Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

Secrecy & Transparency

Lieberman Feeds Off Leak Hysteria, Calls For de facto Official Secrets Act

On Sunday, Senator Joe Lieberman (I-CT) called for resurrecting a broad anti-leaks law that would be a de facto Official Secrets Act. (I warned that the result of the recent hysteria over leaks could be such a broad anti-leak measure that would no doubt stifle legitimate dissent.)

The law would criminalize any disclosure of classified information, despite the fact that all experts agree that the classification system is plagued by rampant overclassification, and that far too much information is deemed classified. Worse, the law would remove the intent requirement of the Espionage Act, despite the fact that the intent to harm the United States or benefit a foreign nation requirement is the only thing making the Espionage Act constitutional.

Lieberman's proposal would chill First Amendment-protected activity, criminalize whistleblowing, and cover everything from whistleblower disclosures, press briefings, and anyone who repeats or reprints previously leaked classified information.

I discussed Lieberman's misguided proposal on RT yesterday:

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Obama’s ‘War on Intelligence Whistleblowers’ Analyzed In-Depth

Over the weekend, The Listening Post, an Al Jazeera program, aired an episode entirley focused on exploring the Obama administration's attack on intelligence whistleblowers. In the past few years, the administration has charged six intelligence whistleblowers under the Espionage Act, an archaic legislation that was enacted during World War I to catch spies. These six prosecutions are more than all other past administrations combined.

Watch it here.

GAP has spent a lot of time on this issue. It is telling that, despite the implications this has for journalists, there has been a major lack of coverage in the mainstream media. However, the foreign press seems to get it. GAP National Security & Human Rights Director Jesselyn Radack highlighted this in her blog earlier today.

The case of NSA whistleblower and GAP client Thomas Drake was used to exemplify the trumped-up nature of many of these prosecutions. Charges against Drake were dropped shortly before trial last June, when he pled guilty to a misdemeanor and was sentenced only to a year of probation (no fine). That's a far cry from the 35 years the federal government was seeking to put Drake away for.

GAP Executive Director Bea Edwards is also among those interviewed about the current status of whistleblowers in the US. But the second half of the show features an extensive interview with Radack, herself a DOJ whistleblower in the case of "American Taliban" John Walker Lindh. She challenges American media to dig further and address the issue. Radack calls this attack on intelligence whistleblowers the "worst crackdown on public information that we've seen since the McCarthy era."

 

Hannah Johnson is Communications Associate for the Government Accountability Project, the nation's leading whistleblower protection and advocacy organization.

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Foreign Journalists See Obama More Objectively Than American Journalists

Now that a bi-partisan group of congressional intelligence committee members has brought Obama's hypocrisy on leaks to the forefront for American mainsteam media (MSM), the contrast between coverage from foreign press and American MSM has never been more stark.

The U.K.'s Guardian ran a lengthy article on the expansion of Executive power and the national security state under Obama. Civil Liberties advocates find themselves publishing abroad rather than in the U.S. The Guardian also ran a must-read opinion piece from the American Civil Liberties Union's (ACLU) Jameel Jaffer and Nate Wessler on the Obama administration's drone propaganda: "First the 'Targeted Killing' Campaign, Then the Targeted Propaganda Campaign:"

Last week's New York Times article serves as a reminder that our public debate about the government's bureaucratized killing program is based almost entirely on the government's own selective, self-serving, and unverifiable representations about it.

This weekend, Al Jazeera English ran a long investigative piece on the whistleblower prosecutions, and the relative lack of coverage in the American MSM. Watch the entire segment here.

After the Justice Department's case against National Security Agency (NSA) whistleblower Thomas Drake collapsed in spectacular fashion days before trial, Drake's first T.V. appearance was on Russian Television.

In contrast, here in the U.S., it was the blogosphere – NOT the MSM – that focused on the Obama administration's record-breaking number of Espionage Act prosecutions against non-spies, who more often than not are whistleblowers. I called it "criminalization of whistleblowing," but Glenn Greenwald coined the less-wordy moniker "war on whistleblowers." I wrote two years ago that the Obama administration was turning sources and reporters into criminals. And, I received more HR's than ever before when I accused the Obama administration of playing politics with anonymous leaks on national security, an accusation members of Congress on both sides of the aisle have made repeatedly in the past week.

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Kill List Criteria & The 100-Person "Death Panel" That Enforces Them

I thought we were done with "death panels" after the health care debate, but as the New York Times reported yesterday, Obama has his own 100-person "death panel" made up of members of the ever-expanding national security state.

It is the strangest of bureaucratic rituals: Every week or so, more than 100 members of the government’s sprawling national security apparatus gather, by secure video teleconference, to pore over terrorist suspects’ biographies and recommend to the president who should be the next to die.

While the Times calls it a "bureaucratic ritual," a panel of suits deciding who to kill next sounds more like an organized crime ring, with Obama as the mob boss insisting on signing off on every death. John O. Brennan is like the consigliere. The Times' sources – "three dozen of [Obama's] current and former advisers" – imply that Obama's tight hold on decisions about who the U.S. should kill without charge or trial makes Obama morally responsible:

A student of writings on war by Augustine and Thomas Aquinas, he believes that he should take moral responsibility for such actions.

It could also make him a psychopathic dictator whose favorite part of being president is heading up the "death panel," but we'll never know, considering that the Obama administration continues to claim in court that it "can neither confirm or deny" the existence of the drone program. BEFORE the commenters jump down my throat about calling Obama a "psychopathic dictator," please read what I wrote - I am not saying Obama is a "dictator" - the point is we don't know the official policies, reasoning behind, or criteria of the death panels - because this is all occurring in secret. Americans cannot go to the U.S. Code or case law and learn the criteria for summary execution. The officials on these death panels are

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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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