Roving Wiretaps Capture a Terrorist

The claim by President Bush that he needs to ignore the FISA process in order to nab terrorists shows that he either does not understand that this law has been used to actually capture a terrorist based on a phone call from a foreign country or he is hiding something.  In 1989 an Avianca plane exploded in mid-air in Colombia.  The culprit?  A henchman of Pablo Escobar, Dandeny Munoz-Mosquera.  Mosquera was arrested in New York City on 21 September 1991.  Here is the press account, which appeared in the

Washington Post on 27 September 1991:


Federal authorities reported the arrest in Queens of , described as a leading assassin, and said they stopped a plot to kill a "very important target," possibly a world leader attending the U.N. General Assembly meeting.


Robert Bryden, chief of the Drug Enforcement Administration's New York office, said Munoz-Mosquera, 24, was "the single most trusted assassin" for Colombia's Medellin cocaine cartel. He said officials did not know Munoz-Mosquera's target.


Munoz-Mosquera is suspected of killing 40 Colombian police officers, setting 12 car bombs and masterminding the murder of a Colombian presidential candidate in 1989, authorities said.


DEA agents staked out a pay telephone in Queens Wednesday night, according to court papers. A man later identified as Munoz-Mosquera got out of a car, made a phone call and was arrested, authorities said. "We have a lot of eyes and ears in New York in the Colombian community," Bryden said.


Now for the real story.


Mosquera was grabbed thanks to a roving wiretap.  I've heard the story from friends who were involved with the operation.  DEA officials learned that Mosquera's mom was going to call him.  They moved quickly to set up a roving wiretap.  They knew he was in New York but did not know where.  Mosquera took many precautions, including having the in bound call bounce around the United States.  He sent a third party to answer the phone.  When he left his vehicle, DEA agents closed in and put a major league killer in jail.  He was later convicted and is serving a long sentence in a high security US penal facility.  The FISA authorization was obtained subsequently.


So, President Bush is wrong.  You don't have to break a law to get quick action.  Not only can you catch terrorists using FISA, we have caught terrorists.  The real story behind the unauthorized wiretaps authorized by President Bush probably concerns the source of the info.  It appears the most likely explanation is that the Bush Administration did not want to have to tell a Federal judge that they were using information obtained from interrogations that violated the spirit and the letter of the Geneva Conventions.  Instead of protecting the nation the President may be covering his derrier.


Comments (23)

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Larry -
The real story behind the unauthorized wiretaps authorized by President Bush probably concerns the source of the info.

What kind of document trail is created using FISA? Would the non-FISA document trail under Bush Admin be any more secure?
Any reason to know/think that whatever Congressionals were "briefed" would know to ask about the source of information leading to the taps?  Or is this insight the kind of thing they would normally get from their lawyers and staff?

The claim by President Bush that he needs to ignore the FISA process in order to nab terrorists shows that he either does not understand that this law has been used to actually capture a terrorist based on a phone call from a foreign country or he is hiding something.


And this fiary tale brought to you by the same people who were responsible for the fable that there would be a mushroom cloud over America we didn't attack Saddam...

Larry:

I must be having a hard time getting what you're trying to convey with this:

"The real story behind the unauthorized wiretaps authorized by President Bush probably concerns the source of the info.  It appears the most likely explanation is that the Bush Administration did not want to have to tell a Federal judge that they were using information obtained from interrogations that violated the spirit and the letter of the Geneva Conventions.  Instead of protecting the nation the President may be covering his derrier."

Are you saying the leak about the wiretaps is intentional by the Bush Administration? That just doesn't fit with their usual modus operandi. Usually they use leaks to discredit an opponent.

Sorry if I'm a bit dense tonight...

I think the issue involves one of potential perjury.  If you go before a Federal judge and don't tell the truth one could get in trouble.  True?

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thank of it this way.....

it has been a while since i communicated with you, but based on your NSA time, would you mind responding to this assessment of mine?

i am sort of confused by the whole story...

bush didn't have to issue any kind of order to authorize the nsa to intercept, monitor, record all forms of communications indulged in by us citizens.

the echelon program[subscribed to by uk, australia, new zealand, at the minimum] has been engaged in doing this for over a decade. key words, phrases, and other stipulations undoubtedly trigger a virtually automatic intercept, monitoring, recording.

the structure of echelon was that it allowed the nsa, cia to violate their charter by passing what would have been illegal "wiretaps" under US law into the echelon c&c station in wellington,nz.

then kiwi intell[harborer of echelon intercepts] would forward the work product back to the usa under the cloak of "other nation" work product.

with the nyt's record of functioning as an agitprop agency of the bushit regime, one might want to reconsider the bit of theater that may be on stage at the moment.

with the bushit's response over the last few days, one might just want to consider that the nyt was conspiring with the "state" to generate a situation where "secret" chekist activities by the state are always sanctioned.

i say this because i can find no reference in all the maelstrom[furor] to echelon and the secret power that bush 1, clinton, bush 2 have always had.

surely, murray waas, walter pincus know of echelon and how it workds. so does james bamford.

no, this sty is not as most think it to be. if you never read a discussion of echelon as it pertains to this "bugging" issue, then you will know that this sty is a bushit set-up for "mandated" authority for the state to bug any us citizen at any time for any reason.

for those of you unfamiliar with echelon, i recommend a kiwi book by a kiwi investigative journalist - nicky hager. entitled SECRET POWER.

difficult, if not impossible, to find in the usa. i haven't searched on amazon yet today, but several years ago, its isbn number went unrecognised.

i still have a few extra copies, if you are interested, write me at my email address.

perhaps you can find them in kiwiland.

craig potton publishing.

isbn#0908802358

merry christmas. sic semper tyrannis.

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and then there is the carnivore program.

in place. functioning.

why would the state need to go beyond echelon, carnivore, fisa?

and why does no one mention those programs?

neither the bushits nor the anti-bushits.

why?

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You have got to get this Echelon business out in the mainstream media before it will get into the public consciousness. Frankly, I had never heard of it until it was mentioned here at the Cafe.

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Are you saying the leak about the wiretaps is intentional by the Bush Administration? That just doesn't fit with their usual modus operandi. Usually they use leaks to discredit an opponent.

What he is saying is that to get a FISA warrant the Bushies would have had to acknowledge the source of information that caused them to want the warrant, and that was probably a tortured prisoner in violation of the Geneva Conventions. If they had made up a source of intelligence, that would be perjury, and they might have been caught. So, they just ignored FISA. The reason for bypassing FISA has to be something like that, because getting those warrants has been an almost certainty, and they don't even need to be obtained before the wiretaps are installed. Or, as my Mom used to tell me, "once you practice to deceive.....blah blah".

Hoppy,

You nailed it.

Larry J

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Larry,

I'd be curious to know what you think about the theory that this was in order to spy on journalists, those who many in the administration know 'have ties to Al Quaida', in the form of interviews. No judge would allow those forms of wiretaps, but the administration might deem them necessary.

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Larry - I'm still on your souce of info idea.

Had not thought of perjury - nice to be respectful of the law.

Another idea- 
What if the type of surveillance is beyond (outside the boundaries of) what FISA covers so they needed to create a new authority?  What if it is not particular communications between 2 parties but information about communications - e.g., GPS locations, network addresses, network routing of communications?   Since the sheer communications volume is a problem to do monitoring of everything then any new technology that winnows the communications to actually be tapped for content would be  "critical."

My idea that it may be a whole new form of what is being surveilled is buttressed now that I've read the Rockefellar letter linked from TPM by Josh.  The Senator sounds confused and is uncomfortable that his ignorance is making him mis something.  Wonder if a whole new type of technology leaves him clueless? 

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Interesting comment by AlbertChampion regarding Echelon.

I agree that it is very strange that Echelon, as well as "Able Danger" and the supposedly failed Poindexter Total Information Awareness project at DARPA, have not been mentioned in media accounts so far.

My father is a diehard wingnut, and today he sent me an article from Newsmax.com claiming that this is all just Democratic hypocrisy because Clinton (who gets blamed for everything) did the same thing with the Echelon program. So I've been reading again about Echelon today.

I assume there is no evidence that Clinton himself ever bypassed the FISA court. But of course, even if there was such evidence, it would be irrelevant in the face of the extreme and consistent claims by the Bushies that the president is absolutely above all law. (There was a fascinating discussion on that today on the Diane Rehm show on public radio, in which three Republicans, Bruce Fine, Republican counsel in the Iran-Contra hearings; Norm Ornstein of the American Enterprise Institute; and David Keene of the American Conservative Union--all basically agreed that Bush was dangerously overreaching and claiming powers above the law unlike any other American president.)

I'd appreciate seeing some solid analysis on that here by smart people like Larry Johnson.

--Arminius

For those of you not familiar with the echelon program here's a 60 Minutes transcript from Feb 2000. It's scary....wknjh
http://cryptome.org/echelon-60min.htm
Echelon was, and probably still is (under another name?), the centerpiece of US SigInt intelligence gathering. 
For more check out James Bamfords books on the NSA..."The Puzzle Palace" (1983) and "Body of Secrets (2002). 

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Isn't the real issue here the weakness of liberal Democrats to articulate a national security stance that has credibility with the American people?  I think President Bush would have been derelict in his duties had he NOT authorized the wiretaps. Why is it that liberals never mention that they only wiretapped persons suspected of having terrorists connections and telephone overseas?  They didn't wiretap grandma calling her bridge club, for crying out loud!

 

I also think the New York Slimes, that temple of ultra-liberalism and anti-Americanism, should be SHUT DOWN for printing this story on the same day that a vote was scheduled on the Patriot Act. That newspaper is a propaganda tool, used by the Democratic Party and the hard left in this country, to stab our military in the back, subvert the sovereignty of the United States of America, and and cripple the President of the United States.  The truth of the matter is that if it were President Bill
"BJ " Clinton, liberals would have LIONIZED him, and the Nobel Peace prize would have been awarded to him. 

 

President Clinton did NOTHING about the terrorist threat for 8 years, much as you want to deny that. The most important statement the president made last night in his speech, was that when 9/11 was planned, and when it happen ed, we were not in Afghanistan, we were not in Iraq, and as a matter of fact, isn't it a fact that liberals complained and accused President Bush of "doing nothing" about the terrorist threat in his first 9 months in office??  Yes, that is a fact.

 

Pinchy Sulzberger belongs in a jail cell in Guantanamo Bay, right next to Khalid Sheikh Mohammad. He should be forced to read "Liberalism is a Mental Disorder, " by Dr. Michael Savage,  followed by "Bias" by Bernie Goldeberg . 

 

Now that would be a real exercise in one of liberalism's cherished acts of "tolerance."

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Ms Rice,

The only reason the President would have to bypass the FISA courts is his belief that he would be denied a warrant.  Reasonably speaking, one can only conclude that the President is spying on people he has no business spying on.     

And why do you use the word "authority" every 17 seconds like clockwork?

 

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Here's more.

... alttle slow on the uptake...
Thanks Hoppy

Just to be clear the only "fairy tale" I am talking about is the Bush claim that he needs to ignore the FISA court process to catch terrorists...

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No one who uses the phrase "BJ Clinton" is to be taken seriously.  Period. 

The man got a blowjob. Get over it.

Your guy is a half-wit with a God complex.

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I disagree with the entire thrust of your post. However, in spite of our disagreement I'm assuming you do not think it was OK for Bush to ignore FISA when it gives him 72 hours in which he could act and then retroactively seek permission from the special court. Am I wrong in that assumption?

avatar Obstruction: The NYT, Unwarranted Searches, and Able Danger

Considerable surprise is being expressed about Bush's order authorizing unwarranted domestic spying after 9/11.  But, that's only part of the story that's just emerging. 
 It's been widely known for more than two years that at least two of the 9/11 hijackers were the subject of monitoring inside the U.S., and for some unexplained reason, U.S. intelligence never sought FISA warrants to track them down, even late in the summer of 2001, after George Tenet's hair caught fire and after Bush got his 8/6/01 PDB, "Bin Laden Intent on Striking Inside the U.S."

This story is particularly interesting, as I was saying two years ago that the absence of a record of FISA warrants for the 9/11 hijackers known to be inside the U.S. before the attacks was significant. http://www.scoop.co.nz/stories/HL0310/S00257.htm

We are just beginning to learn how significant that really was, and how decisions made at the top to forego surveillance warrants, and to cut off the Pentagon's own warrantless inquiry into the al-Qaeda cells, Able Danger, led to the 9/11 attack.
It now looks like President Bush tried to retroactively "legalize" a policy of warrantless surveillance that had been in place for some time before 9/11.  Unfortunately, the failure to seek warrants to track the al-Qaeda cell members inside the U.S. made the attacks considerably easier for the hijackers to carry out.

Here's why. If warrants had been sought in January 2000 for  Flt. 77 hijackers Khalid al-Midhar and Nawaf al-Hazmi, and they had been placed under proper, legal surveillance when they landed at LAX on 1/15/00, they would have been easily arrested earlier in the summer of 2001, and the Pentagon -- at least -- would have been spared. 
  I still want to know why the consensual monitoring with the Saudis broke down that summer, and what Tenet was thinking after the July CIA-FBI meetings in New York at which the Agency refused to hand over "operational" al-Qaeda information to the Bureau's National Security office.

Furthermore, if I were on the staff of the Joint Chiefs or connected with forces and facilities protection at the Pentagon, I would want the heads of the heads of the intelligence services on platters.  What the hell were the CENTCOM commanders thinking when they allowed Able Danger -- which linked Atta with the others -- to be closed down?   Who really gave that order scrubbing the NSA/DIA al-Qaeda files, and why?  I'm sure that the answer to these questions strikes near the root of the warrantless wiretapping scandal that's now emerging.
Why Sulzberger and Keller agreed to sit on the story about Bush's warrantless domestic wiretaps for a year at the NYT is beyond me. http://www.msnbc.msn.com/...

I suspect release of this story might have made a whole world of difference last November.  But, coming when it does at the heels of the other catastrophes of the last 12 months, this may indeed be the last straw for Bush.  
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Re the blowjob/  Oh really, tough guy?? Well, you know what? The next time I hear about a girl in high school getting suspended for giving a blowjob to a guy in the boys room, I'll say a prayer it's your kid, since you don't think it's a big deal, and we should "get over it."  OK??

 

I absolutely believe that Bush after 9/11 felt he had to  monitor phone conversations between the enemy within and without.  If that causes liberal hand wringing, as most efforts to fight the enemy seem to, so be it. When we get Alito installed on the Supreme Court, you won't be able to do anything about it, except alert the New York Times.

 You totally ignored the point:  what solution do Democrats offer?  You are against EVERYTHING that Bush does. But at least he offers leadership, though you disagree with it, and that is fine.  But I don't see anything from the Democrats that would convince the majority of us to vote Democratic next time around. No solutions. On ly criticisms, and treasonous criticisms, at that.

 

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Whoa1 You're way off base here. 1)On BJ's you'll "say a prayer it's your kid". I think that's inappropriate. 2) We are not against everything Bush does. I assume that he brushes his teeth in the morning. I'm not against that. 3) "You totally missed the point." I'd turn that around. You totally missed the point -Bush broke the law and is taking away our 4th Amendment rights. That is a very big deal!

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