Feds Want To Keep A Big Part Of Their Argument Against Lawsuit Over Internet Spying A Total Secret

FBI Raids House Of 'Second Leaker' Who Provided Terrorist Watchlist Documents To The Intercept

from the FBI's-'Leak-Repair-Kit'-swings-into-action dept

Mon, Oct 27th 2014 3:33pm — Tim Cushing

The government appears to have located the "second leaker." Snowden obviously still remains out of reach in Russia, but the other leaker -- one hinted at over the past few months and confirmed in Laura Poitras' Snowden documentary "Citizenfour" -- seems to have been identified by the FBI. Michael Isikoff at Yahoo News breaks the news.

The FBI has identified an employee of a federal contracting firm suspected of being the so-called "second leaker" who turned over sensitive documents about the U.S. government's terrorist watch list to a journalist closely associated with ex-NSA contractor Edward Snowden, according to law enforcement and intelligence sources who have been briefed on the case.

The FBI recently executed a search of the suspect's home, and federal prosecutors in Northern Virginia have opened up a criminal investigation into the matter, the sources said.

Once again, we're limited to anonymous "sources" and other unconfirmable information, but it seems the target of the raid was behind the leak of documents related to the federal government's terrorist watchlist program, published by The Intercept on August 5th. This was the same story the government attempted to defuse by leaking an official version to the Associate Press shortly before the Intercept's article went live.

Shortly after publication, government officials began to openly speculate about the existence of a second leaker, something others had been hinting at for weeks after a run of leaked documents at German news site Der Spiegel, none of which were attributed to Ed Snowden.

If the feds have their man, we'll get to see whether this administration will continue its record-setting pace for prosecuting whistleblowers. A hint dropped by one unnamed official suggests the DOJ may not be quite as enthusiastic about leaks punishment as it once was.

One source, who asked not to be identified because of the sensitivity of the matter, said there was concern "there is no longer an appetite at Justice for these cases."

Maybe not, but it's highly unlikely this case will slide if the leaker is caught. First off, there have been no statements from anyone with the requisite amount of power that the US government has softened its stance on Snowden's leaks. As far as they're concerned, he's still a criminal. The documents leaked by the second leaker may not have been as sensitive as those leaked by Snowden, but they still contain information the government wished to withhold. Add to that the ongoing prosecution of journalist James Risen and the recent sentencing of Chelsea Manning, and you still have an environment highly hostile to leaky government employees.

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Filed Under: doj, fbi, feds, leaker, second leaker, terrorist guidelines, terrorist watchlist, the intercept, tsa, whistleblower

38 Comments

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Anonymous Coward, 27 Oct 2014 @ 3:43pm

At this point...
I don't even trust them to tell me who is a criminal or not.
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sorrykb (profile), 27 Oct 2014 @ 3:52pm

One source, who asked not to be identified because of the sensitivity of the matter, said there was concern "there is no longer an appetite at Justice for these cases."
Maybe not, but it's highly unlikely this case will slide if the leaker is caught.

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sorrykb (profile), 27 Oct 2014 @ 3:54pm

Re:
gar... stupid backspace.

What I meant to add was: I fear they will be all the more zealous in their prosecution of this suspected second leak because they can't get their hands on Snowden (and so all their rage against him will be directed against the second leaker).
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Anonymous Coward, 27 Oct 2014 @ 3:57pm

It took a while for the second whistle blower to be allegedly found. Something must have recently happened that tipped off the agencies.
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Anonymous Coward, 27 Oct 2014 @ 3:58pm

Now we shall all sit back and watch what kind of mockery of justice Snowden is in for if he ever came back to face trial as so many surveillance state apologists and defenders desire.
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That One Guy (profile), 27 Oct 2014 @ 4:12pm

I can see this going two ways:

1) They try and make things look as nice and 'fair' as possible, so they have at least one example to point to to defend their perse- oh I'm sorry, I meant 'prosecution', of whistleblowers. Defenders then try and use this single example as justification to continue to insist that Snowden should return to the US, since clearly the USG can be trusted to play fair regarding someone who made them look bad.

Odds of this happening, based upon previous actions: Extremely unlikely.

2) As Sorrykb mentions, they take their anger and frustration over not being able to 'punish' Snowden out on the second leaker, and do everything possible to crush them.

Even if they manage to restrain themselves, past actions indicate that they will still do everything in their power to make the poor sap's life a living hell from here on out, in order to send a message to other prospective whistleblowers who might be thinking of 'making the government look bad'.

Odds of this happening: All but certain.
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Anonymous Coward, 27 Oct 2014 @ 4:15pm

Defense fund?
Where can I send a donation for the leaker (hero) defense fund?
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Ben, 27 Oct 2014 @ 5:25pm

With the FBI's track record the second leaker was asked to leak by the FBI, and leaked information given by the FBI. Just So they could seem productive.
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Anonymous Coward, 27 Oct 2014 @ 5:56pm

Another fall guy or another hemorrhoid?
Is this just another fall guy as the FBI's famous terrorist inspired setups were? None the less it gets increasingly difficult to deny their hemorrhoids now that we have all seen "the kings new cloths". If it all secret we will know it surely is yet another scam, their reputation precedes them and little or nothing they say can be taken at face value.
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askeptic, 27 Oct 2014 @ 6:20pm

"... but they still contain information the government wished to withhold..."

So, if someone leaked Obama's college transcripts, they'd be prosecuted?
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gezzerx, 27 Oct 2014 @ 6:35pm

Criminals
"One source, who asked not to be identified because of the sensitivity of the matter, said there was concern" "there is no longer an appetite at Justice for these cases."

Translation,they don't want to prosecute Government officials for the crimes they have committed. Why am I not sup praised ? ? ?
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Anonymous Coward, 27 Oct 2014 @ 6:55pm

Re:
The US spook patrol display self-restraint, planning, and cleverness? The same guys that were screaming for Snowden to be executed because he revealed corruption and fraud?

Not a chance. They're too mustache-twirlingly, cartoonishly evil. Given the choice between profiting in the long term and indulging themselves in the short term, they'll always be more than happy to burn their bridges behind them to get what they want right now.

They're more than petty enough to still have their knickers in a twist over not being able to put Snowden's head on a pike in the White House lawn. They NEED to assuage their egos. Nothing will be able to stop them from making an example out of this guy. If there IS a plan to try to look good as bait for Snowden, it'll probably result in infighting when some of them won't be able to stop themselves from ignoring the plan and ruining the guy's life anyway.
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Beech, 27 Oct 2014 @ 7:07pm

I wonder if anyone in the administration will ever have the presence of mind, no matter how fleeting, to realize that maybe the reason they've had to prosecute more whistleblowers than all other administrations combined is because they are up to shadier shit than all other administrations combined.
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Uriel-238 (profile), 27 Oct 2014 @ 10:26pm

We've identified him but not captured him?
That indicates a third and forth scenario, based on he just disappears.

3) He just disappears. We've had ex-nazis and ex-spies do this from time to time. If he's an especially gray fellow he may be able to blend in any place he's hiding.

4) He just disappears, but in this case, our government decides that any kind of trial would be too ugly after the recent string of whistle-blowers strung for espionage, in which case he'll be rendered to some hellish black-site and then tortured for the rest of his days as they try to uncover further suspects.
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Uriel-238 (profile), 27 Oct 2014 @ 10:28pm

Re: We've identified him but not captured him?
I can't write!

4) He just disappears. In this case US manhunters catch him, but the government decides...
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That One Guy (profile), 27 Oct 2014 @ 10:51pm

Re: Re:
Oh they wouldn't be doing it for his sake, any restraint would be nothing more than PR, and an attempt to bait the trap by providing an 'example' of the USG showing restraint against a whistleblower, so they can use it to smear Snowden for refusing to come back and/or put himself in a position to be grabbed.
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That One Guy (profile), 27 Oct 2014 @ 10:56pm

Re: We've identified him but not captured him?
Come now, you really expect us to believe that the government would throw someone who's made them look bad into a cell and/or hellish conditions in order to 'punish' them and get them to talk?

That's crazy talk that is. What next, claiming that the paragon-of-virtue-CIA has been involved in torturing prisoners?
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Mr. Feverhead, 28 Oct 2014 @ 1:46am

Leaker's Identity
Let me guess. It was Sharyl Attkisson.
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Ninja (profile), 28 Oct 2014 @ 2:04am

Re: At this point...
Everybody.
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Ninja (profile), 28 Oct 2014 @ 2:05am

Re:
That. This guy is doomed. Long live America!
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Anonymous Coward, 28 Oct 2014 @ 3:55am

Re: Re: At this point...
Oh, we knew that. But we don't know who's going to be chagred 17 times for the same criminal offence.
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Anonymous Coward, 28 Oct 2014 @ 6:48am

No appetite, huh?
One source, who asked not to be identified because of the sensitivity of the matter, said there was concern "there is no longer an appetite at Justice for these cases."
So if "there is no longer an appetite at Justice for these cases", and they still manage to round up the requisite goons to trash this guy's house, what happens when they get their appetite back? "Accidental" SWAT raids until the guy gets killed responding to the home invasion?
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MWR, 28 Oct 2014 @ 8:33am

Re: At this point...
Of course not, since they're all criminals themselves.
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Anonymous Coward, 28 Oct 2014 @ 9:45am

Man, TD is gonna have some apologizing to do when it turns out to be Walter O'Brien.
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Cal (profile), 28 Oct 2014 @ 11:01am

The CRIMINALS are those who serve within our government and did those things. The "HERO" is the person (people) who told of those CRIMINAL activities.

The only way to stop the persecutions of Whistle - blowers is the ARREST and PROSECUTE the government criminals or they will keep injuring, murdering, and/or imprisoning those who let us know of those who are serving dishonest crimianl behavior.
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noonymaus, 28 Oct 2014 @ 1:34pm

Re: Re:
I fear there is no longer an appetite for justice...
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Anonymous Coward, 28 Oct 2014 @ 1:46pm

THIS.......THIS....is why they want TOATAL surveilance.......TOTAL control
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Anonymous Coward, 28 Oct 2014 @ 1:49pm

Re: At this point...
I know the feeling
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Anonymous Coward, 28 Oct 2014 @ 1:59pm

Re: Defense fund?
www.herodefencefund.com
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barb aque, 28 Oct 2014 @ 2:01pm

Re: At this point...
Right......I have land...great real estate in the Eerglades for sale...bargain price. I CANNOT BELIEVE PEOPLE FALL FOR THIS. As..in duh....we better run for the hills if NSA cannot manage documents. Medical marijuanna is bad for blogging.
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Anonymous Coward, 28 Oct 2014 @ 2:01pm

Re:
Lol.....you think there'd be a trial :)
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Anonymous Coward, 28 Oct 2014 @ 2:03pm

Re: We've identified him but not captured him?
5)Suicided
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barb aque, 28 Oct 2014 @ 2:09pm

Response to: Ben on Oct 27th, 2014 @ 5:25pm
Yo people....this ..is part of the script for the new Mission Impossible sequel. Spoiler alert.
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yourmom (profile), 28 Oct 2014 @ 4:10pm

"Investigators are continuing to pursue it, but are not ready to charge yet."

I hate to say it, but even he isn't the guy, and he is not already out of the country, he is toast. If they can't get Snowden, they're gonna nail someone to the cross.

Just look at Thomas Drake. From what I have read, he works at an Apple store now. He has so much he could offer, and nobody will touch him outside of a very liberal retail vendor.
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Anonymous Coward, 29 Oct 2014 @ 6:38am

Basically everyone that does not lick the boots of the fascists in charge is labeled a criminal.
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Anonymous Coward, 29 Oct 2014 @ 6:40am

Re: No appetite, huh?
germans had the brown shirts americans have the blue shirts
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XXXMADAM (profile), 30 Oct 2014 @ 9:24am

FBI/CIA PIMPS
POLITICAL SEXTORTIONS

https://sites.google.com/site/ciapimps/home
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GEMont (profile), 31 Oct 2014 @ 4:57pm

Re: Re: Re:
Very astute.

A "ringer" whistle blower, who, once apprehended, is very publicly treated well by the MTAIAH would be a huge PR win for the fascists and would push the public towards the idea that Snowden Should Come Home Now, and would cost the MTAIAH almost nothing.

Very astute indeed.
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