The Latest Attempt By The Obama Administration To Punish Whistleblowers
from the thomas-drake,-part-II dept
Earlier this year, we noted Daniel Ellsberg's comments about how very few people realized that President Obama -- a man who ran on a platform of transparency and who has repeatedly said he supports whistleblowing efforts -- has been the most aggressive President ever in trying to punish whistleblowers. He pointed out that President Obama has brought more indictments for leaking info than all other presidents combined. And it's resulted in absolutely ridiculous prosecutions like the Thomas Drake affair, which finally collapsed after it became clear that the feds were merely being vindictive against Drake for his whistleblowing activities, rather than finding any actual case of espionage.Now we have the sequel to the Drake situation, with much higher stakes in some ways. Conor Friedersdorf has a story at The Atlantic, about the administration's efforts to put reporter James Risen in jail. The full story is a worth a read, but it's pretty ridiculous. Risen is famous for exposing the Bush administrations warrantless wiretapping regime, as well as a few other clearly illegal programs. He so infuriated the Bush administration that Dick Cheney wanted to put him in jail... but realized there was no legitimate way to do so.
Along comes President Barack Obama. Part of Obama's campaign was actually built off of the information that Risen exposed:
You'd think that President Obama would take a different view. After all, he might not be in the White House today if the Bush Administration would've succeeded in keeping all its secrets: the torture, the detainee deaths, the abuses at Abu Ghraib, the spying on Americans, the faulty pre-war intelligence in Iraq, and all the rest. One would expect Obama of all people to see the value in Risen's reporting - the real ways in which he has helped to preserve civil liberties, American freedom, and accountability in government - and to weigh that against the national security implications of reporting in 2006 on a bungled CIA effort that happened way back in the year 2000.You'd think. Instead, we get the opposite. The Obama administration has come down even harder on Risen than the Bush administration did, and is now threatening him with jail for not exposing his sources for some of his stories. This showdown may come soon, as a judge has indicated that she may require Risen to give up his sources. As Glenn Greenwald has noted, this whole thing seems to be a part of the "climate of fear" that was certainly present among the previous administration, but which has ratcheted up dramatically with the current administration. The key "fear" element is to make it known to both insiders who leak and reporters who publish those stories, that they could face jail time, even as the administration claims that it's encouraging whistleblowing.
Ellsberg speculated that President Obama's reason for being so much more aggressive on these issues was one of embarrassment . That is, the President recognizes that the federal government is doing all sorts of questionable stuff -- the type of stuff he actively campaigned against -- and is embarrassed by it. But since he (for whatever reason) is unable to put a stop to it, he's trying to do the next best thing: which is threaten and or punish anyone who might reveal what's being done. I'm not sure I buy that theory, but either way the situation is clearly troubling, and completely counter to the image that Obama has tried to portray of openness and transparency, and a willingness to respond directly to critics rather than punish them.
If you're concerned about freedom of speech and freedom of the press, this story should concern you. If you believe in the importance of whistleblowers to keep governments accountable when they do things like break the clear letter and intent of the law, this story should concern you. Tragically, however, it's not getting very much attention at all.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: free speech, james risen, thomas drake, whistleblowing
Reader Comments
Subscribe: RSS
View by: Time | Thread
Don't forget that all the leaks were about the Bush administration.
[ link to this | view in chronology ]
Re: Don't forget that all the leaks were about the Bush administration.
[ link to this | view in chronology ]
Re: Re: Don't forget that all the leaks were about the Bush administration.
[ link to this | view in chronology ]
Re: Re: Re: Don't forget that all the leaks were about the Bush administration.
[ link to this | view in chronology ]
Re: Don't forget that all the leaks were about the Bush administration.
[ link to this | view in chronology ]
Why...
[ link to this | view in chronology ]
Re: Why...
the whole point in 'representative democracy', including the USA's utter bastardization of the concept, is stability. based on a myth. to cease even pretending to believe the myth is to undermine the entire structure.
....
i don't see that as a bad thing.
[ link to this | view in chronology ]
Obama
Seems to me it works pretty well for Barak Obama too.
[ link to this | view in chronology ]
Re: Obama
Before anyone goes postal on me, I'm not saying Obama is the next Hitler, but there are some definite parallels. Remember, Hitler was beloved by most of the world right up until he started that little fracas in Europe.
[ link to this | view in chronology ]
Re: Re: Obama
Are you out of your fucking mind?
[ link to this | view in chronology ]
Zeropaid is covering in great detail on the hacks others are doing to networks.
LuLSec may be gone but, by the looks of it, those people are in for a world of hurt.
Some people are no longer waiting for things to correct themselves they are actually getting very actively on the front.
The Obama administration probably will try to crack on that.
The more governments try to hide, there more hopefully they get exposed.
[ link to this | view in chronology ]
Re:
http://www.zerohedge.com/article/obama-campaign-website-hacked-or-who-needs-marx-when-you-have-c ommy-sic-obama
[ link to this | view in chronology ]
He lied?
[ link to this | view in chronology ]
Welcome To Al-Meriqa
[ link to this | view in chronology ]
Already turning into sheer anti-Obama, as I tried to forestall...
Oh, and NO, I didn't in the least support Clinton. They've ALL definitely been utterly corrupt since Reagan, whom I believe was the last basically decent, though his vice-president GHW Bush, Rumsfeld, and others were doing their damndest to get the fascism in place.
[ link to this | view in chronology ]
Re: Already turning into sheer anti-Obama, as I tried to forestall...
You realize this man and his administration lied to Congress about funding, training, and arming the mujahideen. You know...the group who later became al-Qaeda? They even named it after him - the Reagan Doctrine.
Yeah. Decent. Right.
[ link to this | view in chronology ]
Re: Re: Already turning into sheer anti-Obama, as I tried to forestall...
[ link to this | view in chronology ]
Re: Re: Re: Already turning into sheer anti-Obama, as I tried to forestall...
[ link to this | view in chronology ]
Re: Re: Re: Re: Already turning into sheer anti-Obama, as I tried to forestall...
I do remember working 16 hours a day for a year.
It is not fun and you end up sleeping anywhere you seat down.
[ link to this | view in chronology ]
Re: Already turning into sheer anti-Obama, as I tried to forestall...
[ link to this | view in chronology ]
Re: Already turning into sheer anti-Obama, as I tried to forestall...
What people need is to change how they do things, we voted and used to let them decide for us, now we can get together and actually make the laws and put the people in there to vote them into law.
The tech is here, the knowledge of how to do it is here and we even have some small blueprints like the Tea Party that elected people just for doing their bid however insane that is.
The good thing about voting on the issues is that you can put one new face there everytime and support that guy with outside consel from the populace, so the guy occupying the post is not important the support group is and it can be held accountable since they are not elected officials.
[ link to this | view in chronology ]
And it never will.
[ link to this | view in chronology ]
Re:
ok, long story short, anarchy breads warlordism breeds either feudalism or dictatorship, which either shift into a more representative system (dictatorship faster than feudalism if it wants to survive) or breed revolt leading to a representative system.
(note that Any of these stages other than anarchy can be called a monarchy if the highest position is hereditary)
the earlier points in that path are Always more brutal and oppressive.
the main problem here is that the USA has a plutocratic oligarchy running the show. it is NEVER in their best interests to act in ways that are most beneficial to the nation as a whole, let alone the general public. it's all about the short term profits for shareholders, getting the money for the next election... no long term planning at all and no understanding of what happens on the ground when actions are taken at the top level.
the main thing that enables a government to lose touch with that which is governed, and inevitably slide back into more oppressive methods, is bureaucracy.
Bureaucracy is the buffer between the government and reality. you want as little of it as possible while still allowing everything to function. it's not the Only problem, but it goes a long way towards making everything else harder to fix.
[ link to this | view in chronology ]
antisec
You'd think you people would realize that this man is a corporate shill even more than some of the a/c's on this board.
But nooooooooooooooo Bush was sooooooo bad, and he was a republican(right? thats what colbert said anyway) so lets elect the first democrat who coms along...holy shit hes black too?!?! Well hot damn dont even have a election just give that man the key to the white house!
at least under bush we werent a month away from government defaulting on our debt...
and about these whistleblowers? Trying to change the system from the inside is like staring into the abyss, eventually the abyss stares back.
If we really want our freedom back (make no mistake its all but gone) we may have to rip it from their greedy hands.
[ link to this | view in chronology ]
Re: antisec
[ link to this | view in chronology ]
Seriously...
[ link to this | view in chronology ]
Re: Seriously...
Let's put this in perspective. Saudis have more disposable income than you. What are *they* doing for *their* neighbors?
I'd rather have the US assassinating Mexican drug lords than Libyans. College kids will come out in droves at the polls for you, and maybe staying home will be a viable option for more than a few illegal immigrants.
-C
[ link to this | view in chronology ]
Re: Re: Seriously...
[ link to this | view in chronology ]
Re: Seriously...
[ link to this | view in chronology ]
Re: Re: Seriously...
[ link to this | view in chronology ]
Re: Re: Seriously...
[ link to this | view in chronology ]
Re: Seriously...
Why do so many think it's the U.S. that must play world police?
[ link to this | view in chronology ]
Re: Re: Seriously...
http://en.wikipedia.org/wiki/Team_America:_World_Police
[ link to this | view in chronology ]
Re: Re: Re: Seriously...
[ link to this | view in chronology ]
Re: Re: Seriously...
Because everyone expects us to. Who is the first country that everyone comes crying to when they need help or just want a handout? Yep, the good old U.S. Who is the first country everyone points to asking to take the lead on a tough issue? Yep, the good old U.S.
[ link to this | view in chronology ]
Re: Re: Seriously...
[ link to this | view in chronology ]
1984, anyone?
Sounds rather like 'Ministry of Truth' stuff to me. Or maybe 'Ministry of Love'? It's so hard to tell these days - the US Government seems to have successfully implemented all four of Orwell's ministries.
[ link to this | view in chronology ]
Re: 1984, anyone?
[ link to this | view in chronology ]
Re: Re: 1984, anyone?
Naked mole rat's genome 'blueprint' revealed
[ link to this | view in chronology ]
Re: Re: Re: 1984, anyone?
Those moles will bring the light to darkness with their teeth.
Though MF's.
:)
[ link to this | view in chronology ]
We live in a world with international and homegrown elites that tell the guy at 1600 Penn Ave., what to do.
Everything else is smoke and mirrors.
[ link to this | view in chronology ]
Support for....
Do the USA a favor and vote Obama out in 2012!
[ link to this | view in chronology ]
Re: Support for....
Obama is far from perfect, but *on the whole* is a much better match to my values than any Republican (and no, I'm not wasting my vote on Ron Paul).
Obama still gets my vote in 2012.
[ link to this | view in chronology ]
Re: Re: Support for....
If your "values" include doubling down on every horrendous policy that came out of the Bush administration, then by all means continue to be part of the problem.
[ link to this | view in chronology ]
Re: Re: Re: Support for....
the US system is set up so as to make the votes worthless on every level. even ignoring everything else, the Elites choose who you get to choose between.
Stalin, i think it was, said something to the effect of 'it matters not who the people vote for, it only matters that the vote was taken, and who counts the votes' this is true enough, but the modern US is more like 'it matters not who counts the votes, only who chooses who may be voted for'
... this is true of every representative democracy with a party system, actually, but the USA is a particularly bad example.
[ link to this | view in chronology ]
Re: Re: Support for....
I would. I mean, it's not like I would be wasting something with much value anyways. Once you start to realize that your vote is pretty much irrelevant, you realize that strategic voting is nonsensical. (Or any voting for that matter) So you might as well vote for the person you believe in.
[ link to this | view in chronology ]
Angry sheeple = still sheeple
[ link to this | view in chronology ]
Re: Angry sheeple = still sheeple
As the Republican Party has the lumbering Elephant for a mascot and the Democratic Party has the jack ass (I mean donkey) for a mascot the Sheeple party could have a sheep!
I guess is there any way one can subscribe to you movement and will there also be juice served at your monthly meetings?
[ link to this | view in chronology ]
Re: Re: Angry sheeple = still sheeple
[ link to this | view in chronology ]
Re: Re: Angry sheeple = still sheeple
[ link to this | view in chronology ]
Re: Re: Re: "Angry Sheeple"
Meanwhile, the vice presidential loony-tune cozied up to AFSCME yesterday, telling them during a speech, "If you vote for them (repubs), don't come to me, Jack." Take away Joe Biden's (the FED's) money-printing machine (on its last gasp, oh by the way) and spiteful Joe couldn't buy a rag from a rummy laid out from drinking the Zerobama Koolaid...
[ link to this | view in chronology ]
Obama gets a pass from the left
[ link to this | view in chronology ]
Re: Obama gets a pass from the left
[ link to this | view in chronology ]
[ link to this | view in chronology ]
question from the politically inept
I know that a lot of people assume that anything done during a president's term is the president's doing, and am just curious if you're following that same train of though or if there is info pointing that Obama himself is for this type of thing (as opposed to say, powerless/spineless to stop it). Not trying to defend him or say he isn't doing it, I'm just honestly curious about it.
[ link to this | view in chronology ]
Re: question from the politically inept
I have wondered the same thing for quite some time now. I do understand that in the end the President can interject (at least to some extent) in these matters, but I doubt he is sitting in a room picking out people to prosecute or punish.
[ link to this | view in chronology ]
Re: question from the politically inept
What is very telling is his handling of the Bradley Manning issue which definitely did come to his attention. He just trusted that the DoD was handling things in an acceptable manner. Please note that he did not deny any of the facts that were reported. He could have said: "There were exaggerations. He is actually treated differently than has been reported." What he said amounted to: "What you said is right. We're torturing the poor guy. But I'm ok with it because the DoD says it's ok." No excuse for that.
[ link to this | view in chronology ]
Boy, are you in for a surprise.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Whistleblowing
[ link to this | view in chronology ]
Re: Whistleblowing
[ link to this | view in chronology ]
Re: Re: Whistleblowing
[ link to this | view in chronology ]
Re: Whistleblowing
if it's a republican or democrat you're just going to get the same crap again... just comes in a different coloured wrapper.
then there's the unelected bureaucracy who actually run most of the government. (NZ partially solves this issue by requiring all ministers (department heads, i guess?) be chosen from the elected legislature... this, of course, works just fine... so long as your Head of State doesn't abdicate all the responsibility of his office in favour of the 'tradition' of doing whatever the hell the head of government says... the head of government being chosen by the head of state by the 'tradition' of picking the leader of the largest party... condensed pet rant right there.)
[ link to this | view in chronology ]
Re: Re: Whistleblowing
The Tea Party has done that although a bit disorganized but it also happened in Japan(i.e. Koizumi Children).
This all points to what needs to be done, people need to organize, draft their own bills(i.e. take responsibility) and put some crappy dude there any dude will do as long as he has a contract saying that he will vote for those bills selected by the people and with some bad things happening if he doesn't when he leave office.
We have the tools, we have the technology, why not make voting forums for creation of legislation(i.e. crowdsourced legislature)?
The military has done crowdsourcing to build veihcules and it came out pretty good, why not tap that pool of knowledge and start to change things?
http://www.popsci.com/cars/gallery/2011-06/first-crowdsourced-military-vehicle
If we don't do it corporations will write the bills and send it to those morons in congress.
[ link to this | view in chronology ]
Re: Re: Whistleblowing
Any dude that is willing to go to congress to pass bills written by the people.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Just imagine..
The whistleblower would be sent to Gitmo then shot.
The government absolutely demands the right to punish anyone who reveals illegal government activities. It doen't matter that the activities might be illegal; virtually all government agencies and Congressmen firmly believe that they are above any laws.
[ link to this | view in chronology ]
Re: Just imagine..
[opensecrets.org]
[ link to this | view in chronology ]
OBAMA
[ link to this | view in chronology ]
Re: OBAMA
I think I'll sit out the next election. Obama's not getting my vote, but I don't see any on the Rep side worth voting for either. Then again, what difference does it make who's elected--the same corrupt government is still there.
[ link to this | view in chronology ]
Re: Re: OBAMA
[ link to this | view in chronology ]
glenn greenwald
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Typo?
'The full story is a worth a read' ?
Is it 'a worthy read', or 'worth a read'?
[ link to this | view in chronology ]
I't all your fault....
Reap what you have sown...
He kind of reminds me of r. m. nixon, he brought our boys home.
Yeah, after 4 years of blood in Vietnam and he did it; right before the election.
Gee Hussein, looks like you are going to do the same thing. Continue the war in Afghanistan, the expense, the deaths, etc... right up until November and then, all of a sudden, it's over, we won and he brought the boys home...
History repeats itself.
[ link to this | view in chronology ]
Re: I't all your fault....
[ link to this | view in chronology ]
Whistleblowing
The difference between Zerobama supporters and the Casey Anthony jury? Only 12 morons could vote for Casey.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I read about a man in MA who, after hearing someone attempt to kick in his door after midnight, took out his revolver and blasted through the door in defense of life, limb, and property. When the police arrived, they found a dead druggie on the stoop who thought that he had gone to his own house (later determined), but couldn't get in. Oh well...as for prostitution, "The Happy Hooker" only exists in fiction. To be a hooker, your odds of being killed (murdered) are more than two times that of a U.S. soldier in Afghanistan! And we should "legalize" this? Get real, Neil. Masturbate yourself silly, and encourage women to seek more appealing "careers"...The "oldest profession" is a lethally violent, disease-ridden enterprise, and society must reasonably discourage apparently demented women from entering its hopeless abyss...
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]