Government Accountability Project

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Goodbye Accountability: No Criminal Charges Over Destruction of CIA Torture Videotapes

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In August 2009, the Justice Department announced that it would not prosecute CIA employees who had acted in good faith.

Now, slamming the door on accountability once again, CIA officials get a pass -- this time for destroying dozens of videotapes depicting the waterboarding of Abu Zubaydah and Abd al-Rahim al-Nashri, in secret CIA prisons. The CIA withheld the fact that the tapes existed from both the federal courts and the 9/11 Commission, which had asked the CIA for records of the interrogations.

Destroying those videotapes was such a brazen and blatant cover-up that even Bush was forced to launch a special investigation after the episode became public.

This is the icing on the cake of unaccountable government.

In his new memoir, President Bush writes:

I have been troubled by the blowback against the intelligence community and Justice Department for their role in the surveillance and interrogation programs. . . Our intelligence officers carried out their orders with skill and courage, and they deserve our gratitude for protecting our nation. Legal officials in my administration did their best to resolve complex issues in a time of extraordinary danger to our country.

 

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Beginning of the End for Over-Classification

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On Thursday, President Obama issued a new executive order aimed at standardizing the process of classifying government documents. The order requires agencies to use one term only -- “Controlled Unclassified Information,” (CUI) -- to mark documents that they believe should be protected, but not designated as “classified.” The order is also a move to curtail the abuse of CUI designations. From the New York Times:


“The fact that a document is marked Controlled Unclassified Information could not be used as a basis for withholding it from Congress, a court, or from a member of the public who has requested access to it under the Freedom of Information Act. Instead, an independent determination would have to be made about whether to release it.”

Currently, several federal agencies use their own, specialized system of over 117 (!) different markings in order to categorize information. Aside from creating a “confusing patchwork” of markings, this system allows agencies to conceal -- often under the cloak of national security -- many types of information from the public. This includes information, many groups have seen, that would reveal important government misconduct without generating national security risks.

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N.Y. Times: Ellsberg Joins WikiLeaks in Rebuking U.S. War on Whistleblowers

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Today's New York Times has an article about how WikiLeaks founder Julian Assange and Dan Ellsberg--who leaked the Pentagon Papers, credited with ending the Vietnam War--lashed out together yesterday at the Obama administration's aggressive campaign against whistleblowers.
In particular, they defended the source(s) of the WikiLeaks documents on the Iraq war. But Ellsberg also mentioned former NSA senior official Tom Drake and former FBI linguist Shamai Leibowitz.

I urge you to support Bradley Manning and Thomas Drake.
http://www.bradleymanning.org/
http://criminaljustice.change.org/...

Julian Assange (who just received the Sam Adams award) and Dan Ellsberg spoke at a joint press conference yesterday, which you can watch in full here.

 

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Can BP’s Money Buy It Justice?

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Some say money can’t buy everything. But for BP, money sure seems to be able to buy enough litigation and lobbying power to stay in business, even with its persistent, egregious safety violations that have led to more than one deadly disaster.

While BP’s older crimes may have been overshadowed lately by the more current and devastating Gulf oil spew, it should not be forgotten that the company is still litigating charges related to a 2005 blast at a Texas refinery that killed 15 workers. With the Gulf oil spill and the 40-day release of toxic chemicals from its Texas refinery, BP has its hands full with not one, but three environmental catastrophes. All three remain unresolved.

2005 BP Texas City incident diagram
Regarding the refinery case, the Justice Department recently decided not to revoke the three-year probation it had imposed on BP due to the numerous safety violations (both criminal and civil) found during the federal investigation into the 2005 accident. Although the probation period allowed BP time to respond to violations, it has to date failed to properly respond to all safety issues or fully pay its fines. Although the government warned that it might revoke or renew the probation, it then backed off of its threat – presumably to avoid subjecting the company to further criminal prosecution. Of course, family members of those killed in the accident have been advocating for more, not less, prosecution.

Furthermore, a probe into safety issues at the refinery found that the initial violations noted by federal regulators only scratched the surface of a trove of (shock!) even more violations. This mirrors what we’ve seen in the Gulf – both in the spill itself as well as in the cleanup – where the information that has come forward continues to prompt yet more questions.

 

Photo by flickr user IBRRC
We now know that dangerous dispersants were being used in the cleanup and that BP was barring media access to oil-soaked sites. But why has the cleanup effort been shrouded in a veil of secrecy in the first place? What about the devastating ailments plaguing Gulf Coast residents, the reports of massive kill zones and dead marine life, and the widely disparate scientific studies on what’s happened to all that oil and dispersant? In light of a 1978 oil spill cleanup in Brooklyn, in which oil dating back to 1948 was found, somehow assurances that “75 percent of the oil is gone” don’t quite make sense. Let’s not forget that the initial (BP-backed) flow rate estimates of 1,000 barrels per day skyrocketed to over 60,000.

It seems that the more we continue to investigate BP, the more dark secrets we shall find. This is not a surprise. Yet, the question remains -- how far will it go before meaningful changes are enacted to protect those who have suffered from the carelessness of BP, and those courageous few insiders who have blown the whistle?

Lindsay Bigda is Communications Fellow for the Government Accountability Project, the nation's leading whistleblower advocacy organization.
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Bradley Manning's Mental Health Does Not Diminish His Disclosure

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Today's Washington Post has a piece examining the potential mental health problems of Bradley Manning, the Army private accused of leaking the "Collateral Murder" video to Wikileaks.

Whatever the reality of Mr. Manning's mental health, or any whistleblower, it should not diminish the validity of the disclosures. Our country has studiously avoided having any meaningful conversation about why the soldiers in a U.S. Army Apache helicopter gunned down unarmed Iraquis, including children, while high-fiving each other as if they were playing "Call of Duty."  Or, why the Army found no wrongdoing in this incident and tried to bury it. Manning's mental health gives us no insight there.

With the Obama administration cracking down on whistleblowers more than any past President, we must remember a whistleblowers' mental health does not reduce the significance of their disclosures.

I've chronicled the Obama administration's campaign against whistleblowers on Kos, including the latest prosecution of Stephen Jin-Woo Kim and:

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Security Clearances: Meal Ticket for the Jobless

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Today's Washington Post has an article on "TechExpo Top Secret," an intelligence community job fair. The "meal ticket" to getting a job with a company doing intelligence work for the U.S. or under U.S. government contracts: a top-secret security clearance.

Part of what makes this such an exercise in absurdity is that, in the ever-expanding top-secret world created to respond to 9/11, approximately 854,000 people -- 1.5 times as many people live in Washington, D.C. -- hold top-secret security clearances.

So while unemployment surges and the housing market tanks around the rest of the country, the fat secrecy industry of the Intelligence Industrial Complex has kept D.C. and the surrounding regions afloat.

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When Obama Takes a Page Directly from a Neocon's Book on Prosecuting Whistleblowers

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I have an article today in The National Law Journal reviewing what would otherwise be a trifling book by a Bush-era neocon . . . but for the fact that President Obama is following its recommendation to prosecute whistleblowers under the Espionage Act.  It's bad enough that Obama's Justice Department is on its way to setting a record for leak prosecutions, but the fact that they are doing so under the Espionage Act--which is meant to prosecute spies not whistleblowers--is especially pernicious.

Real lives are at stake.  Thomas Drake, a former senior NSA official who blew the whistle on an astronomically expensive and unconstitutional secret surveillance program, is facing 35 years in jail.

Gabriel Schoenfeld's book, Necessary Secrets, identifies a problem--the publication of true facts that are secret--but he never plumbs the deeper and more salient question:

What if the true and secret facts are illegal?

He is particularly incensed by the New York Times article that revealed that President Bush's NSA had been spying on American citizens without warrants.  He views this as a program the government had initiated to avert the repetition of another 9/11, but fails to mention that it became one of the biggest scandals of the Bush administration.

Schoenfeld's solution is that newspaper sources and reporters should face prosecution, be fined, or even be sentenced to jail under the Espionage Act of 1917.

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