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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