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WASHINGTON Dissenters within the National Security Agency, led by a senior agency executive, warned in 2009 that the program to secretly collect American phone records wasnt providing enough intelligence to justify the backlash it would cause if revealed, current and former intelligence officials say.

The NSA took the concerns seriously, and many senior officials shared them. But after an internal debate that has not been previously reported, NSA leaders, White House officials and key lawmakers opted to continue the collection and storage of American calling records, a domestic surveillance program without parallel in the agencys recent history.

The warnings proved prophetic last year after the calling records program was made public in the first and most significant leak by Edward Snowden, a former NSA systems administrator who cited the governments deception about the program as one of his chief motivations for turning over classified documents to journalists. Many Americans were shocked and dismayed to learn that an intelligence agency collects and stores all their landline calling records.

In response, President Barack Obama is now trying to stop the NSA collection but preserve the agencys ability to search the records in the hands of the telephone companies an arrangement similar to the one the administration quietly rejected in 2009. But his plan, drawing opposition from most Republicans, fell two votes short of advancing in the Senate on Tuesday.

A now-retired NSA senior executive, who was a longtime code-breaker who rose to top management, had just learned in 2009 about the top secret program that was created shortly after the Sept. 11, 2001, attacks. He says he argued to then-NSA Director Keith Alexander that storing the calling records of nearly every American fundamentally changed the character of the agency, which is supposed to eavesdrop on foreigners, not Americans.

Alexander politely disagreed, the former official told The Associated Press.

The former official, who spoke only on condition of anonymity because he didnt have permission to discuss a classified matter, said he knows of no evidence the program was used for anything other than hunting for terrorism plots in the U.S. But he said he and others made the case that the collection of American records in bulk crossed a line that had been sacrosanct.

He said he also warned of a scandal if it should be disclosed that the NSA was storing records of private calls by Americans to psychiatrists, lovers and suicide hotlines, among other contacts.

Alexander, who led the NSA from 2005 until he retired last year, did not dispute the former officials account, though he said he disagreed that the program was improper.

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NSA dissenters warned of possible privacy backlash in 2009



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Attorney General Eric Holder announced Friday that the Bureau of Justice Assistance and the Office of Community Oriented Policing Services will provide law enforcement officers with a new guide that will compile information, tools, and best practices to maintain public safety while safeguarding constitutional rights during First Amendment-protected events.

TheJustice Department encourages law enforcement officers in every jurisdiction to work with the communities that they serve to minimize needless confrontation, Holder said.

The announcement was made in a video released Friday morning. Holder didnt mention Ferguson by name in the video, but a grand jury decision on whether to indict Ferguson police officer Darren Wilson for the fatal shooting of 18-year-old Michael Brown is expected to come within the next few days.

The grand jury is examining whether the Aug. 9 shooting was justified. Potential charges against Wilson could range from first-degree murder to involuntary manslaughter, though many protesters in the St. Louis suburb are anticipating that Wilson will not be indicted.

Over the past few months, weve seen demonstrations and protests that have sought to bring attention to real and significant underlying issues involving police practices, implicit bias and pervasive community distrust, Holder said in the video. In most cases, these demonstrations have been both meaningful and responsible and have brought vital issues to the attention of the public at large.

Similarly, I want toemphasize this, the vast majority of law enforcement officers have honorably defended their fellow citizens engaged in these peaceful protests.

Holder said that peaceful protests have the potential to spark a sustained and positive national dialogue, but cautioned that as weve seen, durable relationships between the police and their communities do not develop overnight.

He also addressed First Amendment demonstrators in his message, saying that the most successful and enduring movements for change are those that adhere to nonaggression and nonviolence. He encouraged demonstrators to act in a way that respects the gravity of their subject matter.

In a new video released Friday, Attorney General Eric Holder announced “a new guide” to help law enforcement officers “maintain public safety while safeguarding constitutional rights during First Amendment-protected events.” (Department of Justice)

[This post has been updated.]

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Holder announces new guidance to law enforcement officers ahead of Ferguson decision



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