WASHINGTON - Military and intelligence officers told spellbound
lawmakers Tuesday that their careers had been ruined by superiors
because they refused to lie about Able Danger, Abu Ghraib and other
national security controversies.
Lt. Col. Anthony Shaffer, wearing a crisp olive Army uniform with
the Bronze Star and other awards, delivered his first public testimony
about his central role in Able Danger, a Pentagon computer data-mining
program set up long before the Sept. 11, 2001, attacks to infiltrate
the al-Qaeda terrorist network.
Shaffer told a House Government Reform subcommittee that he and
other intelligence officers and contractors working on the top-secret
program code-named "Able Danger" had identified Mohammed Atta,
ringleader of the Sept. 11 attacks, but were prevented from passing
their findings to the FBI.
"I became a whistleblower not out of choice, but out of
necessity," Shaffer said. "Many of us have a personal commitment to
... going forward to expose the truth and wrongdoing of government
officials who - before and after the 9/11 attacks - failed to do
their job."
Shaffer contradicted recent statements by Philip Zelikow, former
executive director of the Sept. 11 commission, who denied having met
with Shaffer and other Able Danger operatives in Afghanistan in
October 2003.
"I did meet with him," Shaffer said. "I have the business card
he gave me. I find it hard to believe that he could not remember
meeting me."
The commission set up by Congress to probe the Sept. 11 attacks
didn't mention the Able Danger project on al Qaeda in its final report
in July 2004.
When former Able Danger operatives began to talk with reporters and
lawmakers about the program last year, the commission's chairman and
vice chairman, former New Jersey Gov. Thomas Kean and former Rep. Lee
Hamilton, released a statement saying the panel had looked into the
work of Able Danger and found it "historically insignificant."
Shafer was to testify today (Wednesday) at a separate House Armed
Services subcommittee hearing devoted to Able Danger.
Spc. Samuel Provance, also dressed in Army green, said he was
demoted and humiliated after telling a general investigating the Abu
Ghraib scandal that senior officers had covered up the full extent of
abuse during interrogations of detainees at the U.S. military prison
in Iraq.
"Young soldiers were scapegoated while superiors misrepresented
what had happened and tried to misdirect attention away from what was
really going on," Provance said. "I considered all of this conduct
to be dishonorable and inconsistent with the traditions of the Army. I
was ashamed and embarrassed to be associated with it."
The Abu Ghraib interrogations caused an international uproar in
2004 after the release of photographs of Iraqi prisoners in sexual and
other degrading positions.
Provance made a new allegation about the Abu Ghraib controversy,
saying that U.S. forces had captured the 16-year-old son of an Iraqi
general under Saddam Hussein, Hamid Zabar, to pressure the general
into providing information.
"I was extremely uncomfortable about the way General Zabar had
been treated, but particularly the fact that his son had been captured
and used in this way," Provance said. "It struck me as morally
reprehensible, and I could not understand why our command was doing
it."
Rep. Christopher Shays, a Connecticut Republican and chairman of
the national security subcommittee that held the hearing, told
Provance: "It takes a tremendous amount of courage for someone of
your rank to tell a general what they may not want to hear."
Asked what his current military duties are, the former computer
specialist replied," The only thing I've been doing since being
demoted is picking up trash and pulling guard duty."
Russell Tice, a former National Security Agency analyst who was a
New York Times source for its reporting on domestic wiretapping, told
of having been classified as mentally ill and then fired in connection
with an earlier episode at the espionage agency.
Tice said he would have to testify in closed hearings about the
details of the eavesdropping program, which President Bush authorized
soon after the Sept. 11 attacks. But under questioning by lawmakers,
Tice suggested that other NSA programs also raised concerns for him.
"Some of the programs that I worked on I believe treaded on
illegalities and, I believe, unconstitutional activity," Tice said.
In one of the hearing's most dramatic moments, Tice read aloud the
Fourth Amendment of the Constitution, which protects Americans against
"unreasonable searches and seizures" without a court warrant. Tice
also read an NSA policy that limits the signals agency to monitoring
foreign communications.
"As intelligence officers, we take an oath and swear to protect
the Constitution," Tice said.
Michael German, a veteran FBI agent, said he was punished after
reporting his bosses in Tampa, Fla., for having altered documents in a
counter-terrorism investigation.
"They produced false documents and literally took Whiteout to
change official records," German said.
Richard Levernier said the Energy Department pulled his security
clearance after he complained that the agency was glossing over
security problems at nuclear weapons sites.
"These agencies are out of control," said Rep. Curt Weldon, a
Pennsylvania Republican. "If we don't take action we're all in
trouble."
Shays said he convened the hearing because military and
intelligence employees don't have the same whistleblower protections
the government affords other federal workers or even employees of
private firms.
"Whistleblowers in critical national security positions are
vulnerable to unique forms of retaliation," Shays said. "There is
nothing top secret about gross waste or the abuse of power."
Rep. John Duncan, a Tennessee Republican, criticized Defense
Department officials for directing "trumped-up charges" against
Shaffer. Duncan ridiculed the Pentagon for having accused the
decorated intelligence officer of misusing small amounts of money
while the government was wasting billions of dollars on rebuilding
Iraq.
"If they really wanted to go after me, I had millions of dollars
of equipment I was responsible for," Shaffer said.
After he began speaking out about Able Danger, Shaffer said, the
Pentagon leaked personal information about him, including allegedly
inflated expense reports for $67 in extra phone charges. Shaffer said
the charges were to cover calls transferred from his work phone to his
cell phone on weekends, so that he could be available at all times.
As the overflow hearing room grew silent, Weldon asked Shaffer to
respond to separate Pentagon allegations that the colonel had been
romantically involved with one of his aides.
"Have you ever had an affair with anyone on my staff, male or
female?" Weldon asked.
"No, sir, but that was what DIA (the Defense Intelligence Agency)
put out," Shaffer replied.
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