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Obama’s Unprecedented War on Whistleblowers

From Manning to Kiriakou, critics are aggressively targeted as the White House turns a blind eye to abuses.
 
 
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On January 23rd, the Obama administration  charged former CIA officer John Kiriakou under the Espionage Act for disclosing  classified information to journalists about the waterboarding of al-Qaeda suspects. His is just the latest prosecution in an unprecedented assault on government whistleblowers and leakers of every sort.

Kiriakou’s plight will clearly be but one more battle in a broader war to ensure that government actions and sunshine policies don’t go together. By now, there can be little doubt that government retaliation against whistleblowers is not an isolated event, nor even an agency-by-agency practice. The number of cases in play suggests an organized strategy to deprive Americans of knowledge of the more disreputable things that their government does. How it plays out in court and elsewhere will significantly affect our democracy.

Punish the Whistleblowers

The Obama administration has already charged more people --  six -- under the Espionage Act for alleged mishandling of classified information than all past presidencies combined. (Prior to Obama, there were only  three such cases in American history.)

Kiriakou, in particular, is accused of giving information about the CIA's torture programs to reporters two years ago. Like the other five whistleblowers, he has been charged under the draconian World War I-era Espionage Act.

That Act has a  sordid history, having once been used against the government’s political opponents. Targets included labor leaders and radicals like Eugene V. Debs, Bill Haywood, Philip Randolph, Victor Berger, John Reed, Max Eastman, and Emma Goldman. Debs, a union leader and socialist candidate for the presidency, was, in fact,  sentenced to 10 years in jail for a speech attacking the Espionage Act itself. The Nixon administration infamously (and unsuccessfully)  invoked the Act to bar the  New York Times from continuing to publish the classified Pentagon Papers.

Yet, extreme as use of the Espionage Act against government insiders and whistleblowers may be, it’s only one part of the Obama administration’s attempt to sideline, if not always put away, those it wants to silence. Increasingly, federal agencies or departments intent on punishing a whistleblower are also resorting to extra-legal means. They are, for instance, manipulating personnel rules that cannot be easily challenged and do not require the production of evidence. And sometimes, they are moving beyond traditional notions of "punishment" and simply seeking to destroy the lives of those who dissent.

The well-reported case of Thomas Drake is an example. As an employee, Drake revealed to the press that the National Security Agency (NSA) spent $1.2 billion on a contract for a data collection program called Trailblazer when the work could have been done in-house for  $3 million. The NSA’s response? Drake’s home was raided at gunpoint and the agency forced him out of his job.

“The government convinced themselves I was a bad guy, an enemy of the state, and went after me with everything they had seeking to destroy my life, my livelihood, and my person -- the politics of personal destruction, while also engaging in abject, cutthroat character assassination, and complete fabrication and frame up,” Drake  told Antiwar.com. “Marriages are strained, and spouses’ professional lives suffer as much as their personal lives. Too often, whistleblowers end up broken, blacklisted, and bankrupted,”  said the attorney who represents Drake.

In Kiriakou's case, the CIA found an excuse to  fire his wife, also employed by the Agency, while she was on maternity leave. Whistleblower  Bradley Manning, accused of leaking Army and State Department documents to the website WikiLeaks, spent more than a year in the worst of punitive conditions in a U.S. Marine prison and was denied the chance even to appear in court to defend himself until almost two years after his arrest. Former chief military prosecutor at Guantanamo Morris Davis  lost his career as a researcher at the Library of Congress for writing a critical op-ed for the  Wall Street Journal and a letter to the editor at the  Washington Post on double standards at the infamous prison, as did  Robert MacClean for blowing the whistle on the Transportation Security Administration.

 
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