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Blurred Line Between Espionage and Truth
Last Wednesday in the White House briefing room, the administration’s press secretary, Jay Carney, opened on a somber note, citing the deaths of Marie Colvin and Anthony Shadid, two reporters who had died “in order to bring truth” while reporting in Syria.
Jake Tapper, the White House correspondent for ABC News, pointed out that the administration had lauded brave reporting in distant lands more than once and then asked, “How does that square with the fact that this administration has been so aggressively trying to stop aggressive journalism in the United States by using the Espionage Act to take whistle-blowers to court?”
Jake Tapper of ABC News questioned the Obama administration's efforts to prosecute officials. (NYT)
He then suggested that the administration seemed to believe that “the truth should come out abroad; it shouldn’t come out here.”
Fair point. The Obama administration, which promised during its transition to power that it would enhance “whistle-blower laws to protect federal workers,” has been more prone than any administration in history in trying to silence and prosecute federal workers.
The Espionage Act, enacted back in 1917 to punish those who gave aid to our enemies, was used three times in all the prior administrations to bring cases against government officials accused of providing classified information to the media. It has been used six times since the current president took office.
Setting aside the case of Pfc. Bradley Manning, an Army intelligence analyst who is accused of stealing thousands of secret documents, the majority of the recent prosecutions seem to have everything to do with administrative secrecy and very little to do with national security.
In case after case, the Espionage Act has been deployed as a kind of ad hoc Official Secrets Act, which is not a law that has ever found traction in America, a place where the people’s right to know is viewed as superseding the government’s right to hide its business.
In the most recent case, John Kiriakou, a former C.I.A. officer who became a Democratic staff member on the Senate Foreign Relations Committee, was charged under the Espionage Act with leaking information to journalists about other C.I.A. officers, some of whom were involved in the agency’s interrogation program, which included waterboarding.
For those of you keeping score, none of the individuals who engaged in or authorized the waterboarding of terror suspects have been prosecuted, but Mr. Kiriakou is in federal cross hairs, accused of talking to journalists and news organizations, including The New York Times.
Mr. Tapper said that he had not planned on raising the issue, but hearing Mr. Carney echo the praise for reporters who dug deep to bring out the truth elsewhere got his attention.
“I have been following all of these case, and it’s not like they are instances of government employees leaking the location of secret nuclear sites,” Mr. Tapper said. “These are classic whistle-blower cases that dealt with questionable behavior by government officials or its agents acting in the name of protecting America.”
Mr. Carney said in the briefing that he felt it was appropriate “to honor and praise the bravery” of Ms. Colvin and Mr. Shadid, but he did not really engage Mr. Tapper’s broader question, saying he could not go into information about specific cases. He did not respond to an e-mail message seeking comment.
In one of the more remarkable examples of the administration’s aggressive approach, Thomas A. Drake, a former employee of the National Security Agency, was prosecuted under the Espionage Act last year and faced a possible 35 years in prison.
His crime? When his agency was about to spend hundreds of millions of dollars on a software program bought from the private sector intended to monitor digital data, he spoke with a reporter at The Baltimore Sun. He suggested an internally developed program that cost significantly less would be more effective and not violate privacy in the way the product from the vendor would. (He turned out to be right, by the way.)
He was charged with 10 felony counts that accused him of lying to investigators and obstructing justice. Last summer, the case against him collapsed, and he pleaded guilty to a single misdemeanor, of misuse of a government computer.
Jesselyn Radack, the director for national security and human rights at the Government Accountability Project, was one of the lawyers who represented him.
“The Obama administration has been quite hypocritical about its promises of openness, transparency and accountability,” she said. “All presidents hate leaks, but pursuing whistle-blowers as spies is heavy-handed and beyond the scope of the law.”
Mark Corallo, who served under Attorney General John D. Ashcroft during the Bush administration, told Adam Liptak of The New York Times this month that he was “sort of shocked” by the number of leak prosecutions under President Obama. “We would have gotten hammered for it,” he said.
As Mr. Liptak pointed out, it has become easier to ferret out leakers in a digital age, but just because it can be done doesn’t mean it should be.
These kinds of prosecutions can have ripples well beyond the immediate proceedings. Two reporters in Washington who work on national security issues said that the rulings had created a chilly environment between journalists and people who work at the various government agencies.
During a point in history when our government has been accused of sending prisoners to secret locations where they were said to have been tortured and the C.I.A. is conducting remote-controlled wars in far-flung places, it’s not a good time to treat the people who aid in the publication of critical information as spies.
And it’s worth pointing out that the administration’s emphasis on secrecy comes and goes depending on the news. Reporters were immediately and endlessly briefed on the “secret” operation that successfully found and killed Osama bin Laden. And the drone program in Pakistan and Afghanistan comes to light in a very organized and systematic way every time there is a successful mission.
There is plenty of authorized leaking going on, but this particular boat leaks from the top. Leaks from the decks below, especially ones that might embarrass the administration, have been dealt with very differently.
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12 Comments so far
Show AllHis crime? When his agency was about to spend hundreds of millions of dollars on a software program bought from the private sector intended to monitor digital data, he spoke with a reporter at The Baltimore Sun. He suggested an internally developed program that cost significantly less would be more effective and not violate privacy in the way the product from the vendor would. (He turned out to be right, by the way.)
The looting, started by the Bush administration (Iraq, for example) is now seen as an absolute right by the .01# and Obama is part of the problem.
I noticed the new name "Paper Clipper," and figured you were a new name invention to cloak whomever's business it is to plant Plausible Deniability for State Department programs (cum inquisitions) in these threads. ANYONE who'd seek to berate the journalist in an attempt to divert the thread away from the topic that NEEDS to be discussed has an agenda. The issue here is government transparency (as opposed to your strategy of seeking to decimate the reporter's reputation) since so many international laws are being broken, and the graft, corruption, and extended killing fields are being done in all our names. It's obvious where your loyalties lay--with the authoritarian state that need not answer to its own citizens. Democacy as brand name only, and the paper clipper is right on board with it. Ain't you somethin...
Let me make a prediction: One of your tag team buddies will show up and do a hit job on my reputation. That would be in keeping with the M.O. underway, right? If the truth is painful, slay the messenger(s) where possible, or otherwise aim at their credibility. That'll keep the inconvenient truths under wraps... or so those comfortable with the dark side believe.
What I said holds. I think you're here to shoot the messenger... because the message is not one you and your sponsors want to see acknowledged. He may not be topnotch, but The Crew goes to work on Hedges, Chomsky, Nader, and others... so that's not really the key issue. I also think it bears mentioning that all the usual suspects are once again "gone" from C.D. only to be replaced with a new set of screen names, ones that oh, so "coincidentally" happen to OPERATE just like the last set... in a transition so seamless (the way the "new" voices just slip in to dominate the threads) that few manage to notice. So I'll just point it out. Now we have Paper Clipper, TJ, Kanary, MtLeo2... and several female names for "balance."
Let't cut short all this reference to others on this forum when we disagree with all this attack doggism. Personality and ego of people discussing issues on this forum shouldn't be part of any discussion. I won't name any names. Let's just bring it to a halt. None of it helps a progressive agenda. Now I haven't been attacked so far, thus I have no ax to grind, but we progressives need to stand shoulder to shoulder on the struggle to get power back. The con servatives will give us no quarter.
AD: That's the canard I've heard upteen times. I challenge those who are here to discredit important messages or those who deliver them, added to:
1. The anti public school crowd... since that's a right-wing/libertarian meme
2. The pro nuclear power shills
3. The pro GM/monsanto shills
4. The pro violence likely agent provocateurs
5. Those who pretend that racism & sexism are already settled issues
6. Those who make "illegal aliens" the scapegoat for the nation's job crisis
7. Those who make Israel the ONLY relevant factor in determining U.S. foreign policy
8. Those who hate any mention of spiritual subjects
9. Those who seek to humiliate posters who see beyond the authoritarian narratives (a/k/a official story-lines) of our day
10. Those who make "the answer" merely about what individuals do, as if elites and policy determinations are not the greater causative factors
11. Those who deny global warming or try to pretend the issue is unsettled
12. Those who deny there are embeds in our midst, in spite of boatloads of evidence about Homeland Security, illegal wiretaps, Cass Sunstein, and the history of "law enforcement" keeping watch on The Left
13. Those positioned like character assassins ready to take aim at Amy Goodman, Medea Benjamin, Chris Hedges, Ralph Nader, Noam Chomsky, etc.
14. Those who make the calamities of our time about "human nature" as if no widespread conditioning (or other powerful shaping mechanisms) was involved. They also deny the witness of other cultures less tied to the dominator model.
I tend to focus on rebuttals to these topics... but when I see the same posters (or those using new screen names and repeating the same tired lines, a familiar modus operandi) LYING about any of the topics on this list, I will stand up to them. And when they, in turn, attack me and make it personal (since unlike most here, I use the name I am professionally known by), as a group has done on a regular basis for 3 years and counting... then yes, I will speak up about what I have experienced and witnessed. And my lawyer also is retaining a file with some of what's been published here.
Since my positions are Progressive and I take the law of karma seriously, it makes no sense that so many would attack me. For this "new" poster to mention the list I have previously mentioned is an admission that he's not new here at all. I've made it known that if Homeland Security's tentacles can keep watch here, so can an honest citizen. The mirror has 2 faces.
If every poster was here for honest purposes, then your post would mean other than shit to a tree.
I agree with your assessment of Tapper, paperclipper.
On the other hand, as Doctor of Gonzo Journalism Hunter S. Thompson was fond of observing, "Even a blind pig roots up an acorn now and then."
Does anyone beside me think it is ironic that David Carr gets published in the Monday Business section and in the Culture section of the New York Times, even though the substance of this piece of reporting actually relates to a critical public issue like abuse of the Espionage Act to criminally prosecute, harass, and silence federal whistle blowers?
I'm glad the Times did find space to publish all the news that's fit to print. But it speaks volumns about the editorial standards at the upper echelon of the nation's print "newspaper of record" that this apparently is not reported as hard news belonging on the front page, or drawing formal NYT commentary in the Opinion section, but is instead treated as a business matter and/or something having to do with popular culture.
Bill from Saginaw
Although this is a fairly good article for the Times, why must the case of Bradley Manning be set aside? Could it be that the Times, that gleefully used the information on war crimes distributed by WikiLeaks, could be seen as equally culpable of espionage as that orgainization? Not likely, I guess, given its proven record of war mongering for our government and Israel.
Tony Vodvarka