DAVID BRANCACCIO: Welcome.
When it comes to examining the workings of government, you learn a lot from whistleblowers. Tonight you'll hear from two very different people - who never expected to be the ones shining light into the dark recesses of government.
First up, Coleen Rowley. An FBI agent in Minneapolis, her office stumbled on the mother of all leads just three weeks before 9/11: a known Islamic extremist named Zacarias Moussaoui had plunked down $8000 in cash for lessons to fly a Boeing 747. Rowley's team arrested him and wanted a warrant to search his laptop computer but Rowley's superiors at FBI headquarters said no.
After 9/11, when it became clear that more could have been done, Rowley refused to go along with the FBI's efforts to avoid blame. She wrote FBI Director Robert Mueller a blistering letter pointing out that "no one will ever know" the impact the computer search would have had… calling his defense of the agency "a rush to judgment to protect the FBI at all costs."
Weeks later, she captivated a Senate hearing with her story of 'what the FBI knew and when they knew it.'
And that put her on the cover of TIME magazine's 'Person of the Year' issue for 2002.
Rowley retired from the Bureau this past December but now, she's taking on a new mission: becoming a loud and forceful voice in the effort to balance national security with the rights of citizens.
DAVID BRANCACCIO:
Well, Coleen Rowley, thanks for joining us on NOW.
COLEEN ROWLEY:
Thank you for having me.
DAVID BRANCACCIO:
So 9/11 comes about and then the Patriot Act followed it. And law enforcement was given new powers. Do you welcome those new powers?
COLEEN ROWLEY:
Well, the new powers are I suppose you could say it's like an effective strong medicine like Vioxx. It works very well for a particular ailment. But on the other hand, what is necessary is to monitor any side effects.
And, and if you go back in history, during the 1960s, there were examples where information that had been collected about individuals was actually misused. And that is what I think really lurks as a real potential problem in the future.
DAVID BRANCACCIO:
One of the many interesting things that arises when you study history in this way is you realize that FBI officials back then, even director J. Edgar Hoover, didn't have a sense back then that this kind of domestic spying was wrong. And so, it's then hard to trust the authorities to get this stuff right.
COLEEN ROWLEY:
It wasn't only him. It was at least 15 other officials, and no one had even considered whether this could be illegal or unethical.
You would simply be naive not to consider that these things could happen again without putting the proper mechanisms in place.
And, if we have another terrorist attack, the sad thing is then the pressure is even greater. Look what happened after 9/11. The perception at the time was that the people that were being put into detention after 9/11 were somehow related to the terrorists.
DAVID BRANCACCIO:
That's what people thought.
COLEEN ROWLEY:
Yeah. And you had a lot of fear, and you had a lot chaos ruling, and you had no mechanism in place. I mean, that's the key here. There was--
DAVID BRANCACCIO:
Well, was because, in the end the data showed that a lot these people had no connections to terrorism.
COLEEN ROWLEY:
Correct. What they call the "Post-9/11 detentions" were essentially people who had immigration issues. And, even administrative oversights occurred where people were not cleared in a timely manner even though investigation had been done that cleared them. And, they still were in jail for a longer period of time. There was no mechanism in place, and when you have an attack, you are more likely to have obviously law enforcement officials and intelligence officials overreacting.
That's why it's critical now that we get some things in place some guidance and some oversight that can hopefully prevent those types of problems and abuses.
DAVID BRANCACCIO:
On my bedside reading remains "The 9/11 Commission Report", and I've got a copy here, page 395, a recommendation: "At this time of increased and consolidated government authority, there should be a board within the Executive Branch to oversee adherence to the guidelines we recommend, and the commitment the government makes to defend our civil liberties." There it is, right in that Commission report. So what was set up?
COLEEN ROWLEY:
Well, the 9/11 Commission did not really fill in the blanks too well as to how this would be set up, and the Intelligence Reform Act didn't, either.
DAVID BRANCACCIO: That law, passed by Congress at the end of last year with many of the
Commission's recommendations, did create a civil liberties board, but critics say
it will be lacking in clout. Any of the board's requests for sensitive information
about cases can be vetoed by the Attorney General.
COLEEN ROWLEY:
There are supposed to be five panel members, a chairman and a vice-chairman and three others. And they are to serve at the pleasure of the President and the Executive Office of the President, and provide guidance and oversight in the war on terrorism on the civil liberties and privacy issues.
DAVID BRANCACCIO:
So, serve at the pleasure of the President? That doesn't sound totally independent to me.
COLEEN ROWLEY:
Well, that's one of the challenges. Because obviously if this becomes nothing but partisanship, then we're back to square one. What you do need is some independent, and in fact, scholarly advice about where the line should be drawn on between investigation, aggressive investigation, and civil liberties.
DAVID BRANCACCIO:
Some Minnesota state legislators have suggested you, Coleen, might be a good person for that board. What do you make of that?
COLEEN ROWLEY:
Actually, I'm very happy and surprised that - Not that I'm such personally such a great candidate for this, but what I wanted to do was to encourage other people out there, the law professors, for instance. The former privacy councils, even in government, to consider taking on this kind of a challenge. It's a real opportunity to have our cake and eat it too. All along, we have these two dual goals of catching the terrorists, detecting terrorist cells in our country that might do us harm--
DAVID BRANCACCIO:
So that they would not do the terrorist act?
COLEEN ROWLEY:
Right. And try to minimize, at least, future terrorist acts. And everyone claps for that goal. And then at the same time, protect civil liberties. And everyone, very nonpartisan, also claps for the other goal. Now the question is how is this done? And this civil liberties board is one of the best answers you can come up with, especially when specific facts of cases are cloaked in secrecy, so that the regular JQ Public cannot know the facts of cases.
DAVID BRANCACCIO:
It's my understanding that some of the secrecy that surrounds these intelligence and anti-terrorism cases are secret forever?
COLEEN ROWLEY:
Correct. Terrorists are partially criminal and partially intelligence oriented. And no one has really asked or answered the question as to whether perpetual secrecy is necessary or even beneficial for terrorist investigations. It is for country-sponsored intelligence and spying, without a doubt. Those types of things need to remain secret for long, long periods of time.
But with terrorists, often times who could be prosecuted, do we need the same type of secrecy?
DAVID BRANCACCIO:
When you're trying to do oversight, I guess you could gather statistical information that don't give up the actual secret nature of specific cases.
COLEEN ROWLEY:
Right. There is some general data that could be made public in order to prevent this down the road you know, outcry, possible outcry by the public that we were not informed about what was going on.
DAVID BRANCACCIO: Rowley argues that too much secrecy actually hurts national security
because it breeds distrust and could spark a backlash against the kinds of
security measures needed to stop terrorists.
COLEEN ROWLEY:
What I kind of liken the analogy to is going through the airport security. You take your shoes off. And you know it's a it's a small privacy intrusion and an inconvenience to take your shoes off and on. But you know what you're getting in return. You know that it's being scanned.
And it is so transparent what you're giving up in terms of that little bit of privacy in turn for some security. And it would be nice if all of these other 160 provisions, for instance, of the Patriot Act were equally transparent.
DAVID BRANCACCIO:
You'd like to see a sort of national debate a public debate about how long should this stuff be kept under wraps?
COLEEN ROWLEY:
Yeah. You know, we saw a need for the Patriot Act after 9/11 some things needed to change. But, that doesn't mean it is now considered an inviolate, perfect law. Because the quote-unquote "War on Terrorism" is essentially now a march into uncharted territory, especially in terms of the aggressive intelligence collection, analysis and dissemination, we're going to need to be proactive also with the authorities and even with the law itself.
And, without adjusting to mistakes and issues as they surface, and potential areas of concern, we're gonna be in just as bad a situation as we were pre-9/11.
Where is the pro-active nature now on protection of civil liberties, and putting those structures in place that will prevent a future abuse? We need to be pro-active on both fronts.
DAVID BRANCACCIO:
Well Coleen Rowley, thank you very much.
COLEEN ROWLEY:
You're welcome.
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