• With Whistleblowers Jesselyn Radack and Tom Drake

    April 16, 2016 // 8 Comments »

    jess and tom

    I am very proud to call these two people friends:


    Jesselyn Radack, who blew the whistle on Department of Justice malfeasance in the handling of the “American Taliban” John Walker Lindh. Jess went on to become a key part of Edward Snowden’s defense team (full disclosure: Jess was also one of my lawyers in my own whistleblower struggle with the State Department.)


    Tom Drake, who blew the whistle on NSA domestic spying in the years right after 9/11, and who is cited by Edward Snowden as an important example as he decided whether or not to further expose the unconstitutional acts of the National Security Agency. In return for his truth telling, Tom was rewarded by being prosecuted under the Espionage Act, a tactic the Obama administration has now used seven times against intelligence whistleblowers, more than all previous administrations combined.

    We had a terrific lunch, and if only the walls could talk…




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    E.O. 12333: End-Running the Fourth Amendment

    September 22, 2014 // 7 Comments »




    Historians of the Constitutional Era of the United States (1789-2001, RIP) will recall the Fourth Amendment to the Constitution, the one that used to protect Americans against unreasonable and unwarranted searches.

    The Supreme Court had generally held that searches required a warrant. That warrant could be issued only after law enforcement showed they had “probable cause.” That in turn had been defined by the Court to require a high standard of proof, “a fair probability that contraband or evidence of a crime will be found in a particular place.”

    The basic idea for more or less over 200 years: unless the government has a good, legal reason to look into your business, it couldn’t. As communications changed, the Fourth evolved to assert extend those same rights of privacy to phone calls, emails and texts, the same rules applying there as to physical searches.

    That was Then

    It was a good run. The Bill of Rights was designed to protect the people from their government. If the First Amendment’s right to speak out publicly was the people’s wall of security, then the Fourth Amendment’s right to privacy was its buttress. It was once thought that the government should neither be able to stop citizens from speaking nor peer into their lives. Folks, as our president now refers to us, should not have to fear the Knock on the Door in either their homes or The Homeland writ large.

    In Post-Constitutional America (2001-Present), the government has taken a bloody box cutter to the original copy of the Constitution and thrown the Fourth Amendment in the garbage. The NSA revelations of Edward Snowden are, in that sense, not just a shock to the conscience but to the concept of privacy itself: Our government spies on us. All of us. Without suspicion. Without warrants. Without probable cause. Without restraint.

    The government also invades our privacy in multiple other ways, all built around end-runs of the Fourth Amendment, clever wordplay, legal hacks and simple twisting of words. Thus you get illegally obtained information recycled into material usable in court via what is called parallel construction. You have the creation of “Constitution Free” zones at the U.S. border. The Department of Justice created a Post-Constitutional interpretation of the Fourth Amendment that allows it to access millions of records of Americans using only subpoenas, not search warrants, to grab folks’ emails by searching one web server instead of millions of individual homes. Under a twist of an old “privacy law,” doctors disclose your medical records to the NSA without your permission or knowledge. SWAT raids by local police designed to break into African-American businesses on harassment expeditions are also now OK.

    The Center of It All: Executive Order 12333

    The most egregious example of such word-twisting and sleazy legal manipulations to morph illegal government spying under the Fourth Amendment into topsy-turvy quasi-legal spying is the use of Executive Order 12333, E.O. 12333, what the spooks call “twelve triple three.” The Order dates from 1981, signed by Ronald Reagan to buff up what his predecessors limited in response to overzealous law enforcement activities. The Gipper would be mighty proud that his perhaps most lasting accomplishment was legalizing surveillance of every American citizen.

    Back to today. Despite all the secret FISA court decisions and as yet uncovered legal memos, most collection of U.S. domestic communications and data is done under E.O. 12333, section 2.3 paragraph C.

    Specifically, the one sentence that the government believes allows them to bypass the Fourth Amendment says the intelligence community can “collect, retain, or disseminate information concerning United States persons” if that information is “obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation.”

    So, the work-around for the Fourth Amendment is as follows: NSA collects massive amounts of data on foreigners, often by hoovering up every fragment of electronic stuff flowing around the U.S. it can. So, while purportedly looking for a single terrorist email enroute to Yemen (“the needle”), the NSA collects every single email from Google, Yahoo and Microsoft (“the haystack.”) Thus, any American’s emails caught in that net are considered to have been collected “incidentally” to the goal of finding that one terrorist email. The NSA claims that the Executive Order thus makes its mass-scale violations of the Fourth Amendment legal.

    Tom Drake, perhaps the best-known NSA whistleblower prior to Edward Snowden, put it in simpler terms: “12333 is now being used as the legal justification for everything.”

    Oh and hey reformers: Executive Orders by one president stay in force until another president changes or negates them. We could have one at work today written by George Washington. What that also means is that Congress, should they regain consciousness, can’t change an E.O. Congress could in theory pass a law making the contents of an E.O. invalid, but that presumes someone in Congress knows the order exists and what it says. Many E.O.’s are classified and if they are not, such as 12333, the legal documents behind them and FISA interpretations of them, likely are.

    Snowden Knew

    Again, as a historical note, executive orders– basically dictates from the president– once did not trump the Constitution. However, in Post-Constitutional America, they do.

    As for this realization we have come upon, E.O. 12333, well, we’re all behind the curve. Edward Snowden, while still at NSA, wrote a now-famous email to the spy agency’s legal advisor, asking specifically whether an Executive Order has more legal force than an actual law passed by Congress, or indeed the Constitutional itself. The NSA’s answer was a bit convoluted, but said in a pinch the Constitution wins (wink wink), even while acting as if the opposite is true.

    As General Michael Hayden, then head of the NSA, said in a blistering blast of Newspeak, “I am convinced that we are lawful because what it is we’re doing is reasonable.”

    Ask Obama This Question

    So let’s make it simple: Journalists with access to the president, ask this question directly: Why is E.O. 12333 being used today, interpreted by the FISA court or any other means, stating that the NSA’s surveillance of U.S. citizens is “reasonable,” and thus no warrant is required for the surveillance to continue and remain constitutional under the Fourth Amendment?

    Of course getting an answer out of Obama will not happen. After all, he is the Constitutional law professor who studied the document the same way a burglar learns about an alarm system. TO BREAK IT BETTER.


    BONUS: The stuff above is real amateur-level writing on E.O. 12333. When you are ready to dig in deep, get over to Marcy Wheeler’s blog. She is the smartest person working in journalism today on the subject. My debt to her is hereby acknowledged.



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    New Whistleblower Documentary SILENCED World Premiere

    April 21, 2014 // 18 Comments »

    I am very proud of my role as Associate Producer for the film SILENCED. Executive Produced by Susan Sarandon, directed by Oscar-nominated James Spione, the film premiered April 19 at the Tribeca International Film Festival here in New York.

    The film is about the war being fought between those who reveal the dark truths about the United States’ national security policies, and a federal government ever more committed to shrouding its activities in secrecy.

    According to the Justice Department, those who leak sensitive information to the public are a threat to the nation’s safety. We have seen under the Obama Administration more Espionage Act prosecutions than all previous presidents combined. Many of those pursued by the government risked their lives, their freedom and their honor to commit an act of conscience and tell the American people what their government is doing in their names.



    Exec. Producer Susan Sarandon

    SILENCED focuses on three patriotic Americans, all of whom I have written about here before, and all of whom I hold as friends (I was interviewed and was originally scheduled to appear myself in the film for my own whistleblowing, but ended up on the cutting room floor.)

    Jesselyn Radack blew the whistle on the Department of Justice’s attempts to cover up the unConstitutional treatment of the so-called American Taliban, John Walker Lindh. As a young lawyer, Radack fought for Lindh’s right to be represented as he was interrogated, then, after discovering the cover-up, told us all what happened. Radack went on to devote her career to defending whistleblowers (Disclosure: Radack was part of the team that defended me after the Department of State retaliated against me for my own whistleblowing), including the other two subjects of this film. She currently is part of Edward Snowden’s legal team.

    Thomas Drake blew the whistle on the NSA’s domestic spying programs years before Edward Snowden, and fought a bitter battle for his freedom. Almost immediately following 9/11, Tom began finding threads within the NSA leading to the unConstitutional spying on Americans that only now is being fully exposed. Tom was also one of the first U.S. government employees to go to Congress with evidence that the intelligence community might indeed have prevented 9/11 had they shared specific information already on file among various agencies.

    John Kiriakou was the first person associated with the CIA to publicly declare waterboarding is torture. He struggled to maintain his freedom, but ultimately was pressed into a plea bargain to avoid bankrupting his family. John is now serving a 30 month sentence in Federal prison for his whistleblowing. John’s wife was present at the premiere, and read aloud to the audience a letter John had sent her from prison.



    Director James Spione

    I’ll leave the review of SILENCED to others, but it’s pretty damn good. I am far from objective on this subject, for being associated directly with the project, for being a whistleblower myself, and because I remain a patriotic American deeply concerned about what our nation has become. As we continue our slide into a post-Constitutional America, it will be future whistleblowers who may be the only ones who will show us what a government once of the people now is doing.




    SILENCED will move from Tribeca through a tour of various film festivals. Wider distribution is in the works. Until then, here’s the trailer for the film (again, though I’m in the trailer, I’m not in the final version of the film.)






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    Whistleblowing is About the Message, Not the Messenger

    January 9, 2014 // 18 Comments »

    The current media pablum about whether Snowden is “narcissistic” or “spiteful” or the devil himself is nonsense.


    This kind of thing has become a set-piece in America to dehumanize and discredit whistleblowers so as to dilute public support for the vital information they make available. In high school debate class this lame name-calling is known as ad hominem, one of the lowest forms of argument. The idea is that a claim is rejected on the basis of some irrelevant fact about the person presenting the claim. First comes an attack against the character of person making the claim. Second, this attack is taken to be evidence against the claim the person in question is making, just like stating 1+3=2.

    The technique is in full use against NSA whistleblower Edward Snowden, particularly swirling around demands by the New York Times and The Guardian that the U.S. government grant him clemency.

    The use of cheap ad hominem takes its crudest form in “opinion pieces” such as those by Washington Post typist Ruth Marcus. In the course of only a couple of hundred words, Marcus (who has never actually spoken to Snowden) calls Snowden messianic, smug, self-righteous, egotistical, disingenuous, megalomaniacal, overwrought, feckless and insufferable before concluding “The whistleblower personality is rarely an attractive one. Whistleblowers tend to be the difficult ones, the sort who tend to feel freer to speak out precisely because they don’t fit in. So perhaps it is not a surprise that the biggest whistleblower of all time has an unpleasant personality to match.” In an earlier piece, Marcus announced that “Snowden is no Socrates and no Martin Luther King,” as if anyone but her was even making such assertions. She concludes that “Socrates is [sic] a great philosopher and Snowden the lowest type of menial.”

    Former National Security Agency and CIA head Michael Hayden said of Snowden: “I used to say he was a defector… I’m now kind of drifting in the direction of perhaps more harsh language… such as traitor.”

    None of this is new. After Daniel Ellsberg exposed America’s duplicitous history in Vietnam by leaking the Pentagon Papers, the Nixon White House broke into his psychiatrist’s office looking for dirt to smear him. Chelsea Manning’s sexuality featured prominently and pruriently in media coverage of her disclosures. NSA whistleblower Thomas Drake described his own experience as “the politics of personal destruction while also engaging in abject, cut throat character assassination, and complete fabrication and frame up.” When the State Department was seeking to prosecute/fire me because of my own whistleblowing (seriously minor compared to Snowden of course) they pushed out all sorts of nasty things, and several media people accused me of being bad in some way. I was typically asked to “respond” to questions that I blew the whistle as part of some self-promotion campaign, or that I was simply a disgruntled employee out for revenge.

    When asked to respond to such statements, I would cut them off and stipulate “I am indeed a terrible person, mean to babies and puppies. And so what? This must be about the message, not the messenger. I don’t matter. What I said is either true or made up (of course it was true). Focus your energy on that. What I said either exposed government waste and mismanagement or it did not (it did), so focus your energy on that and not whether I return my library books on time (I do).

    The technique of smearing the messenger is crudely wielded when people try to diminish Snowden’s information’s value by criticizing him for not “manning up” to face consequences in the U.S., or for “selling out” to the Russians for asylum. Snowden, having watched what happened to Manning, Drake and others, knew he would be unlikely to be handled justly. The Espionage Act of 1917 carries the death penalty, and as we learned with the Manning trial the government need not prove any actual damage was done or any foreign power was actually aided to gain a conviction. The proceedings would all be classified and Snowden would be held in devastating pretrial detention in some Supermax. He would be prohibited from discussing his case with anyone but perhaps his lawyer and denied any outside contact or information. I don’t think Snowden wanted to live in Russia but under those circumstances he did not have many options outside of basically handing himself over to the U.S. government to be disappeared. To put this in some perspective, the U.S., after all, takes in many political asylees each year, the circumstances of which ebb and flow with U.S. policy of the moment. Other countries do the same and unless one is willing to condemn all those political asylees in the same way as one does Snowden (no guts, face the music, etc.) than it isn’t right to single him out.

    Snowden. I don’t know the guy. Maybe he is cool, fun to hang around with, quick with a joke and nice to babies, puppies and kittens. Maybe he is not. But outside the guilty pleasures of gossip (what new diet trick is Edward using to stay trim? Is it true about him and Lady Gaga?!?), Snowden, in a larger sense, in a good way, doesn’t matter as a person. What matters is what he has revealed to us about a national security state that has clearly gone quite insane, violating our liberty and our freedom to live without unwarranted search and seizure of our private lives.

    We would know nothing about the extent of NSA intrusion without Snowden’s information. Whether the debate on the NSA leads anywhere or not is an evolving question, but, without Snowden’s leaks, it would not be happening in any form. Let’s focus on Snowden’s information to save our democracy and leave the hypocrisy outside the door, the name-calling on the schoolyard and the gossiping for the Kardashians.


    BONUS: No one in government takes an “oath of secrecy.” I held a TS clearance for 23 years. You sign a paper promising to follow the rules on handling classified info. However, you do swear one oath, to preserve and defend the Constitution against all enemies foreign and domestic. Snowden believed he was acting on that oath in revealing the extent that the NSA had spun out of control. That action is called “conscience,” and it requires significant courage. FYI.



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    Whistleblowers Write Open Letter to Federal Employees after Snowden

    December 23, 2013 // 5 Comments »



    I know you’re out there, and this is for you.

    Somewhere there is a Federal government employee who has witnessed an act of government waste, fraud, malfeasance or mismanagement and is unsure what to do next. Several former whistleblowers have written a letter to you. I fully endorse what they say (see my additional thoughts here), and encourage you to take the hard, right choice over staying silent.

    We’re all depending on you.

    (This open letter originally appeared in the UK’s Guardian newspaper; links added)

    The Letter

    At least since the aftermath of September 2001, western governments and intelligence agencies have been hard at work expanding the scope of their own power, while eroding privacy, civil liberties and public control of policy. What used to be viewed as paranoid, Orwellian, tin-foil hat fantasies turned out post-Snowden, to be not even the whole story.

    What’s really remarkable is that we’ve been warned for years that these things were going on: wholesale surveillance of entire populations, militarization of the internet, the end of privacy. All is done in the name of “national security”, which has more or less become a chant to fence off debate and make sure governments aren’t held to account – that they can’t be held to account – because everything is being done in the dark. Secret laws, secret interpretations of secret laws by secret courts and no effective parliamentary oversight whatsoever.

    By and large the media have paid scant attention to this, even as more and more courageous, principled whistleblowers stepped forward. The unprecedented persecution of truth-tellers, initiated by the Bush administration and severely accelerated by the Obama administration, has been mostly ignored, while record numbers of well-meaning people are charged with serious felonies simply for letting their fellow citizens know what’s going on.

    It’s one of the bitter ironies of our time that while John Kiriakou (ex-CIA) is in prison for blowing the whistle on US torture, the torturers and their enablers walk free.

    Likewise WikiLeaks-source Chelsea (née Bradley) Manning was charged with – amongst other serious crimes – aiding the enemy (read: the public). Manning was sentenced to 35 years in prison while the people who planned the illegal and disastrous war on Iraq in 2003 are still treated as dignitaries.

    Numerous ex-NSA officials have come forward in the past decade, disclosing massive fraud, vast illegalities and abuse of power in said agency, including Thomas Drake, William Binney and Kirk Wiebe. The response was 100% persecution and 0% accountability by both the NSA and the rest of government. Blowing the whistle on powerful factions is not a fun thing to do, but despite the poor track record of western media, whistleblowing remains the last avenue for truth, balanced debate and upholding democracy – that fragile construct which Winston Churchill is quoted as calling “the worst form of government, except all the others”.

    Since the summer of 2013, the public has witnessed a shift in debate over these matters. The reason is that one courageous person: Edward Snowden. He not only blew the whistle on the litany of government abuses but made sure to supply an avalanche of supporting documents to a few trustworthy journalists. The echoes of his actions are still heard around the world – and there are still many revelations to come.

    For every Daniel Ellsberg, Drake, Binney, Katharine Gun, Manning or Snowden, there are thousands of civil servants who go by their daily job of spying on everybody and feeding cooked or even made-up information to the public and parliament, destroying everything we as a society pretend to care about.

    Some of them may feel favourable towards what they’re doing, but many of them are able to hear their inner Jiminy Cricket over the voices of their leaders and crooked politicians – and of the people whose intimate communication they’re tapping.

    Hidden away in offices of various government departments, intelligence agencies, police forces and armed forces are dozens and dozens of people who are very much upset by what our societies are turning into: at the very least, turnkey tyrannies.

    One of them is you.

    You’re thinking:

    ● Undermining democracy and eroding civil liberties isn’t put explicitly in your job contract.
    ● You grew up in a democratic society and want to keep it that way
    ● You were taught to respect ordinary people’s right to live a life in privacy
    ● You don’t really want a system of institutionalized strategic surveillance that would make the dreaded Stasi green with envy – do you?

    Still, why bother? What can one person do? Well, Edward Snowden just showed you what one person can do. He stands out as a whistleblower both because of the severity of the crimes and misconduct that he is divulging to the public – and the sheer amount of evidence he has presented us with so far – more is coming. But Snowden shouldn’t have to stand alone, and his revelations shouldn’t be the only ones.

    You can be part of the solution; provide trustworthy journalists – either from old media (like this newspaper) or from new media (such as WikiLeaks) with documents that prove what illegal, immoral, wasteful activities are going on where you work.

    There IS strength in numbers. You won’t be the first – nor the last – to follow your conscience and let us know what’s being done in our names. Truth is coming – it can’t be stopped. Crooked politicians will be held accountable. It’s in your hands to be on the right side of history and accelerate the process.

    Courage is contagious.

    Signed by:

    Peter Kofod, ex-Human Shield in Iraq (Denmark)
    Thomas Drake, whistleblower, former senior executive of the NSA (US)
    Daniel Ellsberg, whistleblower, former US military analyst (US)
    Katharine Gun, whistleblower, former GCHQ (UK)
    Jesselyn Radack, whistleblower, former Department of Justice (US)
    Ray McGovern, former senior CIA analyst (US)
    Coleen Rowley, whistleblower, former FBI agent (US)



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    Who Guards the Guards?

    June 12, 2013 // 39 Comments »



    America’s spies– our bad guys who sold secrets to other countries, Ames, the Walkers, Pollard— worked for money. Their motives were straightforward and they clearly, actively sought to trade secrets away for personal gain. They choose secrets such as code ciphers of specific interest and value to the enemy.

    But what about now? The people Obama is/has/will be prosecuting under the Espionage Act (Manning, Drake, Snowden) did not act for money (quite the contrary; all suffered personally for their actions) and instead of informing a foreign power, they sought to inform the American people. That is not spying.

    Our current whistleblowers were all vetted multiple times by the U.S. Government. If Snowden’s publically available bio is true, he was vetted by the Army, the CIA, the NSA and again as an NSA contractor. What happened?

    What happened was conscience, and God bless us all for it.

    History recognizes the need to act on conscience when faced with unconscionable situations. Dietrich Bonhoeffer, writing about Kristallnacht, said “Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” The Nuremberg prosecutors reminded the accused that “Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring.” Dr. Martin Luther King, writing from a Birmingham jail cell, said “One may well ask: ‘How can you advocate breaking some laws and obeying others?’ The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.'”

    Bradley Manning provided no real aid and comfort to the enemy. Among other horrific events, he exposed what was a war crime to everyone but the U.S. Government as civilians and journalists were machine gunned from the air. He exposed U.S. murder of Iraqi civilians. He shared with the American people exactly what was being done in their name. None of that information was secret for any legitimate reason (it was kept quiet to protect the USG from embarrassment and/or prosecution), and it certainly was not secret to the “enemy;” they knew damn well what we were doing.

    The case is the same with Snowden. He simply told the American people, in much greater detail than the Government wished to reveal, what their own government was doing to them. The NSA spying focused on Americans, and even as the government seeks to justify it the case weakens around them. Indeed, all that surveillance failed to even catch Snowden gathering documents from the inside but we’re supposed to believe it has saved us from terrorism? Once again, the people most informed by the leaked material were the American people, not any imagined generic “enemy.” Indeed, most of the enemy comes from police-state countries where surveillance (and torture, another recent U.S. activity) is routine and overt. They knew damn well what we were doing. Bin Laden stopped using cell phones a decade ago.

    If I could shout into the White House, it would be something like this:

    Your own guards are turning against your surveillance and secrecy. People whom you vetted are being moved into glorious, selfless democratic acts of conscience by your lies and your actions. If the government continues to treat every citizen as a potential terrorist, more and more of them will be moved to act, to uphold their true oath of office— to uphold and protect the Constitution from all enemies, foreign and domestic.

    Are you not aware Mr. Obama that one whistleblower, Assange, is living in a foreign embassy for his own protection from you, while another, Snowden, is said to be headed for asylum somewhere abroad for his own safety? During the Cold War and onward, it was American Embassies abroad that provided shelter and asylum to political victims. You can expect more leakers, and by focusing your response on arresting the messengers instead of changing your policies, you will in fact assure it as your legacy.



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    At the 2013 Ridenhour Prizes

    April 27, 2013 // 4 Comments »

    Nominated last year, I was just a happy guest this year at the 2013 Ridenhour Prizes.

    The Prizes recognize acts of truth-telling that protect the public interest, promote social justice or illuminate a more just vision of society. These prizes memorialize the spirit of fearless truth-telling that whistleblower and investigative journalist Ron Ridenhour reflected throughout his extraordinary life and career.

    I am very proud to have had the chance to stand by these men, pictured left to right: Matthew Hoh, Colonel Danny Davis and Thomas Drake. All three were previous Ridenhour Prize winners for Truth Telling. If you don’t know them, each name is worth a Google to learn more.



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    Radack, Drake Win Hugh Hefner First Amendment Award

    June 5, 2012 // 2 Comments »

    I am very pleased and proud that my attorney, Jesslyn Radack of the Government Accountability Project, and my friend and colleague Tom Drake, NSA Whistleblower, are the winners of this year’s Hugh M. Hefner Foundation First Amendment Awards. Radack and Drake are being acknowledged for their critical work exposing national security hypocrisy and abuses.

    The Hefner Foundation has given out the First Amendment Awards since 1980, honoring those who have made contributions to the protections afforded under the First Amendment. Radack and Drake join an impressive rank of winners, including the likes of Walter Karp, Studs Terkel, Cecile Richards, Michael Moore, John Seigenthaler, Bill Maher, and Molly Ivins.

    Tom Drake blew the whistle on fraud, waste and abuse within the NSA and was rewarded by being prosecuted under the Espionage Act, a tactic the Obama administration has now used six times against intelligence whistleblowers, more than all previous administrations combined. Radack, herself a Department of Justice whistleblower, represented Drake and played a vital role in winning his case in the court of public opinion.

    My congratulations to Jesslyn and Tom on the award, and here’s hoping that Jess soon adds a victory for free speech over the State Department in my own case to her impressive resume.



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    Loyalty Day: This is Just Plain Creepy

    May 6, 2012 // 3 Comments »

    Did you know that Obama and whatever passes for a Congress in these United States took a few moments out of celebrating the fact that bin Laden is still dead to re-declare May 1 “Loyalty Day”?

    Here’s the official statement:

    NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim May 1, 2012, as Loyalty Day. This Loyalty Day, I call upon all the people of the United States to join in support of this national observance, whether by displaying the flag of the United States or pledging allegiance to the Republic for which it stands.



    That is just plain creepy. It is an actual law, 36 USC § 115, which is even creepier.

    The history of this holiday adds to the creep factor like a pedophile at a cheerleaders camp. From the Veteran’s of Foreign Wars:

    Loyalty Day originally began as “Americanization Day” in 1921 as a counter to the Communists’ May 1 celebration of the Russian Revolution. On May 1, 1930, 10,000 VFW members staged a rally at New York’s Union Square to promote patriotism. Through a resolution adopted in 1949, May 1 evolved into Loyalty Day. Observances began in 1950 on April 28 and climaxed May 1 when more than five million people across the nation held rallies. In New York City, more than 100,000 people rallied for America. In 1958 Congress enacted Public Law 529 proclaiming Loyalty Day a permanent fixture on the nation’s calendar.


    So, as our nation rushes headlong into totalitarianism, it is good to know that Loyalty Day exists to protect us all from those filthy disloyal Americans who speak out, blow the whistle, stand up against torture and demand their First Amendment rights.

    We loyal Americans will stand quietly to the side, thank you. Now God bless.



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    AntiWar.com: Meet John Kiriakou

    January 31, 2012 // Comments Off on AntiWar.com: Meet John Kiriakou

    Antiwar.com tells the story of CIA officer John Kiriakou, indicted for leaking details of the Agency’s torture programs to the press.

    The bitter irony, the article points out, is that while Obama appears totally committed to stamping out government leaks about torture policy, he’s declined to pursue a similar course against those responsible for torturing prisoners in the first place. According to NSA whistleblower Thomas Drake:

    The Obama Administration is further criminalizing the exposure of the US’s own state sponsored and supported criminal behavior and activity — namely torture and in my case warrantless surveillance — while protecting and hiding from accountability those who authorized, approved, conducted and implemented the criminal behavior and activity under the cover and guile and guise of secrecy.

    The article quotes me:

    What is happening during the Obama administration— which has sought more prosecutions of it sown employees for “leaks” under the espionage act than any other— is a simultaneous classification of everything, coupled with a wicked hand to slap down anyone who “divulges” that info. If everything is classified than everyone in the government who speaks out is a spy.

    The hypocrisy of the government’s actions is made clear by attorney Jesselyn Radack:

    The fetid odor, the thing that really stinks about this case is that CIA officers had been immunized for committing waterboarding, for committing torture. Now, the only person being prosecuted in connection with torture is John Kiriakou, who blew the whistle on waterboarding being torture. And the only person to be prosecuted in connection with warrantless electronic surveillance is Tom Drake, a whistle-blower who blew the whistle on warrantless surveillance.

    An important article from Antiwar.com that gives a dark glimpse of America’s future. It deserves a wider audience. Better read it now, while you still can.



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    Posted in Democracy, NSA, Post-Constitution America

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