• Oh, Baloney. State Department Internet Freedom Fellows Emphasizes Defense of Freedoms Online

    June 26, 2012

    Tags: , ,
    Posted in: Democracy, Embassy/State




    The Department of State, which apparently does not care whether anyone actually believes what they say, said this:

    At the Human Rights Council (HRC), the United States has consistently placed special emphasis on the protection and promotion of the freedoms of expression, peaceful assembly and association, because we understand that these fundamental freedoms are essential to facilitating the exercise of other universal rights.

    As activity in the economic, social, and the political realms gravitates from the offline world to the online world, we have an additional responsibility to ensure that human rights and fundamental freedoms are not eroded simply because they are being exercised in the digital realm. The United States is committed to the principle that the same rights that people have offline must also be protected in the online world.



    Now, Welcome to My World

    Imagine a world where your emails, web browsing, Facebook and Twitter are monitored, where you are threatened with prosecution at work, where government agents dig through your credit report and ask your neighbors and officemates for “dirt” (some, scared, try to supply it), and where sudden “compelled” interrogations shatter your life. Imagine being jerked out of your job of 24 years and placed on a Secret Service Watch List for publicly criticizing a government official, and then allowed back to work only in a capacity designed to humiliate you, and send a message to others to remain silent.

    Welcome to my world.

    Since writing a book and beginning this blog, all of the things listed above have happened to me, here, in the United States, and all done by my employer, the Department of State. The same organization that speaks out for the rights of bloggers in Syria, offers sanctuary to dissidents in China and promotes web freedom in Iran, has used all of the security tools at its disposal to silence a minor critic within its own ranks.

    Me.

    Mine is a simpler version of the current Administration’s war on whistleblowers. It illustrates the way that the government uses the tools of security to silence dissent and punish whistleblowers. As those tools continue to increase in power, and as the definition of troublemaker continues to expand, it is safe to say you might be next.

    For me, it began simply enough, with my book We Meant Well that chronicled my experiences leading two State Department Provincial Reconstruction Teams in Iraq, supposedly helping to reconstruct that country after years of war, hearts and minds stuff. Instead, I found a vast sinkhole in the desert, filling with American money while my bosses sought propaganda pictures and feel-good stories to bump up their own chances of promotion.

    What is revealing about my case is not so much that the government has renewed zero tolerance for dissent (the Obama Administration has begun prosecutions under the 1917 Espionage Act against twice as many whistleblowers as all previous administrations combined), but that the tools used to silence that dissent are all security-related. Slightly more benign in practice (for now), in theory this is little different than the Soviets executing dissidents as spies after show trials or the Chinese using their courts to legally confine thinkers they disapprove of in mental institutions. Turn the volume up and you’ve jumped from vengeance to totalitarianism. It appears that America’s goal is to become East Germany.

    On Becoming East Germany

    It has become common wisdom within the Department of State that when senior officials want to deep six an employee for no officially allowable reason (i.e., writing a book and blogging in my case), they turn the case over to their internal police, the Bureau of Diplomatic Security (DS). Originally created to protect diplomats overseas, DS has emerged in recent years more as a new world Stasi, with greater and greater emphasis on its internal security function over its traditional, more benevolent, role.

    In my case, DS was supposedly summoned first because of an accusation (made by the Human Resources office) that a link on my blog to another web site displaying Wikileaks documents constituted a breach of security. As absurd as the accusation was (if linking was the standard of guilt the whole Internet stands accused), it was good enough internally to invoke DS doing a deep dive into my life in search of “evidence” to terminate me. Once that door was opened, DS commenced forensic analysis of my computers, the aforementioned monitoring and three separate interrogations, a total of six hours in a windowless room with a good cop and a bad cop crudely hammering away. The tools of security are many: DS claimed my interrogations were “compelled” as a condition of employment and thus took place without the Fifth Amendment protection against self incrimination. When I refused to answer their questions about charities I donate to, medicines I take or my finances, they charged me with impeding an investigation and “lack of candor.” In a perfect Catch-22, one can either incriminate oneself, or be punished for not incriminating oneself.

    Your, er, my choice.

    Handling personnel problems using security tools has other advantages for the government. The official Report of Investigation in my case contains significant redactions, as if parts of my own life cannot be revealed to me. Facts can be hidden from Freedom of Information Act requests and even court-ordered discovery in the name of “security,” and thus manipulated to document pre-determined outcomes. What is called an investigation morphs into an indictment, where the goal is to keep fishing until something, anything, comes up. Actions by Diplomatic Security at the State Department occur without any independent review, and are largely not appealable to the Courts. Diplomatic Security, unlike its counterparts at the Department of Defense and other agencies, even refuses to use the “substantial evidence standard” mandated by the Administrative Procedures Act.

    As another commenter put it, “That freedom from oversight (the quo) is the plausible deniability factor that allows the State Department to use every dirty trick imaginable to terminate anyone, deserved or not (the quid). Diplomatic Security leadership gets the kind of absolute power that the corrupt enjoy absolutely, in exchange for using that power, when desired, to eliminate the problem employee of the day.”

    Gay Bashing as Precedent

    The use of security as the bully boy at the State Department is not new. Sad precedent shows that security investigations were used regularly up until about 1992 at State to out gay and lesbian employees. It began with a McCarthy-era campaign known as the “Lavender Scare” in which more than 1000 State Department employees suspected of being gay or lesbian lost their jobs even as the US also pressured United Nations and NATO allies into joining the campaign. The thought in those days was that hidden sexuality made one vulnerable to blackmail, while of course being openly gay made one unsuitable for employment, another Catch-22. Hundreds of men and women lived false lives in fear, sometimes labeling partners as domestic servants to hide relationships from Diplomatic Security. A well-known very senior official traveled with her partner on the manifest as a “valet” to keep the fiction alive. Whispered accusations of homosexuality to DS ruined many careers.

    The seminal example of use of security at State to destroy bothersome employees comes from the 1950’s, again during the dark McCarthy years. John Paton Davies, in a new autobiography called China Hand, tells of his own termination from the State Department. Davies was one of a generation of brilliant scholars and diplomats known collectively as the “China Hands” during WWII. He predicted that Mao would win the Chinese Civil War and advocated better relations with Communist China to counter Soviet influence. Davies, of course, was prescient in his advice, though being right did not save him. Instead, for his views counter to popular policy that saw all Communist countries as a caliphate, Davies faced nine Diplomatic Security investigations between 1948 and 1954, all of which failed to produce any evidence of wrongdoing. Nevertheless, in 1954, under political pressure from Senator Joe McCarthy, the gutless Secretary of State John Foster Dulles asked Davies to resign. Davies refused, and Dulles terminated him, claiming he had “demonstrated a lack of judgment, discretion and reliability,” charges that curiously echo the ones against me for poor judgment, lack of candor and mishandling classified material I never once handled.

    In the topsy-turvy world that now is our new reality, the Obama administration charged former CIA officer John Kiriakou under the Espionage Act after he blew the whistle on the waterboarding of al-Qaeda suspects and refused to participate in torture. His sociopathic CIA counterpart, Jose Rodriguez, meanwhile, is proudly promoting a new book in which he brags about torturing the same people and gloats over destroying the video evidence of his actions. The Espionage Act itself favored by the Obama people harkens back to dark times in American history, having been used against the government’s political opponents. Targets included labor leaders and radicals like Eugene V. Debs, Bill Haywood, Philip Randolph, Victor Berger, John Reed, Max Eastman, and Emma Goldman. Debs, a union leader and socialist candidate for the presidency, was, in fact, sentenced to ten years in jail for a speech attacking the Espionage Act itself.

    The First Amendment

    To understand what this all means, it is important to take a step back. Here’s the First Amendment, in full:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    Those beautiful words are the sparse poetry of the American democratic experiment. The Founders purposely wrote the First Amendment to read broadly, and not like a snippet of tax code, in order to emphasize that it should encompass everything from shouted religious rantings to eloquent political criticism. The Founders would retch to see what has become of the spirit of the Enlightment that drove them, simply because America got frightened after 9/11. Our nation was founded by bigger men, to be stronger than to casually throw away hard-won rights.

    The effect of all these security-as-bully-boy-personnel-tactics is to chill free speech within government. Government is different than private business. If you don’t like McDonald’s because of its policies, go to Burger King, or eat at home. You don’t get the choice in governments, and so the critical need for employees to be able to speak informs the Republic. We are the only ones who can tell you what is happening inside your government. It really is that important.

    James Madison understood these dangers, and warned “The means of defense against foreign danger historically have become the instruments of tyranny at home.” As the tools of security increase in quality and quantity, and the courts continue to pay false deference to anything tagged as “security related,” the line between actions directed against enemies abroad and perceived enemies at home continues to blur. Many of the illegal things Richard Nixon did to the famous Pentagon Papers whistleblower Daniel Ellsberg are now both legal under the Patriot Act and far easier to accomplish with new technologies. There is no need, for instance, to break into anyone’s psychiatrist’s office looking for dirt, as happened to Ellsberg, when the National Security Agency can penetrate your doctor’s electronic records as easily as you can read this page. The use of those security tools expands, from true enemies of the state to bothersome employees of State.

    Yes, welcome to my world indeed. Criticize any government you like, as long as it isn’t the one at home.



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  • Recent Comments

    • Rich Bauer said...

      1

      PVB,

      DS, a quasi-law enforcement agency, should focus on its VIP protection duties and leave national security investigations to the pros. The unprofessional actions you describe are indicative of rank amateurs and not surprising given the poor training DS agents like Dirty Deedy receive.

      06/26/12 2:46 PM | Comment Link

    • Rich Bauer said...

      2

      As for that “No Such Agency” you speak off, as Brett McGurk has come to realize, a Stellar(ill) Wind blows no good.

      http://www.salon.com/2012/06/25/nsas_wiretapping_doublespeak/singleton/

      06/26/12 2:53 PM | Comment Link

    • teri said...

      3

      I’d love to be able to say something really witty and memorable, but all I can manage on my own is, “Good God.” Words from someone else spring to mind readily, however; this from a Morris Berman interview (he wrote ‘Dark Ages America’ and most recently, ‘Why America Failed’):

      Berman: “There is a story, probably apocryphal, of a Native American scouting expedition that came across the starving members of the Donner Party in 1847, who were snowbound in the Sierra Nevadas and resorted to cannibalism in order to survive. The expedition, which had never seen white people before, observed the Donner Party from a distance, then returned to base camp to report what they had seen. The report consisted of four words: ‘They eat each other.’ Frankly, if I could summarize the argument of Why America Failed in a single phrase, this would be it. Unless Occupy Wall Street (or some other sociopolitical movement) manages to turn things around in a fundamental way, ‘They ate each other’ will be our epitaph.”

      06/26/12 3:47 PM | Comment Link

    • Rich Bauer said...

      4

      If ‘They ate each other’ will be our epitaph” Homer Simpson will be our American and DS idol.

      http://www.youtube.com/watch?v=X3ZcZ2h4Ths

      06/27/12 1:36 AM | Comment Link

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