CIA’s Drone Cowboys Complaining about “General Betrayus”

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Remember when it was verboten to criticize David Petraeus, particularly in anticipation of his testimony to Congress?

Apparently it’s okay to do so if you run a secret killer drones program. While couched in anonymous sources, this story provides a forum for members of CIA’s counterterrorism center and their congressional backers to insinuate that David Petraeus has betrayed the CIA’s ability to wantonly kill Pakistanis.

The CIA is infamous for challenging outsiders, especially from the Pentagon, and Petraeus has won plaudits for not bringing his former military aides to his new job. Some officials close to the agency praise major espionage operations he has approved but say he has clashed with senior officers at the counter-terrorism center, a powerful fiefdom inside the agency that helps run the covert drone war.

Those officers are frustrated by the drop-off in drone strikes in Pakistan, including an undeclared two-month moratorium that ended Jan. 11, according to several current and former U.S. officials. In interviews, one member of Congress and four senior aides from the House and Senate committees said they were upset as well.

I guess the CIA considers trying to keep our relationship with a nuclear armed Pakistan intact a character flaw.

Now there is actually a complaint in here of concern.

Several aides on the House and Senate committees, however, say Petraeus has not always accommodated lawmakers’ schedules when he plans classified briefings and has limited the briefings’ duration so some questions go unanswered.

The aides, who asked for anonymity while discussing classified briefings, said he also has balked at providing some classified information that members have requested. They declined to provide details.

Mind you, Dianne Feinstein–in the article as well as her statement at the hearing (which you can watch here)–refuted the statement. Which I take to suggest that Petraeus is making ample use of the Gang of Four, briefing DiFi and Saxby Chambliss, but not other members of the committee.

Dennis Ross’ Red Phone

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Ha’aretz reported today that, as part of an ongoing unpaid consulting gig with the Administration, Dennis Ross has a secure phone that allows him to discuss classified issues with the White House.

Apparently, a short while after Ross left his position in the Obama administration, the White House made an unusual request to install a secure phone line in Ross’ office at the Washington Institute. The secure line is known in Israel as a “red phone”, which could be used to discuss confidential information without the risk of wiretapping.

[snip]

During his visit to Israel last week, Ross met secretly with Prime Minister Benjamin Netanyahu as well as with his advisor Yitzhak Molho. American officials estimated that Ross’ talks with Netanyahu are on behalf of President Obama, and part of a channel of communication that bypasses the government.

Here’s what State Department spokeswoman had to say about the arrangement on Friday.

QUESTION:And one more. Are you aware of discussions that former advisor to President Obama, Dennis Ross, is having in Israel with Prime Minister Netanyahu and his advisor Yitzhak Molcho on possible ways out of this – the current stalemate?

MS. NULAND: I’ve heard about this, but I can’t speak to the mission. You know Dennis Ross is now a private citizen, but he also has an association with the White House as an unpaid advisor. So I’m going to send you to the White House in terms of how this might —

QUESTION: There’s been allegations —

MS. NULAND: Yeah.

QUESTION: — that there’s been – some people are claiming – the claim has been made that Mr. Ross, in coordination with the White House, is bypassing the State Department in these separate – could you comment on that?

MS. NULAND: Well, start with the fact that the White House and the State Department are in lockstep on these policies, and have been from the beginning. And Dennis Ross has been an advisor in this process. He’s now an unpaid advisor. So we don’t see it that way, but I’m going to send you to the White House with regard to his specific mission. [my emphasis]

Now, I’m actually more alarmed by the way Nuland kept repeating that Ross was unpaid than by claims that he’s being used by the White House as a side-channel for negotiations, though both concern me. Having Ross conduct negotiations as a private citizen seems designed to sidestep oversight and/or the involvement of career professionals who might advocate sane positions.

I’m particularly interested in the story given the Adam Werritty scandal in the UK, in which the Defense Secretary Liam Fox resigned after it was shown he had given Werritty undue access, including meetings in Israel, deemed private, attended by the British Ambassador to Israel, Matthew Gould, and Mossad.

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Iran Repeats Claim Research Reactor Fuel Plates Object of Enrichment as IAEA Visit Could Be Extended

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It has generally been viewed as a positive development that Iran has agreed to new visits from the IAEA to help ease the tension surrounding its nuclear program. Especially encouraging is a report in the New York Times this morning that Iran has asked the IAEA to extend the current visit that is underway:

Iran’s foreign minister was reported on Monday to have offered to extend a three-day visit to his country by United Nations inspectors in what seemed a further attempt to lower the strident tone of a crisis with the West over Tehran’s nuclear program following the imposition of new economic sanctions.

But the Times moved quickly to caveats on this potential good news. The next paragraph:

But it was not clear whether the offer was part of what European officials have termed efforts by Tehran to buy time while continuing uranium enrichment. Iran says the nuclear program is for peaceful purposes while Western leaders say Tehran is seeking to build nuclear weapons.

One key development the Times misses in this coverage is an announcement relating to the use of the uranium enriched to 20%, which has been at the heart of the current disagreements. Fars News reports today that Iran is putting the finishing touches on nuclear fuel plates for a research reactor that produces medical isotopes. Iran has claimed all along that the 20% enriched uranium was needed to produce new fuel plates for this reactor. Fabrication and installation of these plates would preclude the uranium in those plates being further enriched to weapons grade. From Fars News:

Iranian Foreign Minister Ali Akbar Salehi stressed the country’s ability to convert enriched uranium into fuel plates to supply fuel for the Tehran research reactor, saying the first consignment of 20-percent enriched fuel for the reactor will be ready in the coming months. Read more →

Leon Panetta and the Pakistani Doctor: Yet More Double Standards on Classified Information

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As the Bill Gertz article I reexamined the other day made clear, Leon Panetta became personally involved in the CIA’s efforts to investigate detainee lawyers who were trying to track down their clients’ torturers.

CIA Director Leon E. Panetta and his chief of staff, Jeremy Bash, a former chief counsel for the House intelligence committee, at first were unaware of both the scope and seriousness of the case.

However, both officials began addressing the matter after inquiries were made from members of Congress. Since then, Mr. Panetta and Mr. Bash are getting regular updates on the dispute, said the officials.

As a result of that investigation, former CIA officer John Kiriakou was charged last week.

Consider the damage Kiriakou is alleged to have done:

  • Some lawyers with Top Secret clearance submitted a sealed filing naming a covert officer involved in the torture of 9/11 defendants. The lawyers pointedly did not photograph this officer in an effort to shield his identity. And his name was never made public.
  • Using information gained from Kiriakou and around 23 other sources (including former CIA Executive Director Buzzy Krongard), Scott Shane wrote an article detailing Deuce Martinez’ role in the interrogation of Khalid Sheikh Mohammed and others. And while Martinez’ association with the torture program was classified, his identity was not. Furthermore, by the time of the article, Martinez was working for Bruce Jessen and James Mitchell’s contracting firm, making it a pretty safe bet that he was involved in interrogation, even interrogations involving torture.
  • Subsequent to this article based on information from Kiriakou and 23 other people, the 9/11 detainees saw pictures of Martinez; assuming Shane’s article is accurate, they had already interacted with Martinez personally.
  • In that article, Shane included details about the “magic box” technology used to locate Abu Zubaydah. Information on that “magic box” technology and similar ones has been publicly available for decades, meaning the only secret here is that CIA uses it (!) and called it something as stupid as “magic box.”

That’s it. That’s the reported outcome of John Kiriakou’s leaks. And for that he faces prison time of up to 20 years.

Meanwhile, tomorrow the above clip will be shown on 60 Minutes, showing Panetta confirming that the Pakistani doctor who conducted fake vaccinations in Abbottabad, Pakistan in order to get a glimpse into Osama bin Laden’s compound was, in fact, working for the CIA.

Panetta also acknowledged that Shikal Afridi, the Pakistani doctor conducting health tests in the village in an effort to collect DNA and verify bin Laden’s presence, was in fact working for the U.S. Afridi was arrested and charged with treason by the government of Pakistan. “I’m very concerned about what the Pakistanis did with this individual…who in fact helped provide intelligence that was very helpful with regards to this operation,” says Panetta. “He was not in any way treasonous towards Pakistan…Pakistan and the United States have a common cause here against terrorism…and for them to take this kind of action against somebody who was helping to go after terrorism, I just think is a real mistake on their part,” he tells Pelley.

Not only does this presumably put more pressure on Pakistan to convict Afridi of treason (he remains in custody), but it exacerbates the problem of having used a vaccination campaign as cover in the first place, confirming on the record that similar campaigns in poor countries might be no more than a CIA front.

I presume someone in the White House gave Panetta permission to go blab this on 60 Minutes; I assume he’s in no more legal jeopardy than Dick Cheney was when he insta-declassified Valerie Plame’s identity.

But shit like this discredits every single claim national security experts make about the need for secrecy. I mean, how are CIA officers ever going to recruit any more assets when the assets know that the CIA director may, at some time in the future that’s politically convenient, go on 60 Minutes and confirm the relationship?

The Evolution of Patrick Fitzgerald’s Investigation into Torturer Disclosures

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Back in the CIA Leak Investigation days, we learned some interesting things from the changes in Patrick Fitzgerald’s authority to serve as Special Counsel. So when the Jon Kiriakou complaint the other day mentioned that Fitzgerald’s authority for that investigation had been changed twice…

By letter dated March 8, 2010, Patrick J. Fitzgerald, the United States Attorney for the Northern District of Illinois, was appointed Special Attorney to supervise the investigation pursuant to Title 28, United States Code, Section 515, subject to the supervision of the Deputy Attorney General.

The March 8, 2010 letter, as supplemented and amended on July 14, 2010 and clarified by letter dated May 27, 2011, delegates authority to conduct an investigation and any related prosecutions in connection with any matter arising out of the Department of Defense seizures of certain photographs from Guantanamo Bay detainees.

…It made me wonder whether those authorization letters would explain how this investigation moved from targeting detainee lawyers to targeting a former CIA officer, Jon Kiriakou. I also wondered whether it would tell us anything about whether Fitzgerald used the new DIOG guidelines to get reporter contacts with National Security Letters.

Alas, the letters–March 8, 2010; July 14, 2010; May 27, 2011–don’t answer the latter question. But they do show an interesting evolution over time.

As a reminder of where this all started, it’s worth reading this March 15, 2010 Bill Gertz article which was, AFAIK, the first public report of the investigation into the John Adams Project. It describes a March 9, 2010 meeting between Fitzgerald and the CIA.

The dispute prompted a meeting Tuesday at CIA headquarters between U.S. Attorney Patrick J. Fitzgerald and senior CIA counterintelligence officials. It is the latest battle between the agency and the department over detainees and interrogations of terrorists.

[snip]

According to U.S. officials familiar with the issue, the current dispute involves Justice Department officials who support an effort led by the American Civil Liberties Union to provide legal aid to military lawyers for the Guantanamo inmates. CIA counterintelligence officials oppose the effort and say giving terrorists photographs of interrogators has exposed CIA personnel and their families to possible terrorist attacks.

[snip]

According to the officials, the dispute centered on discussions for a interagency memorandum that was to be used in briefing President Obama and senior administration officials on the photographs found in Cuba.Justice officials did not share the CIA’s security concerns about the risks posed to CIA interrogators and opposed language on the matter that was contained in the draft memorandum. The memo was being prepared for White House National Security Council aide John Brennan, who was to use it to brief the president.

The CIA insisted on keeping its language describing the case and wanted the memorandum sent forward in that form.

That meeting, of course, would have taken place the day after Fitzgerald was appointed. So immediately after Fitzgerald got put in charge of this investigation, he presumably moderated a fight between DOJ, which didn’t think detainee lawyers pursuing their clients’ torturers via independent means threatened to expose the torturers’ identity directly, and CIA, which apparently claimed to be worried.

At that point in the investigation, Fitzgerald’s mandate was very preliminary.

You are hereby appointed as a Special Attorney to the United States Attorney General pursuant to 28 U.S.C. § 515. In this capacity, you will investigate and determine whether criminal charges are appropriate in connection with any matter arising out of the Department of Defense seizures of certain photographs from Guantanamo Bay detainees.

By July 14, however, it appears that Fitzgerald determined there might be something worth prosecuting.

This letter supplements and amends your appointment as Special Attorney to the United States Attorney General and specifically authorizes you to conduct in the District of Columbia or any other judicial district of the United States any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrates, which United States Attorneys are authorized to conduct.

This supplement, note, was issued slightly more than 18 months ago (some grand jury terms are 18 months long).

So Fitzgerald identified a potential crime 18 months ago and only now is charging (but not yet indicting) someone? That might suggest, by the way, that Fitzgerald got this authority to use a grand jury to force people–perhaps the detainee investigators–to cooperate.

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Latif and the Misattribution Problem: “All Arabs Look the Same”

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I’m going to have at least two more posts on Adnan Farhan Abd Al Latif (for background see this post), both in response to this post from Mark Denbeaux and Ben Wittes’s response to it.

In this post, I want to demonstrate a possible mistaken assumption many of us have been making as we try to read through the redactions, which is that the only source of potential irregularity in the document at the heart of Latif’s habeas case may have arisen out of translation problems.

Denbeaux describes what he believes the circumstances of the report at the heart of the Latif case to be.

To illuminate how the presumption works, the majority utilizes a hypothetical that does not properly apply to Latif’s case. The hypothetical depicts a government intelligence officer taking the statement of a third party informant. The majority would have us presume that the officer accurately wrote down what the third party informant said, though not presuming the informant’s statement was itself true. This seems to make sense until you apply it to the facts of Latif. A fair and thorough reading of the opinion suggests that the document and information being redacted is a report from an interrogation of Latif that contains opponent-party admissions. The interrogation likely involved an interrogator, a translator, and Latif. Thus, the third party informant in the majority’s hypothetical is Latif himself.

But that’s not exactly what Janice Rogers Brown wrote in the majority opinion in this case. In addition to requiring us to presume that the officer accurately wrote down what the third party informant said, she also wants us to presume that the government officer accurately identified the source.

The confusion stems from the fact that intelligence reports involve two distinct actors-the non-government source and the government official who summarizes ( or transcribes) the source’s statement. The presumption of regularity pertains only to the second: it presumes the government official accurately identified the source and accurately summarized his statement, but it implies nothing about the truth of the underlying non-government source’s statement. [my emphasis]

That’s an important distinction because there are hints that misattribution might be a significant issue in this case as well.

First, the government reply to the Circuit Court tries to refute just that possibility along with mistranslation. “Those similarities – which square with the external evidence about [redacted] make it highly unlikely the report resulted from a mistranslation or misattribution” (PDF 8)

Then, even going back to Latif’s CSRT in 2004–at which the allegations he fought at Kabul, the same allegations at issue here, were presented–he insisted he was not the person referred to in the unclassified summary of charges against him.

I told you I wasn’t the person they were referring to. I never went to the places that you said I did. I am not the person this case is based on.

Also remember that the government is not relying on a discrete, self-contained report on Latif alone. Rather, it has presented just fragments of a larger report, as David Tatel noted in his dissent.

The Report’s heavy redactions–portions of only [redacted] out of [redacted] pages are unredacted–make evaluating its reliability more difficult. The unredacted portions nowhere reveal whether the same person [one and a half lines redacted] or whether someone else performed each of these tasks. And because all the other [redacted] in the Report are redacted, the district court was unable to evaluate the accuracy of [redacted] by inquiring into the accuracy of the Report’s [redacted].

That’s important because several of the intelligence reports reporting on detainees Pakistan turned over to the US in December 2001 are group reports (I’ve determined this by searching on the report name among Gitmo files). TD-314/00684-02, which I suspect is the report in question, includes reports from at least 9 detainees. TD-314/00685-02 (obviously, a closely related report) refers to at least 7 detainees. Another, TD-314/00845-02, catalogs the transfer of at least 8 detainees (a number of whom are also mentioned in TD-314/00684-02)  from Pakistani to American custody. And IIR 7 739 3396 02 lists 84 detainees purportedly captured with Ibn Sheikh al-Libi. That is, even if I’m incorrect in my supposition that TD-314/00684-02 is the report in question, chances are quite good that the report deals with multiple detainees in the same report and the redactions Tatel describes serve to hide the other detainee stories told in the same report.

Furthermore, the internal distinctions between detainees in these reports do not appear to be clear cut. Read more →

What If Obama Sent SEAL Team 6 after Online Pirates?

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Let me start by saying that Jessica Buchanan, the American aid worker rescued with her Danish colleague from pirates last night by SEAL Team 6 in Somalia, sounds like a selfless woman; I’m happy for her and her family she is now safe.

But the rescue got me thinking about our country’s efforts to combat two types of pirates: those who exploit lawless areas around the globe to kidnap ships or people for ransom, and those who exploit international boundaries to evade copyright laws. So I wanted to look more closely at what went on here. I’m not sure either approach we’re using works (and I’m quite certain that SOPA would be worse), but I am interested in taking a step back and thinking about piracy in general.

First, the details. Here is Defense Secretary Panetta’s statement. President Obama released this statement on the raid.

On Monday, I authorized an operation to rescue Jessica Buchanan, an American citizen who was kidnapped and held against her will for three months in Somalia. Thanks to the extraordinary courage and capabilities of our Special Operations Forces, yesterday Jessica Buchanan was rescued and she is on her way home. As Commander-in-Chief, I could not be prouder of the troops who carried out this mission, and the dedicated professionals who supported their efforts.

Jessica Buchanan was selflessly serving her fellow human beings when she was taken hostage by criminals and pirates who showed no regard for her health and well-being. Last night I spoke with Jessica Buchanan’s father and told him that all Americans have Jessica in our thoughts and prayers, and give thanks that she will soon be reunited with her family. The United States will not tolerate the abduction of our people, and will spare no effort to secure the safety of our citizens and to bring their captors to justice. This is yet another message to the world that the United States of America will stand strongly against any threats to our people.

Buchanan and her colleague are just 2 of 150 western hostages held by groups described as Somali pirates

Obama said we would not tolerate the abduction of our people, but Buchanan has been in custody since October 25.

And this operation freed just two of 150 hostages currently held by groups described as Somai pirates. Hostages include Indian, South Korean, Filipino, and Danish sailors, as well as a British tourist and two Spanish medics kidnapped in Kenya. These hostages, of course, remain in custody.

Then there’s the American freelance journalist taken hostage Saturday from the same area, Galkayo, from where Buchanan was kidnapped last October.

Several local leaders in Galkayo had just returned from trying to secure the release of another American, a freelance journalist who was kidnapped last week in Galkayo. He remains in captivity in Hobyo, a pirate den on the Somali coast, because the pirates holding him refuse to let him go without a hefty ransom.

I would suggest his presence raises questions about what the ultimate goal for the raid was. Was it just Buchanan’s rescue, or the journalist’s, too?

Reuters quotes a local leader, currently negotiating for the release of the journalist, as saying that 12 helicopters remain on the ground.

“About 12 U.S. helicopters are now at Galkayo. We thank the United States. Pirates have spoilt the whole region’s peace and ethics. They are mafia,” Mohamed Ahmed Alim, leader of the Galmudug region, told Reuters.

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CIA Ousts Another Officer Working on Iran because of Political Shitstorm

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Remember how Dick Cheny outed Valerie Plame and in the process hurt our efforts to prevent Iran from getting nukes?

And since then, Iran has just been working away, allegedly, to get nukes?

Well, at a time when much of the national security establishment is drumming up war against Iran, they’ve done it again.

A senior CIA analyst resigned Tuesday amid accounts that she had been pressured to step down after her husband — a former agency employee — was charged with leaking classified information to the press.

Heather Kiriakou had served as a top analyst on some of the most sensitive subjects that the agency tracks, including leadership developments in Iran. Her husband, John, faces a maximum of 30 years in prison after being accused of disclosing details about secret CIA operations as well as the identities of undercover officers.

Two sources in direct contact with the Kiriakous said that Heather had submitted her resignation under pressure from superiors at the CIA.

Because in this government, it’s far more important to prosecute someone for publishing information about the “magic box”–technology which has been publicly available for years–than it is to ensure we have sound analysis about what Iran is doing.

Or maybe that’s the whole point.

Osama bin Laden: “I am Alpha and Omega”

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I am Alpha and Omega, the beginning and the end, the first and the last. (Revelation 22:13)

Barack Obama’s State of the Union, first 100 words:

Last month, I went to Andrews Air Force Base and welcomed home some of our last troops to serve in Iraq.  Together, we offered a final, proud salute to the colors under which more than a million of our fellow citizens fought – and several thousand gave their lives.

We gather tonight knowing that this generation of heroes has made the United States safer and more respected around the world.  For the first time in nine years, there are no Americans fighting in Iraq.  For the first time in two decades, Osama bin Laden is not a threat to this country.

Barack Obama’s State of the Union, last 343 words:

One of my proudest possessions is the flag that the SEAL Team took with them on the mission to get bin Laden.  On it are each of their names.  Some may be Democrats.  Some may be Republicans.  But that doesn’t matter.  Just like it didn’t matter that day in the Situation Room, when I sat next to Bob Gates – a man who was George Bush’s defense secretary; and Hillary Clinton, a woman who ran against me for president.

All that mattered that day was the mission.  No one thought about politics.  No one thought about themselves.  One of the young men involved in the raid later told me that he didn’t deserve credit for the mission.  It only succeeded, he said, because every single member of that unit did their job – the pilot who landed the helicopter that spun out of control; the translator who kept others from entering the compound; the troops who separated the women and children from the fight; the SEALs who charged up the stairs.  More than that, the mission only succeeded because every member of that unit trusted each other – because you can’t charge up those stairs, into darkness and danger, unless you know that there’s someone behind you, watching your back.

So it is with America.  Each time I look at that flag, I’m reminded that our destiny is stitched together like those fifty stars and those thirteen stripes.  No one built this country on their own.  This Nation is great because we built it together.  This Nation is great because we worked as a team.  This Nation is great because we get each other’s backs.  And if we hold fast to that truth, in this moment of trial, there is no challenge too great; no mission too hard.  As long as we’re joined in common purpose, as long as we maintain our common resolve, our journey moves forward, our future is hopeful, and the state of our Union will always be strong.

Thank you, God bless you, and may God bless the United States of America.

Did the Government “Know Who Journalists Are Talking To” in the Kiriakou Investigation?

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As I laid out in this post, the complaint in the Jon Kiriakou case shows that the Patrick Fitzgerald-led investigative team could have found Kiriakou as the ultimate source for some Gitmo detainee lawyers’ information on two people associated with the torture program without accessing journalists’ communications directly (though the FBI has the contents two of Kiriakou’s email accounts, which likely contain a great deal of communication with journalists).

The sole possible exceptions are two emails between Journalist A and the Gitmo detainee lawyers’ investigator:

At 11:31 a.m. on August 19, 2008, approximately two hours after KIRIAKOU disclosed Covert Officer A’s last name to Journalist A, Journalist A sent an email to the defense investigator referenced above that contained Covert Officer
A’s full name in the subject line. The email further stated: “His name is [first and last name of Covert Officer A].” At 1:35 p.m., Journalist A sent a final email to the defense investigator in which he stated: “my guy came through with his memory.” Neither Journalist A nor any other journalist to my knowledge has published the name of Covert Officer A.

[snip]

For example, in an email dated April 10, 2008, Journalist A provided the defense investigator with Officer B’s home phone number.

The implication in the complaint is that the FBI got these emails from the investigator. But unlike Kiriakou’s emails, which it explains were, “recovered from search warrants served on two email accounts associated” with Kiriakou, the complaint doesn’t explain how and from whom the FBI obtained the emails between Journalist A and the defense team investigator.

Nevertheless, the complaint provides fairly innocuous possible explanations for how the FBI got a whole lot of emails involving journalists for this investigation. So maybe we have nothing to worry about.

Or maybe we do. It is also possible the government collected all communications within two degrees of separation from the defense investigator–thereby exposing a wide range of journalists’ sources–and we’d never know it.

That’s true for two reasons.

First, because this investigation is the first known leak investigation that has extended into the period–post October 15, 2011–during which the new Domestic Investigation and Operations Guide was in effect. The new DIOG made it a lot easier to use National Security Letters to get the contact information of journalists in investigations, like this one, with a national security nexus.

[T]he new DIOG seems to make it a lot easier to get news media contact records in national security investigations. A heavily-redacted section (PDF 166) suggests that in investigations with a national security nexus (so international terrorism or espionage, as many leak cases have been treated) DOJ need not comply with existing restrictionsrequiring Attorney General approval before getting the phone records of a journalist. The reason? Because NSLs aren’t subpoenas, and that restriction only applies to subpoenas.

Department of Justice policy with regard to the issuances of subpoenas for telephone toll records of members of the news media is found at 28 C.F.R. § 50.10. The regulation concerns only grand jury subpoenas, not National Security Letters (NSLs) or administrative subpoenas. (The regulation requires Attorney General approval prior to the issuance of a grand jury subpoena for telephone toll records of a member of the news media, and when such a subpoena is issued, notice must be given to the news media either before or soon after such records are obtained.) The following approval requirements and specific procedures apply for the issuance of an NSL for telephone toll records of members of the news media or news organizations. [my emphasis]

So DOJ can use NSLs–with no court oversight–to get journalists’ call (and email) records rather than actually getting a subpoena.

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