Domestic Spying and Opposition Research

by emptywheel

Digby has been demonstrating how the DOJ got taken over by a bunch of hack opposition researchers (see also this post).

And again, what were the Pat Robertson' U grad Goodling's primary qualifications before joining the Department of Justice? She worked with Barbara Comstock and Timothy Griffin (the US Attorney from Arkansas who Rove pushed through under the patriot act) at the Bush Cheney oppo research department in 2000.

It doesn't automatically make her a criminal, but it sure stinks of unethical politicization of the Justice Department.

She goes onto make what seems to be a generalized comment.

Many of us were told to pipe down when we complained that the Justice Department and the NSA had been involved in spying on Americans with no oversight.But now that we know that Barbara Comstock, Monica Goodling and Tim Griffin, Karl Rove's personal smear artists, were promoted to the highest reaches of the federal police agencies with access to records on their political opponents and every other American, then it's clear that we weren't suspicious enough. At this point, I think we have to assume that with these people in charge and having the use of all the new powers of the Patriot Act, there have been no limits at all on the partisan, political use of the government's investigative powers.

To which I'd like to raise a specific example. MZM. MZM, you see, was contracted to engage in some of the most abusive domestic spying under DOD's CIFA program (contracted through the part of DOD, incidentally, where Mitch Wade first got his start under Dick Cheney in the early 1990s). And Carol Lam got fired for getting too close to Brent Wilkes' and Dusty Foggo's ties to Duke Cunningham's pocketbook. Not to mention getting to close to Jerry Lewis, who as Chair of the Defense Appropriations Subcommittee approved the key contracts to MZM. So I'd like to suggest that these issues--the politicization of DOJ, the firing of Carol Lam, and the interruption of the investigation into Lewis and Foggo and Wilkes may be more closely related than we know.

MZM and USA Purge

Now MZM has been in the news of late because Henry Waxman has decided to go back and check into the contracting surrounding the original MZM contract. Of particular interest is the fact that that first contract--a July 2002 contract for $140,000--netted exactly same amount of money that Mitchell Wade paid for the Duke-stir, a yacht he gave to Duke Cunningham for, um, services rendered. So it looks an awful lot like that contract Wade got with Cheney's office turned into a big bribe for Duke Cunningham.

Josh Marshall revealed last week, that contract was for screening the President's mail:

Today I got a glance at a key section of the book and it reveals that what that contract was really for was for screening the president's mail. 

That's right, screening the president's mail, presumably for Anthrax and other similar biohazards.

[snip]

This afternoon, we've independently confirmed that this is the case. According to a knowledgeable source, the text of the contract itself refers to "threat mail technology insertion" which we believe is spook-speak for screening technology for Anthrax and other biohazards.

Now, that first contract is interesting because of the way it might tie Dick Cheney into the firing of Carol Lam. But there are other contracts that tie MZM right into domestic spying and--if BushCO is anything like the Nixon Administration (ha!), the kind of opposition research that Digby's been talking about. You see, two months after starting its Federal contracting history by working for Dick Cheney, MZM went on to get a big chunk of CIFA business, a now out-of-control domestic spying program run through Defense.

MZM and CIFA

CIFA is, along with the National Security Letters Congress is now cracking down on, probably the biggest abuse of civil rights and privacy BushCo has hatched up. It was designed to gather intelligence on threats to defense installments in the United States--to try to collect information (in the TALON database) on threatening people scoping out domestic bases. But it ended up focusing on peace activists and the lefty blogosphere's own Jesus' General.  70 percent of CIFA's employees are contractors, a figure that makes it a prime candidate for politicized contracting scandal.

In an early post on MZM's CIFA contracts, I said the following:

Back when Nixon was spying on his enemies, he used the agencies of the US government. He was using civil servants subject to congressional oversight to do his dirty work. But the newfangled Republican party learned in Iran-Contra that, if you outsource the dirty work far enough, you're more likely to avoid the oversight that will lead to discovery.

[snip]

So let me connect the dots here. Republican legislators have set up this nifty scheme, whereby their buddies ply them with golf trips, swank real estate deals, and prostitutes. In exchange for that booty, they give their buddies contracts at Defense or Homeland Security or CIA. Spying contracts. Under those spying contracts, the buddies spy on American citizens, even funny bloggers and peaceniks. And although it is known that these buddies are a little sloppy with the way they spy on American citizens, they continue to get more work.

I'd add one wrinkle to my earlier understanding of this "new and improved domestic spying." What if, in this newfangled scheme, you protect the scheme by firing any prosecutors who get too close to discovering the underlying scheme? What if, in order to protect the domestic spying you set up under the guise of a terrorist threat, you set up a way to install politicized US Attorneys using the specter of terrorist threats? Imagine Monica Goodling, opposition research flunky turned top DOJ lawyer, influencing whether or not Carol Lam got the axe before she got to expose the spying for bribery scheme?

It's all speculation at this point, mind you. But a look at my handy-dandy chronology shows that the timing would make sense:

• September 2002, then Deputy Secretary of Defense for Counter-Intelligence Burtt (the guy who resigned yesterday) establishes CIFA to oversee counterintelligence units of the armed services; consulting on the new agency was James King, recently retired director of National Imagery and Mapping Agency and MZM vice president
• Late 2002, Cunningham got Mitchell Wade a data storage contract worth $6 million, of which $5.4 was profit
• January 2004, Cunningham added $16.5 million to defense authorization for a "collaboration center" that appears to include business for Wade's company
• December 2005, Pincus reveals a CIFA database contains raw intelligence data on peace activists (and, presumably, Jesus' General)
• March 2006, prosecutors in the Cunningham case announce they're reviewing CIFA contracts to MZM
• March 2006, Stephen Cambone announces an investigation of CIFA's contracting--the investigation is (like the investigation into Dougie Feith) "ongoing"
• May 2006, Porter Goss resigns under allegations of ties to the Wilkes/Wade bribery ring
• May 2006, House Intelligence Committee (Peter Hoekstra's Committee) first moves to exercise oversight on CIFA
• August 2006, CIFA director and deputy director resign

You see, the DOJ went haywire on Carol Lam in May 2006. In addition to the Cunningham investigation expanding to include Porter Goss and Brent Wilkes and Dusty Foggo and Jerry Lewis at that time, the investigation had also just expanded to include MZM's CIFA contracts. Those same contracts in which MZM helped spy on people the Administration likely considered its enemies.

Again, it's all outamyarse at this point. But Monica Goodling sure seems like the kind of gal who would ensure that DOJ never busted the GOP's own private domestic spying program.

Comments

[John B.]

Hmmm...domestic spying under the radar of Congress and under the aegis of new terrorism related powers...
real slick...

emptywheel and digby researching and sleuthing together...what a team.

you guys rock.

[AZ Matt]

Good work EW. I think while there are still plenty of rocks to be turned over what has been done so far is pretty amazing. Waxman is crushing these frauds in a mannner that requires investment in more popcorn.

Additional USA story now in NYT's on Paul Charlton in Arizona: Crime Intensifies Debate Over Taping of Suspects

[kim]

You've got another great timeline going there EW.

[orionATL]

now this is interesting.

but limited only to honest-to-god "peace activists"? i doubt it.

"peace activists" would just be the best name to use in any public statements about bush spying.

everybody has a mental picture of peace activists as fringe crackpots. no sympathy likely for that group.

but

might a democratic senator or congressman opposing the war be a peace activist?

might a solder writing from iraq be a peace activists?

might european or asian diplomats be peace activists?

cindy sheehan? almost certainly, but she's certainly no crackpot.

anti-war ministers?

anti-war mayors and aldermen?

by now, six years into the bush gang's history, it is entirely appropriate to EXPECT the worst from these boys in any activity they are involved in.

i would bet there is equivalency between:

peace activist =

anti-invasion critic =

anti-bush critic.

[undecided]

What's the underlying purpose of the domestic spying programs? Is it only to get dirt on political enemies, or is that only a byproduct?

Is someone interested in creating the infrastructure to establish and maintain a police state?

[J. Thomason]

EW-I understand that your picture of this matter is far out in front of what I might yet see clearly but I would like to just mention a few things about the footing of moving ahead. I am glad to see you wrapping your thinking around this one. The forensics developed in the Libby episode are helpful here but framing the wrong with respect to the corruption of the DOJ will be indeed require a special skill as the facts again will vast and labyrinthine. Still an innate sense of justice I would think will go far in unravelling this matter. I for one applaud you for staying after "it."

Orrin Hatch says there is no evidence of improper motives, but it is completly within the realm of reasoning established in employment case law to rebut any pretext as to a permissible reason for firing Carol Lam with an inference that the proximity in time of Lam's dismissal and say her closing in on MZM suggests improper motives. Because evidence is circumstantial, this in turn does not render it non-existant. At the very least it gives cause for a "rigorous" inquiry moving forward. And how ready Hatch is to ignore the connections shown between Goodling, Domenici, Rove's staff, Heather Wilson and the comment that Rove made to Gonzales concerning lax prosecution of "voter fraud" cases in three districts which would presumably include my home state New Mexico. I wonder why there was no follow-up. In any event, there is evidence, albeit lots of smoke at this point, certainly beyond the point of sounding the alarm.

The other thing that amazes me is that Sampson gave not one iota of particular testimony, source and substance, with respect to what was said to him about any USA while he was aggregating. Although he feigned earnestness well this obviously intentional dance around the truth is, in my view, utterly egregious and his lack of memory in these respects is not believable.

[whenwego]

EW, you scored a BIG one here. I bet you that you will find even the AT&T spying operation was outsourced to, hold your breath, AT&T!

[P J Evans]

undecided @ 18:21

All of the above. Remember 'you're either with us or against us'? All those speeches (including several by Bush41) equating Democrats/ACLU members/liberals with traitors?

[Dismayed]

And there you have it. I have no difficulty what-so-ever believing your outtamyarse theory, EW. I'm not that worried about the dominos falling at this point. I think Dick, Dope, and Co. are in deep shit. I am, however, facinated with watching the implosion.

[Beel]

EW, this is better, even, than your Plame work.

[jwp]

EW,

I doubt the $140,000 is a coincidence, but I also doubt that Cheney was channeling a bribe to Cunningham. More likely, in my view, Cheney's office was helping to expand an off-the-shelf -- wasn't Wilkes company already established in that role -- and Wade received $140,000. Next, Wade needed a bribe, and offered all that he had.

My guess.

[kspena]

The thinking in this thread, especially the question of why the domestic spying, reminds me of a statement from one of the investigative reporters in the Niger/leak case. I cannot remember who; maybe Dreyfuss or Giraldi. What he said was that the WHIG group, operating out of the VPs office, was not just spinning PR and fantasy; they all had security clearances and were using ill begotten and classified information on their enemies. If that's true, such information would save them the trouble of breaking into someone's office. Just a thought.

[pdaly]

Great timeline!

If the neocons are expert at anything it is enamelling their illegal misdeeds retroactively with legal cover (for other examples, think Cheney's insta-declassification powers & NIE=Plame outing, Bush & torture, etc., etc.)

Given the new vantage point provided by this MZM/USA timeline, do passages in the renewed and "improved" Patriot Act now take on new 'meaning'(i.e., new legal cover for outsourced contractors to provide the WH with material from domestic spying?)

Seems this plan depended on a continued republican majority in Congress to prevent these investigations. But thinking more broadly, what devices could exist today that shelter their crazy machinery from such a change in the political winds or any future uncooperative US President?

A poorly written Tom Clancy novel comes to mind (forgot the title): an "investment company" with ex-intelligence agency types as private contractors with Presidential permission to spy on and kill (with state of the art, untraceable neurotoxins) "evil people" at will, access to NSA intercepts insider Wallstreet trading info to game the system and reap $millions in the stock market to fund black ops thus freeing themselves of Congressional oversight, and a vault in the CEO's office with several pre-signed presidential pardons 'just in case').

Bush once said something like 'There is nothing I wouldn't do to protect the interests of the American people.'

Substitute the words 'American people' with the word 'neocons' and his statement has the ring of truth.

[tryggth]

The dangerous thing when you they started spidering those connections was that a database would be created that archived the links. Very important to make sure that some second node pizza parlor didn't lead to something unpleasant.

Either plug into the search algorithm, or prune the database.

[Kenevan McConnon]

Rather than use the term "outamyarse," I would recommend "rectal estimate." More exact. Also, it is important to note that an Emptywheel "rectal estimate" is far more reliable than a KCM "shart."

[junior birdman]

" ... then Deputy Secretary of Defense for Counter-Intelligence Burtt ( the guy who resigned yesterday ) .... "

do you have a link for this ?

[Mauimom]

Joe Conason has a great article up on the need for the Dems to continue digging (and the Cocktail Weenies' always-wrong advice not to).

http://www.observer.com/20070402/20070402_Joe_Conason_opinions_conason.asp

[Bugboy]

Come on folks keep your eye on the ball, at least part of this story is life-time Federal judiciary appointments, which I am convinced was what "Buzzsaw" Goodling and "Mini-Me" Sampson were being groomed for, on the outside chance that they might luck out on a SCOTUS post.

There's more rot to this below the surface, I don't know how one would go about looking at it but someone needs to analyze Fed bench appointments over the last few years and projected vacancies for the next 2.

[emptywheel]

junior birdman

That reference goes back to the post from which I took the chronology, from last AUgust.

In any case, here is the article.

[phred]

I'm not convinced that Abu is still around because of Bush's legendary loyalty. There is one person Bush cares about and that is himself. If it served his interests he'd cut Gonzales loose faster than you could say heckofajob. Gonzales still serves a very very useful purpose -- he's buying Bush time. EW I think your speculation lies very close to the mark. Everything Rove has done has been in service of establishing their Permanent Majority. That objective can only be reached through political manipulation, which includes redistricting, purging voter rolls, trumped up charges of voter fraud, and now, quite probably spying on the opposition. The only hope these guys have now is 2008 and they will go down swinging. As long as Gonzales stays put the spying can continue unabated leading up to the election. Gonzales will not resign and he will not be fired. Ultimately Congress will have to impeach him and the longer that takes the better for Rove et al.

[Mimikatz]

It's not only one thing, unless that one thing is the Permanent Republican Majority. It is gathering oppo data, and funneling contracts to people who can be shaken down for campaign cash, and fixing elections, and getting favorable US Attorneys, and getting friendlies in the judiciary so that none of it can ever be prosecuted.

[junior birdman]

thanks for the link / clarification.

i was confused - my apologies.

[makesenseofit]

This administration will make the Nixon administration look like
happy meal once its all said and done.

[Henry]

1966,Paterson,N.J. Got ataste of identifying a terrorist dead.The sick lesson was never learn no one lied and learned,do not thank or say sorry,find a slightly different path no matyer how slight,change is unavoidable.A hero in the mis,good triumphs.information,sixteen years before 11 September 2001 ,handed to local authority ,wealthest buisness men also knew all buisness owners in Paterson,N.J. also knew.look for me on the blacklist known to teamsters,U.S. government,and local and forieghn criminals