The Pentagon's New Spies
The military has built a vast domestic-intelligence network to
fight terrorism -- but it's using it to track students,
grandmothers and others protesting the war

request. Military officials wanted the authority to spy on U.S.
citizens on American soil, without identifying themselves, in
order to collect intelligence about about terrorist threats. The
plan was so sweeping, according to congressional sources who
reviewed it, that it would have permitted operatives from the
Defense Intelligence Agency to spy on dissidents by posing as
peace activists and infiltrating anti-war meetings.
Senators on both sides of the aisle refused to go along with the
plan. "The Department of Defense should not be in the business
of spying on law-abiding Americans -- period," said Sen. Ron
Wyden, a Democrat from Oregon. In closed-door deliberations, the
intelligence committee blocked the request.
In fact, however, the Pentagon has already assembled a
nationwide domestic spying machine that goes far beyond the
National Security Agency's warrantless surveillance of telephone
and e-mail traffic. Operating in secret, the Defense Department
is systematically gathering and analyzing intelligence on
American citizens at home -- and a new Pentagon agency called
Counterintelligence Field Activity (CIFA) is helping to
coordinate the military's covert efforts with federal, state and
local law enforcement agencies.
Those responsible for the military's new spy network insist that
it is aimed at preventing another attack by Al Qaeda. "The
premise is that there needs to be a nexus to foreign terrorism,"
says David Burtt, CIFA's director. "In the wake of 9/11, there
was a lot of criticism about the ability to collect dots and
connect dots."
So far, the military's efforts at domestic spying have caught
few, if any, terrorists. But the Pentagon has tracked the
activities of anti-war activists across the country who have
staged peaceful demonstrations against military bases and
defense contractors such as Halliburton. Traditionally
restricted to action overseas, America's armed forces --
including the National Guard -- are now linked in a growing
domestic spying apparatus which, thanks to technology, has far
greater power than the Army units that conducted a massive
operation to infiltrate, disrupt and destabilize Vietnam and
civil rights protests during the 1960s and '70s. "We are
deputizing the military to spy on law-abiding Americans in
America," said Wyden. "This is a huge leap without even a
congressional hearing."
* * * *
Intelligence gathered by the military runs into and out of the
U.S. Northern Command in Colorado Springs, Colorado. Here,
beneath the snow-covered summit of Pike's Peak, the Defense
Department has set up its first command dedicated to homeland
security in a gleaming new $90 million facility. Before Northcom
was established in 2002, the facility was best known as the home
of the North American Aerospace Defense Command, the
ultra-high-tech war room depicted in the movie WarGames, where
sharp-eyed military personnel spent the Cold War watching for a
nuclear attack by the Soviet Union.
Nowadays, the place is more like a real-life version of the
counterterrorism unit on 24. Judging from the bustle of activity
at Northcom, anti-terrorism is good for business. The corridors
are filled with dust from construction and the smell of paint,
and a brand-new wing is nearly ready to open. Over the past four
years, Northcom has doubled in size and now boasts a staff of
1,200 and an annual budget of $93 million.
At the center of the operation is a core group of 300
intelligence analysts and staff who inhabit Northcom and its
state-of-the-art facility, called the Combined Intelligence
Fusion Center. "Intelligence fusion" is a spy master's term of
art that refers to melding together data from all points --
including intelligence agencies, the armed forces, law
enforcement and other sources -- and analyzing all the seemingly
disparate information for patterns. "The fusion and analysis
that these kids do is different than anything I've seen in forty
years," says Adm. Timothy Keating, the commander of Northcom.
The intelligence streaming into the center can be anything from
highly polished analyses from the CIA and FBI to the military's
own alerts and warnings. At the bottom are Suspicious Activity
Reports (SARs) filed by many government agencies, which are
often little more than rumors based on unfounded information --
a financial officer who notes an odd money transfer or a
military spouse who spots a suspect individual near a base. More
official are Threat and Local Observation Notices (TALONs), part
of a surveillance program started by the Pentagon in 2003. More
than 15,000 TALONs have been collected so far, from sources such
as soldiers manning gates outside military bases,
law-enforcement agencies, local businesses and the media. The
SARs and TALONs -- along with intelligence from the armed
forces, such as the U.S. Air Force program known as Eagle Eyes
-- are eventually integrated into a single intelligence database
called JPEN, for the Joint Protection Enterprise Network.
In its homeland-security role, Northcom has mobilized troops for
hundreds of events since 2002, including the Super Bowl, the
Daytona 500, Boy Scout jamborees and the presidential
inauguration. The sixty-four members of its instant command
center, including an intelligence team that can be mobilized in
hours, have been sent into action at special events nine times
in the past two years. In addition, scores of federal agencies
-- from the CIA and FBI to the Coast Guard and FEMA -- have
officials based at Northcom to coordinate their work. "We're
fully integrated with the Special Operations Command," says Maj.
Gen. Richard Rowe, Northcom's director of operations. "We have
people who've done operations from a Special Ops perspective."
Inside Northcom's operations center, where wall-size screens
flank rows of computer terminals linked to federal agencies,
military analysts monitor everything from the president's
travels to routine air traffic. A placard in the war room lists
fourteen events that merit immediate attention -- "we call them
'wake me up in the middle of the night' stuff," says Col. Bob
Felderman of Northcom operations. Adds another Northcom
official, "We get reports if somebody's pounding on a cockpit
door in flight, or there's a drunk passenger, or somebody's
taped a note in an airplane restroom." But the list also
includes a category for "civil disturbances of more than 1,000
persons" -- a directive broad enough to include an anti-war
demonstration or anti-globalization protest.
Keating, a gray-haired commander who led the U.S. Fifth Fleet,
insists that Northcom does not spy on Americans. "We are not
allowed to gather intelligence on U.S. persons unless there is a
clearly defined, well-understood terrorist nexus," he says.
Ever since 1878, when the Posse Comitatus Act barred the U.S.
military from taking part in law enforcement, the responsibility
for domestic security has traditionally resided with the police
and the FBI. The Defense Department, for the most part, has been
confined to protecting U.S. military bases. But shortly after
September 11th, the Pentagon began muscling in on the FBI's
turf. In 2002, in a move that received little public attention,
the Bush administration created Counterintelligence Field
Activity and charged the new agency with consolidating all
Pentagon intelligence to "protect DOD and the nation against
espionage, other intelligence activities, sabotage,
assassinations and terrorist activities."
The agency got another boost last year when a commission
appointed by Bush urged that CIFA be empowered to collect and
analyze intelligence "both inside and outside the United
States." Three of the commission's consultants, it turns out,
were employees of MZM -- one of CIFA's primary contractors --
and federal prosecutors are now looking into whether Pentagon
personnel have committed crimes in steering CIFA contracts to
MZM. Nevertheless, the president agreed last October to
significantly broaden the agency's mission, giving it the
authority to actually direct military intelligence operations.
From a small unit designed as a clearinghouse for reports, CIFA
was transformed overnight into a major arm of domestic
intelligence. Both its budget and its staff, thought to be in
excess of 1,000 people, are classified.
According to a Defense Department strategy paper, military
spying encompasses not only "defense critical infrastructure" --
highways, bridges, communications facilities, chemical plants
and nuclear reactors -- but also the "defense industrial base,"
which the paper describes as "a worldwide industrial complex
with capabilities to perform research and development and
design, produce, and maintain military weapons systems,
subsystems, components or parts to meet military requirements."
In other words, the Pentagon sees itself as defending the entire
military-industrial complex -- a mission broad enough to include
intelligence on virtually any conceivable threat.
* * * *
It didn't take long for the pentagon to begin using its new
powers to collect intelligence on anti-war groups. In December,
NBC News reported that CIFA had collected dozens of incident and
threat reports on peace activists and other nonviolent
organizations that have nothing to do with terrorism. By
matching the unnamed groups in the news reports to specific
activities of activists nationwide, the American Civil Liberties
Union discovered that the military's spying effort had ensnared
the American Friends Service Committee, United for Peace and
Justice, and Veterans for Peace, as well as local anti-war
groups from Florida to California.
A group at University of California Santa Cruz called Students
Against the War was included in CIFA's terrorism database in
April 2005, when it staged a protest against military recruiters
on campus. Although the protest was peaceful, a TALON report
called the demonstration a "threat," an assessment that CIFA
deemed "credible." A Florida group called the Truth Project
ended up in the database in November 2004, when they gathered at
a Quaker meetinghouse to plan a protest against high school
recruiting by the military. Five months earlier, ten peace
activists in Texas merited a TALON report for donning
papier-m?ch? masks and handing out peanut-butter sandwiches to
highlight "war profiteering" outside the offices of Vice
President Dick Cheney's former firm, the defense contractor
Halliburton.
In May 2005, a California group called the Raging Grannies ran
afoul of military spies when it helped organize a peaceful
Mother's Day demonstration to protest the war in Iraq.
Unbeknownst to them, their action was brought to the attention
of a new intelligence unit at the California National Guard -- a
program that went by the cumbersome title of Information
Synchronization, Knowledge Management, and Intelligence Fusion.
According to internal e-mails, the Guard forwarded information
about the protest "to our Intell folks who continue to monitor."
Asked why the Guard was spying on the Grannies, a spokesman
suggested that terrorists might try to take advantage of the
activists. "Who knows who could infiltrate that type of group
and try to stir something up?" Lt. Col. Stan Zezotarski told
reporters. "After all, we live in an age of terrorism, so who
knows?"
Joe Dunn, a California state senator, was having none of it. He
launched an investigation and helped force the Guard to shut
down its intelligence center. "What got us to the point of the
National Guard setting up units in which, at least in
California, they start down the path of domestic spying?" he
asks. "Our fear is that this was part of a federally sponsored
effort to set up domestic surveillance programs in a way that
would circumvent the Posse Comitatus Act."
The ACLU, which is demanding more information about CIFA's
activities, cites a "broad and disturbing pattern" in the
military's intelligence gathering, saying the efforts are being
used to target legitimate protesters. "The chilling effect of
this may be the most significant," says ACLU staff attorney Ben
Wizner. "There is a real danger when the military is seen as
being used as part of the administration's political goals."
According to Denice Denton, the chancellor at Santa Cruz, the
military's covert intelligence operation is already deterring
dissent. "It has intimidated people," she says. "I spoke to one
of the students involved, and she feels intimidated about
speaking openly because she is being watched. Students wonder,
'How was this information being collected? Were people standing
behind a tree?' "
Some of the military intelligence, in fact, appears to be based
on very little intelligence. "These reports are nothing more
than a gossip and rumor index," says Christopher Pyle, a former
Army intelligence officer who exposed some of the abuses by
military spy agencies in the 1960s. "A lot of them are filed by
paranoid housewives and rabid, retired colonels with nothing
better to do than spy on the people around them."
With the military spying on peace groups, some activists say
they are on the lookout for moles within their own ranks. Ray
Del Papa, who attended the Truth Project meeting in Florida,
told reporters that he believes government agents infiltrated
the organization. "You could pretty much pick out who are the
infiltrators," he said. "It gets you mad. It is wrong for anyone
from the government to have to spy on U.S. citizens."
No one disputes that the Pentagon has a responsibility to
protect its facilities and personnel. But its broad definition
of "terrorism" could easily lead it back into the business of
targeting legitimate protesters. In the late 1960s, more than
1,500 Army personnel tracked a wide range of dissident groups
and monitored every demonstration involving more than twenty
people, amassing files on more than 100,000 Americans.
The Pentagon has apologized for the latest abuses and pledged to
clean up its act. Robert Rogalski, acting deputy undersecretary
of defense for counterintelligence and security, says a complete
review of CIFA's database is under way, adding that any data on
dissidents was included by mistake. "We've laid our dirty
laundry on the table, we recognize that mistakes were made, and
we've done the right thing," he says. "It did cause us to
realize that we have to sharpen the focus."
But it may be hard to undo the damage. By law, TALON reports
that do not warrant further investigation are supposed to be
purged from all databases after ninety days. Yet the information
is shared with so many agencies, there is simply no way for
citizens to know that their names have been cleared. "It's
impossible to know how many databases there are," says Jim
Harper, an information-policy specialist at the conservative
Cato Institute in Washington, D.C. "And every other week,
databases are being combined."
The broader threat is that military spies will gradually expand
their anti-terrorist mission to include more and more ordinary
citizens. "The danger is that we create an apparatus for spying
-- and that becomes the essential apparatus of a police state,"
says Pyle, the former intelligence officer. "It goes from
clipping articles to sending people out to watch protesters to
taking video and sending it back to the Pentagon. If some kids
knock down a power line somewhere, soon they'll be looking at
every member of Earth First! and the Earth Liberation Front."
The military's intelligence gathering got out of hand
thirty-five years ago, Pyle observes. "And my sense is," he
says, "the bureaucracy forgets stuff like that."
ROBERT DREYFUSS
Posted Apr 18, 2006 8:18 PM
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