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    Common DreamsTo inform. To inspire. To ignite change for the common good.

    reality winner

    Whistleblower and nuclear disarmament activist Daniel Ellsberg

    Daniel Ellsberg and the Courage Contagion

    His life and legacy are reminders that individual acts of moral courage depend on examples set by others, and they have the potential to spark more, far into the future.

    Christian Appy
    Jun 20, 2023

    In 1971, when Daniel Ellsberg arrived at a federal court in Boston, a journalist asked if he was concerned about the prospect of going to prison for leaking a 7,000-page top-secret history of the Vietnam War. Ellsberg responded with a question of his own: “Wouldn’t you go to prison to help end this war?”

    The classified documents Ellsberg released to The New York Times and 18 other newspapers were quickly dubbed the Pentagon Papers. They exposed more than two decades of government deceit about U.S. involvement in Vietnam, from 1945 to 1968.

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    Opinion
    daniel ellsberg
    As Drone Whistleblower Daniel Hale Pleads Guilty, Advocates Warn of 'Profound Threat' to Free Press

    As Drone Whistleblower Daniel Hale Pleads Guilty, Advocates Warn of 'Profound Threat' to Free Press

    "Using the Espionage Act in this way to prosecute journalists' sources as spies chills newsgathering and discourages sources from coming forward with information in the public interest."

    Brett Wilkins
    Apr 02, 2021

    Press freedom, peace, and human rights advocates are rallying behind Daniel Hale, the former intelligence analyst who blew the whistle on the U.S. government's drone assassination program, and who pleaded guilty Wednesday in federal court to violating the Espionage Act.

    "The U.S. government's policy of punishing people who provide journalists with information in the public interest is a profound threat to free speech, free press, and a healthy democracy."
    --Jesselyn Radack,
    Hale's attorney

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    News
    The Ukraine Whistleblowers and the Rise of Partisan Whistleblowing

    The Ukraine Whistleblowers and the Rise of Partisan Whistleblowing

    This moment should spark a conversation about the place of national security whistleblowing in a democratic society.

    Hannah Gurman
    Kaeten Mistry
    Oct 18, 2019

    "We must determine the whistleblower's identity," tweeted Donald Trump, who has become obsessed with finding and punishing the individual(s) that blew the whistle on the president's dealings with Ukraine.

    "Our primary interest right now is making sure that...they are protected," responded Adam Schiff (D-CA) on Face the Nation, noting that two whistleblowers had now come forward from within the intelligence community to expose Trump's phone call with his Ukrainian counterpart.

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    Opinion
    The Government's Argument That Reality Winner Harmed National Security Doesn't Hold Up. Here's Why.

    The Government's Argument That Reality Winner Harmed National Security Doesn't Hold Up. Here's Why.

    The government did not produce one iota of public evidence to back up its claims

    Trevor Timm
    Aug 24, 2018
    Whistleblower Reality Winner was officially sentenced to 63 months in prison on Thursday, after a federal judge rubber-stamped a plea deal already agreed to by the prosecution and Winner's lawyers. As the prosecution acknowledged, it is the longest sentence for a journalist's source in federal court history.

    The defense agreed to the plea deal in part to bring closure to Winner and her family. Her mother, Billie Winner-Davis, said when the plea was first announced that it was in her daughter's "best interest" since the Espionage Act does not afford her any public interest defense.

    But it should not bring closure to the crucial issues raised by this case, namely, the Justice Department's contention that "national security" claims by the executive branch can never be challenged; that the executive branch has the sole authority to decide when information should be secret; and that the DOJ can prosecute journalists' sources for "harming" national security with no public evidence whatsoever.

    At issue in Winner's case is a document she leaked to a news outlet. The Intercept published an article on June 5, 2017 about a five-page National Security Agency report that detailed how alleged Russian hackers targeted election vendors with phishing attacks in an attempt to access voters rolls in several states. The Intercept was not aware of the identity of the source who provided the document, though other news organizations connected it to Winner.

    In its sentencing memorandum two weeks ago, the prosecution made several dubious statements about why a sentence of this unprecedented length was necessary, chiefly that "the defendant's unauthorized disclosure caused exceptionally grave harm to our national security," a claim that was repeated several times. U.S. Attorney for the Southern District of Georgia Bobby Christine, who was appointed last year by President Donald Trump, went further on Thursday, calling Winner "a quintessential example of an insider threat."

    "Winner will serve a term of incarceration that will give pause to others who are entrusted with our country's sensitive national security information and would consider compromising it," Christine told reporters after the sentencing at the federal courthouse in Augusta, Ga. "Anyone else who may think of committing such an egregious and damaging wrong should take note of the prison sentence imposed today and the very real damage done."

    The government did not produce one iota of public evidence to back up its claims, citing only an unnamed "expert" whose comments are completely classified, and referring to the "top secret" marking on the document that they say "by definition" proves their point.

    But new evidence published by The Intercept for the first time today, along with one of Special Counsel Robert Mueller's recent indictments, undercuts the government's claims.

    When The Intercept first published the top-secret document, reporters and editors went to the government -- as they do every time The Intercept publishes classified documents -- to hear the NSA's views about any information that might truly harm national security. After listening to the agency's arguments, and out of an abundance of caution, The Intercept redacted a few pieces of information from the document before publishing it.

    A key phrase that the government wanted withheld was the specific name of the Russian unit identified in the document. The government was particularly insistent on that point. Since it wasn't vital to the story that the unit's name be revealed, nor was it clear -- at least at the time -- that revealing the unit's name was in the public interest, The Intercept agreed to withhold it.

    But in the indictment of alleged Russian military intelligence operatives that Mueller's office released last month, the Justice Department revealed the same name: GRU unit 74455. (The unit is also known as the Main Center for Special Technology or GTsST.) The indictment went on to reveal information almost identical to that contained in the document Winner admits to disclosing:

    In or around June 2016, KOVALEV and his co-conspirators researched domains used by U.S. state boards of elections, secretaries of state, and other election-related entities for website vulnerabilities. KOVALEV and his co-conspirators also searched for state political party email addresses, including filtered queries for email addresses listed on state Republican Party websites.

    In or around July 2016, KOVALEV and his co-conspirators hacked the website of a state board of elections ("SBOE 1") and stole information related to approximately 500,000 voters, including names, addresses, partial social security numbers, dates of birth, and driver's license numbers

    In or around August 2016, KOVALEV and his co-conspirators hacked into the computers of a U.S. vendor ("Vendor 1") that supplied software used to verify voter registration information for the 2016 U.S. elections. KOVALEV and his co-conspirators used some of the same infrastructure to hack into Vendor 1 that they had used to hack into SBOE 1.

    The Justice Department is trying to have it both ways: It's OK for Mueller to publicly release this information in an attempt to prosecute alleged Russian hackers because it's in the public interest. But at the exact same time, the government is also claiming that a document including very similar information causes grave harm to national security when disclosed to the public by someone else.

    Maybe timing was the issue, you might say. Maybe the government is arguing that the Winner document, released more than a year before the Mueller indictment, somehow could have tipped off the accused Russian operatives that the NSA was spying on them. But the special counsel's allegations point to a different conclusion.

    In the indictment of the alleged Russian intelligence officers, the Special Counsel's Office describes how the FBI itself tipped off the GRU unit to the U.S. surveillance almost a year before The Intercept published the NSA document. As the indictment notes:

    In or around August 2016, the FBI issued an alert about the hacking of SBOE 1 and identified some of the infrastructure that was used to conduct the hacking. In response, KOVALEV deleted his search history. KOVALEV and his co-conspirators also deleted records from accounts used in their operations targeting state boards of elections and similar election related materials.

    If the GRU was already aware that the U.S. was watching its activities in 2016 -- thanks to the FBI and not the media -- how could the Winner document have "gravely harmed" national security almost a year later?

    Even without the Mueller indictment, the claim that the release of the NSA document seriously endangered national security was specious to begin with. There were no "sources and methods" in anything The Intercept published. By the summer of 2017, Russia's attempted cyberattacks around the 2016 election had been widely reported.


    August 23, 2018, Augusta, Georgia, Reality Winner walks out of the courthouse after her sentencing.

    Regardless of the government's claims, it should be crystal clear to anyone who reads the newspaper that there is significant public interest in the information that Winner has admitted to disclosing. Russian interference in the 2016 election is still front-page news almost two years later. The federal government kept several states allegedly targeted by hackers in the dark about the specifics of these attacks until The Intercept published its story.

    Regardless of the government's claims, it should be crystal clear to anyone who reads the newspaper that there is significant public interest in the information that Winner has admitted to disclosing.

    In fact, the day after The Intercept's story came out, the Election Assistance Commission -- the federal agency in charge of assisting state election officials -- wrote an urgent bulletin to states, calling the report "credible" and urging state officials to read it. The EAC then provided advice on how to take action. (The commission, unbelievably, tweeted the hashtag #RealityWinner to promote its bulletin on social media).

    The long history of the U.S. government claiming that a document published by the press was a "closely held" secret -- when in fact it was anything but -- may be why J. William Leonard, the former classification czar under George W. Bush, agreed to act as a defense witness for Reality Winner on a pro bono basis. Since leaving office in the mid-2000s, Leonard has sought to draw attention to abuses within the U.S. government classification regime and has acted as an expert witness in several leak investigations.

    Leonard has also testified to Congress several times about our broken secrecy system. In 2016, he spoke before the House Oversight Committee about leak prosecutions similar to Winner's: "The opaque nature of the classification system can give the government a unilateral and almost insurmountable advantage when it is engaged in an adversary encounter with one of its own citizens, an advantage that is just too tempting for many government officials to resist."

    He went on to explain in his congressional testimony that even as government employees are regularly and harshly punished for revealing information that the government considers secret, "to my knowledge no one has ever been held accountable and subjected to sanctions for abusing the classification system or for improperly classifying information."

    Leonard never got to testify in the Winner trial, so the court will never hear his expert opinion on the document at issue. What we do know is that the executive branch under both parties has insisted for decades that the classification of documents is virtually unreviewable by either the judiciary branch or Congress. And history is littered with examples of the government abusing its classification authority.

    If you want to understand how the government classifies virtually any information in the national security space, no matter how benign, just read this recent account from BuzzFeed's Jason Leopold about an "illegal animal killing" on CIA property involving a government employee. After Leopold got wind of an Inspector General report on the subject, he filed a FOIA request for more information. The CIA stonewalled him and withheld the IG report on the incident in full, claiming it would "harm national security" to release it -- or even to disclose the type of animal that was killed.

    So Leopold sued. Three years later, the government finally relented and revealed that the animal in question was a deer. The rest of the report remains classified.

    It is, of course, conceivable that some unknown detail in the document Winner disclosed could have caused consternation at NSA headquarters. But because the government will never tell the public how something "damaged" national security, and uses the secrecy system to ensure that its arguments cannot be challenged, we'll never know.

    We'll also never know exactly how much national security damage the government caused by not releasing this information to state election officials and the public much earlier.

    We'll also never know exactly how much national security damage the government caused by not releasing this information to state election officials and the public much earlier.

    In Augusta on Thursday, Winner spoke about her now-deceased father, who she said "expected us to engage in intellectual discourse as soon as we were out of diapers." She said that like many Americans, her family was deeply affected by the attacks of Sept. 11, 2001, which sparked her interest in"the languages and the cultures of the countries involved." Winner joined the Air Force, then left to further her education and seek humanitarian work. She took a job at the government contractor Pluribus to "improve the language skills I developed in the Air Force.

    In a small measure of relief for Winner and her advocates, Judge Randal Hall endorsed her request to be sent to FMC Carswell, a Forth Worth federal medical facility where she will be about a seven-hour drive from her family in Kingsville, Texas. In court, Winner mentioned her 12-year struggle with bulimia, calling it "the most pressing internal challenge in my day-to-day survival," and said that seeking treatment is one of her top goals. Her defense attorneys requested the Fort Worth facility so Winner could receive adequate medical care and "further her humanitarian objectives" through assisting other inmates with "debilitating illnesses."

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    Opinion
    The Person Advocates Say Trump Should Pardon: NSA Whistleblower Reality Winner

    The Person Advocates Say Trump Should Pardon: NSA Whistleblower Reality Winner

    Reacting to Trump's tweet that Winner's 63-month sentence was "So unfair," whistleblower advocates say the president should pardon her

    Andrea Germanos
    Aug 24, 2018

    Whistleblower advocates are calling on President Donald Trump to pardon former National Security Agency contractor Reality Winner, who was sentenced Thursday to over five years in prison for performing a "public service."

    "I think what has been done by the Trump administration to Reality is just terrible, and it's one of the worst miscarriages of justice I've seen in a long time."
    --James Risen, The Intercept
    Winner, who was prosecuted under the Espionage Act, accepted a plea deal that sends her to prison for 63 months for leaking to the press in 2017 information that exposed a Russian cyberattack against U.S. voting systems. It's the longest sentence ever in federal court for leaking government information to the press.

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    News
    NSA Whistleblower Reality Winner Receives Longest Sentence Ever For Unauthorized Disclosure

    NSA Whistleblower Reality Winner Receives Longest Sentence Ever For Unauthorized Disclosure

    'Her sentence for violating the Espionage Act is extraordinary, particularly when compared to sentences issued in other leak prosecutions. Yet, it is representative of the extent to which the government will go to make examples out of whistleblowers.'

    Kevin Gosztola
    Aug 23, 2018

    Former National Security Agency contractor Reality Winner was sentenced to five years and three months in prison at a federal courthouse in Augusta, Georgia. It was part of a plea agreement approved by the court, where Winner admitted she disclosed classified information in violation of the Espionage Act.

    Winner will be incarcerated at Federal Medical Center, Carswell in Fort Worth, Texas, primarily because she has been bulimic for 12 years. In a statement read before the court, Winner said bulimia has been "a constant struggle" for her and expressed fear that, if she wasn't incarcerated at a medical facility, she could turn to bulimia as a coping mechanism. She also suffers from depression after the death of her father in 2016, mere months before the act for which she was prosecuted.

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    News
    Whatever You Think of the Trump-Russia Investigation, Whistleblower Reality Winner Deserves Your Support

    Whatever You Think of the Trump-Russia Investigation, Whistleblower Reality Winner Deserves Your Support

    Winner is caught between two camps — a whistleblower without a constituency.

    Trevor Timm
    Jun 03, 2018

    Reality Winner, the former NSA contractor accused of releasing national security information to the media, will have been in jail for more than a full year without being convicted of a crime. Her trial, originally scheduled for October 2017, has been pushed back multiple times and is now on the docket for October 2018. It's anyone's guess whether the case will drag on even longer.

    Something curious has happened along the way: Winner's case fell out of the public consciousness. National media pays scant attention to her plight, and many advocates from the left to the center of the political spectrum -- all of whom should have ample reason to loudly protest the many injustices in her case -- have been largely silent.

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    Opinion

    Reality Winner Is a Whistleblower

    Many whistleblowers pay a very high price. The least we can do is protect them.

    Jesselyn Radack
    Jun 09, 2017

    Reality Winner, the 25-year-old Air Force veteran and NSA contractor charged with mailing classified material to a news outlet, is a classic whistleblower. She hasn't claimed that mantle, which is understandable given America's love-hate relationship with whistleblowers. They are alternately celebrated and denounced, depending on who has the microphone and who has the power.

    "The most successful whistleblowers--from Daniel Ellsberg to Edward Snowden--have gone to the media, which brings the benefits of speed, objectivity and investigative resources."

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    Opinion

    Edward Snowden Comes to Defense of Jailed NSA Contractor Reality Winner

    'The prosecution of any journalistic source without due consideration by the jury as to the harm or benefit of the journalistic activity is a fundamental threat to the free press.'

    Common Dreams Staff
    Jun 06, 2017

    A day after her arrest was announced publicly by the U.S. Justice Department, Reality Winner, the 25-year-old alleged source of a leaked National Security Agency document detailing Russian hacking efforts, has found a vocal ally in the world's best known whistleblower of the contemporary era: Edward Snowden.

    Snowden, who first made headlines around the world in 2013 when he went public as the source of a massive trove of NSA documents detailing the agency's global "collect-it-all" surveillance dragnet, released a statement Tuesday evening saying that while much remains unknown about the details of the case, the Justice Department's decision to file charges under the 'Espionage Act' is deeply troubling.

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    News
    See More

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