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Risen Gets Subpoenaed for Merlin Story. Again.

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Charlie Savage reports that James Risen just got subpoenaed to reveal the source for the chapter of his book, State of War, in which he described a wacky effort to sell Iran faulty blueprints for a nuclear bomb.

The Obama administration is seeking to compel a writer to testify about his confidential sources for a 2006 book about the Central Intelligence Agency, a rare step that was authorized by Attorney General Eric H. Holder Jr.The author, James Risen, who is a reporter for The New York Times, received a subpoena on Monday requiring him to provide documents and to testify May 4 before a grand jury in Alexandria, Va., about his sources for a chapter of his book, “State of War: The Secret History of the C.I.A. and the Bush Administration.” The chapter largely focuses on problems with a covert C.I.A. effort to disrupt alleged Iranian nuclear weapons research.

Mr. Risen referred questions to his lawyer, Joel Kurtzberg, a partner at Cahill Gordon & Reindel L.L.P., who said that Mr. Risen would not comply with the demand and would ask a judge to quash the subpoena.

That’s really weird, because (as Savage notes) the same thing happened two years ago.

A federal grand jury has issued a subpoena to a reporter of The New York Times, apparently to try to force him to reveal his confidential sources for a 2006 book on the Central Intelligence Agency, one of the reporter’s lawyers said Thursday.The subpoena was delivered last week to the New York law firm that is representing the reporter, James Risen, and ordered him to appear before a grand jury in Alexandria, Va., on Feb. 7.

Mr. Risen’s lawyer, David N. Kelley, who was the United States attorney in Manhattan early in the Bush administration, said in an interview that the subpoena sought the source of information for a specific chapter of the book “State of War.”

The chapter asserted that the C.I.A. had unsuccessfully tried, beginning in the Clinton administration, to infiltrate Iran’s nuclear program.

The two big differences (note that both of Risen’s named lawyers are at the same firm) are the new Attorney General and the new prosecutor: Read more →

Lichtblau and Risen Report Illegal Wiretapping of Americans … Again

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It’s pretty pathetic that, three years after they first broke the story of the Bush’s illegal wiretap program, Eric Lichtblau and James Risen are still reporting on illegal warrantless wiretapping of Americans.

Their story has two main revelations. First, in preparation for Holder’s first semi-annual certification of the FISA program to the FISC, NSA realized it was not complying with the law.

In recent weeks, the eavesdropping agency notified members of the congressional intelligence committees that it has encountered operational and legal problems in complying with the new wiretapping law, according to congressional officials .

Officials would not discuss details of the over-collection problem because it involves classified intelligence-gathering techniques. But the issue appears focused in part on technical problems in the N.S.A.’s inability at times to distinguish between communications inside the United States and those overseas as it uses its access to American telecommunications companies’ fiber-optic lines and its own spy satellites to intercept millions of calls and e-mails.

One official said that led the agency to inadvertently “target” groups of Americans and collect their domestic communications without proper court authority.

Sort of funny how this illegal collection wasn’t discovered six months ago, while Bush was still in charge, huh?

From the sounds of things, though, this was not just a technical violation–it flouted the few protections included in the FISA Amendment Act for civil liberties (which almost certainly means minimization, because there aren’t many other civil liberties protections in FAA). 

Notified of the problems by the N.S.A., officials with both the House and Senate intelligence committees said they had concerns that the N.S.A. had ignored civil liberties safeguards built into last year’s wiretapping law.

In addition to these ongoing violations of Americans’ privacy, the ongoing Inspector General investigation has discovered more troubling incidents when the warrantless wiretapping program was deliberately used under Bush to target–among other people–a Congressman traveling overseas.

As part of that investigation, a senior F.B.I. agent recently came forward with what the inspector general’s office described as allegations of “significant misconduct” in the surveillance program, people with knowledge of the investigation said. Those allegations are said to involve the question of whether the N.S.A. targeted Americans in eavesdropping operations based on insufficient evidence tying them to terrorism.

And in one previously undisclosed episode, the N.S.A. tried to wiretap a member of Congress without a warrant, according to a U.S. intelligence official with direct knowledge of the matter.

Read more →

Bushco Rolled Out A Parade Of Liars To Squelch Lichtblau, Risen & NYT

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A fairly significant article just posted at Slate by Eric Lichtblau on the jaded history of the publication, and withholding of publication for well over a year, of his and Jim Risen’s seminal story on the criminal warrantless wiretapping by the Bush Administration. Some of it we knew, some of it we guessed and some of it is first impression. As a whole however, it is stunning to digest.

For 13 long months, we’d held off on publicizing one of the Bush administration’s biggest secrets. Finally, one afternoon in December 2005, as my editors and I waited anxiously in an elegantly appointed sitting room at the White House, we were again about to let President Bush’s top aides plead their case: why our newspaper shouldn’t let the public know that the president had authorized the National Security Agency, in apparent contravention of federal wiretapping law, to eavesdrop on Americans without court warrants.
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As the door to the conference room opened, however, a slew of other White House VIPs strolled out to greet us, with Secretary of State Condoleezza Rice near the head of the receiving line and White House Counsel Harriet Miers at the back.
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The risk to national security was incalculable, the White House VIPs said, their voices stern, their faces drawn. "The enemy," one official warned, "is inside the gates." The clichés did their work; the message was unmistakable: If the New York Times went ahead and published this story, we would share the blame for the next terrorist attack.
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That shared skepticism would prove essential in the Times’ decision to run the story about Bush’s NSA wiretapping program. On that December afternoon in the White House, the gathered officials attacked on several fronts. There was never any serious legal debate within the administration about the legality of the program, Bush’s advisers insisted. The Justice Department had always signed off on its legality, as required by the president. The few lawmakers who were briefed on the program never voiced any concerns. From the beginning, there were tight controls in place to guard against abuse. The program would be rendered so ineffective if disclosed that it would have to be shut down immediately.

All these assertions, as my partner Jim Risen and I would learn in our reporting, turned out to be largely untrue.

Go read the entire article, it and you deserve nothing less. There was one great little aside that Read more →

Risen's Delayed Scoop?

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Risen Makes Editors Sign a Non-Disclosure Agreement

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The increasingly indispensible NY Observer Off the Record reports this week that James Risen required his NYT editors to sign a non-disclosure agreement before they could see the manuscript for his book. And they didn’t see the manuscript until after they decided to run the wiretap story.

When they decided to send the long-gestating N.S.A. piece to press in December, Timeseditors couldn’t confirm whether Mr. Risen’s manuscript contained thewiretapping story or not. In the end, they didn’t see the book until aweek before it was in bookstores.Through several months in late 2005, Mr. Risen and bureau chief Phil Taubman had clashed over whether Timeseditors would get a preview of the book’s closely guarded contents,sources said. It was not until Dec. 27—11 days after the wiretappingstory had run—that Mr. Risen relented and allowed Mr. Taubman to seethe manuscript. Mr. Risen insisted that senior editors who viewed thepre-publication copy sign nondisclosure agreements and agree not todiscuss the book’s contents.

This news adds an intriguing wrinkle to speculation surrounding the publication of the NYT scoop. Was Risen withholding his manuscript in order to force the NYT into publishing the story? Did he violate NYT’s ethical guidelines in order to ensure the stories he tells in State of War got to print?