Some very disturbing new findings about the extent to which the  US government uses the vast power of its surveillance apparatus to tackle suspected domestic crime. Of course, up until this point we had been reassured that the draconian collection of telecommunications metadata and the full-on tapping of telephone calls and online communications was used only to help prosecute the “War On Terror”. This has now been revealed to be a total sham.

Rachel Maddow breaks down the extent of this surreptitious, lawless activity on her show:

 

And Reuters reports:

Reuters has uncovered previously unreported details about a separate program, run by the U.S. Drug Enforcement Administration, that extends well beyond intelligence gathering. Its use, legal experts say, raises fundamental questions about whether the government is concealing information used to investigate and help build criminal cases against American citizens.

The DEA program is run by a secretive unit called the Special Operations Division, or SOD. Here is how NSA efforts exposed by Snowden differ from the activities of the SOD:

Purpose of the programs

NSA: To use electronic surveillance to help the Federal Bureau of Investigation catch terrorists, the U.S. military fight wars, and the Central Intelligence Agency collect intelligence about foreign governments.

SOD: To help the DEA and other law enforcement agents launch criminal investigations of drug dealers, money launderers and other common criminals, including Americans. The unit also handles global narco-terrorism cases.

So to be perfectly clear – the United States government has explicitly decided to allow this vast spying program to be turned inwards to aid local law enforcement in their daily mundane activities. According to the (already flimsy) assurances that we were given when Edward Snowden blew the whistle on the NSA’s secret programmes, the spying apparatus was to be used only to seek out and intercept communications between non-US citizens that represented a terrorism threat. But it turns out that this is not the case. If an intelligence analyst happens to eavesdrop on your telephone call and finds out that you want to (hypothetically) buy some pot from your friendly local drug dealer, that information might then be surreptitiously passed on to the DEA, who could then come and raid your home. Based on intelligence which they have no right to be privy to.

But worst of all is this bombshell:

Disclosure to the accused

NSA: Collection of domestic data by the NSA and FBI for espionage and terrorism cases is regulated by the Foreign Intelligence Surveillance Act. If prosecutors intend to use FISA or other classified evidence in court, they issue a public notice, and a judge determines whether the defense is entitled to review the evidence. In a court filing last week, prosecutors said they will now notify defendants whenever the NSA phone-records database is used during an investigation.

SOD: A document reviewed by Reuters shows that federal drug agents are trained to “recreate” the investigative trail to conceal the SOD’s involvement. Defense attorneys, former prosecutors and judges say the practice prevents defendants from even knowing about evidence that might be exculpatory. They say it circumvents court procedures for weighing whether sensitive, classified or FISA evidence must be disclosed to a defendant.

Local and federal law enforcement officers are actually being trained – instructed – to cover up the fact that the evidence they use to come and arrest you was unlawfully shared by the folks at the NSA. Apparently the clinical, non-threatening term for this is “recreating the investigative trail”. So rather than going to court and admitting that your evidence against the accused came from an NSA tip-off based on illegal spying by the government, agents are encouraged to falsify the account of their investigations and potentially perjure themselves by stating on the record that it was their own brilliant deductive and crime-solving abilities which led to the arrest.

It is hard to adequately describe how foul, deceitful and criminal this behaviour really is.

There was no excuse for allowing the NSA to violate the fourth amendment protection against unreasonable or unwarranted searches when it pertained to potential terrorism. There is certainly no excuse for widening this harassment in aid of civilian law enforcement.

Semi-Partisan Sam says no. This oppressive “national security” apparatus must be rolled back, and those responsible for willfully violating the Constitution must face the legal consequences of their actions.