May 22, 2011 8:20 PM

The Espionage Act: Why Tom Drake was indicted

(CBS News) 

Nearly two years before 9/11, America's largest intelligence agency had recordings of three of the al Qaeda hijackers plotting an attack. But the information, obtained by the National Security Agency, wasn't analyzed in a way that could uncover the plot.

Inside the super-secret NSA, several analysts and managers believed the agency had a powerful tool that might have had a chance to head off 9/11. But it wasn't used.

One of those agency insiders was Thomas Drake, who thought taxpayer money was being wasted on useless intelligence gathering projects while promising technology was ignored.

Drake tried to get the word out. But now, as a result, he has been charged under the Espionage Act of 1917 and if convicted of all charges could spend the next 35 years of his life in prison. The government says he betrayed his country.

Drake says the only thing he betrayed was NSA mismanagement that undermined national security.

After a long career in U.S. intelligence, Drake never imagined he'd be labeled an enemy of the United States. As a young airman, he flew spy missions in the Cold War; in the Navy, he analyzed intelligence for the joint chiefs at the Pentagon.

Later, he worked for defense contractors in the highly technical world of electronic eavesdropping. He became an expert in sophisticated, top secret computer software programs and ultimately rose, in 2001, to a senior executive job at the NSA.

Drake told correspondent Scott Pelley his first day on the job was Sept. 11, 2001.

"NSA went into immediate crisis management mode. We had failed to protect the United States of America," he told Pelley.

Asked if he felt that was a failure of the NSA, Drake told Pelley, "The entire national security establishment - it was a failure, a fundamental systemic breakdown."

Extra: Spies and whistleblowers
Extra: Eavesdropping on the world
Extra: The anonymous source

Part of the failure at the NSA, the largest U.S. intelligence agency, was in its old technology. The agency eavesdrops on the communications of the world. But in the 1990s it was becoming ineffective, overwhelmed by the explosion of digital data.

"Vast volumes of data streaming across all kinds of different networks, wired, wireless, phones, computers, you name it," Drake explained.

"And what does that look like to NSA? Coming into building in Maryland?" Pelley asked.

"Choking on it," Drake said. "Just incredible amounts. Even just storing it was becoming a challenge."

Most of what the agency collected went unanalyzed, including clues pointing to 9/11. Kirk Wiebe and Bill Binney were career NSA intelligence analysts who were working on the problem.

"We were greatly saddened and shocked by 9/11, but it didn't come as a total surprise. We knew there was a vulnerability, a lack of understanding of the data that put NSA in a weak position," Wiebe said.

Recognizing that vulnerability in the late 1990s, Binney, a legendary NSA mathematician, led development of a revolutionary computer system to collect, isolate and connect important information like phone calls and financial transactions. Its code name was "Thin Thread."

"Thin Thread was fundamentally dedicated to collecting and processing and ultimately analyzing the vast reams of digital data. It was a breakthrough solution," Drake explained.

Produced Glenn Silber and Graham Messick


© 2011 CBS Interactive Inc.. All Rights Reserved.
Add a Comment See all 31 Comments
by studonc August 21, 2011 9:18 PM EDT
I am amazed, that most people dont realy see whats going on in the real world, we are all on this planet ,, or at least i think we are , who in there right mind, knowing a little history of the usa, or other cultures see the fascade of big brother ...
where doing whats right (speaking truth) at all cost can cost you ur life , we stole this land from the indians, lyed cheated decieted the original inhabitants in the name of religeous freedom ,,, then ostricized all other belief systems in the name of christianity, with absolutly no proof ,,, killed, mamed, jailed anyone who didnt agree, with the established doctrine,,
we are almost non existant in the universe, grand scheme of things ..intelligent beings, ??? NOT, then came politics .. corruption and control ..and we wonder why we are where we are ..
a J O K E ! we deserve what we get , since we are all sheep ..
or subject to suppression, for speaking truth .
stop , stand up and grow a pair. clean up political corruption,
control of the masses for the poltically corrupt .. and look where that has us NOW ! stand up or shut-up
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by pathutchins May 25, 2011 3:10 PM EDT
Our present administration is so much better than this. Please, Eric Holder, take charge of this obvious error and not only exonerate and commend Mr. Drake for his attempts to do an exemplary job of securing our safety but initiate action to protect our nation by immediate implementation of the "thin thread" computer system. We must admit our mistakes and move forward honorably.
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by Laddie7 May 24, 2011 11:41 AM EDT
CBS> 60 Minutes:
It is PAINFULLY obvious that the person who should share a major a responsibilty for our FAILURE in gathering Inrelligence is the former
Director of NSA & he was re-assigned to yet another Intelligence
gathering agency> CIA.
Tom Drake should be Honored for his Service to this Nation.
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by bdgabriel May 23, 2011 6:18 PM EDT
You cant go after your bosses for incompetents without being attacked, abused and termination. They have the power, subordinates have none.
This is the problem with many Corporations and especially the Government.
Your boss has all the power, can order you to jump off a bridge and if you dont, your fired. Human Resources and Corporate Attorneys will defend your bosses right to have you jump off that bridge, or be written up for insubordination. This is how this works, speak up against Management incompetence and pay the price of job loss. The subordinate is on an Island, isolated and all alone. He/she has two choices, leave the company or look the other way and keep your mouth shut. Going up the latter is suicide.
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by us_1776 May 23, 2011 3:18 PM EDT
Tom Drake is the target of a witch hunt by the NSA.

Far from any type of "espionage" Mr. Drake blew the whistle on incompetent and dangerous people that exist in the leadership of the NSA.

The NSA's incompetence led to 9/11. And Mr. Drake is right to allow the real source of power in our democracy, "The People", to know what has transpired.

Congress should be awarding Thomas Drake a medal for heroism.


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by Deathbylapdance May 23, 2011 2:37 PM EDT
Tom Drake is America's hero. The govt. is trying to silence him and others that are would be followers. This can only mean that the Govt. is not the ally of the people but is actually the enemy and the "transparency" that the Obama administration promised us is just a lie.

If you check history, you will see that these type of actions lead to bloody revolutions when the public will not stand for this B.S. anymore. It may not happen in my lifetime, but it's coming.

One thing you didn't mention in your broadcast is where citizens can send money for Tom Drake financial survival and legal fees.
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by GAPLindsay May 23, 2011 2:10 PM EDT
I am from the Government Accountability Project -- the whistleblower organization that is representing Mr. Drake. If you believe, as we do, that Thomas Drake is not an enemy of the state and deserves protection, please sign out petition calling for much-needed congressional oversight of his prosecution: http://www.change.org/petitions/demand-accountability-for-the-selective-prosecution-of-nsa-whistleblower-tom-drake#comments
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by Spinachsalad May 23, 2011 1:40 PM EDT
Morale of the story: If you're going to make waves, be prepared to drown in a tsunami of reprisals.
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by PopsH May 23, 2011 10:20 AM EDT
The enemy is within! Instead of protecting the citizens of America, they are protecting their own kingdoms and lucrative jobs. There needs to be more outside over sight and protection of whistle blowers rather than protection of politically appointed heads of organisations such as NSA.
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by bdgabriel May 23, 2011 12:35 PM EDT
You are accurate. The government hires inside lawyers to cover-up Fraud, make the problems (whistleblowers) go away. That is why so many whistleblowers in my industry go to the Government after they retire before filing a claim. If you dare report Waste, Fraud and Abuse by Management while still employed, pack your bags and get ready to be terminated. Corporate Lawyers remove anyone who reports Waste, Fraud and Abuse, terminates their employment. There are laws against retaliation, yet companies dont care. What good in a law when internally they are not enforced. Lawyers protect profits at all costs. Anyone who reports WFA is the enemy and the enemy needs to be destroyed. This is also to intiminate anyone else foolish to come forward. So what they do is do as they are ordered, smile, look the other way and pray they dont get caught. Internal Auditors could not find water in the ocean. They are also told to look the other way, dont ever report Fraud and will lose company profits and future contracts. This goes on in a majority of companys working for the government. Shut up and look the other way, dont question anything, to h... with the taxpayer.
by Reality-Checker May 23, 2011 9:34 AM EDT
I know the NSA. The senior management always believes they are right and perfect and that is their major blindspot.

When brought to their attention, we hear, "Pay No Attention To That Man Behind The Curtain!"

The Oliver North Hearings and the following prosecution, conviction and reversal of Admiral Poindexter all arose from interaction between the NSA and Congress.

This matter between Drake and his senior leadership has deterioration and decay written all over it.

How in the H-E-L-L does the NSA expect public support to continue when the NSA is acting like the defunct Russian KGB, who was notorious for executing their own trusted employees over simple errors?
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