figure, Mr. X, seems to have been under years long surveillance as a suspected "Israeli agent," and who knows, may still be.
(One question that occurs to me reading the above is, if Mr. X presumably talks to and has alliances with lots of lawmakers, why did Mr. X specifically allegedly seek the help of Harman on the case? And it occurs because she was the perceived ally on the intelligence committee, and this was a counterintelligence case. But why not approach an ally on the Judiciary committee which would seemingly have oversight over the Justice Department and the case? Or were others' help on other committees also sought? And did some of them too become subjects for a time of FISA-authorized surveillance as part of this counterintelligence probe? A former intelligence official told me that then DCI Goss certified several FISA warrants in national security cases when FBI director Robert Mueller was for whatever reason unavailable. Perhaps unavailable, another source suggested, because Mueller would not touch this. Until the law establishing ODNI was established, my understanding is, only three people could certify such FISA requests: the FBI director, the DCI, and nat'l security advisor.)
(Another question. Say Mr. X is a senior member of a bipartisan pro Israel lobby organization, seeking influence with the administration on a sensitive legal matter during a highly partisan Republican administration with a Republican majority Congress. Don't you think some of the allies' help he sought were Republican? Were their FISA warrants signed off on when they were intercepted talking to Mr. X discussing the case and how they might help? And if so, by whom? And if not, why not?)
3) If they didn't have authorization, which seems unlikely but who knows, the former national security officials who leaked portions of the classified transcripts of wiretapped surveillance of Jane Harman that came out in media reports this week would seem to have technically committed a crime that looks to be in the same family of legal violations that got the former AIPAC lobbyists indicted in the first place - unauthorized disclosure of classified information. However different their perceived agendas and the politics of their perceived motives may seem to be. The irony.
Harman the Democrat who thought she was protected like a Repub?
This is fascinating stuff...
"...Don't you think some of the allies' help he sought was Republican? Were their FISA warrants signed off on when they were intercepted talking to Mr. X discussing the case and how they might help? And if so, by whom? And if not, why not?)..."
Good question... maybe because Mueller definitely didn't want to go there? With Goss, I believe you said he had a major thing going on with Harman [and maybe he's not the only one]? Goss was more than happy to give the NSA and FBA [in Harman's case] all the necessary dotted i's, and crossed t's? Also, maybe she thought she was invincible, like the republicans because of her loyality to the administration and in the end she got a little careless?
With Pelosi's senior moment -- maybe she needed to get a little background on what was going on before throwing herself to the wolves? Yesterday, having not been given the full rundown of who 'might' be really running this "faux Harman Scandal"?
Another question: do we know if these selected portions of a tapped transcript(s) are still unclassified? It's not like it's top secret Iranian national security type material. Roth at TPM seems to think this might be a "...classic public corruption case -- a public official using his or her influence to obtain a thing of value..."? Could there be a loophole here that would have allowed these national security officials to drop some portions of the transcript in the public domain? I don't know -- but I would love to find out.
Ok -- So I want to ask a stupid question...
I keep thinking about the Blago case. Is your 'former' gov source sure then it was actually an "unauthorized" release of the transcript? Has that been confirmed? Also, regarding protecting those under surveillance -- the person under surveillance is still unknown -- and Harman it has been reported has apparently committed a 'completed crime'. Where does the felony come in?
parallels from the Harman case
given that voice calls are being tapped, I wonder if all DC Blackberry messages were also captured and recorded? This unauthorized release of transcripts may be a public indication of what records are extant.
Nothing about the legality of the wiretap determines whether the leak of the information would constitute an unlawful disclosure of classified information. Classified information could be derived from a legal wiretap; it would be equally illegal to disclose it. Do you have a reason to believe the information leaked was classified, other than idle speculation that the wiretap was illegal, which would not be relevant to that question anyway? Why do you speculate on such legal questions when you simultaneously profess your non-lawyer caveat? Why not just refrain?
Re (1) aren't you being a little overdramatic? Did not Jeff Stein indicate that the reason the story broke now is because he finally followed up on a lead that he has had laying around for quite some time?:
The fact is, there is no "timing" to any "leak." No sources "came forward," so to speak. I learned about this quite a while ago and was just recently able to turn my full attention to it. Total coincidence.
and
The story was not "planted" on me to influence any other events -- in particular the looming AIPAC trial or things related to the NSA's warrantless wiretapping program. I've known about it for some time but just not been able to pull it together until now for various reasons.
So is it your contention that Jeff Stein is a liar and/or a witless dupe?
Ockam's razor would suggest that what we have here is a whistle blower who is blowing the whistle on a criminal conspiracy involving a US Rep, the investigation of which was dropped by the AG in exchange for favors from the US Rep.
WSJ soft-peddles Israel's role
Incidentally, I love how the Wall Street Journal tries to re-write the facts about the charges against the former AIPAC officials: supposedly, they "are charged with passing on classified information they received from the Bush administration to journalists and other officials."
Ummm...yeah, ISRAELI officials.
See
http://online.wsj.com/article/SB124033042420239451.html
Josh Rogin reports on national security and foreign policy from the Pentagon to Foggy Bottom, the White House to Embassy Row, for The Cable.
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