James A. Baker (government attorney)
Encyclopedia
James A. Baker is an American
government official at the Department of Justice
, serving as Counsel for the Office of Intelligence Policy and Review
. He came under criticism in 2004 for not revealing the failure of the National Security Agency
(NSA) surveillance program.
and received a J.D.
and M.A.
from the University of Michigan
. He joined the Criminal Division of the Department of Justice as a federal prosecutor
during the Clinton administration
. In 1996 he joined OIPR and in 1998 was promoted to Deputy Counsel for Intelligence Operations. From May 2001 he served as Acting Counsel, and in January 2002 was appointed Counsel permanently. Mr. Baker is also teaching National Security Law at Harvard University Law School in Fall 2009.
and all major intelligence-gathering agencies
on legal issues relating to national security and surveillance, and, according to the agency website, "coordinates" the views of the intelligence community regarding intelligence legislation. Baker has often testified before Congress on behalf of Clinton and Bush administration
intelligence policies, including defending The Patriot Act before the House Judiciary Committee.
, Baker was responsible for the discovery that "the government's failure to share information" regarding the NSA electronic surveillance program
had "rendered useless a federal screening system" insisted upon by the United States Foreign Intelligence Surveillance Court
to prevent "tainted information" -- in U.S. case law, fruit of the poisonous tree
-- from being used before the court. Baker was reported to have informed presiding federal judge Colleen Kollar-Kotelly of the FISC, whose complaints to the Justice Department led to the temporary suspension of the NSA program.
In 2007, according to The Washington Post
, Baker revealed that he had informed Attorney General Alberto Gonzales
"about mistakes the FBI has made or problems or violations or compliance incidents" prior to Gonzales' April 2005 testimony before the Senate Judiciary Committee that ""There has not been one verified case of civil liberties abuse" after 2001.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government official at the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, serving as Counsel for the Office of Intelligence Policy and Review
Office of Intelligence Policy and Review
The Office of Intelligence Policy and Review is a staff agency within the United States Department of Justice.This government agency handles all Justice Department requests for surveillance authorizations under the terms of the 1978 Foreign Intelligence Surveillance Act, advises the Attorney...
. He came under criticism in 2004 for not revealing the failure of the National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
(NSA) surveillance program.
Personal
James A. Baker is a graduate of the University of Notre DameUniversity of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...
and received a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
and M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
from the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
. He joined the Criminal Division of the Department of Justice as a federal prosecutor
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
during the Clinton administration
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. In 1996 he joined OIPR and in 1998 was promoted to Deputy Counsel for Intelligence Operations. From May 2001 he served as Acting Counsel, and in January 2002 was appointed Counsel permanently. Mr. Baker is also teaching National Security Law at Harvard University Law School in Fall 2009.
Early career
This government agency handles all Justice Department requests for surveillance authorizations under the terms of the 1978 Foreign Intelligence Surveillance Act, advises the Attorney GeneralUnited States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
and all major intelligence-gathering agencies
Intelligence community
Intelligence community may refer to* Bangladeshi intelligence community* Croatian intelligence community * Israeli intelligence community* Italian intelligence community, see SISMI...
on legal issues relating to national security and surveillance, and, according to the agency website, "coordinates" the views of the intelligence community regarding intelligence legislation. Baker has often testified before Congress on behalf of Clinton and Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
intelligence policies, including defending The Patriot Act before the House Judiciary Committee.
Controversy
In 2004, according to The Washington PostThe Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, Baker was responsible for the discovery that "the government's failure to share information" regarding the NSA electronic surveillance program
NSA electronic surveillance program
An electronic surveillance program, whose actual name is currently unknown, was implemented by the National Security Agency of the United States in the wake of the September 11, 2001 attacks. It was part of the President's Surveillance Program which was in turn conducted under the overall umbrella...
had "rendered useless a federal screening system" insisted upon by the United States Foreign Intelligence Surveillance Court
United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court is a U.S. federal court authorized under , . It was established by the Foreign Intelligence Surveillance Act of 1978 . The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United...
to prevent "tainted information" -- in U.S. case law, fruit of the poisonous tree
Fruit of the poisonous tree
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source of the evidence is tainted, then anything gained from it is as well.Such evidence is not generally admissible in court...
-- from being used before the court. Baker was reported to have informed presiding federal judge Colleen Kollar-Kotelly of the FISC, whose complaints to the Justice Department led to the temporary suspension of the NSA program.
In 2007, according to The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, Baker revealed that he had informed Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
"about mistakes the FBI has made or problems or violations or compliance incidents" prior to Gonzales' April 2005 testimony before the Senate Judiciary Committee that ""There has not been one verified case of civil liberties abuse" after 2001.
External links
- Office of Intelligence Policy and Review - official website
- House Judiciary Committee testimony - short biography entered into the record
- USDOJ report - minor bio details in notes
- Spying on the Home Front - 2007 PBSPublic Broadcasting ServiceThe Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....
Frontline (U.S. TV series) interview with Baker regarding Foreign Intelligence Surveillance Act (photo)