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

FRONTLINE PBS | Official・2 minutes read

A surveillance program involving data collection on American citizens without warrants aimed to identify conspirators, leading to a leak of government secrets by Edward Snowden to journalists Glenn Greenwald and Laura Poitras. Despite legal and ethical concerns raised by whistleblowers like Thomas Drake and legal experts like Jack Goldsmith, the NSA's surveillance program continued under different legal interpretations, sparking debates and confrontations within the government and media.

Insights

  • A secret NSA program, initiated post-9/11, collected vast amounts of data on American citizens without warrants, raising concerns about privacy violations and legality.
  • Whistleblowers like Thomas Drake and Edward Snowden exposed the NSA's surveillance activities, facing legal repercussions and sparking debates on government transparency and individual rights.
  • The New York Times, despite government pressure, eventually published stories on the NSA's surveillance program, leading to public shock and questioning of the program's necessity and legality.

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Recent questions

  • What was the purpose of the NSA surveillance program?

    The NSA surveillance program was created under emergency conditions to collect data on American citizens in order to identify unknown conspirators. It was designed for domestic surveillance at the highest levels of government, spanning two presidencies and involving the collection of the entire internet stream.

  • Who was the mysterious source known as Verax?

    The mysterious source known as Verax was the individual who leaked government secrets to journalist Glenn Greenwald in December 2012. Verax promised a significant scoop but warned of risks to his freedom and life, eventually leading to encrypted exchanges with Greenwald.

  • Where did Glenn Greenwald, Laura Poitras, and Ewan McCaskill travel to meet the source?

    Glenn Greenwald, Laura Poitras, and Ewan McCaskill traveled to Hong Kong to meet the source of the leaked government secrets, who turned out to be Edward Snowden. Snowden, a young individual working for a new NSA contractor in Hawaii, shared top-secret NSA documents with the journalists, revealing extensive surveillance activities.

  • What led to the confrontation between General Hayden and members of Congress?

    Concerns about the NSA surveillance program's ethics, legality, and constitutionality led to a confrontation between General Hayden and members of Congress. The program's secretive nature and lack of transparency raised significant questions and criticisms from various quarters.

  • How did the New York Times handle the story about the NSA surveillance program?

    The New York Times initially faced government pressure to withhold the story about the NSA surveillance program but eventually decided to publish it, shocking the world. Despite warnings from President Bush about national security risks, the Times editors chose to expose the program to the public, leading to widespread discussions and debates about government surveillance and privacy violations.

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Summary

00:00

NSA Surveillance Program Revealed by Whistleblower

  • The program at the National Security Agency, created under emergency conditions, involved collecting data on American citizens to identify unknown conspirators.
  • This surveillance program, operating without warrants, was designed for domestic surveillance at the highest levels of government.
  • The program was considered lawful and effective, spanning two presidencies and involving the collection of the entire internet stream.
  • A leak of government secrets began in December 2012, with an email to journalist Glenn Greenwald in Rio de Janeiro.
  • Greenwald initially ignored the email but eventually engaged with the mysterious source, leading to encrypted exchanges.
  • The source, known as Verax, promised a significant scoop but warned of risks to his freedom and life.
  • Greenwald, along with Laura Poitras and Ewan McCaskill, traveled to Hong Kong to meet the source, Edward Snowden.
  • Snowden, a young individual, shared top-secret NSA documents with the journalists, revealing extensive surveillance activities.
  • Snowden's revelations detailed the history and operations of the NSA's closely guarded program, initiated after the events of September 11, 2001.
  • The aftermath of the 9/11 attacks led to a shift in policy at the NSA, with a push for more aggressive data collection to prevent future attacks, despite legal restrictions and concerns about privacy violations.

18:12

Hayden's Proposal: Preventing Another 9/11 Program

  • Hayden prepared a proposal to present to the Vice President in Washington, marking his first meeting in the Oval Office before 9/11.
  • The President, Vice President, National Security Adviser, and others were present during Hayden's meeting with the President, where they discussed preventing another 9/11.
  • The President authorized a program to gather data on phone calls and internet traffic of millions of Americans, searching for suspicious connections.
  • The President assured Hayden of his authority to proceed with the program, despite legal concerns, instructing him to develop it and return.
  • The President officially authorized the program in a secret signing with the Vice President, with the order written by the Vice President's lawyer and kept secret.
  • Hayden sought legal advice on the program's legality, with his top lawyer and two other NSA lawyers concluding it was a legitimate use of the President's authority.
  • The program began collecting massive amounts of data on communications, including phone calls and internet activities, under a new authority.
  • Only a small group of NSA employees knew about the program, with senior manager Thomas Drake unaware of its existence due to his focus on a different task.
  • Drake discovered a previous program called Thin Thread, designed to monitor data while protecting privacy, which was not being used in the new program.
  • Concerned about the program's legality and violation of privacy rules, Drake and other members of the Thin Thread team retired or left the NSA, while Drake attempted to raise concerns internally and with Congress.

36:18

Controversial Surveillance Program Sparks Government Standoff

  • General Hayden was adept at presenting information in a way that avoided questioning, using careful language to sidestep uncomfortable topics.
  • The purpose was to involve the other political branch in a program, but strict conditions were set for briefings by the Vice President's office.
  • Senators and members of Congress were briefed on a program without being allowed to bring staff or fully comprehend the legal and technological aspects.
  • Concerns were raised about the program's ethics, legality, and constitutionality, leading to a confrontation with General Hayden.
  • Attorney Thomas Tam discovered evidence of electronic surveillance without warrants, raising concerns about legality and lack of transparency.
  • Tam's attempts to address concerns within the Department of Justice were met with resistance, leading him to consider whistleblowing.
  • Jack Goldsmith, head of the Office of Legal Counsel, raised doubts about the legality of a secret program tracking data on millions of Americans' emails.
  • Goldsmith's objections to the program led to a confrontation with David Addington, who vehemently defended the program's legality.
  • Deputy Attorney General James Comey and Goldsmith informed Attorney General Ashcroft of the program's potential illegality, leading to a standoff with the White House.
  • The White House attempted to bypass the Justice Department's concerns by drafting a new order reauthorizing the program without the Attorney General's signature.

53:41

White House Counsel Signs Unauthorized Documents

  • Alberto Gonzalez, the new White House counsel, signed documents without full legal authority to protect the President.
  • General Hayden and Gonzalez agreed to continue a program despite legal ambiguity due to a terrorist attack in Madrid.
  • President Bush reauthorized the program, leading to the resignation of Deputy Attorney General Comey and potential resignations of other top officials.
  • President Bush, unaware of the situation's severity, intervened to prevent further resignations.
  • The warrantless email data collection program was shut down but later resumed under different legal interpretations.
  • General Hayden convinced Judge Colleen Kollar-Kotelly to allow the NSA to collect internet metadata.
  • The program's legality was questioned, leading to internal debates and leaks to the press by Thomas Tam and others.
  • The New York Times prepared to expose the program, facing government pressure to withhold the story.
  • The Times editors initially decided not to publish the story, fearing national security risks.
  • General Hayden was promoted to oversee intelligence operations, leading to Tom Drake's concerns and eventual dismissal.

01:11:24

Government program exposed in controversial book publication.

  • Reporter James Risen decided to publish a book after the New York Times refused to print a chapter about a government program.
  • Risen invited Eric Lichtblau to read the draft chapter at his house, revealing the program's existence and the administration's influence on the media.
  • The New York Times editors were angered by Risen's plan to include the NSA story in his book, leading to tense discussions.
  • The editors faced a dilemma on whether to publish the story after being summoned to the White House by President Bush.
  • General Hayden briefed the Times editors on the program, citing a plot to bring down the Brooklyn Bridge, which raised doubts among the editors.
  • President Bush warned the Times that they would be responsible for the next attack if they published the story.
  • The New York Times eventually published the story about the NSA's surveillance program, shocking the world.
  • Bush defended the wiretapping program, describing it as crucial to national security and minimizing its scope.
  • General Hayden downplayed the program's scale during a press conference, misleading the public about its true nature.
  • Thomas Drake, a whistleblower, leaked unclassified information about the NSA's surveillance program to a reporter, triggering an investigation and raids on suspects' homes.

01:29:52

FBI Raid Sparks Whistleblower's Fight for Justice

  • Tom Drake's home was not raided by the FBI initially, but he felt he was next.
  • On November 28th, 2007, a dozen FBI agents arrived at Drake's home with a search warrant.
  • The FBI suspected Drake of leaking to The New York Times, not the NSA's illegal program.
  • Drake spent a day trying to convince the FBI of NSA's wrongdoing, but they focused on his leaks.
  • Drake faced the threat of a long prison sentence unless he cooperated with the investigation.
  • The FBI wanted Drake to confess to being part of a conspiracy involving others.
  • In 2008, during a presidential election year, Barack Obama promised transparency and change.
  • Obama supported whistleblowers, emphasizing their role in improving government conduct.
  • Obama criticized the surveillance state and illegal wiretapping, promising a different approach.
  • Despite his past opposition, Obama voted for a surveillance bill, enhancing national security measures.

01:47:35

"Classified Material Charges Dropped; Snowden Leaks"

  • Tom Drake was charged with having classified material, which was only classified after being seized from his home, leading to the charges being dropped just before the trial. He pleaded guilty to a misdemeanor, paid a court fee, was put on probation, and given community service, unlike other suspects in the leak investigation.
  • Edward Snowden, working for a new NSA contractor in Hawaii, decided to expose the program by providing documents to Glenn Greenwald, Laura Poitras, and Barton Gellman, revealing classified information and initiating the largest leak in US history, causing a significant threat to the NSA's program.
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