• Film Review: National Bird Looks Deeply in the Drone War’s Abyss

    May 6, 2016 // 5 Comments »

    national bird



    It is terrifying even in the quiet moments; it is most terrifying in the quietest moments.


    National Bird, a new documentary by filmmaker Sonia Kennebeck, co-produced with Errol Morris and Wim Wenders, is a deep, multilayered, look into America’s drone wars, a tactic which became a strategy which became a post-9/11 policy. To many in Iraq, Afghanistan and throughout the world, America’s new national symbol is not the bald eagle, but a gray shadow overhead armed with Hellfire missiles.

    The Silence

    Scattered throughout the documentary are silent images from drones and aerial cameras, sweeping, hypnotic vistas taken from above both Afghan villages and American suburbs. The message could not be more clear: the tools used over there can just as easily be used over here, not merely for surveillance (as is already happening in America) but perhaps one day soon to send violence down from the sky. Violence sudden, sharp, complete and anonymous.



    The Americans

    The anonymity of that violence comes at a price, in this case in the minds of the Americans who decide who lives and dies. National Bird presents three brave whistleblowers, two former uniformed Air Force veterans (Lisa Ling, Heather Linebaugh) and a former civilian intelligence analyst (Dan), people who have broken cover to tell the world what happens behind the scenes of the drone war. There are elements of “old hat” here, chilling in that we have grown used to hearing that drone strikes kill more innocents than terrorists, that the people who make war justify their actions by calling their victims hajjis and ragheads, that America draws often naive young people into its national security state on the false promises of hollow patriotism and turns them into assassins.

    Heather suffers from crippling PTSD. Lisa is compelled to travel to Afghanistan with a humanitarian group to reclaim part of her soul. Dan is in hiding as an Espionage Act investigation unfolds around him. A sobering side to this all is the presence of the whistleblowers’ attorney, Jesselyn Radack, who currently also helps defend Edward Snowden. Radack ties the actions of the drone whistleblowers into the larger post-9/11 narrative of retributive prosecutions and government attempts to hide the truth of America’s War on Terror from everyone but its victims.



    The Afghans

    The final layer of National Bird is what may be some of the first interviews with innocents who have suffered directly from drone attacks. The film interviews at length members of an Afghan extended family attacked from the air in a case of mistaken targeting even the Department of Defense now acknowledges.

    The family members speak six years after the fact as if still in shock. Here’s a boy who shows off his leg stump. Here’s a woman who lost her husband, the boy’s father, in the same attack. Here is another father discussing the loss of his own child. In a critical piece of storytelling, National Bird does not seek to trivialize the deaths in Afghanistan by weighing them against the psychological trauma suffered by the Americans, but rather shows the loss to everyone done in our names.

    National Bird is in limited film festival release, most recently at Tribeca in New York, before moving wider theatrical release in the U.S. this fall.



    (Full disclosure: Jesselyn Radack helped represent me in my own whistleblower fight against the U.S. Department of State in 2012)




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    Posted in Afghanistan

    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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    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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    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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    Military Court Ruling to Have Impact on Bradley Manning?

    July 5, 2013 // 9 Comments »




    A decision by the Court of Appeals for the Armed Forces, the military’s highest court, overturning a Marine’s murder conviction based on violations of the Fifth Amendment, may have positive implications for Bradley Manning. The Court held that the Marine’s being held in solitary confinement for seven days without access to a lawyer, after refusing to incriminate himself, made his subsequent statements invalid as his Fifth Amendment rights were violated. The technicalities differ, but the similarity between that Marine’s situation and Manning’s may prove significant.

    The facts in Marine Lawrence Hutchins’ case are clear. On patrol in Iraq in 2006, Hutchins ordered his squad to kidnap and execute in cold blood an Iraqi civilian, and then make it look like they had ambushed a high-value insurgent in a “good shoot.” The squad would be praised for its work in the war on terror. The truth came out, and Hutchins was arrested in Iraq. After he refused to talk to investigators and asked for a lawyer, Hutchins was instead locked into a shipping container for seven days and nights, denied the chance to contact a lawyer, and held under mind-numbing solitary conditions. After seven days of this, and still without a lawyer, Hutchins was asked to consent to a search of his belongings, and started to incriminate himself.


    The Court of Appeals ruled that Hutchin’s Fifth Amendment rights were stomped upon when the investigators, after a seven day solitary confinement softening up, spoke to him again with a lawyer.


    Former Navy officer David Glazier, now a professor at Loyola Law School in Los Angeles, said “Here this guy’s conviction is overturned on the basis that he was mistreated by the government during his initial apprehension, and yet he’s already served five years in prison. If the conviction was unjust in the first place, it’s kind of appalling it’s taken the military justice system five years to resolve it.”

    That leaves us with the question of Private Manning. The military held him for three years, much of the time without a lawyer, much of the time under overtly inhumane conditions. While we don’t know what statements Manning did or did not make prior to seeing a lawyer, or at what point if any he invoked his Fifth Amendment rights, one would think his current attorney would be reading the Hutchins’ decision word-by-word today.

    And hey, Bradley Manning did not murder anyone.

    BONUS: Whistleblower Jesslyn Radack’s firing from the Department of Justice was based in large part on her assertions that the so-called American Taliban, John Walker Lindh, was held under inhuman conditions, interrogated without a lawyer even after he requested one, and thus denied his Fifth Amendment rights. DOJ fired her, and threw Lindh and most of the Constitution into prison.



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    Posted in Afghanistan

    SILENCED: Documentary to Watch for in 2013

    December 19, 2012 // 5 Comments »

    Keep an eye out in 2013 for a new documentary film, SILENCED: Washington’s War on Whistleblowers.

    In addition to appearing in the film, I had the privilege of observing some of the other interviews. This is some pretty powerful stuff coming.



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    Government Dumps on First Amendment

    August 10, 2012 // 6 Comments »

    Jess Radack wrote this, with some added info in italics by me for ya’:

    The Washington Post has an article on how Daniel Carter Jr. was fired for “liking” a page on Facebook. This was not a pornographic, racist, or other prohibited website – it was a Facebook page for a candidate who was challenging his boss.

    This is just the tip of the iceberg of workplace free speech rights. I represent a client, State Department whsitleblower Peter Van Buren, who was not only prohibited from using any social media – on his own time, on his personal computer – but the State was actively monitoring anything he did: blog, Tweet, update his status of Facebook, etc. (here’s the letter the State Department compelled me to sign acknowledging they would be violating my First Amendment rights)

    Both Carter and Van Buren’s behavior is protected free speech (the ACLU aggressively defended my First Amendment rights in front of the State Department).

    Carter filed a lawsuit claiming that his First Amendment rights had been violated, which is now before the U.S. Court of Appeals for the 4th Circuit. Both Mr. Carter and Mr. Van Buren’s “speech” raise substantial constitutional questions and create the appearance of impermissible retaliation for their criticism – Carter’s so tacit that you can’t even call it “criticism,” and Van Buren’s more open – of the head of the sheriff’s department and the State Department, respectively.

    The Supreme Court has made clear (Pickering v. Bd. or Educ., 1960 and its progeny) that public employees are protected by the First Amendment when they engage in speech about matters of public concern. These rights can be overcome only if the employee’s interest in the speech is outweighed by the government’s interest in the orderly operation of the public workplace and the efficient delivery of public services by public employees.

    The Supreme Court has also held that public employees retain their First Amendment rights when speaking about issues directly related to their employment, as long as they are speaking as private citizens (Garcetti v. Ceballos, 2006). It is clear in both these cases that both Mr. Carter and Mr. Van Buren were “speaking” in their own voice and not on behalf of the local Police Department or the federal State Department.

    (The State Department is the most aggressive violator of social media Free Speech rights of employees in the Federal sphere)

    If the lower court’s ruling that “liking” a page does not warrant protection because it does not involve “actual statements” is upheld, a plethora of Web-based actions – from clicking ‘like” on Facebook to re-tweeting something – won’t be protected as free speech.

    The Hampton, Virginia sheriff’s actions and the State Department’s actions are unconstitutional. Carter and Van Buren used various computer technologies to communicate matters of public concern – in Carter’s case, who is to be elected Sheriff, and in Van Buren’s case, the reconstruction effort in Iraq.

    As new technologies emerge daily, the law struggles to keep apace, but the First Amendment must be interpreted to protect these new modalities of communicating. As the ACLU points out:

    Pressing a ‘like’ button is analogous to other forms of speech, such as putting a button on your shirt with a candidate’s name on it.


    Jesselyn Radack is National Security & Human Rights Director for the Government Accountability Project, the nation’s leading whistleblower protection and advocacy organization.



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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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    Salon: The Man the State Department Wants Silenced

    April 18, 2012 // 2 Comments »

    (This story originally appeared on Salon. It was written by Jesselyn Radack, filling in for Glenn Greenwald)


    Today, I’m not writing about the Espionage Act being used to chill journalists and whistleblowers, but something equally as troubling: the assault on whistleblowers’ First Amendment rights, illustrated by the creepy case of Peter Van Buren.

    Van Buren is a Foreign Service Officer with the State Department who wrote a book critical of U.S. reconstruction projects in Iraq, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. He also maintains a personal blog at www.wemeantwell.com. A 23-year veteran of the State Department, Mr. Van Buren began to experience a series of adverse personnel actions a month before the publication of his book, which are ongoing today. These actions include suspension of his security clearance, confiscation of his Diplomatic Passport, being placed on administrative leave, being banned from the State Department building, losing access to his State Department computer, and being reassigned to a makeshift telework position better suited for a high schooler.

    The State Department cleared Mr. Van Buren’s book by default because State exceeded its own 30-day deadline by nearly a year. Now the State Department is retaliating against him viciously for his book by taking adverse personnel actions — ostensibly based on not seeking pre-publication review for his blogs and live media appearances, done on his personal time — which are being used as a pretext to punish him for his book.

    Even more disturbingly, the State Department admits that it is actively monitoring Mr. Van Buren’s blogs, Tweets and Facebook updates that he posts during his private time on his personal home computer.

    Read that sentence again to absorb its full impact.

    All government employees should be alarmed by this. Peter Van Buren’s book dovetailed with WikiLeaks’ bursting onto the world scene, and the government’s assault on whistleblowers with the full force of the entire Executive branch.

    The WikiLeaks Edicts Transmogrify into Censorship

    This slippery slope, which has now turned into a sheet of ice, began with the State Department announcement on November 26, 2010, that Department officials are authorized to view WikiLeaks documents for “legitimate work reasons . . . using either the Department’s unclassified computer network (OpenNet) and associated peripheral devices or home computers.” No problem there.

    But less than three weeks later, State almost completely reversed itself, instructing the Directors of the Bureau of Consular Affairs/Passport Services (CA/PPT)—whose self-described mission is to “contribute significantly to the USG goal of promoting international exchange and understanding . . . [and] to help American citizens engage the world”—that “PPT employees shall not access any classified documents, including ‘Wikileaks documents’, during business hours or on their personal time.” (Scare quotes in original.)

    A year later, Mr. Van Buren received his very own, personalized Orwellian directive from the State Department: “[Y]ou must comply fully with applicable policies and regulations regarding official clearance of public speeches, writings and teaching materials, including blogs, Tweets and other communications via social media, on matters of official concern, whether prepared in an official or private capacity.”

    As a former government employee who was subject to horrible surveillance and monitoring for blowing the whistle (described in my new book for which Glenn Greenwald wrote the Foreword, I find it outrageous that a public servant is being told that his personal blogs, Tweets, and Facebook updates done on his own time in his personal capacity must go through pre-publication review. Moreover, in Mr. Van Buren’s case, this special pre-clearance requirement is being applied only to him and to things not capable of pre-publication review, such as live radio broadcasts.

    These actions are a transparent attempt to retaliate against Mr. Van Buren for his book—by trying to impose bureaucratic and constitutionally-questionable prior restraints on his blogs and media interviews (even though the latter have been live), evidenced by the facts that 1) Mr. Van Buren is being subject to disparate treatment (hundreds of State Department blogs flow out onto the Internet uncleared); 2) the State Department links to uncleared blogs it likes; 3) none of Mr. Van Buren’s writing or speaking has contained classified orpersonally identifiable information; 4) all his written works (including his book) contain the State Department disclaimer that they do not represent the views of the government; and 5) he has never misrepresented himself as an official spokesman for the State Department (instead, he speaks in the first person and uses bland designators such as “Author”). Mr. Van Buren’s style of writing and speaking is clearly identifiable as in his own “voice” and is dramatically dissimilar to the official, wooden style used by the State Department in its own messaging. Moreover, Mr. Van Buren does not use other official symbols that might potentially confuse an audience. Finalloy, the State Department never argued, until after Mr. Van Buren went to the U.S. Office of Special Counsel, which adjudicates whistleblower complaints, that Mr. Van Buren’s book or writings have disrupted normal State Department operations or affected the agency’s operational efficiency, the legal standard for when an employee has crossed the First Amendment line.

    Death by a Thousand Paper Cuts: The Slow Immolation of a Whistleblower

    On September 7, 2010, Mr. Van Buren submitted his book manuscript for pre-publication review. It disclosed numerous examples of rampant reconstruction fraud in Iraq. Mr. Van Buren submitted his manuscript to the State Department’s Bureau of Public Affairs (PA) in accordance with 3 Foreign Affairs Manual (“FAM”) 4170, which governs official clearance of speaking, writing, and teaching. It specifically requires pre-clearance for any speech or writing on “matters of official concern.” The Supreme Court held that an earlier version of the State Department’s pre-publication review scheme was valid in a case called Weaver. However, the current regulation is outdated, vague and overbroad, defining “matters of official concern” as matters that “relate to any policy, program, or operation of the employee’s agency or to current U.S. foreign policies, or reasonably may be expected to affect the foreign relations of the United States.” Matters that relate to U.S. foreign policies can be just about anything. Also, Weaver was decided years prior to the advent of social media, and such a requirement on new media is more constitutionally-questionable than when applied to traditional publications.

    The State Department defaulted on pre-publication review according to its own 30-day deadline. A month before the book was published, the State Department commenced a series of retaliatory actions that continue today.

    A couple weeks before Mr. Van Buren’s book was published, the State Department’s Diplomatic Security (DS) interviewed Mr. Van Buren on a “voluntary basis.” DS asked Mr. Van Buren about his forthcoming book and a blog he posted on August 25, 2011. (Mr. Van Buren had been blogging without incident since April 2011 and the questions regarding his blog post were clearly a pretext to interrogate him about his book and intimidate him from promoting it.)

    The week before his book’s publication, DS interrogated Mr. Van Buren on a “compelled basis” regarding his book and the August 25, 2011 blog post. As to the book, DS grilled him about the details of the publishing contract, including how much of an advance he received and to whom, if anyone, he donated the proceeds. (If you listen closely, you can hear government strains of “material support for terrorism” lurking in the background.) As to the blog, DS wanted to know who had helped him with his blog and told him that every blog, Facebook update, and Tweet by State Department employees had to be pre-cleared by the Department prior to posting. DS told Mr. Van Buren that refusal to answer their questions could lead to his firing. They also warned him against writing about the interrogation, saying he could be charged with interfering with a government investigation if he did so.

    After his book had been shipped to bookstores, the Bureau of Public Affairs wrote to his publisher stating that “its circulation and publicizing have been done without authorization” and that “[t]he Department has recently concluded that two pages of the book manuscript we have seen contain unauthorized disclosures of classified information.” Although the State Department tacitly admitted (with the word “recently”) that its designated period for pre-publication review had expired, this fax constituted a direct threat of discipline because unauthorized disclosure of classified information is both a regulatory infraction and a criminal felony that can carry up to 10 years in prison under . . . wait for it . . . part of the Espionage Act, the government’s new favorite tool to use against whistleblowers.

    When criminal threats failed, the State Department confiscated Mr. Van Buren’s Diplomatic Passport and suspended the Top Secret security clearance he had held continually since 1988 (by suspending, rather than revoking his security clearance, the State Department made it impossible to challenge.) He was issued a workday-only limited-access badge so that he could continue his unclassified work.

    It was not long, however, until Mr. Van Buren was placed on paid administrative leave, on which he remained for nearly two months with no job duties or assignment. His access card was confiscated by Human Resources (HR), and he was banned from entering any State Department facility or accessing any State Department computer. (No reason was given for banning Mr. Van Buren from State Department facilities, and no regulation was cited justifying HR in doing so.) The State Department ended the job assignment that Mr. Van Buren had served in for over a year (with the Board of Examiners for the Foreign Service) because “You have been counseled repeatedly regarding your 3 FAM 4170 obligation to submit writings and media appearances for review when they pertain to matters of official concern.” This is disparate treatment because numerous Foreign Service Officers maintain blogs and post Facebook updates about matters of official concern without pre-clearance. Moreover, it is impossible to pre-clear the content of live media appearances before they occur.

    At the end of 2011, the State Department informed Mr. Van Buren that he would be “teleworking,” and forced him to sign an unprecedented “Compliance Letter” as a condition of employment, referenced above: “[Y]ou must comply fully with applicable policies and regulations regarding official clearance of public speeches, writings and teaching materials,including blogs, Tweets and other communications via social media, on matters of official concern, whether prepared in an official or private capacity.”

    Long story short, Mr. Van Buren continued to exercise his First Amendment rights to blog, Tweet, speak, and use Facebook. And he continued to be jacked up over things that would be laughable if they were not so serious, like blogs that were sarcastic or pure parody.

    The end is so cliché: the State Department has now proposed removing (bureaucratese for “firing”) Mr. Van Buren, a mere six months before his already-announced retirement date.

    We can only hope that the government’s attempts at prior restraint and blatant censorship don’t become cliché.



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    Posted in Afghanistan

    Interview: Talking Back to Power

    March 19, 2012 // Comments Off on Interview: Talking Back to Power

    I joined Jess Radack of the Government Accountability Project (GAP) on the Alyona Show to talk about the government’s war on whistleblowers, how free speech may be an export item for the US, but is not wanted at home when it criticizes our own government.

    (If the video is not showing above, please follow this link to view it)



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    State Department Moves to Fire Me

    March 17, 2012 // 3 Comments »

    The following story appeared in the Washington Post:

    Peter Van Buren, a foreign service officer who wrote an unflattering book about his year leading two reconstruction teams in Iraq, was stripped of his security clearance, banned from State Department headquarters for a time and transferred to a telework job that consists of copying Internet addresses into a file.

    Now the State Department is moving to fire him based on eight charges, ranging from linking on his blog to documents on the whistleblowing site WikiLeaks to disclosing classified information.

    In 24 years as a diplomat, Van Buren was posted around the world and speaks four languages. He called the termination notice he received Friday the coup de grace in a series of blows he received since his book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People was published last fall.

    With his book, based on a year he spent in the Iraqi desert in 2009-2010, and an unauthorized blog he started in 2011 that frequently skewers American foreign policy, Van Buren has tested the First Amendment almost daily.

    He and his attorneys maintain that his right to free speech has been trampled, and they say he is a victim of retaliation for whistleblowing— not only because his account of the reconstruction effort alleges unqualified staff, corruption and billions of dollars in wasted programs.

    A State Department spokesman said the diplomat’s claims of retaliation are “without merit.”

    “There are protections within the government for freedom of expression and for whistleblowers,” spokesman Mark C. Toner said. “The State Department has followed process and acted in accordance with the law.”

    Van Buren’s termination letter came within days of a decision by the Office of Special Counsel, an independent agency that investigates government wrongdoing and complaints of retaliation by those who report it, to look into his case.

    “It’s hard for me to objectively look at this as anything other than revenge and vindictiveness,” Van Buren said from his house in Falls Church.

    Jesselyn Radack, National Security and Human Rights director for the Government Accountability Project, which represents Van Buren, said: “It’s awfully curious timing, given the Office of Special Counsel complaint.”

    He’s one of few federal employees —and maybe the only one at the State Department—who wrote a book about life on the job while still on the job.

    Van Buren can appeal his termination to a five-member grievance board at the agency. “It’s the beginning of a process,” Toner said. “He’ll have ample opportunity to defend himself.”

    He was charged with eight violations of State Department policy. They include linking in his blog to documents on WikiLeaks; failing to clear each blog posting with his bosses; displaying a “lack of candor” during interviews with diplomatic security officers; leaking allegedly sensitive and classified information in his book; and using “bad judgement’ by criticizing Secretary of State Hillary Clinton and then-presidential candidate Michelle Bachmann on his blog.

    Van Buren disputes some of the charges, and says others were within his First Amendment rights.

    Van Buren submitted his book manuscript to State Department officials for review in the fall of 2010. He heard nothing after 30 days, when the rules require reviews to be completed. When he heard nothing, he said, he assumed the book had been approved.

    Shortly before it was due out last fall, the State Department wrote to the publisher and objected to three brief passages in the book officials claimed contained classified information. Van Buren says the information is widely known— such as the Central Intelligence Agency’s financial support for Iraqi intelligence agencies.

    In an Oct. 21 blog post headlined “Hillary Clinton Disgraces America,” Van Buren called a “disgrace” a comment the Secretary of State made to a journalist after the death of Moammar Gaddafi. “We came, we saw, he died,” Clinton tells a CBS News reporter in a video clip he posted on his blog, showing her laughing.

    Van Buren made references to Clinton’s private parts that he later removed from the posting. According to a report by the State Department, the agency put him on a watch list for the Secret Service and identified him to Clinton’s own security details as a potential threat.

    “I’m a chubby 52-year-old,” Van Buren said. “I’ve never threatened anybody in my life. It’s a cheap shot.”

    He called Bachmann a “Republican crazy person” in a blog post three days after the Clinton posting for saying Iraqis should reimburse the American government for its costs to “liberate” them.

    The charges against him are based on a 25-page investigation of Van Buren that the State Department concluded last December. He said he was not aware of the probe until the report was provided to him with his termination notice.

    Last fall, he announced plans to retire next year. He said he plans to challenge his termination.



    (Note: For those interested and/or concerned, I am still technically employed by the State Department, for now, as my lawyers and I fight back against what is crude retaliation and blatant disregard for the First Amendment. For the record, the State Department’s statement that they “followed process and acted in accordance with the law” ranks with the more hilarious things ever said within Foggy Bottom. Also, unicorns fly out of my ears.

    For the record, as the Washington Post claims, I must admit that I am a bit chubby but I am trying to lose some weight, maybe via stress.)



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    Posted in Afghanistan

    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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