NSA and DOJ Continue to Allegedly Destroy Evidence

Recently, the Electronic Frontier Foundation, EFF, filed a claim in the case of Jewel (not the singer) vs. the NSA, alleging that the agency, along with members of the Department of Justice, had knowingly been destroying documents and information that could implicate them in crimes, which are even greater than those we’re already aware of, if made known to a judge or jury who hadn’t been properly primed ahead of time.


Photo: Gil C / Shutterstock

The suit, which alleges that the NSA and DOJ have been covertly demolishing troves of incriminating information which could put a lot of well-paid public servants behind several inches of spoon-proof concrete, has now been forced through emergency channels to shut down the operation and prevent any more valuable data from being flushed into the proverbial toilet before the public gets an opportunity to read it all in full.

They’ve skipped around the law this long by claiming they “misread” the statutes contained within the requirements of the 2008 ruling, believing they were still in their right to annihilate any files they deemed unfit for open court because they were sticking to the guidelines laid out by the executive branch, rather than the priviliges granted to them in secretly-held FISA proceedings.

Of course, the whole thing could totally backfire on the agency and their co-conspirators over at the DOJ, as Snowden and his beacons of journalistic justice sit on a treasure trove of documents that could still implement the NSA in any number of international and domestic crimes before this time next year.

During internal reviews, if the NSA can’t provide information or receipts which back up the integrity of any given leak, they’ll immediately be implicated for destroying evidence and actively attempting to block the investigations which were designed to prevent these actions in the first place.

“In communications with the government this week, plaintiffs learned to their surprise that the government is continuing to destroy evidence relating to the mass interception of Internet communications it is conducting under section 702 of the Foreign Intelligence Surveillance Act.

This would include evidence relating to its use of “splitters” to conduct bulk interceptions of the content of Internet communications from the Internet “backbone” network of AT&T, as described in multiple FISC opinions and in the evidence of Mark Klein and J. Scott Marcus.”

They’ve attempted to navigate some pretty strained loopholes in order to justify this wanton destruction of documents, and while for a time (read: over five years) it seems to have worked, the wheels of bureaucratic justice have started to turn, and the EFF finally is hot on their case.

In response to the allegations that the DOJ was complicit in destroying evidence that could implicate the NSA on any number of charges, the department issued a short statement yesterday which is somehow supposed to absolve them of any guilt in the matter.

“Undersigned counsel have been advised by the National Security Agency that compliance with the June 5, 2014 Order would cause severe operational consequences for the National Security Agency (NSA’s) national security mission, including the possible suspension of the Section 702 program and potential loss of access to lawfully collected signals intelligence information on foreign intelligence targets that is vital to NSA’s foreign intelligence mission.”