Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

Homeland Security & Human Rights

Whistleblower Mash-Up: Bradley Manning, Sweden's Version of "Due Process" & WPEA

Last night I discussed a variety of whistleblower issues currently in the news:

Over the weekend, I attended a TRUTHCON event presented by the Bradley Manning Support Network and the Georgetown Chapter of the National Lawyers Guild. (Go here to support Bradley Manning now). In the coming weeks Manning's attorneys are set to argue Manning's motion to dismiss the charges based on a failure to provide Manning with a speedy trial and a motion to dismiss the charges based on unlawful pre-trial punishment, specifically allegations of Manning's torture.

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Disharmonic Convergence of Free Speech Free Fall

The past 72 hours has held one of the strangest disharmonic convergence of free speech events I have ever seen.

(1) On Tuesday, President Obama flourished his pretty rhetoric on free speech to the United Nations (UN):

Those in power have to resist the temptation to crack down on dissidents.

(2) A day later, the Sydney Morning Herald published US Air Force documents classifying Wikileaks and its founder Julian Assange as "enemies of the state," an action in sharp contrast to Obama's rhetoric about the importance of protecting dissent in a democracy.

Declassified US Air Force counter-intelligence documents, released under US freedom-of-information laws, reveal that military personnel who contact WikiLeaks or WikiLeaks supporters may be at risk of being charged with "communicating with the enemy", a military crime that carries a maximum sentence of death.

(3) The day after Obama's UN address, Assange addressed the UN from the Ecuadorian embassy where - fearing extradition to the U.S. - he has been granted asylum. Read FireDogLake's Kevin Gosztola for the highlights, including an understandable demand (especially in light of the fact that the U.S. government declared Assange the "enemy") that Obama live up to the free speech ideals Obama himself so eloquently presented to the UN:

President Obama spoke out strongly in favour of the freedom of expression. Those in power, he said, have to resist the temptation to crack down on dissent.

There are times for words and there are times for action. The time for words has run out. It is time for the US to cease its persecution of WikiLeaks, to cease its persecution of our people and it cease its persecution of our alleged sources.

It is time for President Obama to do the right thing and join the forces of change: not in fine words but in fine deeds.

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Practice What You Preach: Obama Preaches Free Speech to the UN

President Obama gave an eloquent speech to the UN yesterday. Obama spoke about democracy, freedom on the First Amendment:

Our Constitution protects the right to practice free speech.

Here in the United States, countless publications provoke offense. Like me, the majority of Americans are Christian, and yet we do not ban blasphemy against our most sacred beliefs. As president of our country, and commander in chief of our military, I accept that people are going to call me awful things every day, and I will always defend their right to do so.

Americans have fought and died around the globe to protect the right of all people to express their views – even views that we profoundly disagree with. We do so not because we support hateful speech, but because our founders understood that without such protections, the capacity of each individual to express their own views and practice their own faith may be threatened.

We do so because in a diverse society, efforts to restrict speech can quickly become a tool to silence critics and oppress minorities. We do so because, given the power of faith in our lives, and the passion that religious differences can inflame, the strongest weapon against hateful speech is not repression, it is more speech – the voices of tolerance that rally against bigotry and blasphemy, and lift up the values of understanding and mutual respect.

He encouraged those with power to avoid the temptation to silence dissent:

In other words, true democracy, real freedom is hard work. Those in power have to resist the temptation to crack down on dissidents.

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What Do a Retired Catholic Bishop, UAE Commentator & Julian Assange Have in Common?

What do a retired Catholic Bishop, Wikileaks founder Julian Assange, and a United Arab Emirates' newspaper commentator have in common? They are all critical of the government's unprecedented use of the Espionage Act to prosecute whistleblowers.

Yesterday, I wrote about a significant piece in the United Emirates' newspaper The National, which criticized the U.S. government's hypocrisy in declining to criminally prosecute government officials who authorized, orchestrated and committed torture during the G.W. Bush-era while prosecuting John Kiriakou – a Central Intelligence Agency (CIA) whistleblower who helped expose torture – under the heavy-handed Espionage Act.

Yesterday, retired Catholic Bishop John McCarthy similarly criticized Kiriakou's prosecution:

Dear Lord, something is really out of balance here. Interrogators who tortured prisoners or the officials who gave the orders, the attorneys who authored the torture memos, CIA agents who destroyed the interrogation tapes have not been held professionally accountable, much less charged with crimes, but John Kiriakou is facing decades in prison for helping to expose torture.

The hypocrisy of Kiriakou's case is enough to find common ground between a retired Catholic Bishop and commentator for the UAE's newspaper, yet the U.S. is still doggedly pursuing Kiriakou using the archaic Espionage Act, a law meant to go after spies, not whistleblowers.

Bishop McCarthy also recognized the invaluable role of whistleblowers in governmental and private institutions, including within the Catholic Church.

Nevertheless, because of that weakness, sin and corruption abounds all around us in the corporate world, the government and sadly even the Church. Because of this, there is a need for people with integrity within these massive organizations and movements to have the courage to stand up, criticize and, if necessary, publically condemn evil, dishonesty, mismanagement, theft, etc. This is very hard to do because large organizations dont like any criticism, much less public criticism and they will often move against the complainer with a very heavy hand.

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Leak Hypocrisy: UAE Gets It, Why Doesn't US?

United Arab Emirates' English-language newspaper The National ran a significant piece by Peter Muir criticizing the U.S. government's hypocrisy in declining to criminally prosecute government officials who authorized, orchestrated and committed torture during the G.W. Bush-era while prosecuting John Kiriakou – a Central Intelligence Agency (CIA) whistleblower who helped expose torture – under the heavy-handed Espionage Act.

If those responsible for torture - either committing the act, sanctioning it, providing dubious legal advice that encourages it or wilfully destroying evidence of it- are not held accountable, while those within the US government, like Kiriakou, who take a stand against it are persecuted, it may only be a matter of time before we once again see grinning soldiers shamelessly posing for souvenir photos with the shrink-wrapped remains of "enhanced interrogation" victims.

I've long pointed out that the government's war on whistleblowers (a.k.a. selective and record-breaking use of the Espionage Act against whistleblowers) has a tremendous chilling effect on potential national security whistleblowers, creates a terrible precedent for targeting and silencing jouranlists, and is a back-door way of creating an Official Secrets Act. Considering that a commentator for UAE's The National can grasp the dangerous consequences of letting the architects of torture off the hook while charging whistleblowers under the Espionage Act, the government ought to reconsider its attack on whistleblowers for one more reason.

There are dangers of the Obama administration's record-breaking six Espionage Act prosecutions beyond imprisonment for my clients like John Kiriakou and National Security Agency (NSA) whistleblower Thomas Drake (before the case against Drake imploded). In light of the decision not to prosecute torturers or the architects of torture, the message the U.S. government's leak hypocrisy sends is that employees who break the law can get away with it while those who help expose government law-breaking risk criminal prosecution.

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