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body-of-secrets-anatomy-of-the-ultra-secret-national-security-agency-2002

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I countered with <strong>the</strong> observation that, by making <strong>the</strong> tapesavailable to <strong>the</strong> government, <strong>the</strong> companies had to know <strong>the</strong>y wereproviding <strong>the</strong> wherewithal for <strong>the</strong> government to use <strong>the</strong>m howeverit wanted. They had to bear some responsibility.The comment caused Tordella's temper to flare for <strong>the</strong> first timeduring our interview. The companies were not responsible, hereiterated, <strong>the</strong>y were just doing what <strong>the</strong> government asked <strong>the</strong>mto do because <strong>the</strong>y were assured it was important to <strong>national</strong><strong>security</strong>. If <strong>the</strong>ir role were exposed by <strong>the</strong> Committee, it wouldsubject <strong>the</strong>m to embarrassment, if not lawsuits, and it woulddiscourage o<strong>the</strong>r companies from cooperating with U.S. intelligencefor years to come. I told him that <strong>the</strong> Committee had yet todetermine how <strong>the</strong> whole matter would be treated, including <strong>the</strong>involvement <strong>of</strong> <strong>the</strong> companies. We parted amicably, but he clearlyhad misgivings about how this would turn out. His distrust <strong>of</strong>politicians was manifest.Following Tordella's mea culpa, Snider began probing what <strong>the</strong>companies knew and when <strong>the</strong>y knew it. Only one former employee, fromRCA Global, had been on <strong>the</strong> job at <strong>the</strong> beginning <strong>of</strong> <strong>the</strong> program. "Hesaid <strong>the</strong> Army had come to him and asked for <strong>the</strong> company'scooperation," said Snider, "and, by damn, that was enough for him." Anexecutive from ITT, on <strong>the</strong> o<strong>the</strong>r hand, "came to <strong>the</strong> depositionsurrounded by a phalanx <strong>of</strong> corporate lawyers who proceeded to object toevery question once I had gotten past <strong>the</strong> man's name and position."Snider said, "I pointed out to <strong>the</strong>m that this was <strong>the</strong> United StatesSenate—not a court <strong>of</strong> law—and, if <strong>the</strong>y wanted to object to <strong>the</strong> questionsI was asking I would have a senator come in and overrule every one <strong>of</strong><strong>the</strong>ir objections. They piped down after that."When <strong>the</strong> committee's report was being drafted, Snider argued against<strong>the</strong> public release <strong>of</strong> <strong>the</strong> names <strong>of</strong> <strong>the</strong> companies. But <strong>the</strong> committee'schief counsel, Frederick A. O. Schwartz, disagreed. "The companies had aduty to protect <strong>the</strong> privacy <strong>of</strong> <strong>the</strong>ir customers," he said; "<strong>the</strong>y deserved tobe exposed. If <strong>the</strong> Committee did not do it, it would become <strong>the</strong> subject <strong>of</strong>criticism itself." Pushed by Church, <strong>the</strong> committee voted to make itsreport public—over NSA's vehement objections, and to <strong>the</strong> greatdispleasure <strong>of</strong> its Republican members.President Gerald Ford telephoned Church and o<strong>the</strong>r senators,imploring <strong>the</strong>m to reconsider. But Church was determined to go forwardand <strong>the</strong> next day, Lieutenant General Lew Allen, <strong>the</strong> NSA director, wasscheduled to testify before <strong>the</strong> committee in public session—a situationunprecedented for NSA. (The testimony on which <strong>the</strong> report was basedhad, <strong>of</strong> course, been given in closed session.) There, in <strong>the</strong> packed375

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