Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

Intelligence

Whistleblowers Not the Same as Undie-Bomb Leaker

The government's not ticked that the Underwear Bomber II ("undie-bomber") plot got out, they're just pissed about the sputtering, messy, and misleading way in which it got out.

The National Journal has a piece on how "New FBI Probe of Bomb Plot Highlights Administration's Tough Stance on Leaks." As evidence of Obama's crackdown on leakers--which, until now, has been primarily a war on whistleblowers--it offers the fact that the FBI has launched a criminal probe to identify the government officials who leaked the undie-bomb plot as

the latest indication of the Obama administration's unrelenting push to find and punish those sharing classified information with the media.

But I distinguish this "leak," which appears to have come from the administration for political gain, from those by whistleblowers trying to expose government wrongdoing--some of whom are my clients mentioned in the National Journal article. In the case of the undie-bomber, the leak appears to be government self-aggrandizement--not a government employee trying to disclose evidence of wrongdoing--at the expense of sources, methods and possibly an undercover intelligence agent's identity.

In the initial Associated Press version (which turns out not to have been the original since the L.A. Times did an earlier version), the Underwear Bomber II ("undie-bomber") plot was initially spun as

[t]he CIA thwarting an ambitious plot by al-Qaeda's affiliate in Yemen [AQAP] to destroy a U.S.-bound airliner using a bomb with a sophisticated new design around the one-year anniversary of the killing of Osama bin Laden . . . The would-be suicide bomber, based in Yemen, had not yet picked a target or bought a plane ticket when the CIA stepped in and seized the bomb, officials said. It's not immediately clear what happened to the alleged bomber.

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NSA Circles the Wagons: Refuses to Return Whistleblowers' Computers Seized in 2007

National Security Agency (NSA) whistleblowers Thomas Drake, Bill Binney, J. Kirk Wiebe, Edward Loomis, and Diane Roark have been through enough. They were targeted with a federal criminal investigation and subjected to armed FBI raids in July 2007. Binney had a gun pointed to his head as he stepped out of the shower. Drake has the dubious distinction of being the fourth person in U.S. history (and first by the Obama administration) indicted under the Espionage Act for alleged mishandling of classified information.

They have since been forced to sue NSA in an attempt to recoup property the government took in 2007. First, NSA claimed it would take an inordinately long time to perform the "arduous process" of reviewing the seized materials for classified information. (A brief pause to consider the ridiculousness of our nation's massive spy agency needing extra time to go through a few hard drives it has had for over four years). Perhaps the difficulty came because NSA's process involved essentially "word searching" the computers for key terms like "NSA" and "TOP SECRET" to find supposedly classified information.

When the Court tired of NSA's excuses and ordered NSA to actually respond to the whistleblowers' lawsuit, NSA moved on May 11th to dismiss the lawsuit claiming that all the property NSA still has is classified.

NSA's latest claims of secrecy are especially incredible considering NSA couldn't find a single shred of classified information in Drake's home in order to make their Espionage Act case against him stick. The case collapsed in spectacular fashion days before trial when the government dropped all felony charges in exchange for Drake pleading to a minor misdemeanor not involving classified information. Bush's former classification czar (J. William Leonard) said about the Drake case that he had never seen a "more deliberate and willful example of government officials improperly classifying a document." Yet, NSA bizarrely continues to stubbornly claim that there is classified information on Drake's computers.

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Spypocrisy: U.S. to Use Technology in Crackdowns on Dissent (in other countries)

Today President Obama will issue an executive order, ostensibly to help crack down on human rights atrocities in other countries –

by conducting surveillance, blocking access to the Internet or tracking the movements of opposition figures.

If this is the true, and only reason, that would be laudable.  But the ulterior purposes to which secret domestic spying has been put belie the real reason: worldwide control of information.

If you think this is mere hyperbole, listen to my client, former NSA Senior Analyst Bill Binney, on Democracy Now! this past Friday. (He was the technical director of NSA's World Geopolitical and Military Analysis Reporting Group, so he knows a thing or two about surveillance.) He discusses the NSA's massive power to spy on Americans, why the FBI raided his home after he became a whistleblower, and how the government made him the target of a federal criminal investigation.

Is America tracking Julian Assange because he's an authoritarian dictator guilty of human rights abuses? No, it's because we don't like him.

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U.S. Filmmaker Laura Poitras Repeatedly Detained at Border: She Has Filmed Three of My NSA Clients

I have been shouting for well over a year that Obama's war on whistleblowers is a back door way of attacking the media. We have seen a hint of this attack in the Obama administration's attempts to subpoena journalist James Risen to testify about his sources in the Espionage Act prosecutions of former CIA officer Jeffery Sterling. (It should now be common knowledge – but still bears repeating – that Obama has brought more Espionage Act prosecutions against whistleblowers than all previous presidents combined.)

Glenn Greenwald's explosive Salon article on Sunday details how the U.S. government repeatedly detained, searched, and harassed Laura Poitras, an Oscar-and Emmy-nominated filmmaker – with no probable cause or even suspicion that Poitras had committed a crime. Not only is the detention, search, and interrogation of an innocent American – who the government does not even suspect committed a crime – completely enraging to any civil libertarian, but I am particularly disconcerted as Poitras has filmed three of my National Security Agency (NSA) clients and no doubt countless other courageous whistleblowers. My clients have already been put through a years-long retaliatory criminal investigation, and should not be forced to endure further persecution because they are brave enough to continue to speak out against NSA's illegal actions.

Greenwald described what typically happens when the Department of Homeland Security (DHS) detains Poitras:

She has had her laptop, camera and cellphone seized, and not returned for weeks, with the contents presumably copied. On several occasions, her reporter’s notebooks were seized and their contents copied, even as she objected that doing so would invade her journalist-source relationship. Her credit cards and receipts have been copied on numerous occasions. In many instances, DHS agents also detain and interrogate her in the foreign airport before her return, on one trip telling her that she would be barred from boarding her flight back home, only to let her board at the last minute. When she arrived at JFK Airport on Thanksgiving weekend of 2010, she was told by one DHS agent — after she asserted her privileges as a journalist to refuse to answer questions about the individuals with whom she met on her trip — that he “finds it very suspicious that you’re not willing to help your country by answering our questions.” They sometimes keep her detained for three to four hours (all while telling her that she will be released more quickly if she answers all their questions and consents to full searches).

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Left Behind: What We Lost in Iraq and Washington, 2009-2012

 People ask the question in various ways, sometimes hesitantly, often via a long digression, but my answer is always the same: no regrets.

In some 24 years of government service, I experienced my share of dissonance when it came to what was said in public and what the government did behind the public’s back. In most cases, the gap was filled with scared little men and women, and what was left unsaid just hid the mistakes and flaws of those anonymous functionaries.

What I saw while serving the State Department at a forward operating base in Iraq was, however, different. There, the space between what we were doing (the eye-watering waste and mismanagement), and what we were saying (the endless claims of success and progress), was filled with numb soldiers and devastated Iraqis, not scaredy-cat bureaucrats.

That was too much for even a well-seasoned cubicle warrior like me to ignore and so I wrote a book about it, We Meant Well: How I Helped Lose the War for the Hearts and Minds of the Iraqi People. I was on the spot to see it all happen, leading two Provincial Reconstruction Teams (PRTs) in rural Iraq while taking part up close and personal in what the U.S. government was doing to, not for, Iraqis. Originally, I imagined that my book’s subtitle would be “Lessons for Afghanistan,” since I was hoping the same mistakes would not be endlessly repeated there. Sometimes being right doesn’t solve a damn thing.

By the time I arrived in Iraq in 2009, I hardly expected to be welcomed as a liberator or greeted -- as the officials who launched the invasion of that country expected back in 2003 -- with a parade and flowers. But I never imagined Iraq for quite the American disaster it was either. Nor did I expect to be welcomed back by my employer, the State Department, as a hero in return for my book of loony stories and poignant moments that summed up how the United States wasted more than $44 billion in the reconstruction/deconstruction of Iraq. But I never imagined that State would retaliate against me.

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