1 Boring Old Man

The Fed Who Blew the Whistle
Is he a hero or a criminal?
Michael Isikoff – NEWSWEEK

^{…In the spring of 2004, Tamm had just finished a yearlong stint at a Justice Department unit handling wiretaps of suspected terrorists and spies—a unit so sensitive that employees are required to put their hands through a biometric scanner to check their fingerprints upon entering. While there, Tamm stumbled upon the existence of a highly classified National Security Agency program that seemed to be eavesdropping on U.S. citizens. The unit had special rules that appeared to be hiding the NSA activities from a panel of federal judges who are required to approve such surveillance. When Tamm started asking questions, his supervisors told him to drop the subject. He says one volunteered that "the program" (as it was commonly called within the office) was "probably illegal."}

^{Tamm agonized over what to do. He tried to raise the issue with a former colleague working for the Senate Judiciary Committee. But the friend, wary of discussing what sounded like government secrets, shut down their conversation. For weeks, Tamm couldn’t sleep. The idea of lawlessness at the Justice Department angered him. Finally, one day during his lunch hour, Tamm ducked into a subway station near the U.S. District Courthouse on Pennsylvania Avenue. He headed for a pair of adjoining pay phones partially concealed by large, illuminated Metro maps. Tamm had been eyeing the phone booths on his way to work in the morning. Now, as he slipped through the parade of midday subway riders, his heart was pounding, his body trembling. Tamm felt like a spy. After looking around to make sure nobody was watching, he picked up a phone and called The New York Times.}

^{That one call began a series of events that would engulf Washington—and upend Tamm’s life. Eighteen months after he first disclosed what he knew, the Times reported that President George W. Bush had secretly authorized the NSA to intercept phone calls and e-mails of individuals inside the United States without judicial warrants. The drama followed a quiet, separate rebellion within the highest ranks of the Justice Department concerning the same program. (James Comey, then the deputy attorney general, together with FBI head Robert Mueller and several other senior Justice officials, threatened to resign.) President Bush condemned the leak to the Times as a "shameful act." Federal agents launched a criminal investigation to determine the identity of the culprit…}

^{…Exhausted by the uncertainty clouding his life, Tamm now is telling his story publicly for the first time. "I thought this [secret program] was something the other branches of the government—and the public—ought to know about. So they could decide: do they want this massive spying program to be taking place?" Tamm told NEWSWEEK, in one of a series of recent interviews that he granted against the advice of his lawyers. "If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up."}

^{Tamm concedes he was also motivated in part by his anger at other Bush-administration policies at the Justice Department, including its aggressive pursuit of death-penalty cases and the legal justifications for "enhanced" interrogation techniques that many believe are tantamount to torture. But, he insists, he divulged no "sources and methods" that might compromise national security when he spoke to the Times. He told reporters Eric Lichtblau and James Risen nothing about the operational details of the NSA program because he didn’t know them, he says. He had never been "read into," or briefed, on the details of the program. All he knew was that a domestic surveillance program existed, and it "didn’t smell right"…}

^{Still, Tamm is haunted by the consequences of what he did—and what could yet happen to him. He is no longer employed at Justice and has been struggling to make a living practicing law. He does occasional work for a local public defender’s office, handles a few wills and estates—and is more than $30,000 in debt. (To cover legal costs, he recently set up a defense fund.) He says he has suffered from depression. He also realizes he made what he calls "stupid" mistakes along the way, including sending out a seemingly innocuous but fateful e-mail from his Justice Department computer that may have first put the FBI on his scent. Soft-spoken and self-effacing, Tamm has an impish smile and a wry sense of humor. "I guess I’m not a very good criminal," he jokes…}

^{At one point, Tamm says, he approached Lisa Farabee, a senior counsel in OIPR who reviewed his work, and asked her directly, "Do you know what the program is?" According to Tamm, she replied: "Don’t even go there," and then added, "I assume what they are doing is illegal." Tamm says his immediate thought was, "I’m a law-enforcement officer and I’m participating in something that is illegal?" A few weeks later Tamm bumped into Mark Bradley, the deputy OIPR counsel, who told him the office had run into trouble with Colleen Kollar-Kotelly, the chief judge on the FISA court. Bradley seemed nervous, Tamm says. Kollar-Kotelly had raised objections to the special program wiretaps, and "the A.G.-only cases are being shut down," Bradley told Tamm. He then added, "This may be [a time] the attorney general gets indicted," according to Tamm.}

If you read this whole article about Thomas Tamm, you’ll come away thinking that his motives were sound. He didn’t like the way the DoJ was supporting illegal things. That’s not what the Department of Justice does. Like many, he had no place to turn. The Department of Justice had become a political arm of the Executive Branch, certifying and participating in illegal behavior, rather than a place to report such things. Had he been in another Agency in more rational times, he would have called the DoJ rather than the New York Times.