Tag Archive: Bradley Manning

Aug 23 2013

Chelsea Manning

The day after Bradley Manning was sentenced to 35 years in prison for blowing the whistle on war crimes, his lawyer David Coombs, in an appearance on NBC’s Today Show, read the following statement:

I want to thank everybody who has supported me over the last three years. Throughout this long ordeal, your letters of support and encouragement have helped keep me strong. I am forever indebted to those who wrote to me, made a donation to my defense fund, or came to watch a portion of the trial. I would especially like to thank Courage to Resist and the Bradley Manning Support Network for their tireless efforts in raising awareness for my case and providing for my legal representation.

As I transition into this next phase of my life, I want everyone to know the real me. I am Chelsea Manning. I am a female. Given the way that I feel, and have felt since childhood, I want to begin hormone therapy as soon as possible. I hope that you will support me in this transition. I also request that, starting today, you refer to me by my new name and use the feminine pronoun (except in official mail to the confinement facility). I look forward to receiving letters from supporters and having the opportunity to write back.

Thank you,

Chelsea E. Manning

Respecting her wishes, the former Bradley Manning will be addressed as a woman and will be referred to as Chelsea Manning.

There will be occasions when in the course of reporting the story as it moves through the appeals process, that Ms. Manning will be called “Bradley Manning” by officials, as Kevin Gozstola noted at FDL The Dissenter with regard to the reporting there:

I will refer to Manning as Chelsea Manning even when recounting events in the court martial because that is the appropriate and respectful thing to do.

Now, as far as the coverage page at FDL that says “Bradley Manning,” FDL will consult members of the transgender community and see what they think would be appropriate. The coming weeks may see some adjustments to the page in order to be sensitive to Manning’s announcement.

We, too, at The Stars Hollow Gazette and Docudharma ask for input from our transgender community on how we should appropriately report on Chelsea Manning in the future.

We wish Chelsea the best and hope that the president will grant her clemency.

Aug 22 2013

A Heavy Price for Our Freedom

David Coombs, attorney for Army Private Bradley Manning, read Pvt. Manning’s statement to the press after his sentencing to 35 years in prison. Immediately after the sentence was read, Pvt. Manning turned to Mr. Coombs telling him, “It’s okay. It’s alright. I know you did your best. I’m going to be okay. I’m going to get through this.”

Bradley Manning: “Sometimes You Have to Pay a Heavy Price to Live in a Free Society”



Transcript can be read here

Just after the court adjourned and after the press conference, Mr. Coombs  was interviewed by independent journalist Alexa O’Brien which aired exclusively on Democracy Now!

“He Wanted To Help America”: Manning Attorney in First Extended Interview After 35-Year Sentence



Transcript can be read here

Coombs talks about the government’s use of classified evidence, Manning’s reaction to the sentence and how much of the court record was hidden from the public. “I can’t believe that was actually the sentence he received,” Coombs tells O’Brien. “Anyone who sat through the hearing and heard all the evidence, even in the closed sessions, there is not evidence there where you would think 35 years would be the appropriate sentence. I wonder now if there had actually been damaged or if he had really intended to harm the United States or wanted to obtain personal gain from selling classified information, just what the sentence would have been. Because this was a person who had true intentions. He wanted to help America. He wanted to get people to think about what was going on in Iraq. He didn’t have an evil motive in what he did.”

Aug 21 2013

Bradley Manning Sentenced to 35 Years

Pfc. Bradley Manning was sentenced this morning to  35 years in prison for passing classified documents to Wikileaks that exposed war crimes in Afghanistan and Iraq. None of the those crimes have been investigates and no one has been charges in their commission.

The sentence was more severe than many observers expected, and is much longer than any punishment given to any previous US government leaker.

The 25-year-old soldier was convicted last month of leaking more than 700,000 classified documents and video. The disclosures amounted to the biggest leak in US military history.

He was found guilty of 20 counts, six of them under the Espionage Act, but was acquitted of the most serious charge of “aiding the enemy”. [..]

The 1,294 days Manning has already spent in military custody, since May 2010, will be deducted from his sentence. The figure includes 112 days that is being taken off the sentence as part of a pre-trial ruling in which Lind compensated Manning for the excessively harsh treatment he endured at the Quantico marine base in Virginia.

He has to serve a minimum of a third of his sentence, meaning he will be eligible for parole in just over eight years, and, at the very earliest, could be released under parole soon as 2021. He can earn 120 days per year off his sentence for good behaviour and job performance.

Manning faced a maximum possible sentence of 90 years, although few legal experts expected he would receive anything near that amount.

The sentence will automatically be appealed.

The Center for Constitutional Rights condemned the sentence and praised Manning  as a whistleblower who never should have been prosecuted. This is part of their statement:

We are outraged that a whistleblower and a patriot has been sentenced on a conviction under the Espionage Act. The government has stretched this archaic and discredited law to send an unmistakable warning to potential whistleblowers and journalists willing to publish their information. We can only hope that Manning’s courage will continue to inspire others who witness state crimes to speak up.

There are calls for President Barack Obama to pardon Manning or commute his sentence to time served. Considering Obama had declared Manning guilty before the trial started, there are serious doubts that will happen.  

Jul 31 2013

The Slow Death of Democracy

“Well, Doctor, what have we got-a Republic or a Monarchy?”

 “A Republic, if you can keep it.”

~Benjamin Franklin~ 1787

While Bradley Manning awaits sentencing that could bring up to 136 years in prison, the perpetrators of the war crimes that he exposed and those who authorized those crimes remain free, some still have been appointed to high positions in the government. War crimes apologists hail Manning’s conviction but are silent about prosecution of the likes of George W. Bush, Richard Cheney, Condoleeza Rice, Donald Rumsfeld, John Yoo, Jay Bybee, Alberto Gonzalez, John Brennan, James Comey, and hundreds of others.

Wikileaks founder Julian Assange spoke with Amy Goodman and Nermeen Shaikh on this morning’s Democracy Now!



Transcript can be read here

“Bradley Manning is now a martyr,” Assange says. “He didn’t choose to be a martyr. I don’t think it’s a proper way for activists to behave to choose to be martyrs, but these young men – allegedly in the case of Bradley Manning and clearly in the case of Edward Snowden – have risked their freedom, risked their lives, for all of us. That makes them heroes.” According to numerous press reports, the conviction of Manning makes it increasingly likely that the U.S. will prosecute Assange as a co-conspirator. During the trial, military prosecutors portrayed Assange as an “information anarchist” who encouraged Manning to leak hundreds of thousands of classified military and diplomatic documents.

Statement by Julian Assange on Verdict in Bradley Manning Court-Martial

30 July 2013, 19:30 UTC

Today Bradley Manning, a whistleblower, was convicted by a military court at Fort Meade of 19 offences for supplying the press with information, including five counts of ‘espionage’. He now faces a maximum sentence of 136 years.

The ‘aiding the enemy’ charge has fallen away. It was only included, it seems, to make calling journalism ‘espionage’ seem reasonable. It is not.

Bradley Manning’s alleged disclosures have exposed war crimes, sparked revolutions, and induced democratic reform. He is the quintessential whistleblower.

This is the first ever espionage conviction against a whistleblower. It is a dangerous precedent and an example of national security extremism. It is a short sighted judgment that can not be tolerated and must be reversed. It can never be that conveying true information to the public is ‘espionage’.

President Obama has initiated more espionage proceedings against whistleblowers and publishers than all previous presidents combined.

In 2008 presidential candidate Barack Obama ran on a platform that praised whistleblowing as an act of courage and patriotism. That platform has been comprehensively betrayed. His campaign document described whistleblowers as watchdogs when government abuses its authority. It was removed from the internet last week.

Throughout the proceedings there has been a conspicuous absence: the absence of any victim. The prosecution did not present evidence that – or even claim that – a single person came to harm as a result of Bradley Manning’s disclosures. The government never claimed Mr. Manning was working for a foreign power.

The only ‘victim’ was the US government’s wounded pride, but the abuse of this fine young man was never the way to restore it. Rather, the abuse of Bradley Manning has left the world with a sense of disgust at how low the Obama administration has fallen. It is not a sign of strength, but of weakness.

The judge has allowed the prosecution to substantially alter the charges after both the defense and the prosecution had rested their cases, permitted the prosecution 141 witnesses and extensive secret testimony. The government kept Bradley Manning in a cage, stripped him naked and isolated him in order to crack him, an act formally condemned by the United Nations Special Rapporteur for torture. This was never a fair trial.

The Obama administration has been chipping away democratic freedoms in the United States. With today’s verdict, Obama has hacked off much more. The administration is intent on deterring and silencing whistleblowers, intent on weakening freedom of the press.

The US first amendment states that “Congress shall make no law… abridging the freedom of speech, or of the press”. What part of ‘no’ does Barack Obama fail to comprehend?

Manning Verdict: Slow Death for Democracy

by David Gespass, Common Dreams

Hypocrisy and criminality are rife in the United States government and, in its eyes, the worst criminals are those who expose such evils. Among the many documents Manning released, for example, was the notorious “collateral murder” video, showing U.S. pilots killing a Reuters journalist, his driver and several others. Some have argued that, although unfortunate, the killing was justified in the heat of battle but the U.S. denied any knowledge of how the reporter, Namir Noor-Eldeen, died until the video was released. Reuters had simply asked how such events could be avoided in the future and was stonewalled. It is only thanks to Manning that the world knows exactly what happened.

There are two ways in which any government can seek to control security leaks. The first is by honesty and transparency, by allowing the public to know enough to make democratic decisions about how far is too far. That is the path that the United States, and this president, claims to follow. The second is by threatening draconian consequences to anyone who exposes questionable policies and practices to the light of day. That is the path the United States, and this administration, has chosen with the prosecution of Bradley Manning and others. No amount of sophistry can hide that truth, try as the administration might. The result, for Bradley Manning, is many years in prison. The result for democracy is a slow death.

The highest obligation we, as citizens, have is to protect the Constitution and the laws of this country. This is what two young men, Bradley Manning and Edward Snowden, have courageously done. They don’t deserve prosecution. They deserve medals and praise.

Jul 30 2013

Manning Acquitted of Aiding the Enemy But . . .

Pfc. Bradley Manning was acquitted of the most serious charges of aiding the enemy , which carried the death sentence but was found guilty of multiple counts of violating the Espionage act of 1917. Manning faces up to 132 years in prison for, as emptywheel‘s Marcy Wheeler notes, “alerting you to what your government does in your name:

Today, (Colonel Denise) Lind found Manning guilty of 20 charges for that effort to inform the American people of the policies pursued in their name. But, in a hugely significant development, she also ruled that he was not guilty of the charge of aiding the enemy. The verdict was revealed with silence and a delay, as the Army imposed new reporting rules on the press, citing earlier “shenanigans.”

That Lind found Manning guilty of 20 charges is not a surprise. Manning himself had pled guilty to 10 lesser offenses the day he read his statement, pleading to “unauthorized possession” and “willful communication” of most, but not all of the items he was accused of leaking. On several of the charges – notably, Manning’s leak of a video of Americans shooting a Reuters journalist – Lind accepted Manning’s lesser pleas.

Moreover, Lind had refused to throw out charges – including the aiding the enemy charge – that Manning’s defense argued the government had not substantiated. Lind had also changed the wording of three charges against Manning after the end of the trial, adjusting them to the evidence the government had actually submitted at trial. [..]

But the big news – and very good news – is that Manning is innocent of the aiding the enemy charge. That ruling averted a potentially catastrophic effect on freedom of speech in this country.

This was a kangaroo court from start to finish with no court stenographers allowed, harassment of the press in and out of the courtroom and the judge changing the rules as the trial progressed, even changing the charges after closing arguments

The Center for Constitutional Rights (CCR), who represents Wikileaks and Julian Assange in the U.S, released this statement upon hearing the verdict:

   While the “aiding the enemy” charges (on which Manning was rightly acquitted) received the most attention from the mainstream media, the Espionage Act itself is a discredited relic of the WWI era, created as a tool to suppress political dissent and antiwar activism, and it is outrageous that the government chose to invoke it in the first place against Manning. Government employees who blow the whistle on war crimes, other abuses and government incompetence should be protected under the First Amendment.

   We now live in a country where someone who exposes war crimes can be sentenced to life even if not found guilty of aiding the enemy, while those responsible for the war crimes remain free. If the government equates being a whistleblower with espionage or aiding the enemy, what is the future of journalism in this country? What is the future of the First Amendment?

   Manning’s treatment, prosecution, and sentencing have one purpose: to silence potential whistleblowers and the media as well. One of the main targets has been our clients, WikiLeaks and Julian Assange, for publishing the leaks. Given the U.S. government’s treatment of Manning, Assange should be granted asylum in his home country of Australia and given the protections all journalists and publishers deserve.

   We stand in solidarity with Bradley Manning and call for the government to take heed and end its assault on the First Amendment.

Meanwhile, yesterday, the Senate confirmed torture advocate and war criminal James Comey as Director of the FBI by a vote of 93 to 1. Senator Rand Paul (R-KY) was the only no vote. Oregon’s Democratic Senators Merkley and Wyden voted present; Senators Chiesa (R-NJ); Heitkamp (D-ND); Murkowski (R-AK); and Rubio (R-FL) did not vote.

Jul 27 2013

Chris Hedges: Answering Questions

In Part 7, and the final segment, of a series of interviews by Paul Jay of Real News Network, journalist and author, Chris Hedges answers viewers questions including about the American public’s complicity in the crimes of empire, if there’s any hope for Bradley Manning and whether the U.S. or Israel will attack Iran.

To the question of the American public’s responsibility for the crimes committed in its name, Hedges said:

   I would say very few Americans-and the exception would be probably those in the armed forces and those who work for contractors or the diplomatic service-actually grasp the dirty work of empire. Having spent 20 years of my life on the fringes of empire and seen how empire works, Conrad was right. It’s the horror, the horror. What is it that drones and hellfire missiles do to human bodies? Those images are rigorously censored. We never see them. We don’t understand what is done in our name. Instead, we’re fed this patriotic myth of glory and service and sacrifice and honor and heroism, terms that when you’re actually there on a battlefield become hollow if not obscene.

Transcript can be read here

Jul 07 2013

The Unprecedented War on Whistleblowers

Daniel Ellsberg on Snowden, Manning, Government and Whistleblowers

Daniel Ellsberg–the legend behind the pentagon papers–speaks about Edward Snowden, Bradley Manning, and the necessary business of government whistleblowing in this Buzzsaw interview. Mr. Ellsberg discusses the government’s war on constitutional rights, information, and the media, plus if there is a worthy case for impeaching President Obama (at least, any more than there was for Bush…), as well as his own experience being persecuted by the Nixon administration.

Mr. Ellsberg speaks freely and gives an uncensored or edited account of the nation with Tyrel Ventura and Sean Stone on Buzzsaw.

Slideshow: Six Whistleblowers Charged Under the Espionage Act

by John Light and Lauren Feeney, Moyers & Company

he Obama administration has been carrying out an unprecedented crackdown on whistleblowers, particularly on those who have divulged information that relates to national security. The Espionage Act, enacted during the first World War to punish Americans who aided the enemy, had only been used three times in its history to try government officials accused of leaking classified information – until the Obama administration. Since 2009, the administration has used the act to prosecute six government officials. Meet the whistleblowers.

The Price of Truth, Whistleblowers and the Espionage Act

by Thierry Meyssan, Global Research

While the international press plays up the information leaked by Edward Snowden as a revelation concerning the PRISM surveillance program, feigning to have discovered what everyone should already have known for a long time, Thierry Meyssan is particularly curious about the meaning of this rebellion.

From this perspective, he attaches more importance to the case of General Cartwright, who has also been indicted for espionage.

Are American public servants, civilian or military, who face a minimum of 30 years in prison for revealing U.S. state secrets to the press, “whistleblowers” exercising power in a democratic system or are they “resistors to oppression” at the hands of a military-police dictatorship? The answer to this question does not depend on our own political opinions, but on the nature of the U.S. government. The answer completely changes if we focus on the case of Bradley Manning, the young leftist Wikileaks soldier, or if we consider that of General Cartwright, military adviser to President Obama, indicted Thursday, 27 June 2013, for spying.

Here, a look back is needed to understand how one shifts from “espionage” in favor of a foreign power to “disloyalty” to a criminal organization that employs you.

Obama’s Crackdown on Whistleblowers

by Tim Shorrock, The Nation

The NSA Four reveal how a toxic mix of cronyism and fraud blinded the agency before 9/11.

In the annals of national security, the Obama administration will long be remembered for its unprecedented crackdown on whistleblowers. Since 2009, it has employed the World War I-era Espionage Act a record six times to prosecute government officials suspected of leaking classified information. The latest example is John Kiriakou, a former CIA officer serving a thirty-month term in federal prison for publicly identifying an intelligence operative involved in torture. It’s a pattern: the whistleblowers are punished, sometimes severely, while the perpetrators of the crimes they expose remain free.

The hypocrisy is best illustrated in the case of four whistleblowers from the National Security Agency: Thomas Drake, William Binney, J. Kirk Wiebe and Edward Loomis. Falsely accused of leaking in 2007, they have endured years of legal harassment for exposing the waste and fraud behind a multibillion-dollar contract for a system called Trailblazer, which was supposed to “revolutionize” the way the NSA produced signals intelligence (SIGINT) in the digital age. Instead, it was canceled in 2006 and remains one of the worst failures in US intelligence history. But the money spent on this privatization scheme, like so much at the NSA, remains a state secret.

h/t Aigeanta at Voices on the Square for the news links.

Jun 05 2013

The Trial of Bradley Manning: Prosecuting Whistleblowing

Michael Ratner, president emeritus of the Center for Constitutional Rights and a lawyer to Julian Assange and WikiLeaks, returned from attending the opening session of Bradley Manning’s trial at Fort Meade. He joined Amy Goodman and Aaron Maté on Democracy Now for a discussion of the trial, and the government’s claims of “aiding the enemy” in a bid to scare whistleblowers.

Hypocrisy lies at the heart of the trial of Bradley Manning

by Gary Young, The Guardian

It is an outrage that soldiers who killed innocents remain free but the man who exposed them is accused of ‘aiding the enemy’

. . . . (T)he case against him indicates the degree to which the war on terror (a campaign that has been officially retired describing a legal, military and political edifice that remains firmly intact) privileges secrecy over not only transparency but humanity. This is exemplified in one of his leak’s more explosive revelations – a video that soon went viral showing two Reuters employees, among others, being shot dead by a US Apache helicopter in Iraq. They were among a dozen or so people milling around near an area where US troops had been exposed to small arms fire. The soldiers, believing the camera to be a weapon, opened fire, leaving several dead and some wounded.

“Look at those dead bastards,” says one pilot. “Nice,” says the other. When a van comes to pick up the wounded they shoot at that too, wounding two children inside. “Well, it’s their fault for bringing their kids into a battle,” one of the pilots says.

An investigation exonerated the soldiers on the grounds that they couldn’t have known who they were shooting. No disciplinary action was taken. When Reuters tried to get a copy of the video under the Freedom of Information Act, its request was denied. Were it not for Manning it would never have been made public. So the men who killed innocents, thereby stoking legitimate grievances across the globe and fanning the flames of resistance, are free to kill another day and the man who exposed them is behind bars, accused of “aiding the enemy”.

In this world, murder is not the crime; unmasking and distributing evidence of it is. To insist that Manning’s disclosure put his military colleagues in harm’s way is a bit like a cheating husband claiming that his partner reading his diary, not the infidelity, is what is truly imperilling their marriage. Avoiding responsibility for action, one instead blames the information and informant who makes that action known. [..]

But it’s not just about Manning. It’s about a government, obsessed with secrecy, that has prosecuted more whistleblowers than all previous administrations combined. And it’s about wars in which the resistance to, and exposure of, crimes and abuses has been criminalised while the criminals and abusers go free. If Manning is an enemy of the state then so too is truth.

Jun 04 2013

The Trial of Bradley Manning Begins

After three years, the court martial of PFC Bradley Manning, charged with leaking of sensitive information to WikiLeaks, began in Fort Meade in Maryland, yesterday. The proceeding, before a judge,  Colonel Denise Lind, could take as long as three months with over 200 scheduled witnesses. IT began with Judge Lind, asking Manning to confirm his decision not to have the case decided by a jury, and if he was satisfied with his defense team, to which, he answered, “Yes, your honor.” Opening statements began with the prosecution’s statement by government lawyer, Captain Joe Morrow.

“This is not a case about a few documents … or about a government official who made a discrete leak,” Morrow said. “It was about dumping hundreds of thousands of classified information into the lap of the enemy. PFC Manning violated the trust of his superiors to gain the notoriety he craved.”

In his opening statement, defense lawyer, David Coombs, gave a starkly different picture of Manning, describing him as a humanist, “young, naive, but good intentioned”.

Coombs referred to a separate set of web chats that Manning had with a transgender woman called Lauren McNamara, who was at the time a man, before the soldier deployed. The chats showed that Manning felt “a huge amount of pressure to do everything he could to help his unit”, Manning said. “He was reading more into politics and philosophy and he indicated he was doing that as he wanted to give the best possible information to his commander and possibly save lives,” Coombs said.

But Manning’s mindset changed dramatically on Christmas Eve, 2009. Manning was ordered to investigate a roadside bomb attack on a passing US military convoy near the base. [..]

“After the 24 December incident he started to struggle. He kept thinking about that family who had pulled over in their car to let the convoy go by,” Coombs said, adding that Manning also had ” a very internal private struggle with his gender”.

The impact of those struggles instilled in Manning a need to “do something to make a difference in this world”, Manning said. “From that moment forward he started selecting information that he believed the public should hear and see, information that would make the world a better place.”

At emptywheel, Marcy Wheel examined the document that the government is using to prosecute Manning. She doesn’t this it says what the government is claiming:

The report itself is actually ambiguous about whether or not our adversaries were using WikiLeaked data. It both presents it as a possibility that we didn’t currently have intelligence on, then presumes it. [..]

If this document is proof Manning should have known (the conflicting statements notwithstanding) that leaking to WikiLeaks would amount to leaking to our adversaries, it’s also proof that DOD knew they had an INFOSEC problem that might lead to leaked information, one they pointedly didn’t address.

But I’m also amused by one of the case studies in the danger of leaked WikiLeaks information: that it might be used to suggest DOD is getting gouged by our contractors working on JIEDDO, our counter-IED program. [..]

To sum up: not only doesn’t this report assert that leaking to WikiLeaks amounts to leaking to our adversaries; on the contrary, the report identifies that possibility as a data gap. But it also provides several pieces of support for the necessity of something like WikiLeaks to report government wrongdoing.

In an interview on Democracy Now with Amy Goodman, Firedoglake reporter Kevin Gosztola, who is at Ft. Meade covering the trial, and attorney Chase Madar, author of “The Passion of Bradley Manning,” discussed the start of the court martial and the secrecy that will surround much of the testimony under the guise of “national security.”



Transcript can be read here

Over at FDL’s The Dissenter, Kevin Gosztola summarizes the opeing statement of the prosecution and defense and provides regular Live Updates:

Here is the link for today’s Live Update and Julian Assange’s statement on the first day of the trial:

To convict Bradley Manning, it will be necessary for the US government to conceal crucial parts of his trial. Key portions of the trial are to be conducted in secrecy: 24 prosecution witnesses will give secret testimony in closed session, permitting the judge to claim that secret evidence justifies her decision. But closed justice is no justice at all.

What cannot be shrouded in secrecy will be hidden through obfuscation. The remote situation of the courtroom, the arbitrary and discretionary restrictions on access for journalists, and the deliberate complexity and scale of the case are all designed to drive fact-hungry reporters into the arms of official military PR men, who mill around the Fort Meade press room like over-eager sales assistants. The management of Bradley Manning’s case will not stop at the limits of the courtroom. It has already been revealed that the Pentagon is closely monitoring press coverage and social media discussions on the case.

This is not justice; never could this be justice. The verdict was ordained long ago. Its function is not to determine questions such as guilt or innocence, or truth or falsehood. It is a public relations exercise, designed to provide the government with an alibi for posterity. It is a show of wasteful vengeance; a theatrical warning to people of conscience.

After the screening of Jeremy Scahill’s documentary, “Dirty Wars,” in Washington, DC Friday night, Kevin asked Jeremy for his thoughts on Bradley’s trial.

May 20 2013

AP-Gate Just Got Worse

Regardless of the left’s opinion of Fox News, the Obama administration has gone way over the constitutional line and this is adds to the serious threat to freedom of the press. The idea that the government. on its unconstrained wild hunt for whistle blowers, can issue secret subpoenas for telephone records just got worse this morning. The case is being made against Fox News reporter James Rosen for his reporting on the possibility that North Korea would respond to additional UN sanctions with more nuclear tests back in 2009. The Department of Justice is prosecuting State Department adviser and arms expert Stephen Jin-Woo Kim for “leaking” the information to James Rosen of Fox News. To makes the case against Rosen this is what the DOJ did:

They used security badge access records to track the reporter’s comings and goings from the State Department, according to a newly obtained court affidavit. They traced the timing of his calls with a State Department security adviser suspected of sharing the classified report. They obtained a search warrant for the reporter’s personal e-mails. [..]

Court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist – and raise the question of how often journalists have been investigated as closely as Rosen was in 2010. The case also raises new concerns among critics of government secrecy about the possible stifling effect of these investigations on a critical element of press freedom: the exchange of information between reporters and their sources.

First, Kim did not obtain these documents illegally, he had access to them, He did not steal or sell the documents, or pass them to an enemy agent of the US. He gave, what is for all intents and purposes, innocuous information to a news reporter. For that Kim is being prosecuted under the Espionage Act. Now the DOJ is seeking to prosecute Rosen for revealing the information.

Glenn Greenwald reiterated that it is not against US law to to publish classified information and is far worse than the secret subpoena of the phone records of the Associated Press:

The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist”.

But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law.

In an affidavit (pdf) from the FBI by Agent Reginald B. Reyes in the application for the search warrant, Reyes alleged that because Rosen and Kim used aliases to protect their communications and sought ways to maintain confidentiality, all completely legal for journalists to do, Rosen was acting “much like an intelligence officer would run an [sic] clandestine intelligence source, the Reporter instructed Mr. Kim on a covert communications plan… to facilitate communication with Mr. Kim and perhaps other sources of information.”

In her comparison of this case with the Associated Press, and cases against James Risen of The New York Times and Bradley Manning, Marcy Wheeler notes that Agent Reyes used the strategy of painting Rosen as criminal to circumvent the “Privacy Protection Act protections for media work product” in order to obtain the warrant for Rosen’s e-mails and other records:

In other words, during a period from May 2010 through January 2011, Eric Holder’s DOJ was developing this theory under which journalists were criminals, though it’s just now that we’re all noticing this May 2010 affidavit that lays the groundwork for that theory.

Maybe that development was predictable, given that during precisely that time period, the lawyer who fucked up the Ted Stevens prosecution, William Welch, was in charge of prosecuting leaks (though it’s not clear he had a role in Kim’s prosecution before he left in 2011).

But it’s worth noting the strategy – and the purpose it serves – because it is almost certainly still in effect. FBI Special Agent Reginald Reyes accused Rosen of being a criminal so he could get around the Privacy Protection Act protections for media work product (See pages 4 and following), which specifically exempts “fruits of a crime” or “property … used [] as a means of committing a criminal offense.” Then he further used it to argue against giving notice to Fox or Rosen.

   Because of the Reporter’s own potential criminal liability in this matter, we believe that requesting the voluntary production of the materials from Reporter would be futile and would pose a substantial threat to the integrity of the investigation and of the evidence we seek to obtain by the warrant. (29)

While the AP’s phone records weren’t taken via a warrant, it would be unsurprising if the government is still using this formula – journalists = criminals and therefore cannot have notice – to collect evidence. Indeed, that may be one reason why we haven’t seen the subpoena to the AP.

It is very clear that this is an unprecedented threat to freedom of the press and the Obama administration has escalated this war since Obama took office in 2009.

In an interview last week with Amy Goodman and Nermeen Shaikh, senior fellow at The Nation Institute Chis Hedges, called the monitoring of the AP phone records “one more assault in a long series of assault against freedom of information and freedom of the press.”

“Talk to any investigative journalist who must investigate the government, and they will tell you that there is a deep freeze. People are terrified of speaking, because they’re terrified of going to jail.”

~Chris Hedges~

Here is Mr. Hedges piece from Truthdig documenting The Death of Truth

Other related articles from Glenn Greenwald at The Guardian:

Justice Department’s pursuit of AP’s phone records is both extreme and dangerous

The major sea change in media discussions of Obama and civil liberties

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