Hawash is being held as a "material witness" under a 1984 law that the Justice Department believes should let the government detain American citizens at will for an arbitrary length of time. A well-researched Washington Post article from last fall said the Justice Department has imprisoned at least 44 people, including seven U.S. citizens, under the same law, with some held for many months and possibly for more than a year.

The odd thing about this law, through which Congress intended to prevent the flight of possible witnesses to a crime, is how backward it is: If Hawash had been accused of a violent crime, he would have been out on bail weeks ago. Instead, he is serving time in what the Bureau of Prisons calls "FCI Sheridan," a federal institution where Hawash is permitted one 10-minute phone call and one visit from his family a week.

Hawash's career is a typical geek success story: Born in the West Bank municipality of Nablus in 1964, he graduated from the University of Texas with bachelor's and master's degrees in electrical engineering. A naturalized American citizen, he worked for Compaq, helping to port Windows NT to the company's line of personal computers, and then joined Intel's Multimedia Software Technology Group.

As a lead engineer on Intel's MMX software team, Hawash worked on the MMX technology emulator and MPEG decoders. In 1997, Addison-Wesley published a book that Hawash co-authored titled "DirectX, RDX, RSX and MMX Technology: A Jumpstart Guide to High Performance APIs."

It remains unclear why Hawash was arrested. His friends speculate that it might be because he made two donations totaling about $10,000 to the Global Relief Foundation, an Islamic charity whose assets were frozen last year after the Bush administration alleged that it had links to terrorism. A second Oregon man targeted for his close ties to the organization pleaded guilty last month to federal fraud charges.

What's unusual is that nobody with any real knowledge of the situation can talk about it. The U.S. Attorney's office has steadfastly refused to discuss the case, and Hawash's attorneys are subject to a gag order. His wife, Lisa, has been served with a subpoena to testify before a grand jury and has been advised by her lawyer not to talk to the press.

The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.
The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

"It's the largest database ever assembled in the world," said one person, who, like the others who agreed to talk about the NSA's activities, declined to be identified by name or affiliation. The agency's goal is "to create a database of every call ever made" within the nation's borders, this person added.

For the customers of these companies, it means that the government has detailed records of calls they made — across town or across the country — to family members, co-workers, business contacts and others.

The three telecommunications companies are working under contract with the NSA, which launched the program in 2001 shortly after the Sept. 11 terrorist attacks, the sources said. The program is aimed at identifying and tracking suspected terrorists, they said.

The sources would talk only under a guarantee of anonymity because the NSA program is secret.

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Last year, Bush said he had authorized the NSA to eavesdrop — without warrants — on international calls and international e-mails of people suspected of having links to terrorists when one party to the communication is in the USA. Warrants have also not been used in the NSA's efforts to create a national call database.

In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. "In other words," Bush explained, "one end of the communication must be outside the United States."

As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private.

Sources, however, say that is not the case. With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers' names, street addresses and other personal information are not being handed over as part of NSA's domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.

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The White House would not discuss the domestic call-tracking program. "There is no domestic surveillance without court approval," said Dana Perino, deputy press secretary, referring to actual eavesdropping.

She added that all national intelligence activities undertaken by the federal government "are lawful, necessary and required for the pursuit of al-Qaeda and affiliated terrorists." All government-sponsored intelligence activities "are carefully reviewed and monitored," Perino said. She also noted that "all appropriate members of Congress have been briefed on the intelligence efforts of the United States."

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Among the big telecommunications companies, only Qwest has refused to help the NSA, the sources said. According to multiple sources, Qwest declined to participate because it was uneasy about the legal implications of handing over customer information to the government without warrants.

Qwest's refusal to participate has left the NSA with a hole in its database. Based in Denver, Qwest provides local phone service to 14 million customers in 14 states in the West and Northwest. But AT&T and Verizon also provide some services — primarily long-distance and wireless — to people who live in Qwest's region. Therefore, they can provide the NSA with at least some access in that area.

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The usefulness of the NSA's domestic phone-call database as a counterterrorism tool is unclear. Also unclear is whether the database has been used for other purposes.

The NSA's domestic program raises legal questions. Historically, AT&T and the regional phone companies have required law enforcement agencies to present a court order before they would even consider turning over a customer's calling data. Part of that owed to the personality of the old Bell Telephone System, out of which those companies grew.

Ma Bell's bedrock principle — protection of the customer — guided the company for decades, said Gene Kimmelman, senior public policy director of Consumers Union. "No court order, no customer information — period. That's how it was for decades," he said.

The concern for the customer was also based on law: Under Section 222 of the Communications Act, first passed in 1934, telephone companies are prohibited from giving out information regarding their customers' calling habits: whom a person calls, how often and what routes those calls take to reach their final destination. Inbound calls, as well as wireless calls, also are covered.

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The NSA's domestic program began soon after the Sept. 11 attacks, according to the sources. Right around that time, they said, NSA representatives approached the nation's biggest telecommunications companies. The agency made an urgent pitch: National security is at risk, and we need your help to protect the country from attacks.

The agency told the companies that it wanted them to turn over their "call-detail records," a complete listing of the calling histories of their millions of customers. In addition, the NSA wanted the carriers to provide updates, which would enable the agency to keep tabs on the nation's calling habits.

The sources said the NSA made clear that it was willing to pay for the cooperation. AT&T, which at the time was headed by C. Michael Armstrong, agreed to help the NSA. So did BellSouth, headed by F. Duane Ackerman; SBC, headed by Ed Whitacre; and Verizon, headed by Ivan Seidenberg.

With that, the NSA's domestic program began in earnest.

AT&T, when asked about the program, replied with a comment prepared for USA TODAY: "We do not comment on matters of national security, except to say that we only assist law enforcement and government agencies charged with protecting national security in strict accordance with the law."

In another prepared comment, BellSouth said: "BellSouth does not provide any confidential customer information to the NSA or any governmental agency without proper legal authority."

Verizon, the USA's No. 2 telecommunications company behind AT&T, gave this statement: "We do not comment on national security matters, we act in full compliance with the law and we are committed to safeguarding our customers' privacy."

Qwest spokesman Robert Charlton said: "We can't talk about this. It's a classified situation."

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The domestic and international call-tracking programs have things in common, according to the sources. Both are being conducted without warrants and without the approval of the FISA court. The Bush administration has argued that FISA's procedures are too slow in some cases. Officials, including Gonzales, also make the case that the USA Patriot Act gives them broad authority to protect the safety of the nation's citizens.

The chairman of the Senate Intelligence Committee, Sen. Pat Roberts, R-Kan., would not confirm the existence of the program. In a statement, he said, "I can say generally, however, that our subcommittee has been fully briefed on all aspects of the Terrorist Surveillance Program. ... I remain convinced that the program authorized by the president is lawful and absolutely necessary to protect this nation from future attacks."

The chairman of the House Intelligence Committee, Rep. Pete Hoekstra, R-Mich., declined to comment.

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One major telecommunications company declined to participate in the program: Qwest.

According to sources familiar with the events, Qwest's CEO at the time, Joe Nacchio, was deeply troubled by the NSA's assertion that Qwest didn't need a court order — or approval under FISA — to proceed. Adding to the tension, Qwest was unclear about who, exactly, would have access to its customers' information and how that information might be used.

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Trying to put pressure on Qwest, NSA representatives pointedly told Qwest that it was the lone holdout among the big telecommunications companies. It also tried appealing to Qwest's patriotic side: In one meeting, an NSA representative suggested that Qwest's refusal to contribute to the database could compromise national security, one person recalled.

In addition, the agency suggested that Qwest's foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.

Unable to get comfortable with what NSA was proposing, Qwest's lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.

The NSA's explanation did little to satisfy Qwest's lawyers. "They told (Qwest) they didn't want to do that because FISA might not agree with them," one person recalled. For similar reasons, this person said, NSA rejected Qwest's suggestion of getting a letter of authorization from the U.S. attorney general's office. A second person confirmed this version of events.

Q: Does the NSA's domestic program mean that my calling records have been secretly collected?

A: In all likelihood, yes. The NSA collected the records of billions of domestic calls. Those include calls from home phones and wireless phones.

Who needs the law when you're the King? Some of us have long been worried by the Bush administration's contempt for the rule of law in its legitimate efforts to protect Americans from terrorism. And we've been dismissed and criticized for it. But the more you know, the more troubling it gets. In all this, trust in the president's word is important. That's gone. For good reason. You don't abandon limited government, enable torture, declare the executive above the law, pile up countless signing statements to undermine the Congress ... and then take pains to protect Americans' privacy. This monarch, already eager to perpetuate a dynasty, needs more scrutiny. It may require voting Democrat this fall to give it to him.

The telecommunications company Qwest turned down requests by the National Security Agency for private telephone records because it concluded that doing so would violate federal privacy laws, a lawyer for the telephone company's former chief executive said today.

In a statement released this morning, the lawyer said that the former chief executive, Joseph N. Nacchio, made the decision after asking whether "a warrant or other legal process had been secured in support of that request."

Mr. Nacchio learned that no warrant had been granted and that there was a "disinclination on the part of the authorities to use any legal process," said the lawyer, Herbert J. Stern. As a result, the statement said, Mr. Nacchio concluded that "the requests violated the privacy requirements of the Telecommunications Act."

In addition, the agency suggested that Qwest's foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.

The law on data-mining activities is murky, and legal analysts were divided Thursday on the question of whether the N.S.A.'s tracing and analysis of huge streams of American communications data would require the agency to use subpoenas or court warrants.

Kate Martin, director of the Center for National Security Studies, said, "If they don't get a court order, it's a crime." Ms. Martin said that while the F.B.I. might be able to get access to phone collection databases by using an administrative subpoena, her reading of federal law was that the N.S.A. would be banned from doing so without court approval.

But another expert on the law of electronic surveillance, Kenneth C. Bass III, said that if access to the call database was granted in response to a national security letter issued by the government, "it would probably not be illegal, but it would be very troubling."

"The concept of the N.S.A. having near-real-time access to information about every call made in the country is chilling," said Mr. Bass, former counsel for intelligence policy at the Justice Department. He said the phone records program resembled Total Information Awareness, a Pentagon data-mining program shut down by Congress in 2003 after a public outcry.

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Mr. Specter said in an interview that he would press for information on the operations of the N.S.A. program to determine its legality.

"I don't think we can really make a judgment on whether warrants would be necessary until we know a lot more about the program," he said.

Former Qwest chief executive Joe Nacchio was a key industry adviser to the White House on issues of network security. He was cleared by the Department of Defense to handle top-secret information.

He met regularly with top White House staff, including a meeting in March 2001 with then-National Security Adviser Condoleezza Rice and special adviser Richard Clarke. They discussed the potential of building a government, nonpublic network.

But at the same time, Nacchio was fighting off an effort by the National Security Agency to hand over information on phone calls made by Qwest customers, according to a report in USA Today.

WASHINGTON — While Capitol Hill debated the issue Friday, many lawyers voiced surprise that three major telephone companies had agreed to make available to the National Security Agency the phone records of tens of millions of Americans.

That's because Congress made it illegal 20 years ago for telephone companies and computer service providers to turn over to the government records showing who their customers had dialed or e-mailed.

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"I would not want to be the general counsel of one of these phone companies," said Orin S. Kerr, a law professor at George Washington University and a former Justice Department lawyer who has worked on electronic surveillance.

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The law doesn't make it illegal for the government to ask for such records. Rather, it makes it illegal for phone companies to divulge them.

The Electronic Communications Privacy Act of 1986 was passed when cellphones and the Internet were emerging as new forms of communication. Section 2702 of the law says the providers of "electronic communications … shall not knowingly divulge a record or other information pertaining to a subscriber or customer … to any government entity."

Companies that violate the law are subject to being sued and paying damages of at least $1,000 per violation per customer.

The first such lawsuit was filed Friday against Verizon in New Jersey.

"It is simply illegal for a telephone company to turn over caller records without some form of legal process, such as a court order or a subpoena," said James X. Dempsey, a lawyer for the Center for Democracy and Technology.

The 1986 law "was Congress' effort to create a comprehensive privacy right and to apply it to all forms of electronic communications," said Dempsey, who at the time of the law's passage was a counsel to the House Judiciary Committee.

Both Kerr and Dempsey said it was hard to analyze the legal situation since neither the Bush administration nor the phone companies had explained the legal basis for divulging the records. But under the law as written, "it looks like the disclosure is not allowed," Kerr said.

Beginning in 1999, the government has entered into a series of single-bid contracts with Halliburton subsidiary Kellogg, Brown and Root (KBR) to build detention camps at undisclosed locations within the United States. The government has also contracted with several companies to build thousands of railcars, some reportedly equipped with shackles, ostensibly to transport detainees.

According to diplomat and author Peter Dale Scott, the KBR contract is part of a Homeland Security plan titled ENDGAME, which sets as its goal the removal of "all removable aliens" and "potential terrorists."

It is important to stress that the historical precedent mirrors exactly what the Halliburton camp deal outlines. Oliver North's Reagan era Rex 84 plan proposed rounding up 400,000 refugees, under FEMA, in the event of "uncontrolled population movements" over the Mexican border into the United States.

The real agenda, just as it is with Halliburton's gulags, was to use the cover of rounding up immigrants and illegal aliens as a smokescreen for targeting political dissidents. From 1967 to 1971 the FBI kept a list of persons to be rounded up as subversive, dubbed the "ADEX" list.

According to author Naomi Wolf, the National Counterterrorism Center today holds the names of roughly 775,000 "terror suspects" with the number increasing by 20,000 per month.

Discussions of federal concentration camps are no longer the rhetoric of paranoid Internet conspiracy theorists, they are mainstream news.

Halliburton, through their KBR subsidiary, is the same company that built most of the major new detention camps in Iraq and Afghanistan. KBR have been embroiled in a human sex slave trade that their representatives have lobbied to continue.

We have a company that has been handed a contract to build prison camps in America that is engaged in trafficking young girls and women. Can this horror movie get any more frightening? Sadly, yes.

A much discussed and circulated report, the Pentagon's Civilian Inmate Labor Program, has recently been updated and the revision details a "template for developing agreements" between the Army and corrections facilities for the use of civilian inmate labor on Army installations."

The plan is clearly to swallow up disenfranchised groups like prisoners, immigrants and Muslims at first and then extend the policy to include 'Fifth Columnists,' otherwise known as anyone who disagrees with the government or exercises their Constitutional rights.

Respected author Peter Dale Scott speculated that the "detention centers could be used to detain American citizens if the Bush administration were to declare martial law."

Daniel Ellsberg, former Special Assistant to Assistant Secretary of Defense, called the plan, "preparation for a roundup after the next 9/11 for Mid-Easterners, Muslims and possibly dissenters. They've already done this on a smaller scale, with the 'special registration' detentions of immigrant men from Muslim countries, and with Guantanamo."

George Bush has declared himself to be dictator and to have supreme power over and above the limitations of the US Constitution. Bush administration officials like Alberto Gonzales have declared Bush to be "above the law." White House advisors are openly discussing the legality of crushing a child's testicles as part of the war on terror. Preparation for the internment of thousands of Americans who are 'disloyal' in times of emergency are afoot.

Under the enemy combatant designation anyone at the behest of the US government, even if they are a US citizen, can be kidnapped and placed in an internment facility forever without trial. Jose Padilla, an American citizen, spent over four years in a Navy brig before being brought to trial.

In 2002, FEMA sought bids from major real estate and engineering firms to construct giant internment facilities in the case of a chemical, biological or nuclear attack or a natural disaster.

Furthermore, in May 2006, we exposed the existence of a nationwide FEMA program which is training Pastors and other religious representatives to become secret police enforcers who teach their congregations to "obey the government" in preparation for the implementation of martial law, property and firearm seizures, mass vaccination programs and forced relocation.

A whistleblower who was secretly enrolled into the program told us that the feds were clandestinely recruiting religious leaders to help implement Homeland Security directives in anticipation of a potential bio-terrorist attack, any natural disaster or a nationally declared emergency.

The first directive was for Pastors to preach to their congregations Romans 13, the often taken out of context bible passage that was used by Hitler to hoodwink Christians into supporting him, in order to teach them to "obey the government" when martial law is declared.

It was related to the Pastors that quarantines, martial law and forced relocation were a problem for state authorities when enforcing federal mandates due to the "cowboy mentality" of citizens standing up for their property and second amendment rights as well as farmers defending their crops and livestock from seizure.

It was stressed that the Pastors needed to preach subservience to the authorities ahead of time in preparation for the round-ups and to make it clear to the congregation that "this is for their own good."

Pastors were told that they would be backed up by law enforcement in controlling uncooperative individuals and that they would even lead SWAT teams in attempting to quell resistance.

Though some doubted the accuracy of this report at the time due to its fundamentally disturbing implications, the story was later confirmed by a KSLA 12 news report, in which participating clergy and officials admitted to the existence of the program.

Sounds like exactly the sort of thing that would excite Obama.

She says she was then told, however, that she must stop holding "religious assemblies" until she and her husband obtain a Major Use Permit from the county, a permit that often involves traffic and environmental studies, compliance with parking and sidewalk regulations and costs that top tens of thousands of dollars.

And if they fail to pay for the MUP, the county official reportedly warned, the couple will be charged escalating fines beginning at $100, then $200, $500, $1000, "and then it will get ugly."