Republicans always assumed that the NSA was monitoing Michael Flynn’s phone calls with the Russian ambassador but it was really the FBI.
Back in November 2013, Joseph Fitzanakis of Intel News wrote a piece explaining that the Federal Bureau of Investigation is responsible for monitoring the activities of foreign diplomats on American soil. It was mainly cribbed off a Foreign Policy article authored by Matthew Aid, but unfortunately we can’t access the orginal for free on the internet. In the lengthy citations below, you’ll see that the National Security Agency is not in charge of spying on, say, the Russian ambassador in Washington, DC. That’s admittedly some esoteric knowledge for the average citizen, but it shouldn’t be news to anyone who wants to be confirmed as the next Director of National Intelligence.
Over the past several months, the Edward Snowden affair has turned the typically reclusive National Security Agency into a news media sensation. The signals intelligence agency, which is tasked by the United States government with communications interception, is said to have spied on a host of foreign government officials and diplomats. But in an article published this week in Foreign Policy, the American military historian and author Matthew Aid reminds us that American intelligence operations against foreign diplomats do not usually involve the NSA. They are typically carried out by the Federal Bureau of Investigation, which has been in the business of monitoring the activities of foreign diplomats on US soil long before the NSA even existed.
The author of Intel Wars and The Secret Sentry states in his article that the FBI’s cryptologic operations targeting foreign envoys are today far more sensitive and the NSA’s. The vast majority of these operations take place on US soil. There are currently over 600 foreign embassies, consulates and diplomatic missions in the US, maintained by 176 countries. They include over 200 consulates located in cities ranging from Miami to Los Angeles and from San Francisco to Boston. New York alone hosts over 100 permanent diplomatic missions at the United Nations headquarters.
If you’re worried about the reach of the Deep State, you ought to pay more attention to the FBI. They are pretty aggressive:
Aid points out that “every one of these embassies and consulates is watched by the FBI’s legion of counterintelligence officers” in varying degrees. Additionally, the Bureau relies on the close cooperation of large American telecommunications providers in its effort to intercept the landline and cellular communications “of virtually every embassy and consulate in the United States”. FBI communications technicians also intercept the personal telephone calls and emails of foreign diplomats on a regular basis, adds Aid.
They must be pleased that the NSA took almost all the heat for this kind of stuff. They don’t limit themselves to listening to phone calls and reading emails, and they might not want to know about that either.
Sometimes the Bureau employs specially trained teams of agents who physically break into embassies and consulates, in what is known in intelligence lingo as ‘black bag jobs’. These surreptitious entry operations are conducted in order to steal encryption codes, cryptological hardware, to install listening bugs or to compromise security systems. In other cases, says Aid, the FBI resorts to aerial surveillance in order to evaluate the structural features of foreign diplomatic missions. He gives the example of the recently constructed Chinese embassy on Washington DC’s Van Ness Street. Bureau helicopters conducted regular flights over the embassy while it was being constructed, between 2006 and 2009, taking “high-resolution photographs” of the construction site. The goal was allegedly to locate the embassy’s communications center.
However you feel about this, the Bureau is authorized to carry out these operations, and that is why they were the agency that intercepted Michael Flynn’s phone calls to Russian ambassador Sergey Kislyak in December 2016. People who are familiar with how the American intelligence community functions would have either known this or assumed it to be the case, but Trump’s nominee to be DNI did not know it.
The president’s GOP allies, including his probable next DNI, Rep. John Ratcliffe (R-Tex.), have long pressed to learn who provided the media with information on Flynn’s calls. “It does appear that there were crimes committed during the Obama administration,” Ratcliffe told Fox News last July. “His phone call with the Russian ambassador was a highly classified NSA intercept,” he said, apparently not realizing it was an FBI intercept. “Someone in the Obama administration leaked that call to The Washington Post. That’s a felony.”
One reason why it matters that the FBI, and not the NSA, monitored the Flynn-Kislyak calls is that the FBI isn’t as meticulous about “masking” the identities of Americans in its intelligence reports. This is probably because the vast majority of the FBI’s work involves domestic surveillance, while the CIA is theoretically barred from doing that work and the NSA has strict protocols it needs to follow to protect the rights and privacy of American citizens.
Whatever the reason, the FBI did not hide Flynn’s identity in the intelligence reports on the calls that they distributed. This means that an enormously long list of people could be responsible for leaking the information to David Ignatius of the Washington Post in January 2017. It also means that all the talk Trump and his minions have been making about “the unmasking of Michael Flynn” was based on a badly flawed premise.
When the NSA inadvertently captures an American talking to a foreign national and needs to report on the foreign national, they will hide the identity of the American. Anyone who wants to know the American’s identity has to have the proper authority and put in a formal request. There is a record kept of all these “unmasking” requests, and the Republicans have been seeking those records for quite some time. When they finally got them, there were a little confused:
Senate Judiciary Committee Chairman Lindsey O. Graham (R-S.C.) announced this week that he wants to subpoena witnesses over the unmasking of Flynn, as part of a larger effort to unearth information about the FBI’s investigation of Trump campaign officials.
On Tuesday, he sent a letter to acting director of national intelligence Richard Grenell asking why a declassified list of Obama administration officials who had made requests that revealed Flynn’s name in intelligence documents “did not contain a record showing who unmasked” Flynn’s identity in relation to “his phone call with” the Russian diplomat, Sergey Kislyak.
See, Flynn wasn’t “unmasked” by a request. He was never masked in the first place:
The list, prepared at Grenell’s request by the National Security Agency, covered requests made between Nov. 30, 2016 and Jan. 12, 2017. The majority of requests occurred before Flynn’s communications with Kislyak on Dec. 29.
It was the FBI, not the NSA, that wiretapped Kislyak’s calls and created the summary and transcript, the former officials said.
“When the FBI circulated [the report], they included Flynn’s name from the beginning” because it was essential to understanding its significance, said a former senior U.S. official, who spoke on the condition of anonymity to describe sensitive intelligence. “There were therefore no requests for the unmasking of that information.”
All was not lost, since Lindsey Graham and his moronic cohorts did get the Washington Post to run idiotic headlines like this: GOP senators release list of Obama officials, including Biden, who “unmasked” Mike Flynn. Still, they were not prepared to learn that the NSA didn’t do the collection and that they had therefore never had to hide Flynn’s identity from anyone.