• U.S. Blocks Former British Ambassador From Entering America to Honor CIA Whistleblower

    September 5, 2016 // 24 Comments »

    craig murray



    The United States over the weekend denied travel to a former British ambassador, Craig Murray, who was also a British diplomat for some 30 years, and is the author of several books.

    Murray has stood twice for election to the House of Commons. He was “honored” by being thrown out of Uzbekistan by its repressive government after risking his life to expose appalling human rights abuses there. He is not a terrorist and is not a social media jihadi. He has no criminal record, no connection to drug smuggling, and does have a return ticket, a hotel reservation and ample funds to cover his expenses.

    He is however seen as a threat to the United States.

    Ambassador Murray was headed to the U.S. this week to be Master of Ceremonies at an award ceremony honoring John Kiriakou, the CIA torture whistleblower. Kiriakou was the only U.S. government official to go to jail in connection with the torture program, and all he did was help expose it to the media. The event is sponsored by Sam Adams Associates for Integrity in Intelligence (of which I am a member.)

    Murray has also spoken in support of Wikileaks’ Julian Assange. Hmm. Might have something to do with this visa problem.

    No one has told Murray why he cannot travel to the U.S., though he has been here numerous times over the past 38 years. Murray learned of his travel bar when applying for the online clearance the U.S. requires of all “visa free” travelers. Murray was electronically informed to contact the State Department to see if he might qualify otherwise.

    Ambassador Murray was stopped by what the State Department and Homeland Security calls “a hit.”

    What happens is dozens of American intelligence agencies pour names into a vast database, which includes everyone from Osama bin Laden (his name has allegedly never been removed in some sort of reverse tribute) to the latest ISIS thug to all sorts of others who have little or no actual reason to be there, such as Murray.

    The likely salient part of the database in Murray’s case is called CLASS, part of the Consular Consolidated Database. It is the largest known data warehouse in the world. As of December 2009, the last time information was available, it contained over 100 million cases and 75 million photographs, and has a current growth rate of approximately 35,000 records per day.

    When one of those persons labeled a bad guy applies for entry or a visa to the U.S., the computer generates a hit. A hit is enough to deny anyone a visa-free trip to the U.S. with no further questions asked and no information given. Technically, the traveler never even officially knows he was “a hit.”

    Bang, you’re dead.


    If Murray chooses to follow the process through and formally applies for a visa to the United States, the State Department in London will only then examine the hit. In 99.9999 percent of the cases, all the State Department official will see in their computer is a code that says “Contact Washington,” officially a Security Advisory Opinion, or SAO.

    The State person abroad will most often have no idea why they are refusing to issue a visa, just that they can’t. They sign their name to a blank check of a refusal. They make a potentially life-altering decision about someone with no idea what the evidence against them, if any, is. The traveler of course has no chance to rebut or clarify, because they too have no idea what is being held against them. There is no substantive appeal process and of course everything in the files is likely classified.

    The “contact Washington” message triggers a namecheck process in DC that rumbles around the intelligence community looking for someone who knows why the U.S. government wants to keep Murray out of the United States next week. That process can take anywhere from weeks to forever, and taking forever is one strategy the U.S. uses when it just wants some troublesome person to go away. For politically motivated cases such as Murray’s, that is what is most likely to happen: not much. Murray may thus never learn why he cannot travel to the United States.

    That is what free speech (and free speech covers not only what people say, but what people, Americans in this case, in America may choose to listen to) is about in 2016.

    America is now afraid of people like Ambassador Craig Murray.


    BONUS: Murray has only been denied travel to one other country, Uzbekistan. Such is the company America now keeps.


    MORE BONUS: Those who think this is the first time the U.S. has used a visa denial to stop free speech, please see the case of scholar Tariq Ramadan, denied the opportunity to teach at Notre Dame. There have been many more such cases, albeit less mediagenic. This is policy now for America, not an exception.






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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    Hillary Clinton Emailed Names of U.S. Intelligence Officials, Unclassified

    June 6, 2016 // 15 Comments »

    clinton

    These are facts.

    You can look at the source documents yourself. This is not opinion, conjecture, or rumor. Hillary Clinton transmitted the names of American intelligence officials via her unclassified email.

    From a series of Clinton emails, numerous names were redacted in the State Department releases with the classification code “B3 CIA PERS/ORG,” a highly specialized classification that means the information, if released, would violate the Central Intelligence Act of 1949 by exposing the names of CIA officials.



    How FOIA Works

    The Freedom of information Act (FOIA) requires the government to release all, or all parts of a document, that do not fall under a specific set of allowed exemptions. If information cannot be excluded, it must be released. If some part of a document can be redacted to allow the rest of the document to be released, then that is what must be done. Each redaction must be justified by citing a specific reason for exclusion.

    But don’t believe me. Instead, look at page two of this State Department document which lists the exemptions.

    Note specifically the different types of “(b)(3)” redactions, including “CIA PERS/ORG.” As common sense would dictate, the government will not release the names of CIA employees via the FOIA process. It would — literally — be against the law. What law? Depending on the nature of the individual’s job at CIA, National Security Act of 1947, the CIA Act of 1949, various laws that govern undercover/clandestine CIA officers and, potentially, the Espionage Act of 1917.



    Names of CIA, NSA Officials Mentioned, Now Redacted

    Yet Hillary’s emails contain at least three separate, specific instances where she mentioned in an unclassified email transmitted across the open Internet and wirelessly to her Blackberry the names of CIA personnel. Here they are. Look for the term “(b)(3) CIA PERS/ORG” Click on the links and see for yourself:

    CIA One

    CIA Two

    CIA Three

    There are also numerous instances of exposure of the names and/or email addresses of NSA employees (“B3 NSA”); see page 23 inside this longer PDF document.



    Why It Matters

    — These redactions point directly to violations of specific laws. It is not a “mistake” or minor rule breaking.

    — These redactions strongly suggest that the Espionage Act’s standard of mishandling national defense information through “gross negligence” may have been met by Clinton.

    — There is no ambiguity in this information, no possible claims to faux-retroactive classification, not knowing, information not being labeled, etc. Clinton and her staff know that one cannot mention CIA names in open communications. It is one of the most basic tenets taught and exercised inside the government. One protects one’s colleagues.

    — Exposing these names can directly endanger the lives of the officials. It can endanger the lives of the foreigners they interacted with after a foreign government learns one of their citizens was talking with the CIA. It can blow covers and ruin sensitive clandestine operations. It can reveal to anyone listening in on this unclassified communication sources and methods. Here is a specific example of how Clinton likely compromised security.

    — These redactions show complete contempt on Clinton’s part for the security process.



    BONUS: There is clear precedent for others going to jail for exposing CIA names. Read the story of John Kiriakou.

    A Personal Aside: I just remain incredulous about these revelations seeming to mean nothing to the world. They’re treated in the media as almost gossip.



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    Who Asked for Leniency for Petraeus for Leaking Classified Material? It’s Classified

    April 30, 2015 // 13 Comments »

    Petraeus Resigns

    Sluts all.

    After selling America a bill of goods that he claimed won Iraq War 2.0 (i.e., “The Surge,” yeah, how’d that work out Dave?), General Dave went on to head the CIA, where he strongly supported long prison terms for whistleblowers like Chelsea Manning and John Kiriakou, claiming in the latter case that secrecy oaths “do matter.”

    Then of course when it became his turn, General Dave happily handed over higher classified data than either Manning or Kiriakou even had access to, all to his adulterous lover and so-called biographer, Paula Broadwell. How’s that for a two-fer, violating both his oath of secrecy and his oath of marriage in one soggy gesture?

    But this is America, where justice is blind and all. Right?

    So when when David Petraeus was sentenced last week to a mere two years of probation and a fine that is only a fraction of what he gets paid to make a speech these days, questions were asked. Why did Petraeus get off, so to speak, so easily?

    Apart from the general sleaze in Washington DC, U.S. Magistrate Judge David Keesler said as part of the plea deal he received letters supporting leniency for the general. In fact, Keesler received nearly three dozen such letters, including some from “high-level military and government officials.”

    “The letters paint a portrait of a man considered among the finest military leaders of his generation who also has committed a grave but very uncharacteristic error in judgment,” Keesler said at the sentencing hearing.

    It might be interesting to see who in Washington supported a confessed leaker of highly-classified documents. But despite Petraeus’ light sentence being based in part on those letters, no one can see them. The letters were filed under seal by Petraeus’ lawyers, which the judge agreed to. No explanation was given by the lawyers or the judge about what public interest was served by keeping the authors and the contents of the support letters hidden.

    Several media outlets, from The Associated Press to The Washington Post, filed suit Monday with Keesler demanding that he unseal them. But unless the judge is also sleeping with Paula Broadwell (who, by the way, was never charged with unlawfully receiving classified documents) and also, um, leaks, we may never know.



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    Let’s All Do Something Useful Today: Write to Manning and Kiriakou

    January 6, 2015 // 3 Comments »

    Let’s all do something useful today. Call it a New Year’s Resolution.

    Prison sucks. Being in prison because you blew the whistle on our government sucks harder. Getting a letter makes it suck less.

    So if you want to do something good today, write a short letter to one of these guys. It need not be anything more than good wishes, or just introducing yourself as a supporter (if you can’t say anything nice, go post your bile somewhere else).

    You should assume what you write will be reviewed by prison authorities, so don’t write anything that could conceivable cause trouble or harm for the guy you’re trying to support.

    Both prisoners receive a lot of mail. Understand that they may face restrictions on how many letters they can receive each day, and are often restricted in how many they can send out. So, you may not get a reply, or it may take awhile. The point is to send something today to them.

    You must address the letter EXACTLY as shown below. You cannot change “Bradley” to “Chelsea,” for example.


    Bradley E. Manning
    89289
    1300 N. Warehouse Road
    Fort Leavenworth, Kansas
    66027-2304

    I have been unable to locate information on what can and cannot be sent to Manning, so until/unless you know more, best to stick with short letters and no enclosures.

    John Kiriakou
    79637-083
    Federal Correctional Institution
    Loretto, P.O. Box 1000
    Loretto, PA 15940

    John is permitted to receive mail from anyone, and soft cover books and magazines only from individuals. Hard cover books may be received if sent directly from a publisher, a bookstore or Amazon.com.

    BONUS: Info on conditions in Leavenworth. I have seen the place (from the outside), and it is grim– heavy, Gothic castle in appearance.

    The photo is of John and me at his going-away party before prison. That’s the White House in the background. The location was chosen because we look down on criminals.




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    Posted in Democracy, Embassy/State, Post-Constitution America

    Torture and the Myth of Never Again: The Persecution of John Kiriakou

    December 11, 2014 // 8 Comments »

    johnkiriakou

    No one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.


    In a Galaxy Far, Far Away

    The United States sanctioned acts of torture by the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors who went to jail is former CIA officer John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou alleged that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claimed the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges resulted from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou was accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    The real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. In the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.

    Facing decades away from his family and young children, Kiriakou agreed to a plea bargain and is still in prison serving a 30-month sentence.


    Never Again

    For years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters.

    Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watched what happening to John Kiriakou and thought: not me, I’m not sticking my neck out to see it get chopped off. They’re almost pathetically forgivable, even if they are placing their own self-interest above that of their country.

    But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that hunted down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.




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    Posted in Democracy, Embassy/State, Post-Constitution America

    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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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    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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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    John Kiriakou, Scooter Libby and the Myth of Justice

    January 28, 2013 // 23 Comments »

    John Kiriakou, a former CIA officer, pleaded guilty to leaking the identity of one of the agency’s covert operatives to a reporter and was sentenced on January 24, 2013 to two and a half years in prison. As part of a plea deal, prosecutors dropped charges that had been filed under the World War I-era Espionage Act.

    District Judge Leonie Brinkema noted the two and a half-year term was identical to that imposed on Scooter Libby, the chief of staff to former Vice President Dick Cheney. Libby was convicted of leaking the covert identity of CIA operative Valerie Plame in a politically-motivated attack on her husband in the run-up to the invasion of Iraq. Libby’s sentence was commuted by President George W. Bush to zero, while Kiriakou will be required to serve his full time.

    In an America where the same crime is treated ever so differently– leak a name to help George W. Bush and get a reprieve, leak a name to expose torture and go to jail– Kiriakou’s story is worth repeating today.


    In a Galaxy Far, Far Away

    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is staring down a long tunnel of 30 months in jail because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” laid out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.


    John Kiriakou maintains a personal web page, which includes information on how to donate to his legal expenses fund if you so wish.

    Kiriakou, alongside whistleblowers such as Tom Drake and myself, appears in the upcoming documentary SILENCED, now in production. The film explores the steep personal price paid by those who challenge national security policy in post 9-11 America.



    Originally published September 11, 2012 on TomDispatch.com, with updates on John’s sentencing.



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    Torture and the Myth of Never Again: The Persecution of John Kiriakou

    October 24, 2012 // 19 Comments »

    Originally published September 11, 2012 on TomDispatch.com

    John Kiriakou, a former CIA officer, pleaded guilty October 23, 2012 to leaking the identity of one of the agency’s covert operatives to a reporter and will be sentenced to more than two years in prison. As part of a plea deal, prosecutors dropped charges that had been filed under the World War I-era Espionage Act. They also dropped a count of making false statements.

    Under the plea, all sides agreed to a prison term of 2 1/2 years. U.S. District Judge Leonie Brinkema noted the term was identical to that imposed on Scooter Libby, the chief of staff to former Vice President Dick Cheney. Libby was convicted in a case where he was accused of leaking information that compromised the covert identity of CIA operative Valerie Plame, though Libby’s sentence was commuted by then-President George W. Bush.


    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.


    In a Galaxy Far, Far Away

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is 48. He is staring down a long tunnel at a potential sentence of up to 45 years in prison because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” lays out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.




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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    Torture and the Myth of Never Again

    September 23, 2012 // 5 Comments »

    This article originally appeared on TomDispatch, HuffPo, Salon, the Nation and other sites on 9/11/12.

    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.


    In a Galaxy Far, Far Away

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is 48. He is staring down a long tunnel at a potential sentence of up to 45 years in prison because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” lays out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.


    [Note to Readers: What’s next for Kiriakou? The District Court for the Eastern District of Virginia will begin Classified Information Procedures Act hearings in his case on September 12. These hearings, which are closed to the public, will last until October 30 and will determine what classified information will be permitted during trial. Kiriakou has pled “not guilty” to all charges and is preparing to go to trial on November 26.]



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Embassy/State, Post-Constitution America

    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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    Posted in Democracy, Embassy/State, Post-Constitution America

    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, Embassy/State, Post-Constitution America