2009 / Thomas Tamm
On December 16, 2005, The New York Times published an explosive article about the Bush administration’s warrantless wiretapping program—the secret surveillance of U.S. citizens without the court’s knowledge or approval. “BUSH LETS U.S. SPY ON CALLERS WITHOUT COURTS,” read the headline. Though the story, written by Eric Lichtblau and James Risen, relied on nearly a dozen sources, the reporters had first been tipped off 18 months earlier about the existence of this program by former Justice Department lawyer Thomas Tamm.
Tamm hails from a family steeped in FBI history. His uncle, Edward Tamm, was a top aide to J. Edgar Hoover and as a toddler, Thomas often crawled under Hoover’s desk during FBI ceremonies. His uncle is credited with creating the name for the FBI, as well as its motto, Fidelity, Bravery, Integrity. Tamm’s father, Quin Tamm, was a high-ranking bureau official while his mother, Ora Belle Tamm, was a secretary at the identification division. Even Tamm’s brother, who served on the 9/11 Commission, is a veteran FBI agent.
Thomas Tamm’s career took a different path. The 57-year-old former public prosecutor worked for years in the Montgomery County State’s Attorney’s Office in Maryland before landing a job at the Department of Justice (DOJ). While serving in the Capital Case Unit there, then-Attorney General Janet Reno personally handed him one of the DOJ’s highest honors, the John Marshall Award. In 2003, he transferred to the highly sensitive Office of Intelligence Policy and Review (OIPR).
The OIPR lawyers procure warrants for national security wiretaps of alleged terrorists and spies and present the applications for these warrants to secret hearings at the Foreign Intelligence Surveillance Court (FISA). The FISA court was set up by Congress in 1978 to prevent the sort of abuse of citizens’ privacy by U.S. intelligence agencies that occurred in the 1970s. Presided over by 11 rotating federal judges, this court determined the legal legitimacy of such warrants
It was in the winter of 2003 that Tamm became aware of the existence of a secret program in the OIPR. Roughly 10 percent of warrant requests went through a separate channel that bypassed the FISA judges and could be signed only by the Attorney-General or the chief judge of the court. These warrants looked like all the rest, so Tamm wondered about the need for such an unusual procedure. When he asked colleagues about the process, a senior counsel told him she didn’t know about it but assumed that it was “probably illegal.”
Tamm agonized over what to do. Speaking with MSNBC’s Rachel Maddow—in his first TV interview since the December 2008 Newsweek article revealing his identity as the New York Times whistleblower—he said he was worried that they were aiding and abetting a criminal act. A man who had “spent his entire life dedicated to enforcing the law,” Tamm felt sure that this program was “not what the Department of Justice is about.”
Having decided to speak out, sweating and with his heartbeat racing, Tamm made a phone call to Lichtblau from a pay phone in the subway station at Judiciary Square Metro. According to Lichtblau’s subsequent book about this story, Tamm was “maddeningly vague”—mostly because he didn’t precisely know what the mysterious “program” was about, just that it “didn’t smell right” and ought to be investigated. “It’s stunning that somebody higher up in the chain of command didn’t speak up,” Tamm later told Newsweek’s Michael Isikoff.
When Tamm placed the call to The New York Times in the spring of 2004, he had already grown disenchanted with his job. He missed the courtroom and felt he would be more valuable in a position with greater demand for his legal skills. So Tamm transferred out of the OIPR on his own initiative and started working at the U.S. Attorney’s office. It would take the Times 18 long months to run the explosive story across its front page. Despite the delayed publication of the article, the newspaper won a Pulitzer Prize for the story; the reporters, Lichtblau and Risen, wrote critically acclaimed books.
As for Tamm, five years since his courageous act, he still doesn’t know what his future holds. The FBI has been relentless in tracking down his friends, relatives and former colleagues in order to build a case against him. Not long after the Times story was published, Tamm started getting telephone calls from the FBI. He was also suffering from depression. He had trouble concentrating on work and in late 2006, by mutual agreement with his superiors, he resigned.
In August 2007, 18 FBI officials marched into his home—some wearing black flak jackets and carrying guns—with a search warrant and seized his desktop computer, his children’s laptops, his personal papers, some of his books, even the family’s Christmas card list. They grilled his wife and two of his three children. After the raid, they encouraged Tamm to plead guilty to a felony charge, which he refused to do.
Since his call to the Times, Tamm racked up $30,000 in legal fees and is struggling to make a living practicing law at the assistant state’s attorney’s office in Rockville, Maryland, a suburb of Washington, D.C. Thanks to the publicity resulting from the Newsweek cover story, donations have helped ease his burden of legal debt. He is unsure whether he will be prosecuted or not. He faces potential charges related to two statutes: the disclosure of information vital to national defense and an espionage-related statute related to communications intelligence. Both carry 10-year prison terms. Recent legal decisions and the writings of some of Obama’s nominees for the Department of Justice have given Tamm reason to be hopeful that he will not be charged. The federal prosecutor has told Tamm’s lawyer that his case, though not top priority, is on Attorney-General Eric Holder’s desk, awaiting his decision.
This award is intended to celebrate those who courageously act to preserve the rule of law rather than simply acquiesce to its violation. At great personal risk, Thomas Tamm exposed the lawless activities of powerful forces whose subversion of the Constitution and national security laws recall Ron Ridenhour’s struggle against a military establishment that believed it was necessary to “destroy the village in order to save it.”
Thomas Tamm worked at a Justice Department that, in the name of national security, had abandoned the core principles that form the basis of our democracy and our individual liberties. The fact that he still faces a threat of criminal prosecution at the hands of an institution which itself was operating outside of the law, is in and of itself a national disgrace. What makes Tamm’s case even more poignant is that there remains not a single authorized avenue for a national security whistleblower to use and receive protection when they challenge the Executive Branch for breaking the law. Today, we honor a person who has imperiled his own future liberty to preserve the liberties of all of us who live in this nation.
On April 16, 2009, ex DOJ lawyer who exposed the warrantless wiretapping program Thomas Tamm accepted the Ridenhour Prize for Truth-Telling from The Nation Institute and the Fertel Foundation. You can watch his remarks in the video below.
2009 Prize for Truth-Telling Speeches
Thank you all. And thank you Ambassador Wilson. Thank you. It’s an honor to be introduced by the first recipient of this prize, and thank you for your patriotism. And thank you to everyone associated with The Nation Institute, which is responsible for this prize.
I’m truly honored and I accept with grateful humility. I was thrilled when I first walked the halls of justice, halls that looked the same as I remembered when I walked them as a child with my father.
I took an oath, as you heard, to preserve protect and defend the Constitution against enemies, foreign and domestic. After 9/11 I left the criminal division to serve on the legal front lines in the battle against those who had attacked our country.
It never occurred to me that a threat would come from my own government. I was an unwitting and certainly an unwilling participant in a direct assault on the Constitution. Randy Fertel has written “Whistleblowers are thought of as heros and treated as villains.” However, I was fortunate. I got by with a lot of help from my friends.
I was inspired to revere the Constitution and the rule of law by Andy Sonner and Georgetown Law Professor Bill Greenhall. I’ve been blessed to live with wonderful neighbors. And I’ve been professionally and expertly defended by Paul Kemp, Mara Zusman and Asa Hutchinson. Although, Paul, if these are billable hours, I wish you would eat very quickly.
Paul and I have been friends for over 30 years. In retrospect, I think our friendship put more stress on Paul. And for that I apologize.
But at least we got to meet the new FBI. Once at headquarters, six agents got onto an elevator with us, and one of them was wearing a blue shirt. Badabom.
Three days after the FBI raid, Michael Isikoff called my house. I had never talked to him before. He’s an excellent writer, great investigative reporter, an unbelievably persistent sleuth. So persistent, I finally opened up.
After the home invasion became public, I hoped to set up a defense fund advisory board. In the end, only one friend was willing to put his name on an official piece of paper. Henry Miller, a law school classmate, has served as the trustee of the fund. I can’t thank Henry and his wife, Terry, enough.
I picked a tough time economically to struggle financially. The Ridenhour recognition alone is tremendous, even without the stipend. But thank you very much for the stipend.
I share space with two great lawyers, Mark Hall and Jeannie Chow who have been really supportive. Thanks to all the people I know and the total strangers who have contributed to my defense. Those who have offered words of encouragement, support and friendship have also helped me to keep my head above water.
Kind of like Ambassador Wilson mentioned: With the possible exception of Dick Cheney, nobody expects the Spanish inquisition.
My son, Terrance, and daughter, Courtney, never expected to be awakened by armed FBI agents in their bedrooms. Claire certainly had no idea why 18 total strangers would come barging through her door, rush up the stairs, seize her Christmas card list, address book, calendar and cell phone. My son, Patrick, never expected to come home to find 12 cars blocking the driveway.
Would others think their dad was a criminal? Was he going to go to jail? Claire may never feel quite the same about our home. She asked if we as a family, were we going to be okay. And I tried to assure her, although I’m not sure I believed it.
Perhaps the Obama Administration will finally let us know. All I know is I love Claire, Terry, Courtney and Patrick and I would not be up here without them. It is a great honor to be counted among the recipients of this prize, and, more importantly, what this prize represents. You have to read Jane Mayer’s book. Bob Herbert’s body of work is inspirational. And Nick Turse has had the courage to report on some very difficult and uncomfortable topics.
I worked for an administration that trembled with fear. I never really understood the only thing we have to fear is fear itself.
Our Constitution, our institutions and our government does not have to cower in fear of terrorists. Cowardess and domestic enemies of the Constitution have made us less safe and less free. We’re stronger. We are safer. We are more secure when we support the rule of law.
Aldous Huxley wrote that the ultimate truth is penultimately always a falsehood. We still don’t know the truth about what was done in our name. We still don’t know how many people have been illegally wiretapped, what has been done with that information or how many laws were broken.
And we are only now slowly beginning to learn how many people have been tortured. In light of the story in the Times today, maybe I played some little role in helping that FBI agent whistle blower go to the Inspector General’s Office. I would welcome the opportunity to use my experience and knowledge to explore these issues at greater length. Organizations such as The Nation Institute and people such as Ron Ridenhour are a huge part of our strength and our liberty.
We need to learn the truth. We need to hold those domestic enemies accountable. And, ultimately, we can handle the truth. And, in fact, bring it on.