By Michael Scherer
http://www.salon.com/news/feature/2005/12/23/bamford/"James Bamford is not just any reporter when it comes to the NSA. He is the journalist who introduced the agency to the world with his explosive 1982 NSA history, "The Puzzle Palace." With obscure but public information, he bargained his way into the secret core of the U.S. intelligence establishment and revealed the scope of its reach, from its listening posts in the Turkish highlands to its omniscient relay satellites.
While politicians bicker over legal shades of gray, Bamford believes the president clearly broke the law, and he has called for a special prosecutor to investigate. "What you have here is the administration going around the only protection the public has from the NSA, and doing it on their own," Bamford told CNN during a marathon of interviews for MSNBC, NPR, C-SPAN, CBS News and NBC News. "That's how Richard Nixon got in trouble, and one of the reasons he left office."
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Bamford's outrage stems, in part, from having been misled by agency officials. For years, he says, his contacts at the NSA repeatedly assured him that the agency was strictly following the letter of the law, even after Sept. 11. At the same time, President Bush assured the American people that "nothing has changed."
"I interviewed a lot of people at NSA, including the director a number of times. The impression I always got was they were keeping as far from the edge as they could in terms of what the law is," Bamford says. It was a message he believed and put in his books. "I went out of my way to defend NSA," he says. "I said they were not going back to the bad old days."
Those bad old days, when Nixon spied on his enemies and J. Edgar Hoover ordered illegal break-ins, drew Bamford's attention to the agency in the first place. During the 1960s and '70s, the NSA launched vast spying operations on American citizens over domestic concerns. One program, called Minaret, monitored the communications of Vietnam War protesters like Joan Baez and Jane Fonda. Another program, called Shamrock, monitored American cables sent overseas. After the Watergate scandal, Congress passed the FISA Act and ordered other reforms to end such abuses. "Back then there wasn't a law. The NSA saw itself as alegal -- it was under the law," says Bamford. "Now there is certainly a law. The FISA statute is as absolute as you can get."
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Over 25 years, Bamford has tracked the dramatic evolution of NSA's technological abilities. He says that such advances both increase the civil liberties danger and the likely pressures to skirt the FISA process. When the FISA warrants were first established, computers were still in their infancy and much of communication was analog. "I could very easily see that they would say that we have a new advance in data mining, and we need to speed up the process, the FISA court is too slow," Bamford says. Still, he won't accept that as an excuse. "There is a law there," he says. "If you just read the law, it's very clear."
The law also has a purpose. Twenty-three years after publishing "Puzzle Palace," Bamford still likes to quote Sen. Frank Church of Idaho, who warned in 1975 of the vast powers of NSA's signal intelligence operation. "That capability at any time could be turned around on the American people and no American would have any privacy left, such
the capability to monitor everything: telephone conversation, telegrams, it doesn't matter," Church declared then. "There would be no place to hide."