At the end of October 2001, Bill Binney, Kirk Weebi, and Ed Loomis all quietly retired.

Tom Drake stayed behind.

So Drake is now still working away over at the NSA with his worries rising about what's going on in terms of domestic surveillance.

Once again, Drake confronted Maureen Bagansky.

I made one final attempt, one final appeal to Maureen Bagan

Baganzky. And she simply said, call the Office of General Counsel, which I did.

And I said, I want to speak to the lead attorney. She'd give me the name. I want to speak to the lead attorney.

She'd give me the name. I want to speak.

It was Vito Patenza.

He goes to the general counsel's office

with his concerns and says,

I think this program may be illegal.

As he proceeded to tell me you don't understand.

All the lawyers have approved it, it's legal.

We are under emergency conditions.

Extraordinary means are required to deal with a threat. We just need the data. And then the most chilling,

I know often have said this part of the conversation, don't ask any more questions, Mr. Drake.

If he came to me someone who was not read into the Mr.

If he came to me someone who was not read into the program, right,

and not a part of what we were doing, and told me that we were running aok essentially and violent the Constitution and it was in that

time frame when there was an awful lot going on and we were all worried about the next attack.

There's no doubt in my mind I would have told him, you know, go talk to your

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