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United States of Secrets, Part One (full documentary) | FRONTLINE

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Summary

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This content details the secret, warrantless surveillance program initiated by the NSA after 9/11, its controversial legal justifications, internal dissent, eventual exposure through leaks, and its continuation under subsequent administrations.

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[Music]

at the national security agency they

called it the program

we are under emergency conditions

created after

extraordinary means are required to deal

with a threat collecting data on

american citizens you're looking for

unknown conspirators and the way they

devised to do that was to look at

everybody secrets at the highest levels

of government a whole surveillance

program without warrants designed for

domestic surveillance what we're doing

is lawful and i think is effective

through two presidencies highly

classified program he was collecting the

entire internet stream

he chose to keep the programs largely

intact that's not just data collection

that's digital surveillance i argued it

was unethical illegal and

unconstitutional and when this comes out

all hell is going to break loose

tonight on frontline

united states of secrets

part one

the program [Music]

the biggest leak of government secrets

ever began in december of 2012

with a single email delivered to an ip

address in rio de janeiro

glenn greenwald one of the world's

busiest journalists is sitting in his

home in rio and he sees

an email from someone he doesn't know

it's not a friend it's not his mum

and it just says

i've got some stuff you might be

interested in

he didn't use his name and he said

very cryptically and very vaguely that

he had information that he wanted to

discuss with me but could only do so if

i were to install encryption

guardian newspaper columnist and blogger

glenn greenwald didn't pay much

attention to the email

99 of the time it ends up that they're

crazy or delusional or the the story is

just not very good and this guy or girl

we don't know who it is um is persistent

so a few days later emails again and

says look glenn can you do this thing

and glenn still doesn't do it

this attempt basically to leak all of

these secrets

initially just go straight into the sand [Music]

[Music]

the source moved on

this time to berlin

he was soon exchanging emails with

american documentary filmmaker laura poitras

poitras

she'd been in contact for over a month

with a mysterious source who had reached

out to her using her encryption key and

using anonymous channels

and said he had a big story for her a

few weeks later in new york poitras met

national security investigative reporter

barton gellman at a greenwich village restaurant

restaurant

this was something she wanted to be

exceptionally careful about we agreed on

a cafe to meet at

we also i think both understood that

when we got there we'd moved to

someplace else

poitras asked gilman to vet the source

and meet him electronically

her source who became also my source

i needed to take

very special precautions in the usual

nsa style and so he called me brass

banner and he called himself vrx which

means truth teller in latin

through sophisticated encrypted messages

verax promised an unprecedented scoop

but it came with a warning

he believed he was risking his freedom

and possibly his life

and he warned me as well that

that if

the u.s intelligence community believed

that by getting rid of me they could

prevent this story from happening he

said that my life would be at risk

in late may varack surprised gilman and

poitras he sent them an

invitation he said your destination is

portraits wanted to go

barton gelman worried about a secret

meeting in a foreign country like china

decided not to

but poitras knew someone who might join her

her

that spring glenn greenwald arrived in

new york to deliver a speech

and we met that night in my hotel in the

lobby and

she showed me these emails that she had

been exchanging with this person who was

claiming that he was a national security

state insider

with access to very sensitive

information that he believed to be very

incriminating and and stated very

definitively that he wanted to turn it

over to her and to me

greenwald decided to join poitras

we all knew that this was incredibly

risky and uncertain but

in june poitras and greenwald headed to

i i think they're kind of quite excited

but there's also a sort of feeling that

maybe this is just the most terrific hoax

hoax

they were joined by ewan mccaskill a

veteran guardian reporter

at the time i didn't think it was for

real didn't take it that seriously and

thought it was a slightly obscure story

once they were finally airborne poitras

thought it was safe to share with

greenwald something the source had

securely sent to her

that's kind of quite a moment they're in

a secure space and so laura creeps

forward to go and see glenn

laura whips out this thumb drive and and

in a very sort of almost mischievous way

says you know guess what this is and and

told me that she had just received

a fairly large archive of documents they

kind of can't control their excitement

because this this is clearly the biggest

story um that anyone's worked on since

the pentagon papers in the 1970s and i

didn't sleep one second for the next 16

hours because the adrenaline made that

impossible to do

because i not only

saw the magnitude of the documents just

the sheer quantity the fact that we had

in our possession thousands not dozens

or hundreds but many thousands of top

secret nsa documents

that were about a wide range of

surveillance activities

um that came directly from some of the

most sensitive

areas of the agency i could see out the

corner of my eye

glenn with the light on throughout this

13-hour flight

you know reading on his laptop all the

time laura coming to see him having

chats and glenn getting more and more

excited we essentially couldn't believe

what it was that that we had and and

that was really the first time i think i

fully understood

that this was going to be unlike any

other story really ever in american

[Music]

in hong kong greenwald and the others

traveled to a hotel in kowloon [Music]

[Music]

snowden's instructions to glenn and

laura are like a kind of

magical mystery tour across for

something out of john mccarray

he tells him to go to a hotel the mirror

hotel in hong kong

and says that he will meet them in a

less trafficked part of the hotel next

to a shopping mall um

by a bench

and a crocodile

we had still no idea

of who he was what his age was what his

race was

um we knew nothing about him

demographically at all

uh and so the plan that he picked was

that he would be holding a rubik's cube

in his hand so that when we he entered

the room we would immediately know who

he was all of a sudden this guy comes

past with a rubik's cube um scramble up

which is part of the kind of code

but the man before them is not what they

expected they expected some grizzled cia veteran

veteran

wearing a blue blazer maybe with a bit

of dandruff with a tie

receding gray hair and they get this callow

callow

sort of fin limbed student type who looks

looks

as if he's just out of high school and

he is their source and he's supposedly

when this 29 year old kid who looked a

lot younger

shows up it was extremely disorienting and

and

introduced a real awkwardness to our

interaction and kind of a shock

edward snowden led the group upstairs to

his room

in his bedroom

by the door

he'd piled pillows as high up the door

jams as he could and pillows along the

bottom so if somebody was outside

eavesdropping would make it harder for

them there was always this kind of

uncertainty one might even say danger

hovering over the room

especially for the first few days

because we didn't know

what the nsa knew about what he was

doing so we thought it was very possible

that the door could

be barged down at any moment and someone

could enter to arrest snowden

they painstakingly debriefed snowden for days

days

at one point guardian reporter ewan

mccaskill sent a text message to his

editor in new york janine gibson

ginny knew that i like guinness so she said

said

if snowden is for real

uh send me a message and just say the

guinness is good and i was 100 sure that

snowden in the documents were for real

and i sent a message to

the document snowden delivered revealed

the history and details of one of the

united states government's most closely

guarded secrets

it was known

[Music]

the program began on september 11 2001

at fort meade in maryland washington now

people talking about michael jordan's

comeback the headquarters for the

national security agency september or

what what a gorgeous day i'm in my

office uh remember the day brilliantly

clear day clear blue skies

i was in a suite waiting for a meeting and

and [Music]

[Music]

we had

started up the hallway to his office

when the first plane at the time that a plane

plane

has crashed my executive assistant

a young woman came in

and said hey we got reports of a plane

hitting the world trade center and

like 300 million other americans i

thought wow

my poor security chief didn't even have

a chance to speak i just turned to him

and said all non-essential personnel out

of here now [Music]

oh my goodness there is smoke pouring

out of the pentagon

everybody had the tv on because the tv

is where the news was it wasn't coming

out of nsa's computers

it was on the tv

it was a

enormous shock that you have this

huge agency set up to prevent a surprise

attack and they learn about it

on a 300

television set uh tuned to cnn uh in in

the director's office

at the white house there was chaos a

near total evacuation

secret service bursts into the vice

president's office

basically frog marches him by one arm

and the seat of his pants

into this deep underground shelter that

was built to withstand nuclear war

almost immediately cheney directed his

lawyer david addington to prepare the

case for the president to exercise his

unilateral authority as commander-in-chief

commander-in-chief

david addington principal the vice

president was interested in ensuring that

that

the president's constitutional authority

uh was used to its fullest

cheney says i want you to tell me what

powers we're going to need the

president's going to need that he

doesn't already have to respond to this

calamity and they decide that they're

going to push every boundary they have

addington at one point says we're going

to push and push and push until some

larger force makes us stop

on september 12th at nsa headquarters

the mood was summer

where did it all begin we began soul

searching almost immediately we all felt

like a great wrong had been done and

that we were all somewhat if not all culpable

you have to remember that nsa was

created after world war ii to prevent

another surprise attack that was the

whole res on depth for

nsa pearl harbor we don't want another

pearl harbor information that more

people involved in the plot remain in

the united states immediately we began

to wonder what we had done wrong why did

we miss the boat what didn't we detect

that we should have detected the

investigation continues

in the aftermath troubling questions

emerged from deep inside the agency

why hadn't the nsa been able to connect

the dots

he was a very cautious agency it's an

agency that is fighting with one hand

tied behind his back out of a fear of a

political backlash

by being too aggressive the president

now at the door during the nixon administration

administration

the nsa had overstepped spied on

americans it certainly appears to

violate the fourth amendment to the

constitution caught and restricted by

congress the domestic spying apparatus

went dark for more than 20 years

it was against the law to turn the nsa

on americans

if you were an nsa analyst this sort of

legal regime was drilled into your head

to the point where a lot of people said

it's made the rules too restrictive and

it's hampered

the nsa's ability to detect terrorist plots

plots

some at the agency thought the nsa had

been overly cautious and believed the 9

11 attacks could have been stopped

i do believe it could have been prevented

prevented with

with

revisions to

the way we were permitted to operate

revisions that i tried

to get the general counsel to embrace

and and wouldn't

wouldn't

and couldn't quite try to get them

to make adjustments to how we were

operating how are we permitted to

i've felt this

ever since it occurred

over 3000 people's lives were lost

and it's just a weight that i

have been having trouble bearing it's

i'm sorry

the toughest week for america since japan

japan

all over washington there was a growing

demand to stop the next attack we have

to remember that you know we had we had

had terrorists living in this country

for a number of months and we didn't

know about it what else didn't we know

and so there was a great deal of concern

about the fact that that we not only

could could not connect the dots we

at the cia director george tenet was

under pressure from the vice president

the director had a meeting with vice

president cheney and his top aide david eddington

eddington and

and

he was asked what can be done what can

be done

that isn't being done 911 made necessary

a shift of policy cheney says in effect

a tenant make me a shopping list tell me

what you want to do that we're not

letting you do yet

tenet whose own agency was designing

covert operations against al qaeda

called general hayden

george calls me

and says mike any more you can do said

george no not within my authorities not

within my current authorities he paused

and said that's not actually the

question i asked you

is there anything more you could do

i said i'll get back to you

aiden got the message

at nsa headquarters he spread the word

take the gloves off

bring me an aggressive plan

and they asked me is there anything

that we had that could have prevented 911.

loomis told them what he believed was necessary

necessary

begin monitoring foreign internet

the u.s

internet hubs handle so much of the

worldwide internet traffic

so i said

let us allow

allow

collection between u.s and foreign

foreign to u.s

but others in the agency were proposing

much more aggressive data collection

what they propose to do is create a

whole new surveillance program without

warrants trapping all sorts of

information taking advantage of the fact that

that

modern communication trunk lines tend to

come through the united states

the idea of this program was

you're looking for unknown conspirators

and the way they devised to do that was

to look at everybody

it was the outline of something hayden

could take to the vice president

he headed to washington to propose the idea

it would be his first meeting in the

prior to 9 11 i don't think i knew

general hayden i probably knew his name

i doubt that the president knew his name

it's a very big change for the director

of nsa to suddenly have all this

attention from senior officials in the

white house and so forth and i'm sure it

had a major impact on hayden

the president had been briefed

he put his arm around general hayden

called him his childhood nickname mikey

mikey

so i walk in to see the president it's

the president and the vice president in

the room um almost certainly condi was

there as the national security adviser

andy card would have been there

cheney suggests a question and george

bush asks it what would you like to do

that you can't already do that would

help prevent another 911

hayden outlined the program

it would gather data on the phone calls

and internet traffic of hundreds of

millions of americans then search it for

suspicious connections

but he was worried about whether it was legal

legal

and the first thing he says to me is

mike i

i understand your concerns but there are

some things we're going to have to do

and i think i have the authority to

authorize you to do

the things that you've outlined

president says

go i want you to go develop a program

come back to me we've got the lawyers

working on it but

but you

you

hayden left the white house knowing that

the program was bound to be

controversial no president had

authorized it prior to this time

and michael hayden goes home after uh

briefing the president and the vice

president about his ideas for expanding

surveillance and takes a walk with his wife

wife

and she said what's on your mind so well

we're going to go do something here and

i didn't go in any into any details

we're going to do something

yeah one day it's going to be public and

when it gets public it's going to be

very controversial and the people doing

are going to be swept into this thing

she said huh

is it the right thing to do

yeah i think so

he said okay

we'll deal with that

when it comes

on october 4th in a secret signing with

cheney the president officially

authorized the program that order is

written by david addington the vice

president's lawyer it's not written by

the president's lawyer and this is

not only unusual but probably unique in

the history of major u.s intelligence

operations is written by the vice

president's lawyer

and stored in his own safe

addington worked out of a small office

next to the white house in the old

executive office building

this order is one of the most closely

kept secrets of the bush cheney

administration for four years

it kept so secret that many people

involved in national security inside the

white house and the government don't

know about it

addington personally hand carried a copy

he said i'm coming out i'll be there in

about 30 minutes

hand carried

this was very closely guarded

that we were doing this

he comes onto the campus at fort meade

up to the top deck and hands me the order

order

now general hayden wanted the sign off

of his top lawyer robert dietz

i think he was concerned and wanted my

view of whether this program that was

was lawful

i spent a

kind of sleepless night pondering

the legality of it

that this was a very hard call

it's a very hard call

the nsa has a general counsel and about

a hundred lawyers

and they were told the president has

signed it it's been certified as lawful

and once all the signatures are there

that's it we salute we say okay it's

lawful we're gonna go ahead

in the intel world if a president says

to you

i need this in order to keep the

american people safe you need to try to

figure out where that line is constitutionally

constitutionally

and march right up to it

two other nsa lawyers would also sign

off on the program

we came to the conclusion

independently um

but consistently

that there was no doubt in our mind that

it was a legitimate use of the

president's article to authority

general hayden had heard exactly what he needed

needed

article two

the president's authority as commander-in-chief

commander-in-chief

i have my three good friends here

who have you know been my guardian

angels on these things since i became

now the massive collection of data could begin

begin

who's emailing whom who's texting whom

who's doing uh skype calls with whom

they're collecting a lot of information

a lot of content of phone calls they're

actually recording the voices

not for all of our calls but

for a lot of u.s telephone calls and

they were doing this under an authority

that had never existed before

it would be general hayden's most

closely guarded secret

only a small handful of nsa employees

knew what the president had authorized

most were kept out of the loop

including this man

senior manager thomas drake my first day

reporting on the job was the morning of

9 11. he had been in

the military he'd been in the air force he's

he's

he's devoted his life to

national security issues

he's a computer

genius of a sort

drake had no idea what had been going on

between hayden and the white house

he had been given a different task

i was actually charged to find whatever

you've got in the labs whatever you've got

got

in your agency even if it's not

operational put it into the fight we

need it it might help us we need to we

need to deal with the threat

but according to the rules drake thought

he had to follow

whatever he found had to safeguard

americans privacy

he started by digging around inside the

deepest reaches of the nsa's secret r d programs

programs

and he stumbles into

sort of a skunk works and he discovers

that there was actually

a program before 911 that could have as

they said eavesdropped on the entire

world it's called thin thread

thin thread

a program that could capture and sort

massive amounts of phone and email data

was the brainchild of veteran crypto

mathematician bill benny

the whole idea was to build networks

around the world of everybody and who

they communicate with

then you could isolate all the groups of

terrorists once you could do that you

could use that metadata to select that

information from all those tens of

but to make sure the nsa would not spy

on u.s citizens

benny and the other analysts had

built-in privacy protections

it anonymizes who it's listening in on

unless there's a court warrant that

makes the identity of that person clear

if you knew that it was us person

related it would be automatically encrypted

encrypted

that was part of the design of thin thread

thread

it had a data

privacy section

that was working very well protecting

citizens and innocent people

uh by encrypting the data and not

allowing analysts to look at it even

drake was ecstatic

the experimental program could monitor

massive amounts of data but the

encryption would protect the privacy of

individual americans

he took it upstairs to the top deck in

those short days and weeks after 9 11 i

put together a two-page classified

implementation plan to put thin threat

into the fight and i presented it to

maureen baginski

baginski was drake's immediate superior

the third highest ranking official at nsa

nsa

it took a while to get any kind of

response he felt there was something

strange going on

she would refuse to see me

none of her responses were ever

electronic none of her responses were in

a form that would be

recorded or saved

finally he wrote a memo sent to her

and instead of responding electronically

which would have been normal she wrote

in a big

black felt pen

it was kind of a modified cursive

and she said they've gone with a

different program

when drake asked her what this other

solution was she said i'm sorry i can't

it didn't take long for clues to emerge

that something much bigger was going on

they started seeing

stacks of servers piled in corners and

so forth

so we had to walk away around all this

hardware that was piling up out there

and so we knew you know something was happening

all of a sudden people who normally

would communicate with each other

were keeping secret this new operation

of some sort

dozens of nsa employees were sworn to secrecy

secrecy

but before long details were leaked to drake

drake

i have people coming to me

with grave concerns about what are we

doing tom

i thought we're supposed to have a

warrant i'm being directed to deploy

what's normally foreign intelligence

outward-facing equipment i'm being now

directed to place it on internal networks

at the same time

bill binney and the thin thread team

heard that the program was using thin

thread but stripping out the privacy protections

protections

what they're hearing is

that the program they designed is in

some form being put into use

use

but without the the protections that

they had designed in what they did was they

they

they got rid of the section of the code

that encrypted any of the attributes of

even ed loomis who had wanted a more

robust approach

was surprised at how far the agency was

willing to go

i just refused to believe after all i

had been through for 37 years that

that

all of a sudden things would change

and they'd go back to the old ways back

to the early 70s i didn't believe that

they could possibly have just flip-flopped

flip-flopped

and and gone 180 degrees the other way

i i just didn't believe it

to the thin thread team collecting data

without a warrant seemed like a direct

violation of the rules they had followed

for years

all these years having grown up you

never spy on americans we had suddenly become

become

uh criminals

by association

the agency had gone down a path that we

had been preached to

you never do

we were very very

very very

very

concerned and the fact that their thin

thread system had been incorporated into

the program was the last straw

we said we

we can't stick around and be a party to

this this we can't be an accessory to

all these crimes so we have to get out

at the end of october 2001

bill binney kirk wiebe and ed loomis all

quietly retired

tom drake stayed behind

so drake is now still working away over

at the nsa with his his worries rising

about what's going on in terms of

domestic surveillance

once again drake confronted maureen baginski

baginski

i made one final attempt

one final appeal to maureen baginski

and she demurred and she simply said

call call the office of general counsel

which i did

and i said i want to i want to speak to

the lead attorney she'd give me the name

i want to speak it was vida potenza

he goes to the general counsel's office

with his concerns and says i think this

program may be illegal

as he proceeded to tell me you don't understand

understand

all the lawyers have approved it it's legal

legal

we are under emergency emergency

conditions extraordinary extraordinary

means are required to deal with a threat

we just need the data

and then the most the most chilling i

don't often have said this part of the

conversation don't ask any more

questions mr drake

if he came to me someone who was not

read into the program

right and not a part of what we were doing

doing

and told me that

that

we were

running amok essentially inviting the constitution

constitution

and it was in that time frame when

when

there was an awful lot going on and we

were all worried about the next attack

there's no doubt in my mind i would have

told him

you know go talk to your management

don't bother me with this

i mean

you know you you did the the minute he

said if if he did say

you're using this to violate the constitution

constitution

i i mean i probably would have stopped

the conversation at that point

quite frankly

so i mean if that's what he said he said

then anything after that i probably

the program was continuing to grow

in secret the nation's largest telephone

companies were now giving the nsa the

private call records of millions of americans

americans

tom drake had hit a dead end inside the agency

that fall bill benny took an

extraordinary step

he decided to break ranks to take the

the next move is to try to get some

cooperation from congress from the

senate and house intelligence committees

and he finds an ally in diane rourke who

felt the same way

diane rourke was a top congressional

intelligence staffer i worked at the

house intelligence committee for 17 years

years

and for the last five of those years i

had the nsa account for the republican majority

majority

she's an interesting character she's

very conservative she's a republican she

is an oversight of the nsa

partly to make it powerful and also to

keep it from wasting money

porter goss was rorke's boss

goss was the powerful chairman of the

house select committee on intelligence

and future cia director diane is the

go-to girl on the house permanent select

committee on matters dealing with nsa

so she spent a fair amount of time at

nsa she knew personnel out there

benny and rourke decided it would be

safer to meet away from her

congressional office

bill came to me at my house and told me

that part of their system their thin

threat system was being used for

collection of domestic communications in

a dragnet fashion collection on everybody

everybody

so diane says they have gone rogue you know

know

that was her point that she thought they

were going rogue i was aghast i was

absolutely aghast because nsa had

this because this constituted a complete

reversal of nsa policy rourke is a very

feisty woman she was just certain that

there was no way that this program was

legal and she said and if the nsa

officials are breaking the law i am

rourke began to distribute a series of

searing memos to the leaders of the

house intelligence committee diane

diane

very capable so good that she pierced

the veil

of a program that she was not briefed on

not cleared for but knew something was

going on i updated them on what was

going on explained to them

the uh all

all

the technology in as simple a way as i could

could and

and

i argued very strongly that they needed

to have

the protections restored i told them

that if you know if they did not if the

administration refused to do this

they should insist that the system be be

what rourke did not know was that in

october the white house had invited a

small group of congressional leaders to

a secret briefing in the vice

president's office

general hayden led the briefing

mike hate is particularly good at coming

in and explaining things in a way that

uh so we will say neophytes

in the business

could understand it and you really

wanted to believe what mike had to say

uh and and absorb it and digest it

rather than question it with a very

difficult circumstance

very facile command of the facts he's

also very good at alighting past

the parts that he doesn't think you want

to hear and using very careful language

to avoid saying

things he doesn't want to say while also

avoiding any outright falsehood our

purpose in this was to get the other

political branch involved

in this program and so

we would be defeating our own purposes

working it against our own goals if we

weren't full monty uh to

to these folks

but as open as hayden says he was

he and the vice president's office

created strict conditions for the

briefing you have the the individual

senator member of congress who's brought

in and read into a program they're not

allowed to bring any staff with them

they're not necessarily allowed to

communicate any of what they've heard to

their staff in some instances they're

not lawyers so they may not understand

all of the legal fine points

in most instances they're not

technologists so they may not be able to

grasp what it is precisely that they're

being briefed on or the implications of

it 14 people were killed and scores were

wounded they returned to congress

some now feeling they were unable to

exercise effective oversight of the program

program

by the summer of 2002

it was running full speed

and i argued with everybody that i met

and i got no

refutation from them i said it was

it was unethical immoral

politically stupid

illegal and unconstitutional

and stop

and when this comes out

finally intelligence committee chairman

i said you need to talk to general

hayden and you also need to know that

concerns of the areas you're talking about

about

are known to me

and i'm not going to discuss because

you're frankly not cleared for this

level of program

or what's going on here but the fact

that you've discovered this means that

you need to talk to general hayden

rourke was summoned to the top deck at

the nsa to meet with director hayden my

whole point in going there was to ask

him why he had taken off the protections

the encryption and the automated tracking

tracking

i asked this any number of times

and he always evaded answering and i

finally just decided i was not going to

leave the room until i got an answer

and so i kept asking and so about the

fifth time he

looked down and i remember he could not

look me in the eye and he said

we have the power we don't need them

and he made clear that the power he's

referring to was the

it's awkward for me having the

conversation because she's not been

briefed on the program all right so um

to a certain level of detail

i i simply respond that i disagree with

both of our conclusions that i think

what we're doing is lawful and what i

and i think what it is we're doing is

effective and if i knew of a better way

of doing it i would do that too

toward the end of the meeting general

hayden made it pretty clear that he he

wanted me to stop lobbying against the program

program

i said look and diane this is going to

become public and when it becomes public

you can argue your point and i can argue mine

mine

and so

instead of allaying my concerns this

actually made me far more worried

it was clear to me that he didn't like

my talking to other people in the

executive branch and on the house

intelligence committee and trying to

convince them to put controls on the program

program

for now

there's a secure uncertainty like sandra

said about how many by early 2003

keeping the president's program secret

was about to become harder

in a small office at the department of

justice attorney thomas tan had just

started a new job

i went in with a lot of patriotic fervor

i work with

agents fbi agents primarily

to try and

develop intelligence about people that

we thought were foreign agents or

terrorists he came from a family of fbi agents

agents

but not just any fbi agents

his uncle was one of the top aides to j

edgar hoover his

his

father had also been a senior official

under j edgar hoover

tam would work with one of the most

secretive institutions in washington

the foreign intelligence surveillance court

court

it was in an uh on the sixth floor and

only one elevator went up there and it

was literally in a bank vault

because they were worried about the the

soviet union you know overhearing what

was going on good evening president

nixon reportedly will announce his

resignation tonight the fisa court had

been set up to act as a watchdog after

those revelations during the nixon

administration that the nsa had been

when that came out you saw

a period of reform like none other we

we'd seen like nothing we'd seen before

then and and frankly nothing since

under the reforms the nsa could conduct

surveillance inside the united states

only if the fisa court issued a warrant

you can turn your ears outward but not

inward you can listen all you want abroad

abroad

but you really cannot do that to

americans unless

you have a warrant

and inside the department of justice it

was thomas tam's job to prepare warrants

for the fisa court the law specifically

said that if you didn't go through the

court you were

but then as tam began working on

terrorism cases he discovered something surprising

surprising

evidence of the program there are

references to wiretaps and information

that hadn't come through fisa warrants

so the question is where did they come from

from

where did the government get this information

information

tam learned that hardly anyone at the

doj knew details about what was going on

i asked a supervisor

of mine if she knew what the

what the program was about and she told

me that

she just assumed that what we were doing

was illegal and she didn't want to ask

tam became concerned they were

conducting electronic surveillance

without getting warrants

and using that information then to

develop probable cause and basically

not informing the court of the source of

tam and others at the doj

unaware of the secret presidential order

wondered if attorney general ashcroft

was doing something illegal

it just kind of ate away at me and kind

of came to a head when [Music]

[Music] i

ran into one of the deputies of the unit

who said that there was a chance that

for the first time ever that a sitting

tam says he tried to take his questions

up the chain of command without success

he was quite disturbed by that

was quite disturbed that he wasn't

getting answers to the questions he was asking

asking

eventually tam decided to take a risky

step he headed up pennsylvania avenue to

congress for a secret meeting with a

powerful senate staffer i said does

congress know

what we're doing with regard to this program

program

and she said she she couldn't tell me i

said well then i think you know maybe i

will go to the press

and she i remember her last

last

comment was you know tom whistleblowers

frequently don't end up very well

this weekend in baghdad a bomb last night

night

in the fall of 2003 the white house got

involved in filling an important vacancy

at the justice department

the justice department needs a new head

of the office of legal counsel which is

a very powerful position

cheney and addington get together and

say who should we pick

david addington had a candidate in mind

for the job

jack goldsmith

jack goldsmith is impeccably

credentialed member of the federalist

societies well-known and liked in the

conservative movement

david addington calls goldsmith in

and interrogates him about a few of his

lesser known positions and what would

you think about this or that and he's

convinced goldsmith like he himself is a

true believer and is going to be making

the right decisions

with addington's blessing goldsmith

became the new head of the office of

legal counsel

charged with reviewing the legality of

the administration's most secret operations

operations

i was being briefed into a lot of

programs classified programs

counterterrorism programs

i was extraordinarily naive

i had a sense that this was an important job

job

i did not have a full sense of

the nature of the issues or

before long goldsmith headed for david

addington's office

it was time to learn about the program

jack like most of the others who are

briefed on this walks into addington's

office which he regards as a little bit

peculiar what's this doing in vice

president's lawyer's office

addington opens the safe pulls it out

there's the red cover it says top secret

slash s i slash comment slash stellar

wind the cover name for this program

as he read the document goldsmith began

to have grave doubts the program was an

example of the administration

going alone in secret based on

inadequate legal reasoning and flawed

legal opinions

goldsmith discovered that as part of the

program the government had been tracking

data about the emails of tens of

millions of americans he said you can't justify

justify

the email collection it is

on its face

a clear violation of the fourth

amendment and perhaps the first

addington was furious that goldsmith

would raise questions about the program

and he let him know

he was very tough in making his

arguments he was very sarcastic and aggressive

aggressive

against people with whom he disagreed

and dismissive oftentimes

and he acted with the implicit blessing

of the vice president so all these

things made him a very very forceful presence

presence

you know david pushed he pushed

everybody he pushed me even when i was

the attorney general he would push me so

that was just david's nature and i think

jack didn't appreciate being pushed sometimes

sometimes

he was daring jack goldsmith to say

this is illegal and you've got to stop

it he never believed that goldsmith

would do it

goldsmith tells him we're going to

pull back our

endorsement of the legality of this

program and addington roars at him and

says if you do that the blood of a

hundred thousand people uh killed in the

next attack will be on your head

for cheney addington gonzalez hayden and others

others

the personal stakes at this moment were

extremely high

it was a felony to conduct this kind of

surveillance in the united states and

everyone was relying

on the shield that they were trying to

create of having the president order it

explicitly and have the attorney general

sign off and say it's lawful

and as soon as the justice department

starts to say we're not so sure this is lawful

lawful

there is a great deal of concern and anxiety

five separate car bombs blew up in a span

span

last night

at the justice department they prepared

for conflict with the white house

goldsmith's boss deputy attorney general

james comey delivered the news to john ashcroft

ashcroft

parts of the program appeared to be illegal

illegal

they go to the attorney general john

ashcroft they say we don't think this is

legal we think we need to get this

changed or we need to stop what's going

on because we don't have a solid

ashcroft was supposed to sign a

reauthorization of the entire program

every 45 days

and for two and a half years he had

but now he balked

ashcroft gives comey his verbal assurance

assurance

that he is not going to go along with

this program and that he is going to

demand changes or he won't

sign then just hours later

attorney general ashcroft collapsed

suffering from severe pancreatitis

james comey was now the acting attorney general

general

comey notifies the white house formally

that he's not going to sign

and we're now within 48 hours of

expiration of this program

with the deadline looming inside the

white house alberto gonzalez chief of

staff andrew card and david addington

headed to attorney general ashcroft's

hospital room

went to the west wing picked up david

who had the authorization we get to the

hospital and i tell david to stay back

because there is history between david

and the attorney general and i didn't

want to aggravate the attorney general

any needlessly

janet ashcroft the attorney general's wife

wife

is very alarmed she calls up ashcroft's

chief of staff

and says oh my god they're coming over

ashcroft's chief of staff

calls comey the deputy

comey is

in a car on his way home he has the driver

driver

make an actual u-turn

they slap the flasher and the siren on

and he heads over to that hospital as

fast as he can go

it was the evening about eight o'clock

and i got a call from the justice

department command center so i rushed to

the hospital

double parked ran up the stairs

goldsmith and comey waited in ashcroft's

room he had tubes going in and out of

him he looked ashen

ashen and

and

i actually thought he looked near death

i thought he looked just terrible

in walked alberto gonzalez white house

counsel and andrew card the president

chief of staff

we get to the hospital and general

ashcroft is laying in bed and

as soon as we got there

judge i said nothing other than sorry

feeling bad and

judge gonzalez said

we brought the document here's the

document attorney general ashcroft kind

of lifted himself

he wrote rose he arose from the bed kind

of lifted himself up

and gave about a two or three minute speech

speech

or talk address to gonzales and card

in which he basically

i can't get into the details but he

showed enormous unbelievable clarity

about what the issues were

and what was going on and he explained

why he also would not approve the program

program

and he

read them a bit of the riot act and then

he said at the end of all this he said

in any event i'm not the attorney

general now

jim comey is because tim comey was the

acting attorney general

and with that extraordinary

performance and it was just an amazing

one of the most amazing things i've ever

seen in my life because he went from

seeming you know near death to having

this a moment this amazing moment of clarity

clarity and

and

he just again receded into the bed

and i really worried at that point that

he was going to expire and um i mean it just

just

it looked like he gave it the last of

his energy

and and so finally uh he when he repeats

again he's no longer the attorney

general and has finished talking andy

and i just said thank you we'll

we'll raise this with the deputy

attorney general and we and we left

it was an intense

unbelievable scene and

a gonzalez card quickly left and that

in the wake of the hospital

confrontation at the white house cheney

insisted the president should act on his own

own

reauthorize all of the program even

though the justice department said part

of it was illegal

cheney and david addington draft a new order

order

and this time it has one subtle difference

difference

instead of having a signature page

for the attorney general i certify the

lawfulness of this order

there's a new signature for the white

house council alberto gonzalez who does

not have the same legal authority

i satisfy myself that there would there

was sufficient legal authority to move

forward and i felt that the president

was not a lawyer and if this it was my

job if if i felt comfortable that it was

in fact lawful to provide that signature

i did it because i wanted to protect the

president that's why i signed that document

document

but the white house wondered would

general hayden go out on a legal limb

and continue the program

david addington calls me and says are

you willing to do this without the

signature of the attorney general with

the signature of white house counsel al

gonzalez and authorization from the president

president

and i thought

and i said yes

hayden and gonzalez say their

willingness was informed by something

that happened just before the addington call

in madrid this morning more than 190

people were killed at least 10

simultaneous bombs it was one of the

worst terrorist attacks since september 11th

given that starkness of the al-qaeda threat

threat

given the ambiguity of the situation i

thought the correct operational legal

and ethical decision was all right we'll

do this one more time

on the somewhat different framework

framework

so that was a point where he could have

said i'm turning it off until we get a

proper order from the justice department

but he didn't he went along with

eddington and cheney

that afternoon president bush

at the justice department jack goldsmith

prepared his resignation letter

i had drafted my resignation letter and

was prepared to resign and i was sure i

was going to resign that day it was

inconceivable to me

based on what had happened the last two

dozens of top doj officials threatened

to join him including fbi director mueller

mueller

and even acting attorney general comey

and i would never be part of something

that i believe to be fundamentally wrong

with a heavy heart and undiminished love

of my country and my department i resign

as deputy attorney general of the united

states effective immediately

sincerely yours james b comey

george bush is

on the edge of a cliff

his presidency is at stake this was

going to be

something on the order of two dozen

nearly the entire political appointment

list at the justice department from the

attorney general on down and

and

no president could survive that in an

the next morning the president decided

to have a private talk with acting

after the national security briefing

bush has to come stay a minute

come talk to me

and cheney starts to follow and bush

says no no this is just the two of us

and he says what's going on here how

could you possibly do something of this

importance at the very last

minute moment of time

comey suddenly realizes that the

president had no idea what had been

happening the president thinks this just

began yesterday

he doesn't know it's been going on for

three months

and so he says mr president

if that's what you've been told you have

president certainly did not want a

situation where the fbi director and the deputy

deputy

attorney general would resign

so he was

not too happy to learn that this had

risen to a level of banks that it had

the president then sent for fbi director mueller

mueller

mueller's waiting downstairs a level

outside the situation room some aide

goes and says president wants to see you

right now get in there

and bush says to mueller go tell jim

comey to fix this i withdraw the order

the warrantless email data collection

was shut down the crisis was averted

but at the white house they were

determined to resume it

and so they're they're sort of literally

you know they're sort of sifting through

the the the fisa law they're sifting

through the patriot act trying to find existing

existing

laws existing authorities you might call

it loopholes to

justify these programs

general hayden was sent to the secret

fisa court to convince a judge to

restart it

could we get a court order to authorize

this and so we began a very aggressive

program with the chief judge of the fisa

court at that time judge color catelli

to take that part of the program that

that

had been stopped and presented to her to

see if we could get an order to allow

that program to go forward hayden

personally meets with judge catelli of

the fisa court um on

on two saturdays

to make the pitch to explain how they're

going to do this

and cotelli eventually rules

that this is legal

that the nsa

can indeed collect all of the internet

metadata going to and from the united

states and they use this authority that

previously was used to

uh to trace num

numbers going to and from a single telephone

telephone

for everybody

caller catelli's secret ruling relied on

a controversial interpretation of a 25

year old supreme court case

this was frankly a huge stretch the idea

that you could use this

to justify the collection of trillions

of pieces of internet metadata surprised

a lot of people when it came out

in the snowden archives but that's where

they went the program was back online

bigger than ever

that part of the program over which

there was a grand dispute in the spring

of 2004 was resumed in large measure

under a different legal theory by the fall

fall of 2004

to defend the patriot act this time in buffalo

buffalo he continued his voice for an extension

he continued his voice for an extension of the anti-terror that same year the

of the anti-terror that same year the president hit the campaign trail

president hit the campaign trail publicly arguing there was no

publicly arguing there was no warrantless surveillance program

warrantless surveillance program nothing has changed by the way

nothing has changed by the way when we're talking about chasing down

when we're talking about chasing down terrorists

terrorists we're talking about getting a court

we're talking about getting a court order before we do so bush got up there

order before we do so bush got up there several times and said you know when you

several times and said you know when you hear about us wiretapping that means

hear about us wiretapping that means we're getting a court warrant well that

we're getting a court warrant well that we knew that wasn't true you know he was

we knew that wasn't true you know he was leaving out this this whole other side

leaving out this this whole other side of the equation

of the equation in terms of the nsa operation it's

in terms of the nsa operation it's important for our fellow citizens to

important for our fellow citizens to understand constitutional guarantees are

understand constitutional guarantees are in place

in place when it comes to doing what is necessary

when it comes to doing what is necessary to protect our homeland because we value

to protect our homeland because we value the constitution

as the president insisted the government always secured warrants

always secured warrants in washington that department of justice

in washington that department of justice attorney thomas tam knew otherwise

attorney thomas tam knew otherwise i agonized for probably for months i was

i agonized for probably for months i was upset i would say with what i thought

upset i would say with what i thought was being done

was being done to the way our government was supposed

to the way our government was supposed to work

to work [Music]

[Music] tam had not been aware that jack

tam had not been aware that jack goldsmith from the top echelon at the

goldsmith from the top echelon at the department of justice had nearly

department of justice had nearly resigned

resigned but his concerns about the program had

but his concerns about the program had continued to grow

continued to grow he agonized about this

he agonized about this spent a lot of sleepless nights wondered

spent a lot of sleepless nights wondered [Music]

[Music] about what he should do

about what he should do it just it just kind of ate away at me

it just it just kind of ate away at me and it was pretty clear to me at least

and it was pretty clear to me at least that i didn't want to keep participating

that i didn't want to keep participating in whatever was going on

in whatever was going on tam decided to take a very big step

tam decided to take a very big step one dramatically out of character for

one dramatically out of character for the son and nephew of high-ranking fbi

the son and nephew of high-ranking fbi agents

one day on his lunch break he slipped into a washington subway station he used

into a washington subway station he used a pay phone to make an anonymous call to

a pay phone to make an anonymous call to the new york times

the new york times he said he was sweating

he said he was sweating nervous

nervous looking around he felt he said like a

looking around he felt he said like a spy when he made that phone call but he

spy when he made that phone call but he did

i certainly was conscious of the fact that i i if i were going to be found out

that i i if i were going to be found out and i did think i would be found out

and i did think i would be found out actually eventually

actually eventually um that that there would be serious

um that that there would be serious ramifications but i just thought it was

ramifications but i just thought it was important

important [Applause]

[Applause] [Music]

[Music] [Applause]

[Applause] tam says the phone call was to a new

tam says the phone call was to a new york times reporter

york times reporter i had read articles by eric lichblow

i had read articles by eric lichblow with the new york times i knew he was

with the new york times i knew he was covering the department of justice

covering the department of justice lishblah will not confirm that tam was a

lishblah will not confirm that tam was a source but acknowledges receiving a tip

source but acknowledges receiving a tip from an anonymous source

from an anonymous source there was a suggestion from from one of

there was a suggestion from from one of the early sources that

the early sources that whatever is going on involving this

whatever is going on involving this super sensitive spy program was causing

super sensitive spy program was causing such tumult and debate within the

such tumult and debate within the justice department that there's talk of

justice department that there's talk of ashcroft being indicted

ashcroft being indicted and you know that certainly gets your

and you know that certainly gets your attention

tan says he and lish blau had a series of clandestine conversations around

of clandestine conversations around washington

washington i eventually told him my suspicions that

i eventually told him my suspicions that i'm very very limited people knew what

i'm very very limited people knew what what it was all about and that that

what it was all about and that that really

really some very experienced high-level lawyers

some very experienced high-level lawyers thought what we were what the government

thought what we were what the government was doing was illegal

was doing was illegal having leaked tam disappeared back into

having leaked tam disappeared back into the bureaucracy at the justice

the bureaucracy at the justice department

at the times eric lishblow knew that another reporter james risen had also

another reporter james risen had also been hearing about the program

been hearing about the program we heard basically that the president

we heard basically that the president had authorized a warrantless wiretapping

had authorized a warrantless wiretapping program it was uh believed by a lot of

program it was uh believed by a lot of by the people we were talking to to be

by the people we were talking to to be in violation of the

in violation of the uh of fisa and of the constitution they

uh of fisa and of the constitution they were doing things

were doing things well outside their lane without the

well outside their lane without the knowledge of most of the court without

knowledge of most of the court without the knowledge of most members of

the knowledge of most members of congress really on the the white house's

congress really on the the white house's own authority that was really what

own authority that was really what in our mind made the story eager to get

in our mind made the story eager to get general hayden on the record james risen

general hayden on the record james risen called the nsa i told the press person

called the nsa i told the press person that i needed to talk to hayden

that i needed to talk to hayden immediately and for a very sensitive

immediately and for a very sensitive matter and i didn't tell him exactly

matter and i didn't tell him exactly what it was but

what it was but to my surprise she got him on the phone

to my surprise she got him on the phone immediately

immediately i remember i was sitting next to him i

i remember i was sitting next to him i did not know he was going to do that it

did not know he was going to do that it was a bit shocking not only that he was

was a bit shocking not only that he was calling him but also they got hayden on

calling him but also they got hayden on the line

the line i read them like two paragraphs of the

i read them like two paragraphs of the draft of the story september 11th

draft of the story september 11th attacks president bush secretly

attacks president bush secretly authorized the national security agency

authorized the national security agency to eavesdrop on americans and you could

to eavesdrop on americans and you could hear like a sharp

hear like a sharp intake of breath like

intake of breath like i can't you know it was almost like he

i can't you know it was almost like he was he didn't want to say it but he was

was he didn't want to say it but he was like i can't believe you've got that

like i can't believe you've got that story

story i think this is a very bad thing that

i think this is a very bad thing that you know there's a reason we keep

you know there's a reason we keep intelligent sources and methods secret

intelligent sources and methods secret same reason journalists try to keep

same reason journalists try to keep their sources of method secret you know

their sources of method secret you know you can't survive unless you keep them

you can't survive unless you keep them secret

secret i'd caught him off guard and he started

i'd caught him off guard and he started to confirm it and then

to confirm it and then realized

realized what he was doing and hung up

what he was doing and hung up hayden sounded the alarm the new york

hayden sounded the alarm the new york times was preparing to expose the

times was preparing to expose the existence of the program in the middle

existence of the program in the middle of an election year

of an election year we were worried that this would

we were worried that this would compromise a very important very

compromise a very important very significant intelligence activity

significant intelligence activity there was a great there was debate

there was a great there was debate within the administration about what to

within the administration about what to do

do should we try to get an

should we try to get an injunction the white house demanded a

injunction the white house demanded a series of meetings with the times

series of meetings with the times the first was inside the eisenhower

the first was inside the eisenhower executive office building

executive office building acting cia director john mclaughlin ran

acting cia director john mclaughlin ran the meeting

the meeting one thing i remember about his

one thing i remember about his presentation was that he never

presentation was that he never actually confirmed that they had such a

actually confirmed that they had such a program they kept talking in these

program they kept talking in these hypotheticals like saying if we were

hypotheticals like saying if we were doing this this would be very important

doing this this would be very important to the government the language he used

to the government the language he used which was kind of

which was kind of orwellian in a way was if

orwellian in a way was if the united states had such a program we

the united states had such a program we would

would request that the new york times not

request that the new york times not publish any information about it and

publish any information about it and then i started taking notes and they

then i started taking notes and they tried to stop me from taking notes and

tried to stop me from taking notes and it was a very contentious

it was a very contentious meeting that

meeting that only convinced me

only convinced me further that the story was right and

further that the story was right and that they were trying to stop it

that they were trying to stop it meeting after meeting the government

meeting after meeting the government made the argument the program was both

made the argument the program was both effective and legal

effective and legal one of the strongest selling points they

one of the strongest selling points they made

made which um to my mind was probably the

which um to my mind was probably the most disingenuous was the idea that this

most disingenuous was the idea that this had all been legally reviewed this was

had all been legally reviewed this was all perfectly legal perfectly

all perfectly legal perfectly constitutional everyone was on board

constitutional everyone was on board there was no doubt about its legality

there was no doubt about its legality back in the times offices the reporters

back in the times offices the reporters argued the white house was misleading

argued the white house was misleading them but the editors were not convinced

them but the editors were not convinced the story should run

the story should run there were intense discussions and it

there were intense discussions and it got got

got got emotional on all sides we argued that

emotional on all sides we argued that this was really important that our

this was really important that our sources were telling us

sources were telling us it was illegal or unconstitutional that

it was illegal or unconstitutional that there was uh

there was uh clearly

clearly people in the government who disagreed

people in the government who disagreed with what the government what the

with what the government what the officials were saying to the

officials were saying to the to the editors

to the editors in the fall of 2004 the administration

in the fall of 2004 the administration invited the times top editors to a

invited the times top editors to a closed-door meeting

closed-door meeting executive editor bill keller met with

executive editor bill keller met with the president's top advisors condoleezza

the president's top advisors condoleezza rice

rice general hayden

general hayden alberto gonzalez and others

alberto gonzalez and others who insisted to keller that revealing

who insisted to keller that revealing the existence of the program would

the existence of the program would endanger national security

endanger national security i had a consensus of everybody

i had a consensus of everybody that we had contact with in the

that we had contact with in the administration

administration um

um that this would be

that this would be an extremely dangerous thing to do

an extremely dangerous thing to do these were you know serious people

these were you know serious people a consensus across the board of those

a consensus across the board of those who

who talked to us that it was going to be

talked to us that it was going to be dangerous

dangerous a level of stridency that was

a level of stridency that was quite impressive and you know after

quite impressive and you know after much discussion decided

much discussion decided that we weren't ready to go with it

that we weren't ready to go with it keller spiked the story

keller spiked the story the white house had prevailed the

the white house had prevailed the program would remain a well-kept secret

program would remain a well-kept secret the president has ordered a major

the president has ordered a major shakeup of america's spy operations the

shakeup of america's spy operations the nuts and bolts of intelligence will fall

nuts and bolts of intelligence will fall to lieutenant general michael hayden who

to lieutenant general michael hayden who now heads up to once general hayden was

now heads up to once general hayden was promoted by the white house to help

promoted by the white house to help oversee all intelligence operations

oversee all intelligence operations he was replaced by a new general keith

he was replaced by a new general keith alexander

alexander the change gave tom drake another chance

the change gave tom drake another chance to voice his concerns about the program

to voice his concerns about the program he wrote general alexander a classified

he wrote general alexander a classified letter

letter within the system my last official act

within the system my last official act for all intents and purposes was to

for all intents and purposes was to write that formal letter to to alexander

the letter said the nsa's intelligence gathering activities were out of control

gathering activities were out of control and needed to be reined in

this is a crusade for him being drake someone who's got a somewhat obsessive

someone who's got a somewhat obsessive personality he keeps trying to get the

personality he keeps trying to get the word out

word out but general alexander was no more

but general alexander was no more responsive than hayden had been

responsive than hayden had been and by writing directly to the general

and by writing directly to the general drake had broken bureaucratic protocol

drake had broken bureaucratic protocol his days were numbered

they actually reorganized my job right out from under me and i literally was

out from under me and i literally was left with nothing i had an office i had

left with nothing i had an office i had a flag as a senior executive but nothing

a flag as a senior executive but nothing else

else no programs no people no team no nothing

drake had formed friendships with the thin threat group binny wiebe loomis and

thin threat group binny wiebe loomis and congress's diane rourke

congress's diane rourke now they began to seriously consider

now they began to seriously consider what they called the nuclear option

what they called the nuclear option going to the press

going to the press and i can remember throwing the question

and i can remember throwing the question out there one evening i said what do we

out there one evening i said what do we do

do tom's not getting anywhere and so we

tom's not getting anywhere and so we would say is it time to go to the press

would say is it time to go to the press invoke the nuclear option which is going

invoke the nuclear option which is going to the press and we were all afraid to

to the press and we were all afraid to do it we're still traditional kind of

do it we're still traditional kind of employees the government wanted to stay

employees the government wanted to stay inside the government to try to get the

inside the government to try to get the government to change its ways to make it

government to change its ways to make it you know to write itself as opposed to

you know to write itself as opposed to having to force it by going to the

having to force it by going to the fourth estate the public the third real

fourth estate the public the third real option of going to the press was fraught

option of going to the press was fraught with enormous peril at a minimum you

with enormous peril at a minimum you would no doubt be

would no doubt be fired

fired or worse

it had been nearly one year since the new york times had refused to publish

new york times had refused to publish the investigation into the nsa

during that year the program had grown dramatically

the program had grown dramatically terabytes

terabytes huge amounts of information about

huge amounts of information about americans telephone calls and emails had

americans telephone calls and emails had been clandestinely captured

finally reporter james risen from the new york times had had enough

new york times had had enough he decided to strike out on his own

the story was dead now twice dead and i thought the only way to ever get this

thought the only way to ever get this story out was to put it in a book

story out was to put it in a book ryzen had a surprise for eric leschbauer

ryzen had a surprise for eric leschbauer he invited him to drive over to his

he invited him to drive over to his house to read a draft chapter of the

house to read a draft chapter of the book the story the new york times had

book the story the new york times had refused to print

refused to print chapter was just called the program

chapter was just called the program in it he basically

in it he basically made known the existence of this program

made known the existence of this program and the fact that that the

and the fact that that the administration had gotten the paper to

administration had gotten the paper to spike the story i said i want to make

spike the story i said i want to make sure it's okay with you and he said the

sure it's okay with you and he said the only thing i ask is you know put my name

only thing i ask is you know put my name in there too

in there too it did not take long for the editors at

it did not take long for the editors at the new york times to get word of what

the new york times to get word of what ryzen was planning

ryzen was planning i began to hear through the grapevine

i began to hear through the grapevine that he might include the nsa story in

that he might include the nsa story in the book

the book so that led to a series of you know very

so that led to a series of you know very awkward conversations with jim the

awkward conversations with jim the editors were furious at me

editors were furious at me they thought i was being insubordinate

they thought i was being insubordinate he had a gun to their head they are

he had a gun to their head they are really being forced to reconsider the

really being forced to reconsider the papers gonna look pretty

papers gonna look pretty pretty bad

pretty bad [Music]

[Music] that led to

that led to uh

uh this massive game of chicken

this massive game of chicken uh between me

uh between me my book me my book and the new york

my book me my book and the new york times over the next few months

inside the times the editor who had killed the story 12 months earlier now

killed the story 12 months earlier now faced a hard choice

faced a hard choice because we had to either decide we're

because we had to either decide we're still not ready to run this story or the

still not ready to run this story or the situation has changed sufficiently that

situation has changed sufficiently that we are ready to run the story in which

we are ready to run the story in which case

we better get the story you know in the best possible shape and let the

best possible shape and let the administration know

on a frigid december evening editors bill keller phil taubman and new york

bill keller phil taubman and new york times publisher arthur salzberger were

times publisher arthur salzberger were summoned to the white house

it was indeed a dark and stormy night i remember it

remember it it was dark and it was stormy and we

it was dark and it was stormy and we were in the oval mr solzberg began to

were in the oval mr solzberg began to speak and the president said i'm going

speak and the president said i'm going to go first

to go first i want to talk to you about this program

i want to talk to you about this program i want to talk to you about why this is

i want to talk to you about why this is important why we think it saves lives

important why we think it saves lives and why it should not be made public

and why it should not be made public the president turned the meeting over to

the president turned the meeting over to general hayden for one of his famous

general hayden for one of his famous briefings

briefings it's hard to brief in the oval you know

it's hard to brief in the oval you know you can't

you can't no visual aids hard to roll out

no visual aids hard to roll out something in front of somebody so i gave

something in front of somebody so i gave him the best explanation of the program

him the best explanation of the program i could but i did bring up specific

i could but i did bring up specific examples

examples the example he gives them is a plot in

the example he gives them is a plot in which uh radical is planning to bring

which uh radical is planning to bring down the brooklyn bridge apparently with

down the brooklyn bridge apparently with a device similar to a blowtorch and it

a device similar to a blowtorch and it actually kind of makes the times editors

actually kind of makes the times editors kind of scratch their heads because they

kind of scratch their heads because they think this is kind of uh

think this is kind of uh surprising that somebody could sit there

surprising that somebody could sit there with a blowtorch or something like that

with a blowtorch or something like that and and and bring down the brooklyn

and and and bring down the brooklyn bridge without anybody noticing him and

bridge without anybody noticing him and stopping him first seemed absurd to them

stopping him first seemed absurd to them i think arthur believes that the

i think arthur believes that the president may have cracked a smile on

president may have cracked a smile on when the when the bringing down the

when the when the bringing down the brooklyn bridge item came up but maybe

brooklyn bridge item came up but maybe that's just

a wishful memory the president then played his trump card

the president then played his trump card threatening that the new york times

threatening that the new york times would be responsible for the next attack

would be responsible for the next attack he said you know listen if you guys

he said you know listen if you guys published this article

published this article and there is another 911

and there is another 911 we're going to be called before congress

we're going to be called before congress to explain how we failed to prevent it

to explain how we failed to prevent it and you should be in the chair beside us

and you should be in the chair beside us explaining

explaining because you'll be complicit

because you'll be complicit in allowing

damage to our country he was saying in effect

he was saying in effect you

you arthur salzburger will have blood on

arthur salzburger will have blood on your hands if there's another attack

your hands if there's another attack that could have been prevented by this

that could have been prevented by this program

program [Music]

[Music] you know i think anybody would

you know i think anybody would feel goosebumps

feel goosebumps the new york times broke the story about

the new york times broke the story about the national security nevertheless the

the national security nevertheless the times decided to publish the story

times decided to publish the story revealing the existence of the program

revealing the existence of the program four years now the nsa has been secretly

four years now the nsa has been secretly spying on its own citizens

spying on its own citizens the new york times story in december

the new york times story in december 2005 just shocked the world the extent

2005 just shocked the world the extent of unchecked domestic surveillance is

of unchecked domestic surveillance is far greater than previously it is the

far greater than previously it is the definition in most people's minds of

definition in most people's minds of illegal government activity

illegal government activity with the bombshell of a story in the new

with the bombshell of a story in the new york times today than the nsa they were

york times today than the nsa they were in crisis mode at the white house all

in crisis mode at the white house all eyes were on president bush

eyes were on president bush we call it the big paws

we call it the big paws [Music]

[Music] okay when stuff like this goes public

okay when stuff like this goes public what's the big guy going to do

what's the big guy going to do is he going to man up and support you

is he going to man up and support you or

or suddenly get reflective on you

suddenly get reflective on you and for once the president actually

and for once the president actually decides he's going to come out and

decides he's going to come out and address it directly he goes on the

address it directly he goes on the offensive to try to

offensive to try to push back against critics who said he

push back against critics who said he went too far

went too far it would be a first

it would be a first an admission the program existed

an admission the program existed this is a highly classified program

this is a highly classified program that is crucial to our national security

that is crucial to our national security its purpose is to detect and prevent

its purpose is to detect and prevent terrorist attacks against the united

terrorist attacks against the united states

states our friends and allies the president

our friends and allies the president comes out and and minimizes what he

comes out and and minimizes what he describes as the program

describes as the program and um he gives a very truncated

and um he gives a very truncated description of what they're doing that

description of what they're doing that sounds you know i think probably not too

sounds you know i think probably not too worrisome to most americans i authorize

worrisome to most americans i authorize the national security agency

the national security agency consistent with u.s law and the

consistent with u.s law and the constitution

constitution to intercept

to intercept the international communications of

the international communications of people

people with known leaks links to al qaeda and

with known leaks links to al qaeda and related terrorist organizations

related terrorist organizations it was the least controversial and

it was the least controversial and smallest element of the program

smallest element of the program there was no reference to the massive

there was no reference to the massive gathering of domestic communications

gathering of domestic communications data

data his characterization of the fact was

his characterization of the fact was simply wrong and it was wrong from the

simply wrong and it was wrong from the beginning

beginning the program wasn't to

the program wasn't to surveil known suspects

surveil known suspects known conspirators

known conspirators you could easily get a warrant for that

you could easily get a warrant for that the program was to sift big data was to

the program was to sift big data was to trawl through enormous volumes

trawl through enormous volumes literally trillions of telephone calls

literally trillions of telephone calls trillions of emails

trillions of emails and

and to look for unknown conspirators

to look for unknown conspirators once again it would be left to general

once again it would be left to general hayden to brief the press

hayden to brief the press he too minimized the scale of the

he too minimized the scale of the program

program this is targeted this is focused this is

this is targeted this is focused this is about al-qaeda one end of any call

about al-qaeda one end of any call targeted under this program is always

targeted under this program is always outside the united states

outside the united states when they ask questions about how

when they ask questions about how widespread

widespread the program was he confined it to this

the program was he confined it to this little part of the program that had

little part of the program that had leaked and did not address all the other

leaked and did not address all the other parts that were far worse that had not

parts that were far worse that had not leaked

leaked there was no mention that the nsa was

there was no mention that the nsa was tracking telephone calls and emails

tracking telephone calls and emails inside the united states

inside the united states and hayden even dismissed the idea that

and hayden even dismissed the idea that there had been any internal dissent

there had been any internal dissent about the program

about the program not a single employee of the national

not a single employee of the national security agency has addressed a concern

security agency has addressed a concern about this program to the nsaid

about this program to the nsaid should also add that no

should also add that no member of the nsa workforce

member of the nsa workforce who has been asked to be included in

who has been asked to be included in this program has responded to that

this program has responded to that request with anything except enthusiasm

request with anything except enthusiasm general hayden's press conference

general hayden's press conference introduced many of the tactics that the

introduced many of the tactics that the administration has used to deflect

administration has used to deflect questioning and also to mislead the

questioning and also to mislead the public

public and i was amazed at what he was saying

and i was amazed at what he was saying because it was not truthful it was

because it was not truthful it was misleading

misleading and that was the beginning of the

and that was the beginning of the spinning and the lies

spinning and the lies bush heads to the nsa as part of his

bush heads to the nsa as part of his week-long glitch to defend his

week-long glitch to defend his controversial wiretapping program

yesterday it was the president today the attorney general speaks out on the

attorney general speaks out on the matter will visit one of the nation's

matter will visit one of the nation's most secret buildings today at the

most secret buildings today at the national security agency thomas drake

national security agency thomas drake was watching the white house's reaction

was watching the white house's reaction carefully

carefully drake watches what top levels of the u.s

drake watches what top levels of the u.s government saying about this program and

government saying about this program and he thinks they're lying i realized that

he thinks they're lying i realized that they were lying that they were desperate

they were lying that they were desperate to protect the domestic surveillance

to protect the domestic surveillance program

program he knows it's much more than what

he knows it's much more than what they're describing and and and and this

they're describing and and and and this makes him mad the far larger program

makes him mad the far larger program was the dragnet surveillance the vast

was the dragnet surveillance the vast bulk copy

bulk copy of millions and millions of phone

of millions and millions of phone records email records internet usage and

records email records internet usage and financial transactional

financial transactional and credit card information

and credit card information drake had been complaining internally

drake had been complaining internally about the program for more than four

about the program for more than four years

years now he said he had run out of options

now he said he had run out of options all the internal proper channels had

all the internal proper channels had been exhausted the one final choice was

been exhausted the one final choice was to actually touch the third rail and go

to actually touch the third rail and go to the press

to the press drake decided to act on his own without

drake decided to act on his own without the thin thread team

the thin thread team he'd reach out to a newspaper reporter

he'd reach out to a newspaper reporter siobhan gorman worked for the baltimore

siobhan gorman worked for the baltimore sun

sun he just reaches out to her in a way that

he just reaches out to her in a way that he thinks is

he thinks is secret

secret using all kinds of protected hush mail

using all kinds of protected hush mail to tell her he wants to talk to her and

to tell her he wants to talk to her and might have documents to share with her

might have documents to share with her drake said that he would only provide

drake said that he would only provide unclassified material

unclassified material it's a pretty classic whistleblower kind

it's a pretty classic whistleblower kind of move that he makes and he's careful

of move that he makes and he's careful he thinks not to violate any kind of

he thinks not to violate any kind of national security laws

national security laws in in reaching out to her

in in reaching out to her gorman will not acknowledge that drake

gorman will not acknowledge that drake was her source but she says she knows

was her source but she says she knows why she received the leaks

why she received the leaks there were a number of people at nsa

there were a number of people at nsa that were just very unhappy and i think

that were just very unhappy and i think that the revelation of warrantless

that the revelation of warrantless surveillance probably

surveillance probably did

did loosen up

loosen up some concerns that some people inside

some concerns that some people inside nsa might have had

nsa might have had at first drake remained completely

at first drake remained completely anonymous

anonymous communicating entirely by encrypted

communicating entirely by encrypted email

email she had no idea who i was

she had no idea who i was i ultimately was referred to as just a

i ultimately was referred to as just a senior official it was sort of an

senior official it was sort of an agreement as to how she would couch who

agreement as to how she would couch who i was in her reporting but i was a deep

i was in her reporting but i was a deep i was a deep source

i was a deep source baltimore sun reports today that the nsa

baltimore sun reports today that the nsa rejected and so i provided her

rejected and so i provided her unclassified information about the

unclassified information about the secret surveillance program

secret surveillance program gorman would write a series of lengthy

gorman would write a series of lengthy stories a deep investigation into the

stories a deep investigation into the nsa thin thread and the warrantless

nsa thin thread and the warrantless surveillance of millions of americans

surveillance of millions of americans foreign

but drake wasn't the only leaker other stories broke

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