Bill Keller Blames Leak Arrests that Preceded WikiLeaks on WikiLeaks

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Bill Keller has another narcissistic column attacking Julian Assange. The whole thing is rubbish not worth your time, but I did want to unpack the complaint with which Keller ends his column.

“A lot of attention has been focused on WikiLeaks and its colorful proprietors,” Aftergood told me. “But the real action, it turns out, is not at the publisher level; it’s at the source level. And there aren’t a lot of sources as prolific or as reckless as Bradley Manning allegedly was.”

For good reason. The Obama administration has been much more aggressive than its predecessors in pursuing and punishing leakers. The latest case, the arrest last month of John Kiriakou, a former C.I.A. terrorist-hunter accused of telling journalists the names of colleagues who participated in the waterboarding of Qaeda suspects, is symptomatic of the crackdown. It is this administration’s sixth criminal case against an official for confiding to the media, more than all previous presidents combined. The message is chilling for those entrusted with keeping legitimate secrets and for whistleblowers or officials who want the public to understand how our national security is or is not protected.

Here’s the paradox the documentaries have overlooked so far: The most palpable legacy of the WikiLeaks campaign for transparency is that the U.S. government is more secretive than ever. [my emphasis]

The Obama Administration has charged 6 people with some kind of espionage charge for leaking:

  • Thomas Drake was indicted on April 10, 2010, just days after the release of the Collateral Murder video and before Bradley Manning first contacted Adrian Lamo; he was charged for purported leaks going back to February 2006
  • Shamai Leibowitz was first investigated in mid-2009, before Manning leaked anything to WikiLeaks; he was charged on December 4, 2009 and sentenced on May 24, 2010, the day the government was first learning about Lamo’s conversations with Manning
  • Stephen Jin-Woo Kim was indicted on August 19, 2010, around the time DOD first started trying to figure out what Manning allegedly sent to WikiLeaks; he is alleged to have leaked in June 2009
  • Manning was arrested on May 29, 2010 and will be formally charged this week for leaks allegedly starting in November 2009
  • Jeffrey Sterling was indicted on December 22, 2010, around the time the government was trying to pressure Manning into testifying about Assange; his leaks allegedly started in 2001
  • John Kiriakou was charged on January 23, 2012 for leaks dating back to 2007

All the non-WikiLeaks leaks allegedly took place before Manning’s. All were formally charged before Manning, and all but two men were arrested before Manning.

And yet Bill Keller, in a demonstration of his typical reporting skill though not Newtonian physics, suggests that WikiLeaks caused the crackdown on leaks.

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Jamie Dimon: “I was safer in Beirut”… Maybe Because of Those Gold Bullions JPMC Sent Iran?

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The world’s richest drama queen complains he was safer in Beirut than being confronted by Occupy Wall Street.

For Jamie Dimon, the shelter of his Upper East Side mansion isn’t enough to keep him safe from the Occupy protesters. Instead, the JPMorgan Chase CEO said he felt safer halfway around the world that October day when protesters occupied the sidewalk outside his Manhattan home.

“That particular day, I was in Lebanon, Beirut doing business over there and I was probably safer over there too,” Dimon told Fox News.

Well, sure.

Dimon is the CEO of a company that materially supported Iran, Hezbollah’s sponsor.

Of course he was safe in Beirut.

I mean, maybe if he’d start sending $20M in gold bullion to Americans, like JPMC did for a bank in Iran, he’d feel safer here.

An apparent violation of the ITR consisting of a May 24, 2006 transfer of 32,000 ounces of gold bullion valued at approximately $20,560,000 to the benefit of a bank in Iran. JPMC did not voluntarily self-disclose this matter to OFAC.

But rather than sending gold bullion, JPMC is paying the cops that harass OWS.

Of course he’s safer where JPMC has paid off the terrorists rather than paid off the cops infringing on free speech.

Alan Gross and Jacob Appelbaum

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This AP story describing the backstory of USAID contractor Alan Gross’s imprisonment in Cuba is interesting in its own right. Past reporting had made it clear that Cuba had declared Gross a spy because he was setting up secure communications technology for Cuba’s Jewish community.

Gross’ company, JBDC Inc., which specializes in setting up Internet access in remote locations like Iraq and Afghanistan, had been hired by Development Associates International Inc. of Bethesda, Maryland, which had a multimillion-dollar contract with USAID to break Cuba’s information blockade by “technological outreach through phone banks, satellite Internet and cell phones.”

The AP story describes the vast array of telecom equipment Gross and some Jewish humanitarian groups he partnered with smuggled into Cuba, where some of it is explicitly prohibited:

12 iPods, 11 BlackBerry Curve smartphones, three MacBooks, six 500-gigabyte external drives, three Internet satellite phones known as BGANs, three routers, three controllers, 18 wireless access points, 13 memory sticks, three phones to make calls over the Internet, and networking switches.

And it explains what it was that finally got Gross arrested: his importation of a “discreet” SIM card that would make it impossible to track satellite phone transmissions.

On his final trip, he brought in a “discreet” SIM card — or subscriber identity module card — intended to keep satellite phone transmissions from being pinpointed within 250 miles (400 kilometers), if they were detected at all.

The type of SIM card used by Gross is not available on the open market and is distributed only to governments, according to an official at a satellite telephone company familiar with the technology and a former U.S. intelligence official who has used such a chip. The officials, who spoke on condition of anonymity because of the sensitivity of the technology, said the chips are provided most frequently to the Defense Department and the CIA, but also can be obtained by the State Department, which oversees USAID.

So Gross was arrested for trying to make sure a subset of Cuba’s population could access the Internet in privacy.

Back when Alan Gross was “convicted,” the White House officially condemned the decision, as they’ve condemned his treatment repeatedly since.

Alan Gross has been unjustly detained and deprived of his liberty and freedom for the last 14 months. Instead of releasing Mr. Gross so he can come home to his wife and family, today’s decision by Cuban authorities compounds the injustice suffered by a man helping to increase the free flow of information, to, from, and among the Cuban people.

We remain deeply concerned for Mr. Gross’ well being and that of his family and reiterate our call for his immediate release.

Gross’ case would make you think the government inherently valued secure Internet communication.

But compare their treatment of Gross with the treatment they’ve given Jacob Appelbaum, the Tor researcher who they’ve treated like a suspected terrorist.

Tor, like the communications equipment Gross was installing, makes it easier for dissidents and other members of civil society to communicate freely.

Tor is a network of virtual tunnels that allows people and groups to improve their privacy and security on the Internet. It also enables software developers to create new communication tools with built-in privacy features. Tor provides the foundation for a range of applications that allow organizations and individuals to share information over public networks without compromising their privacy.

Individuals use Tor to keep websites from tracking them and their family members, or to connect to news sites, instant messaging services, or the like when these are blocked by their local Internet providers. Tor’s hidden services let users publish web sites and other services without needing to reveal the location of the site. Individuals also use Tor for socially sensitive communication: chat rooms and web forums for rape and abuse survivors, or people with illnesses.

Journalists use Tor to communicate more safely with whistleblowers and dissidents. Non-governmental organizations (NGOs) use Tor to allow their workers to connect to their home website while they’re in a foreign country, without notifying everybody nearby that they’re working with that organization.

And like Gross, Appelbaum has traveled internationally to help foster such private communications. If you follow him on Twitter, you can even see him tracking and responding to attacks on secure networks in the Middle East.

So if Administration expressions of concern about the free flow of information were sincere, you’d think they’d be celebrating Appelbaum’s efforts.

Instead, partly because of his ties to WikiLeaks, they routinely harass him. Not only have they subpoenaed his Twitter IP information and a slew of other data as part of their WikiLeaks investigation, but every time he returns to the country, they temporarily detain him. Read more →

Honorable Military Whistleblower: Why Daniel Davis Is and Bradley Manning Is Not

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One of the hottest, and most important, stories of the last week has been that broken by Scott Shane in the New York Times, on February 5th, of Army Lt. Col. Daniel L. Davis’ stunning report on the unmitigated duplicity and disaster that characterizes the American war in Afghanistan. It painted the story of a man, Davis, committed to his country, to his service and to the truth but internally tortured by the futility and waste he saw in Afghanistan, and the deception of the American public and their Congressional representatives by the Pentagon and White House.

And then, late last month, Colonel Davis, 48, began an unusual one-man campaign of military truth-telling. He wrote two reports, one unclassified and the other classified, summarizing his observations on the candor gap with respect to Afghanistan. He briefed four members of Congress and a dozen staff members, spoke with a reporter for The New York Times, sent his reports to the Defense Department’s inspector general — and only then informed his chain of command that he had done so.

Concurrent with Shane’s NYT article, Davis himself published an essay overview of what he knew and saw in the Armed Forces Journal.

The one thing that was not released with either Shane or Davis’ article was the actual Davis report itself, at least the unclassified version thereof. The unclassified Davis report has now been published, in its entire original form, by Michael Hastings in Rolling Stone in The Afghanistan Report the Pentagon Doesn’t Want You to Read.

The report is every bit as detailed, factually supported and damning as the articles by Shane and Davis portrayed. It is a must, but disturbing, read. If the American people care about economic waste and efficacy and morality of their foreign military projection, both the Obama Administration and the Pentagon will be browbeat with the picture and moment of sunlight Daniel Davis has provided. Jim White has penned an excellent discussion of the details of the Davis report.

My instant point here, however, is how Davis conducted himself in bringing his sunlight, and blowing the whistle, on wrongful US governmental and military conduct. Davis appears to have attempted to carefully marshal his evidence, separated the classified from the unclassified, released only unclassified reportage himself and to the press, taken the classified reportage to appropriate members of Congress and the DOD Inspector General, and notified his chain of command. Davis insured that, while the classified information and facts were protected from inappropriate and reckless release, they could not be buried by leveraging his unclassified press publication. In short, Daniel Davis is the epitome of a true military whistleblower, both in fact, and Read more →

William Welch Probably NOT One of the Attorneys Who Engaged in Gross Prosecutorial Misconduct in Stevens Case

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As Ryan Reilly reported, Judge Emmet Sullivan is moving forward with his plan to release the scathing report on the Ted Stevens prosecution showing the prosecution was “permeated by the systematic concealment of significant exculpatory evidence.”

Back when descriptions of this report first surfaced, I asked, “Why Is William Welch, Whose Team Is Accused of Intentional Prosecutorial Misconduct, Still at DOJ?”

Given Sullivan’s latest order, I think the answer must be that Welch is not one of the four DOJ lawyers most badly implicated in the report. That’s because DOJ, which after all still employs Welch to prosecute whistleblowers, had no objection to the report being released on March 15.

The Department of Justice’s Notice advised the Court that it “does not intend to file a motion regarding Mr. Schuelke’s report” and that “[t]he government does not contend that there is any legal prohibition on the disclosure of any references in Mr. Schuelke’s report to grand jury material, court authorized interceptions of wire communications, or any sealed pleadings or transcripts that have now been unsealed.” Notice of Dep’t of Justice Regarding Materials Referenced in Mr. Schuelke’s Report, at 1-2 (“DOJ Notice”). In addition, the Department of Justice informed the Court that it was not asserting any deliberative process or attorney-work product privilege with respect to the information contained in Mr. Schuelke’s Report.

Criminal Division head Lanny Breuer has already proven himself more than willing to hide the misconduct of his prosecutors; I have no doubt he’d do so here if it badly implicated any of his current attorneys.

So I’m guessing–though that is a guess–that Welch is not one of the four fighting to prevent this release.

FBI Director Mueller Boasts of FBI’s Cyber Expertise before Anonymous Hacks Cyber Call

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As you may have heard, Anonymous hacked into and released a conference call between the FBI and Scotland Yard discussing their efforts to crack down on the hackers’ group.

What makes the hack all the more ironic is its release comes just days after Robert Mueller bragged of the FBI’s cyber expertise at the Threat Assessment hearing on Tuesday (the actual call took place on January 17, which makes me wonder whether they have gotten subsequent calls as well). In response to MD (and therefore NSA’s) Senator Barbara Mikulski’s suggestion that the NSA was the only entity able to investigate cybercrime, Mueller insisted (after 2:01) the FBI can match the expertise of NSA. He even bragged about how important partnering with counterparts in other countries–like Scotland Yard–was to the FBI’s expertise.

Mueller: If I may interject, we have built up a substantial bit of expertise in this arena over a period of time, not only domestically but internationally. We have agents that are positioned overseas to work closely with–embedded with–our counterparts in a number of countries, and so we have, over a period of time, built up an expertise. That is not to say that NSA doesn’t have a substantial bit of expertise also, understanding where it’s located.

Mikulski: But it’s a different kind.

Mueller: Well, no, much of it is the same kind, much of it is the same kind, in terms of power, I think NSA has more power, in the sense of capabilities, but in terms of expertise, I would not sell ourselves short.

I don’t want to sell the FBI short or anything. But regardless of their expertise in investigating cybercrimes, it sure seems like they’ve got the same crappy security the rest of the Federal government has.

Local Head of International Republican Institute Prevented from Leaving Egypt

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Remember when Egypt raided the offices of a bunch of US NGOs?

Egypt’s Supreme Council of the Armed Forces raided 17 civil society and human rights groups yesterday, in some cases holding staffers at the NGO offices as the raid proceeded. The raid has the odd effect of pitting the Generals we’ve mentored and funded–to the tune of billions–against civil society experts we’ve also funded, through State Department funding streams.

The orchestrated move by Egypt’s generals, apparently keen to play up to anti-US and nationalist feelings in the country, will be seen as highly provocative in Washington, which underwrites military aid to Egypt to the sum of $1.3bn (£843m) annually.

“We are deeply concerned,” a State Department official told the Guardian.

And I suspect this won’t be the end of the demonizing of civil society NGOs. After all, these NGOs have been involved, for years, in training some of the activists who went on to lead the revolution. Even some of the activists (who may have been state operatives) have accused those with ties to these NGOs of “treason.” The State Department developed an explicit plan to foster reform in Egypt through these NGOs five years ago.

Well Egypt just prevented Secretary Ray LaHood’s son, Sam, who is the head of IRI in Egypt, from getting on a plane to leave the country.

A person familiar with the case says Sam LaHood, who heads the International Republican Institute in Egypt, was recently kept from boarding a flight out of Egypt. The person spoke on condition of anonymity because of the sensitivity of the issue.

This is our military aid at work, propping up authorities who detain a Cabinet Secretary’s son.

That doesn’t seem like a very good investment!

Judy Miller Discovers the Word “Claim”

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Judy Miller, first amendment martyr, has finally found an assertion that she distrusts enough to diminish by using the word “claim:”

NYPD’s critics have complained about potential invasions of privacy and disruptions of New Yorkers’ civil liberties. During the Occupy Wall Street protests, several reporters and citizens claimed to have been abused and arrested without justifiable cause. [my emphasis]

Now, to her credit, she also modified Ray Kelly’s assertion that those who have Occupied Wall Street are anarchists.

He defended the NYPD’s dismantlement of the Occupy Wall Street encampment at Zuccotti Park last fall and its handling of the protests that threatened to block vehicular and foot traffic on city streets. Handling such demonstrations, said Kelly, was “a contact sport.” “Sometimes we overreact,” he conceded. “We make mistakes.” But by and large, he concluded, the department had done a “good job” of enabling social protest while also protecting the city against violent disruptions caused by a minority of what he called “anarchists.” [my emphasis]

Not to get all Truth Vigilante on an esteemed journalist like Judy Miller, but these are both testable assertions. There are videos clearly showing journalists being pushed around and arrested even though they were properly credentialed. And any discussion of the treatment of journalists at Occupy Wall Street must go further, to talk about how journalists were managed to ensure they couldn’t cover certain things, and how more generally the NYPD refused to credential journalists so they could cover it. And while you’re at it, it might be nice to mention that regular people also were abused and arrested without justifiable cause, not just journalists.

But then you might also have to go further when challenging Kelly’s claims than simply scare-quoting them. In fact, in most cases, violent disruptions were caused by the NYPD, not protestors.

Though, I guess if Ray Kelly wants to call his force a bunch of anarchists, he would know.

Who Will Redact Our Next Big Constitutional Debate?

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In her Gitmo anniversary piece, Dahlia Lithwick, piggybacking on Adam Liptak’s earlier report, used the extensive redactions in the DC Circuit Opinion overturning Adnan Latif’s habeas petition to illustrate how little the courts are telling us about his fate, our detention program, and its impact on the most basic right in this country, habeas corpus.

But in the spirit of the day, I urge you to stop for a moment and look at the decision itself, so heavily redacted that page after page is blacked out completely. The court, in evaluating a secret report on Latif, can tell us very little about the report and thus the whole opinion becomes an exercise in advanced Kafka: The dissent, for instance notes that “As this court acknowledges, “the [district] court cited problems with the report itself including [REDACTED]. … And according to the report there is too high a [REDACTED] in the report for it to have resulted from [REDACTED].” Liptak describes all this as an exercise in “Mad Libs, Gitmo Edition.” But in the end, it’s also an exercise in turning the legal process of assessing the claims of these prisoners at Guantanamo Bay into something that replaces one legal black hole with another: pages and pages of black lines that obscure in words what has been obscured in fact. Americans will never know or care what was done at the camp and why if the legal process that might have transparently corrected errors happens behind blacked-out pages.

Latif’s classified petition for cert has just been filed.

We won’t get to see that petition, though, until after the court redacts it, at which point it will presumably look just like the Circuit Opinion–page after page of black lines.

It’s worth asking who will get to redact that petition, which is after all an important effort not only to free a man cleared for release years ago, but also to restore separation of powers and prevent detainees and Americans alike from being held solely on the basis of an inaccurate intelligence report.

That’s important because, thus far, the existing court documents in this case have been redacted inconsistently.

We know that because the dissent in the Circuit Opinion quotes language from Judge Henry Kennedy’s ruling, yet that language doesn’t appear anywhere in the unredacted sections of his ruling itself. For example, David Tatel refers to the “factual errors” Kennedy described (21; PDF 88) and cites Kennedy’s repetition of Latif’s explanation for having lost his passport–he “gave it to Ibrahim [Alawi] to use in arranging his stay at a hospital.” (37; PDF 104)  Yet the appearances of these phrases have been entirely redacted from Kennedy’s opinion (there are many more fragments for which the same is true, supporting general claims about the inaccuracy of the report, but they are less specific).

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On the Manning Art. 32, Court Secrecy & Nat. Sec. Cases

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I somehow stumbled into an article for The Nation by Rainey Reitman entitled Access Blocked to Bradley Manning’s Hearing. To make a long story short, in a Twitter exchange today with Ms. Reitman and Kevin Gosztola of Firedoglake (who has done yeoman’s work covering the Manning hearing), I questioned some of the statements and inferences made in Ms. Reitman’s report. She challenged me to write on the subject, so here I am.

First, Ms. Reitman glibly offered to let me use her work as “foundation” to work off of. Quite frankly, not only was my point not originally to particularly go further; my point, in fact, was that her foundation was deeply and materially flawed.

Reitman starts off with this statement:

The WikiLeaks saga is centered on issues of government transparency and accountability, but the public is being strategically denied access to the Manning hearing, one of the most important court cases in our lifetime.

While the “WikiLeaks saga” is indeed centered on transparency and accountability for many of us, that simply is not the case in regard to the US Military prosecution of Pvt. Bradley Manning. The second you make that statement about the UCMJ criminal prosecution of Manning, you have stepped off the tracks of reality and credibility in court reportage and analysis. The scope of Manning’s Article 32 hearing was/is were the crimes detailed in the charging document committed and is there reason to believe Manning committed them. Additionally, in an Article 32 hearing, distinct from a civilian preliminary hearing, there is limited opportunity for personal mitigating information to be adduced in order to argue for the Investigating Officer to recommend non-judicial punishment as opposed to court martial trial. That is it. There is no concern or consideration of “transparency and accountability”, within the ambit suggested by Ms. Reitman, in the least.

Calling the Manning Article 32 hearing “one of the most important court cases in our lifetime” is far beyond hyperbole. First off, it is, for all the breathless hype, a relatively straight forward probable cause determination legally and, to the particular military court jurisdiction it is proceeding under, it is nothing more than that. The burden of proof is light, and the issues narrow and confined to that which is described above. The grand hopes, dreams and principles of the Manning and WikiLeaks acolytes simply do not fit into this equation no matter how much they may want them to. Frankly, it would be a great thing to get those issues aired in this country; but this military UCMJ proceeding is not, and will not be, the forum where that happens.

Moving on, Reitman raises the specter of “the death penalty” for Manning. While the death penalty remains a technical possibility under one of the charges, the prosecution has repeatedly stated it will not be sought and, after all the statements on the record in that regard, there is simply no reason to embellish otherwise. Reitman next states:

This case will show much about the United States’s tolerance for whistleblowers who show the country in an unflattering light.

No, it most certainly will not. In fact, the Manning criminal military prosecution has nothing whatsoever to do with “whistleblowers”. Despite the loose and wild eyed use of the term “whistleblower” in popular culture, not to mention by supporters of Bradley Manning, the concept Read more →