Posts Tagged Bradley Manning

Obama’s Abuse of the Espionage Act is Modern-Day McCarthyism

treason

The conviction of Bradley Manning under the 1917 Espionage Act, and the US Justice Department’s decision to file espionage charges againstNSA whistleblower Edward Snowden under the same act, are yet further examples of the Obama administration‘s policy of using an iron fist against human rights and civil liberties activists.

President Obama has been unprecedented in his use of the Espionage Act to prosecute those whose whistleblowing he wants to curtail. The purpose of an Espionage Act prosecution, however, is not to punish a person for spying for the enemy, selling secrets for personal gain, or trying to undermine our way of life. It is to ruin the whistleblower personally, professionally and financially. It is meant to send a message to anybody else considering speaking truth to power: challenge us and we will destroy you.

Only ten people in American history have been charged with espionage for leaking classified information, seven of them under Barack Obama. The effect of the charge on a person’s life – being viewed as a traitor, being shunned by family and friends, incurring massive legal bills – is all a part of the plan to force the whistleblower into personal ruin, to weaken him to the point where he will plead guilty to just about anything to make the case go away. I know. The three espionage charges against me made me one of “the Obama Seven”.

In early 2012, I was arrested and charged with three counts of espionage and one count of violating the Intelligence Identities Protection Act (IIPA). (I was only the second person in US history to be charged with violating the IIPA, a law that was written to be used against rogues like Philip Agee.)

Two of my espionage charges were the result of a conversation I had with a New York Times reporter about torture. I gave him no classified information – only the business card of a former CIA colleague who had never been undercover. The other espionage charge was for giving the same unclassified business card to a reporter for ABC News. All three espionage charges were eventually dropped.

So, why charge me in the first place?

It was my punishment for blowing the whistle on the CIA’s torture program and for confirming to the press, despite government protestations to the contrary, that the US government was, indeed, in the business of torture.

At the CIA, employees are trained to believe that nearly every moral issue is a shade of grey. But this is simply not true. Some issues are black-and-white – and torture is one of them. Many of us believed that the torture policy was solely a Bush-era perversion. But many of these perversions, or at least efforts to cover them up or justify them, have continued under President Obama.

Obama and his attorney general, Eric Holder, declared a war on whistleblowers virtually as soon as they assumed office. Some of the investigations began during the Bush administration, as was the case with NSA whistleblower Thomas Drake, but Espionage Act cases have been prosecuted only under Obama. The president has chosen to ignore the legal definition of whistleblower – any person who brings to light evidence of waste, fraud, abuse or illegality – and has prosecuted truthtellers.

This policy decision smacks of modern-day McCarthyism. Washington has always needed an “ism” to fight against, an idea against which it could rally its citizens like lemmings. First, it was anarchism, then socialism, then communism. Now, it’s terrorism. Any whistleblower who goes public in the name of protecting human rights or civil liberties is accused of helping the terrorists.

That the whistleblower has the support of groups like Amnesty International, Human Rights Watch, or the American Civil Liberties Union matters not a whit. The administration simply presses forward with wild accusations against the whistleblower: “He’s aiding the enemy!” “He put our soldiers lives in danger!” “He has blood on his hands!” Then, when it comes time for trial, the espionage charges invariably are either dropped or thrown out.

The administration and its national security sycophants in both parties in Congress argue that governmental actions exposed by the whistleblower are legal. The Justice Department approved the torture, after all, and theUS supreme court said that the NSA’s eavesdropping program was constitutional. But this is the same Justice Department that harassed, surveilled, wiretapped and threatened Martin Luther King Jr, and that recently allowed weapons to be sold to Mexican drug gangs in the Fast and Furious scandal. Just because they’re in power doesn’t mean they’re right.

Yet another problem with the Espionage Act is that it has never been applied uniformly. Immediately after its passage in 1917, American socialist leader Eugene V Debs was arrested and imprisoned under the Espionage Act – simply for criticizing the US decision to enter the first world war. He ran for president from his prison cell.

Nearly a century later, when the deputy director for national intelligence revealed the amount of the highly-classified intelligence budget in an ill-conceived speech, she was not even sent a letter of reprimand – despite the fact the Russians, Chinese, and others had sought the figure for decades. When former Defense Secretary and CIA Director Leon Panetta boastfully revealed the identity of the Seal Team member who killed Osama bin Laden in a speech to an audience that included uncleared individuals, the Pentagon and the CIA simply called the disclosure “inadvertent”.

There was no espionage charge for Panetta. But there was a $3m book deal.

The Obama administration’s espionage prosecutions are political actions for political reasons, and are carried out by political appointees. The only way to end this or any administration’s abuse of the Espionage Act is to rewrite the law. It is so antiquated that it doesn’t even mention classified information; the classification system hadn’t yet been invented. The law was written a century ago to prosecute German saboteurs. Its only update came in 1950, at the height of the Julius and Ethel Rosenberg case. The law is still so broad and vague that many legal scholars argue that it is unconstitutional.

The only hope of ending this travesty of justice is to scrap the Espionage Act and to enact new legislation that would protect whistleblowers while allowing the government to prosecute traitors and spies. This would require congressional leadership, however, and that is something that is very difficult to come by. Giants like the late Senators Daniel Patrick Moynihan and Frank Church, and the late Representative Otis Pike, who boldly took on and reformed the intelligence community in the 1970s, are long-gone. Until someone on Capitol Hill begins to understand the concept of justice for national security whistleblowers, very little is likely to change.

The press also has a role to play, one that, so far, it has largely ignored. That role is to report on and investigate the whistleblower’s revelations of illegality, not on the kind of car he drives, the brand of eyeglasses he wears, where he went to college, or what his nextdoor neighbor has to say about their childhood.

The attacks on our civil liberties that the whistleblower reports are far too important to move off-message into trivialities. After all, the government is spying on all of us. That should be the story.

By , The Guardian. Read original article here

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Julian Assange’s Statement on the Verdict of Bradley Manning

Today Bradley Manning, a whistleblower, was convicted by a military court at Fort Meade of 19 offences for supplying the press with information, including five counts of ’espionage’. He now faces a maximum sentence of 136 years.

The ’aiding the enemy’ charge has fallen away. It was only included, it seems, to make calling journalism ’espionage’ seem reasonable. It is not.

Bradley Manning’s alleged disclosures have exposed war crimes, sparked revolutions, and induced democratic reform. He is the quintessential whistleblower.

This is the first ever espionage conviction against a whistleblower. It is a dangerous precedent and an example of national security extremism. It is a short sighted judgment that can not be tolerated and must be reversed. It can never be that conveying true information to the public is ’espionage’.

President Obama has initiated more espionage proceedings against whistleblowers and publishers than all previous presidents combined.

In 2008 presidential candidate Barack Obama ran on a platform that praised whistleblowing as an act of courage and patriotism. That platform has been comprehensively betrayed. His campaign document described whistleblowers as watchdogs when government abuses its authority. It was removed from the internet last week.

Throughout the proceedings there has been a conspicuous absence: the absence of any victim. The prosecution did not present evidence that – or even claim that – a single person came to harm as a result of Bradley Manning’s disclosures. The government never claimed Mr. Manning was working for a foreign power.

The only ’victim’ was the US government’s wounded pride, but the abuse of this fine young man was never the way to restore it. Rather, the abuse of Bradley Manning has left the world with a sense of disgust at how low the Obama administration has fallen. It is not a sign of strength, but of weakness.

The judge has allowed the prosecution to substantially alter the charges after both the defense and the prosecution had rested their cases, permitted the prosecution 141 witnesses and extensive secret testimony. The government kept Bradley Manning in a cage, stripped him naked and isolated him in order to crack him, an act formally condemned by the United Nations Special Rapporteur for torture. This was never a fair trial.

The Obama administration has been chipping away democratic freedoms in the United States. With today’s verdict, Obama has hacked off much more. The administration is intent on deterring and silencing whistleblowers, intent on weakening freedom of the press.

The US first amendment states that “Congress shall make no law… abridging the freedom of speech, or of the press”. What part of ’no’ does Barack Obama fail to comprehend?

See Assange’s statement here

I could not have worded it better. Thank you Julian Assange and thank you Bradley Manning. My heart aches to know that such a fine young man like him will spend the rest of his life in prison as a political prisoner essentially because he exposed crimes committed by our government. And it is even more disturbing that the American people are not more riled up, or riled up at all and do not see just how truly detrimental to the very fabric of this nation such a verdict is.

Bradley Manning is a hero and patriot and it is shocking to see that I live in a country where whistle-blowing and thus exposing government crimes are being treated as espionage and treason.

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An Observation in Light of the Bradley Manning Verdict Tomorrow

Bradley Manning

Twenty Five year old Bradley Manning, who was held in solitary confinement for 23 hours a day for nine months after his arrest on May 29, 2010 and forced to sleep naked without pillows and sheets on his bed, and restricted from physical recreation or access to television or newspapers even during his one daily hour of freedom from his cell, all under the pretense that the private was a suicide risk, is awaiting his verdict tomorrow.

Manning was arrested in 2010 in Iraq and accused of providing WikiLeaks with 700,000 intelligence documents and videos, many of them classified and he was subsequently court-martialed.  He  faces life in prison if he is convicted of aiding the enemy, along with 21 other charges related to what has been deemed the largest leak of classified information in American history.

A few things:

Do people really believe it would be “just” or that “justice” would be served if this kid, who isn’t a violent offender, were put into jail for however many years where he will be violated and abused and psychologically damaged simply because, for whatever reason – naivety, idealism, youthful hopefulness, stupidity, patriotism, humanity  – he revealed our government’s dirty little deeds and lies and war mongering and a host of other undemocratic and dishonest practices that take place clandestinely in our names and which have serious consequences for us as well as others? Do people really believe that locking him up, as if he was the enemy,  would be the solution?

As if it wan’t bad and unconscionable enough that he had to endure the inhumane treatment in prison and as if it weren’t bad enough that he has already been robbed off three years of his life and youth, now we believe sending him to jail with a bunch of violent offenders and locking him up would be just?

Bradley Manning, in that case, would then be effectively nothing but a political prisoner.

Look, we all know what the verdict will be, and it won’t be just. And all those people who cite government and allegiance to government need to remember that a government is a body of people, usually notably ungoverned. See: the United States government and its spying and our Congress members half of whom are millionaires and in bed with big industry that line their pockets and who are not accountable to anyone. Congress holds the purse, they can give themselves raises, they borrow money from social security and postal service retirement and never pay it back and then count it as part of the budget – as if they weren’t paid into systems – they set the laws, they chose when not to regard and obey certain laws as they see fit –  such as in the case of torture and the NSA spying and other civil rights violations – they approve secret courts that issue secret warrants and they are, in essence not accountable to anyone and thus notably ungoverned. And unless one these Congress members is caught doing it with someone who isn’t his wife, they are virtually untouchable too and stay in office forever so that they can continue to enrich themselves at our expense.

So let me ask again, who is the criminal here?

Transparency doesn’t always mean we need to know every little detail but we do need to know the motives of our leaders and the documents released by Manning and then WikiLeaks show us that the true face of government is very different from what we are shown. A third of your pay, if you are not part of the 1%, goes to that government, which uses it for reasons you don’t understand nor are likely to benefit from.

Finally, if we allow those that would give up their freedom to try to inform and bring understanding to the people of this nation regarding crimes being committed by the Government and the Military Industrial Complex to be found guilty of a crime then we, the citizens of this nation, deserve neither safety nor freedom.

Bradley Manning has attempted to enlighten the citizens of this nation…better put, he has enlightened the citizens of this nation and the citizens of the world as to how horribly wrong war and some acts committed during war can be and are. I mean the atrocities committed were not being committed against paper dolls, those are real human beings whose lives are just as important as the lives of the people in this nation.

Manning should be found not guilty and should be given an honorable discharge from the military instead of sentenced to jail for one year or 20 or 15 or 100.

Wouldn’t we be sending a better message to the world- both as a nation and as a peoples  – if we lived in a world where the judge gave Manning immunity because “the American people are not the enemy“? Instead, we live in a world in which someone like George Zimmerman murders an unarmed black teenager and gets away with it while Bradley Manning who exposes crimes committed by our government gets locked up. This is your America.

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Today in Democracy At Its Best: After Watering Down Financial Reform, Ex-Senator Scott Brown Joins Goldman Sachs’ Lobbying Firm

The face of patriotism: Scott Brown

The face of patriotism: Scott Brown

It’s a good thing that corruption only exists in places like India and Mexico and not in this wonderful, democratic and free country where everyone – rich or poor, powerful or not, is held to the same standards and where the rule of law applies to all of us. A country where our officials are held to the highest ethical standards with respect to stocks they can own in which companies as well as their employment options post government service – and I used the term service as it pertains to our government officials quite loosely as the only service they are engaging in is that of enriching their own pockets.

It is no coincidence that nearly half of Congress are millionares.

Case in point: Senator Scott Brown from Massachusetts. During his nearly three years in the U.S. Senate, Brown, much like most of his colleagues, frequently came to the aid of the financial sector — watering down the Dodd-Frank bill and working to weaken it after its passage — and accepted hundreds of thousands of dollars in campaign cash from the industry. Now, the man Forbes Magazine called one of “Wall Street’s Favorite Congressmen” will use those connections as counsel for Nixon Peabody, an international law and lobbying firm.

The Boston Globe noted Monday that while Brown himself will not be a lobbyist — Senators may not lobby their former colleagues for the first two years after leaving office, under the Honest Leadership and Open Government Act of 2007 (HA!!! Hahahahahahahahahah — speak of your token legislation) “he will be leaning heavily on his Washington contacts to drum up business for the firm.” The position will also allow him “to begin cashing in on his contacts with the financial services industry, which he helped oversee in the Senate.”

Oversee the Senate. I am so glad that the honest leadership and open government act of 2007 has been put in place so that now former Senators can take on new jobs where they use their connections to oversee the Senate – like it was a private equity firm and not one of the governing bodies of this oh so democratic nation.  It is especially reassuring that they have to wait a whopping two years to do so.

Among the lobbying clients represented by Nixon Peabody is Goldman Sachs, the Wall Street behemoth that skirted the Dodd-Frank rules . Brown received $10,000 in PAC contributions from Goldman and more than $100,000 in contributions from its employees.

Transparency, accountability and integrity have never looked so profitable and patriotic.

Wave the flag everyone. The American Dream is at works here.

India, China and all those other corrupt countries with corrupt leaders who enrich their pockets at the expense of the people who elected them and entrusted them with representing their interests as opposed to that of banks and corporations have a huge lesson to learn from how we do things in this country. Now with the Honest Leadership and Open Government Act of 2007 in place and the fact that a Senator has to wait a whole two years to go work for the people he helped while he was in office – killing the time by going on long, expensive vacations, remodeling one of their mansions, building a bowling alley or recreational room possibly and attending soirees thrown by the likes of Lloyd Blankfein.   – we are in doubly good hands and all set.

Imagine the hardship and the test of endurance this requires of one.  Two whole years of doing nothing but spending the money you amassed being the representative of Wall Street and at the backs of those who entrusted you with their vote – vacationing  partying, spending, remodeling. It’s a hard knock life. I know.

I am also very glad that someone like Bradley Manning, who exposed crimes committed by this government, is considered a traitor who will spend the rest of his life in prison, while folks like Scott Brown are considered upright patriots who get to enjoy all the freedom they can get to spend all the money they amassed at the back of this country and its citizens.

I am glad it is clear whose actions are treasonous and whose patriotic.

The American Dream never looked so good. So come to our shores…

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