Keys implausible deniability | The Jackal

6 Oct 2012

Keys implausible deniability

Today, the NZ Herald reported:

John Key's explanation of how the illegal spying on Kim Dotcom occurred is wrong in law and could not have happened the way he describes, legal experts say.

Instead, the Prime Minister's statements about the Government Communications Security Bureau raise questions about the information he relied on before making two public statements.


The review debunks the explanation given by Mr Key on two occasions - when he apologised to Mr Dotcom a week ago and again on Monday at his post-Cabinet press conference.

A spokeswoman for Immigration New Zealand said: "Essentially, the difference between the two [laws] is that the new act uses the single term 'visa' for authority to travel to and stay in New Zealand. The term 'permit' is no longer used."

Surprise surprise... The excuse that GCSB was confused about the law change doesn't hold water... And just yesterday we learnt they were likely spying on Dotcom earlier than December 16, with the NZ Herald reporting:

The Herald has obtained details showing Telecom engineers and staff at its technology services company Gen-I were investigating irregularities with his internet connection in November.

The revelation has raised suspicion that Mr Dotcom was victim to earlier spying than the GCSB has admitted. It has brought fresh calls for an inquiry amid claims of the spy agency's role in the international "Five Eyes" Echelon Network.

Then there was the February briefing on Dotcom that Key conveniently forgot about, with the Dominion Post reporting:

A review of Government Communications Security Bureau (GCSB) files has revealed Prime Minster John Key was told about the spy agency's role in the Kim Dotcom case in February.

Until now, Key has insisted he wasn't told until September 17 - when he was briefed about illegal snooping by the agency. He can't remember the reference in February but accepts it took place.

John Armstrong says this is "sloppy," but it's far worse than that... It's apparent that there's a cover-up going on to try and protect the Minister in charge, John Key, who has now run away to the US to take some of the heat off.

It's only because all evidence needs to be disclosed in a court case that the public has learnt about the GCSB's involvement at all. Be assured that Key would prefer we hadn't. As an excuse, Key says he wasn't aware as well, but you don't have 16 briefings this year alone with GCSB head, Ian Fletcher, without the MegaUpload case being discussed at all... Only a complete moron would believe that. The conclusion one must reach is that the Prime Minister did in fact authorize the GCSB's illegal spying on New Zealand resident Kim Dotcom, because they thought nobody would ever find out.

Whether Key knowingly broke the law will be hard to prove though, being that the GCSB, the Police and the inquiries into the debacle are being orchestrated by people with a vested interest to provide the least damaging and most plausible explanations possible.

However just like the incorrect spying dates, lies about the Dotcom briefing in February and the excuses about Visa confusion given in the Neazor report (PDF), the pending excuses from Cabinet Secretary Rebecca Kitteridge, who's report will not be made fully public, will likely be easily disproven, and Key's credibility will be even further impinged... Not that he had much credibility to begin with.

Click image to enlarge
H/T Porcupine Farm for the great graphic.