“I recognize the objection from the senator from Kentucky,” said Simpson. “Please state your objections for the record.”
“For the record? Is this committee stating that this top-secret meeting that required security clearance is on the record? That would be good. I’m all for it. Just want to be clear,” stated Galvin.
“It’s on the record for the committee, but it won’t be shared outside of the committee,” answered Simpson.
“Well, it may be subpoenaed someday, so I’m happy to be on the record. First, the resolution says this is a re-authorization of existing FISA warrants? I have no record of this committee being involved in those original FISA requests. When were those original FISA warrants issued and when did this committee see them? I have never missed a committee meeting, and I have no record of this request.”
“Senator Galvin, we were not privy to the original FISA warrants. The FBI and the administration obtained those warrants in their normal course of business and obviously did not need our input or oversight to obtain them,” stated Simpson
“I would ask the chairman then, if that is the case, why it is this committee is asking for a resolution for the continuance of an existing FISA court warrant?” pressed Galvin
“I would offer to the committee that, in light of the tragedy in Dallas, the FBI is requesting extraordinary surveillance authorizations on those suspected to be involved with the IRS bombings and mass shooting. I think this committee owes the FBI our full support,” Simpson said pompously, followed by “hear, hear” from several other senators.
“I would ask FBI Director Nelson to explain what is extraordinary about these FISA warrants. The FBI didn’t need our permission before. How many times have these existing warrants been renewed?” Galvin pointed his questions at Nelson, who was sitting at a table by himself facing the twenty-two committee members.
“Senator, these FISA court warrants are now on their sixth ninety-day renewal cycle,” answered Nelson.
“Sixth? These warrants that last ninety days have been renewed five previous times?”
“Yes, Senator.”
“Then please explain to the committee why, after five previous renewals of these warrants by the FISA court, you are sitting here in this meeting asking for this committee’s blessing? I don’t get it.” Galvin paused as he glanced to other senators on the committee, who were not asking what seemed to him to be an obvious question.
“We are asking the court to expand the number of suspects under surveillance, Senator Galvin. That’s about the extent of it.”
“I still don’t get it, Mr. Nelson. Mr. Chairman, there is nothing on this printed summary brief that would indicate Mr. Nelson’s explanation as to why this is extraordinary. Mr. Nelson, can you help me, or any other senator on this committee, fully understand why you felt you would like to have this committee’s blessing to expand this FISA warrant after you have renewed it five previous times without it?”
“As I stated, Senator, we are asking the FISA court to expand the surveillance in light of the IRS bombings and the mass shooting,” Nelson responded.
“Okay, I must really be dense. Let’s start with this. How many people were on the original FISA Warrant”?” Galvin asked.
“Two hundred sixty-four, Senator.”
“Wow. Really? And the suspected crime was what?”
“It was national security interests related to the Texas Crisis,” answered Nelson.
“How many people are on this FISA court warrant you have before us today?” demanded Galvin.
Director Nelson looked at the chairman, hesitant to answer.
“Senator, I’m not sure I’m at liberty to say.”
“What? Then what the hell are we all doing here today? There is obviously something extraordinary in this request for our blessing. Mr. Chairman, I am trying to get to the root of why you have called this hearing.”
“The senator from Kentucky has two minutes left,” interrupted Simpson.
“Okay, then let’s try this again, Director. What is the exact reason you are asking us for a top-secret resolution for a FISA court warrant that you have already renewed five previous times? I would like a very direct answer, sir!” demanded Galvin.
“My presence here was requested by the president,” Nelson stated, to the obvious discomfort of several on the committee.
“For the record, I will ask our stenographer to delete that comment,” Simpson instructed.
Galvin, who was extremely annoyed with Simpson’s request, had to think fast and pick his argument. The chairman had only allowed him a few minutes and challenging Simpson about a strike of a comment on the record would likely leave him little time for the director.
“We can debate that strike later, Mr. Chairman. Now, Director, exactly why would President Bartlett ask you to come down here and get what really amounts to political cover to request a blessing on a five-time renewed FISA court warrant? Is it because the sixth renewal is the magic number? I need your direct answer right now, Director.”
Nelson reached for his water and took a gulp.
“I’m waiting, Director.”
“The senator from Kentucky has one minute.”
“Yeah, yeah. Director, what is your answer before this committee?” demanded Galvin as he slid to the front of his chair to get closer to the mic, and thus louder in the committee room, for emphasis.
“Senator, beside the fact that this is the sixth renewal request of this FISA warrant, we have been unsuccessful in the surveillance of several key suspects, which is why this has been renewed so many times.”
“Bull crap, Director! I’m sure the FBI has to renew FISA warrants all the time because you haven’t uncovered enough evidence in a surveillance that would lead to an indictment in hundreds of cases. What are the special circumstances that are so important to the president, who has directed you to be here before us.”
“The senator from Kentucky has thirty seconds.”
“Director?”
“We are asking the FISA court to greatly expand the surveillance.”
“In what terms, Director? In scope? In methods? Expand how?”
“Yes, methods for sure, but specifically number of suspects,” Nelson finally responded.
“Okay, now we are getting somewhere. Your last warrant was two hundred sixty-four. What is your current request to expand the number of suspects?”
“Uhh-um,” the Director cleared his throat. “Twenty thousand, two hundred eleven suspects.”
“Excuse me? Can you please repeat that number? I don’t think this committee heard it correctly.”
“Twenty thousand, two hundred eleven, Senator.”
Galvin was incredulous, “You absolutely cannot be serious, Director. You are sitting here asking this committee to bless a FISA court warrant to surveil twenty-one thousand Americans? Are you insane? Is the president insane?”
“Order. Order. Order. Mr. Galvin, your time is up.” said Simpson.
“Mr. Chairman, I asked the director who exactly makes up the twenty-one thousand individuals and what suspected crimes does he have that justifies a surveillance warrant on each of them?” demanded Galvin.
“The senator from Kentucky, your time is up,” stated Simpson as he brought his gavel down.
Galvin, now standing, directed his vitriol toward Simpson. “Mr. Chairman, I ask that any senator on this committee yield their time to me to continue this extremely important questioning, or to continue this same line of questions to Director Nelson!”
“The chair recognizes your request, and we will proceed,” continued Simpson.
One by one, as the floor was yielded to senator after senator, not one senator yielded time back to Galvin, who was becoming increasingly frustrated. If a senator asked Director Nelson a question, it was either a question everyone already knew the answer to or a line of questions that did not follow the same track that Galvin took. Most of the senators didn’t even ask a question, taking an opportunity to laud l
aw enforcement for the response to the Dallas mass shooting or, in the case of the Democratic senators, to sing the praises of the hard-working average Internal Revenue Service employees who were now terrorized over the bombings.
Down to the very last senator, a Republican from Wyoming, Simpson declared, “The floor is yielded to the senator from Wyoming, Senator Kettering.”
“Mr. Chairman, let me state that I, like the good senator from Kentucky, have grave concerns over the scope and size of this FISA warrant request. Therefore, in the interest of time, I yield the remainder of my time to the senator from Kentucky.”
Simpson was incensed that Kettering broke from the rest of the Republicans to allow Galvin to press his line of questioning. Simpson had assured Chief of Staff Weingold that this hearing would be a formality and that he would keep tight controls. It was important to the president that, at any point now or in the future, this FISA warrant was not considered an executive branch overreach, was legal and that Congress, and specifically the Senate, had agreed to the extraordinary FISA requests and were fully on board.
“Thank you, Senator Kettering. I’ll get right to it. Mr. Nelson, who are the twenty-one thousand people on this list? I have no attachment with names. How does this committee know who it is you are surveilling?”
“Senator, that list is considered Top Secret and we did not make a copy of it for this hearing.” Nelson said.
“Why not, Mr. Nelson? Every person on this committee has Top Secret clearance. Surely, as the FBI director, you are aware of that.”
“Senator, yes, we are aware but are mindful that copies of that list could get out.”
“So you are saying members of this committee would not hold those documents and would distribute those willy-nilly, despite the fact that we have clearance and are entrusted with sensitive intelligence documents on a regular basis? I don’t buy it, Director!”
Director Nelson didn’t offer any other explanation, but just sat there waiting for the next question.
“Mr. Chairman, I respectfully ask for a two-hour recess so that the FBI director can march back over to his office and produce a list of the twenty-one thousand Americans he plans to surveil for review by this committee.”
“The senator’s request is denied,” stated Simpson flatly. “It is this committee’s opinion that we have government employees at the IRS in immediate danger, that the suspect in the mass shooting of children is still at large, and that any unnecessary delays jeopardize the lives of IRS employees and the administration of justice for those children killed. I will, however, change my mind and offer a procedural vote for a recess.”
Simpson took a quick voice vote and Galvin was easily defeated for the recess, with only Kettering voting for recess with him.
“The senator from Wyoming had two minutes remaining.”
“I yield the remainder of my time to the senator from Kentucky,” said Kettering again.
“Mr. Nelson. Again, I will ask you, who are the twenty-one thousand Americans you are asking the FISA court to allow unfettered surveillance activities on?” Galvin demanded.
“Senator, these are people the agency, the NSA and Homeland Security believe have ties to organizations that likely participated in the IRS bombings and in the mass shooting in Dallas.”
“Mr. Nelson, that is a huge number. Are you telling me that you have substantial evidence of a conspiracy that seeks to kill IRS agents and children, so large that you need unrestricted warrants on twenty-one thousand people?”
“Senator, what our information tells us is that these anti-government groups are so pervasive that they have a sophisticated network of militias that is much larger than most of us realize,” answered the director.
“Let me ask you a few questions about these people on your list,” pressed Galvin. “Are there any Tea Party groups represented on this list?”
“I’m not sure, Senator. Based on our information, I would expect so.”
“That’s very interesting, Director, in that you are probably aware I am very active in Tea Party groups, and I would never consider them anti-government unless that designation is in your agency’s mind and that of this and past administrations. Is asking your government to follow the U.S. Constitution somehow anti-government? Am I on your list, Director?”
“I do not believe you are on that list, Senator.”
“Are there any other people who hold political office on that list, Director?”
“Yes, Senator. Unfortunately,” Nelson responded.
“How many are Democrats? How many are Republicans?”
“Senator, I do not know the answer to that question as we sit here today.”
“Would you guess that there are more Republicans than Democrats on this list for surveillance?”
“Probably, Senator, but I do not have those kinds of numbers here today.”
“Is there a geographic area or state where most of these people reside?”
“Yes, Senator, Texas,” replied Nelson. “That would be the predominant geographic representation, based on the fact the IRS bombings were in Texas and the mass shooting occurred there.”
“Are there existing law enforcement members on that list?” Galvin asked.
“I believe there are, Senator.”
“Mr. Nelson, are you aware of any FISA court warrant in American history that has ever asked the court to allow the unrestricted lifting of the protection of the Fourth Amendment to the United States Constitution for such a large number of citizens?”
“Senator, I’m not an expert on the historical significance of any particular warrant.”
“Mr. Nelson, have you… have you specifically had a direct conversation with the president of the United States about this FISA court request or regarding the people on the list you are asking to be allowed to surveil?”
The director paused carefully before answering, “I have not had those personal conversations, Senator.”
“Time is up, Senator Galvin.” Simpson struck the gavel on the table.
“One last question if you will, Mr. Chairman,” pushed Galvin.
“The Chair has the floor, Senator…”
“Mr. Nelson, to your knowledge, has your boss… has the attorney general had those specific conversations with the president? Has she seen and approved this list?”
“Mr. Nelson, this committee has closed questioning. Do not answer the senator’s question.”
Galvin continued, despite Simpson’s closure of questioning. “Mr. Nelson, did the president of the United States direct your agency to seek this FISA court warrant on twenty-one thousand Americans? I demand your answer!”
“Time is up, Senator! Mr. Nelson, thank you for your appearance here today. You are respectfully dismissed. The committee will strike the last line of questioning from the record from the time Mr. Kettering yielded his time to Mr. Galvin.”
As Director Nelson was packing up his briefcase to leave the witness table, Galvin shouted out: “Director, do you think it’s patriotic to spy on twenty-one thousand fellow citizens?”
Nelson turned toward Galvin, picking up his briefcase, “I think it would be unpatriotic not to.”
Chapter 53
“When liberty comes with hands dabbled in blood it is hard to shake hands with her.”
- Oscar Wilde (1854-1900)
Irish Poet and Playwright
The Free Texas team had been busy preparing the Bunker headquarters for Ghost. In this scenario, Beard and his team were virtually destroying any connection to their operatives around the world and making sure no clues were left behind in the event of a complete takeover of the Bunker by the feds. The objective was to erase any and all evidence, data or files that the feds could use against them.
Beard had been busy on the encrypted satellite phone with his counterparts in London, Brussels and Pune, India. He was shouting out directions to those around him, while totally immersed in conversations on the sat phones and two computer screens.
Zach kne
w Beard was on to something but wasn’t sure what. When Beard got like this, Zach and Will knew to back off and let his intelligence skills bear fruit. Zach was getting more nervous with every minute that passed. He was sure the feds were going to launch on them at any moment as the convenient scapegoats for the IRS bombings and the mass shooting in Dallas.
Beard rushed into Zach’s office with his laptop opened, careful not to drop it.
“Damn, Beard. We should be scattering to the wind right now. What is so important that you're keeping us here longer than necessary?” asked Zach.
“Boss, we’ve been working on a hacking protocol on CIS’ software and their data centers. We’re in!”
“Beard, you’re the man! Are you serious?” shrieked Will, who for a moment forgot they were almost in Ghost mode and really needed to exit the Bunker.
“It wasn’t just me; we had six team members working on this since we were able to defeat the encryption on Ottosson’s laptops. Once we figured out how they encrypt, it gave us clues as to how they protect and encrypt all the data on their network and in their data centers, and we’ve learned their security styles. The A-team is damn good!” claimed Beard, who was referring to a small group of hackers who had either cut a deal with the U.S. government in the past to avoid prosecution or jail time, or hackers that Turner had flipped from foreign subversives.
“These guys are all-stars. Damn, I’m impressed. Worth every penny we pay them. Let me have it! What are you finding?” pressed Zach.
“It’s very interesting, but too early to draw any conclusions. We have several directions we could go, but we need some time and some direction,” requested Beard.
“Damn it, Beard, we really don’t have the time, but I’ve been extremely suspicious of Bartlett’s miraculous presidential election comeback. While we are in Ghost, I want you to poke around on the feeds coming in on the comeback swing dates. See what you can find there, but before you do that, I want to know everyone on CIS’ payroll worldwide. Can you crack their human resources files?”
Purge on the Potomac Page 31