FBI

First Amendment martyr?

Josh Wolf tells Salon why he spent 226 days in prison rather than comply with a subpoena, and gives his take on what a "journalist" is.

Over the past seven and a half months, 24-year-old video blogger Josh Wolf has gone from being a young political activist with a camera to one of journalism’s better-known — and most controversial — martyrs. When he walked out of a federal prison in Dublin, Calif., on April 3, he held the American record for most time served behind bars for refusing to give up source material.

On July 8, 2005, Josh Wolf was at the scene of an anarchist demonstration in San Francisco’s Mission District that turned violent. Someone fractured a police officer’s skull with an unknown object, and protesters allegedly tried to set the same officer’s car on fire. Wolf, who maintains a video blog called the Revolution Will Be Televised, videotaped the protest. He posted parts of his tape on the Indybay Web site, and sold part to a local TV station. A federal grand jury began looking into the riot, and in 2006, it issued a subpoena to Wolf, seeking the unreleased portions of his footage, as well as his testimony. He refused to comply with the subpoena, and on Aug. 1, 2006, was held in contempt of court. He was imprisoned until Aug. 31, when he was allowed to post bail, but was imprisoned again in mid-September of that year. He was held there until April 3 of this year, when prosecutors dropped their demand that he testify and Wolf handed over the full video.

Wolf’s incarceration has led to a debate over what, exactly, a “journalist” is in the age of the Internet, and whether Wolf could credibly claim to fit the definition. Wolf’s blog used to include a line on its homepage in which he described himself as many things — “an artist, an activist, an anarchist and an archivist” — but not a reporter or journalist. In February, San Francisco Chronicle columnist Debra Saunders called Wolf “a blogger with an agenda and a camera” and said she did not understand “why newspapers … refer to him as the ‘longest-imprisoned journalist’ in America.”

Salon spoke with Wolf about his time in prison, his decision not to comply with the subpoena and how he defines “journalist.”

What has this whole experience been like for you?

Overwhelming. It’s broken down a lot of ideas that I thought were true, and were revealed to be false. It’s also reinforced suspicions I had that turned out to be true.

What do you mean by that?

I mean, well, many of those thoughts and suspicions revolve around the federal justice system and whether people are [really guaranteed] fair trials — which they’re not. Even when you have money and spend $100,000, in the federal system an attorney’s nothing more than a deal-broker.

And in terms of stuff that transpired that was surprising to me, and shouldn’t have been — when you think of felons, you think of them as all being these rough-and-tough and unkind people. In reality, they’re just people that were put in a desperate situation and acted out in a desperate manner to achieve the means that they felt were necessary at that point in time.

What was prison like?

It was very boring. Lots of time spent reading. I read about 50 books. I wrote about 1,000 letters responding to the people who were writing me. And then I spent the rest of the time eating, playing some trivial game like dominoes or Spades, and talking to the prisoners about how they got there and what their thoughts on the American landscape are.

So it wasn’t quite “Oz.”

No, in fact, in some of the early interviews [I did] I said my only perspective was watching “Oz,” and as I came in there I was completely afraid of what I was going to experience, and it was much more like — the best way I can describe it is, and I never went to a military boarding school, but it’s what I picture a military boarding school would be like during summer vacation or Easter break for the kids that don’t go home or something.

Why did you decide to resist the subpoena?

Well, for two reasons. One, I feel that it’s important for journalists to assert the rights and privileges that we are afforded under the U.S. Constitution. We already lost some, and this is the only way we’ll ever gain them back. And so just on the issue of the rights it was worth resisting.

But then on the other side, it’s also crucial that journalists act as the fourth estate and not [work] for the state in pursuing investigations for … prosecutions. If you’re an investigator for the government then you should be getting a paycheck from the government.

Why did you decide to release the video?

That decision had not quite been made, but we had stepped foot down that road in November and inquired whether the U.S. attorney would accept this resolution to the whole thing. We put this forward in November when the en banc wasn’t going to be successful, the Circuit second-level appeal. And the U.S. attorney said the only thing he’d ever accept would be full compliance with the demands of the subpoena, which would have involved testifying before the secret grand jury.

And so what happened really wasn’t so much that I decided to release the tape as the government decided to go along with our proposal we put forward back then. And the reason that I had come to that decision about releasing the tape is that, while I feel that I should have autonomy to decide what I publish and don’t publish, at the end of the day there wasn’t anything of a sensitive nature on the unpublished material and as it had become newsworthy in and of itself, once I had exhausted all reasonable appeals there was no reason to deny the public’s demand for the material.

Didn’t you say at one point that you wouldn’t give up the tape?

I believe I said I wouldn’t comply with the demands of the subpoena.

And by not comply with the demands of the subpoena, you meant what?

The demand was to testify in front of the grand jury and turn over the tape.

One of the things, though, that a lot of your defenders were talking about was the principle that journalists shouldn’t have to give up unpublished material.

They shouldn’t.

So how does that play into your decision to release the tape?

Well, there are certain fights that are worth getting into and then when you lose the fight walking away. In a situation where you have material with — I don’t want to say nothing on it, but nothing of an evidentiary value on it — once you’ve lost the legal fight, then you’re just a martyr for the sake of being a martyr. At that point the fight was for the testimony and not for this video with no real value whatsoever.

Why separate the testimony from the tape? Was there not a principle involved in the tape at that point?

Well, see, the principle is not acting as an investigator. In not putting up a fight to turn over the tape, I’m acting as an investigator, but at the end of the day, once that fight has been lost, there is no material evidence to speak of on the unpublished tape as opposed to the published tape.

What does the content of the tape have to do with the principle?

The content of the tape has nothing to do with the principle. The principle is not turning over broad information to the government to aid in their investigation. It doesn’t much matter what that content was, it’s not the role of a journalist to be providing evidence whenever the government asks for it.

So why was taking the stand and giving testimony to the grand jury the sticking point for you?

Several reasons. As the grand jury is a secret body, the U.S. attorney was not candid about what questions [were going] to be asked. The only clue we had was an article in the San Francisco Chronicle where Luke Macaulay, who is the spokesperson for the U.S. attorney’s office, stated they were seeking my testimony to identify potential witnesses. Not potential suspects, mind you, but potential witnesses [to the arson and beating]. So I had every reason to think that when you take that statement and try to derive what that would mean, I would be put in front of the grand jury, the video would play and every time a new person would enter the frame, I’d be asked whether or not I could identify him or her. Then anyone that I was able to identify would likely go through the same situation, and you would essentially create a witch hunt akin to McCarthyism in the 1950s.

Was there any other journalistic principle involved in refusing to testify?

OK, besides acting as a prosecutor, besides asserting the rights, was there any other journalistic principle?

I’m not questioning your justification, I’m just wondering whether there was an established First Amendment argument or anything like that.

Well, the established First Amendment argument dates back from the Branzburg v. Hayes case … One of the key issues is that because [a grand jury is] secretive, there’s a trust that’s going to be lost, because no one’s going to be able to verify what was or wasn’t said. Secondly, just by acting to aid in the prosecution, it’s going to have a deleterious effect on the trust relationship between journalists and their contacts. And then finally, the other argument that I can just recall around the First Amendment issue is that if you have a free press that feels that they’re going to be subject either to going against their ethics or going to jail, then the news will stop being news and just become P.R. — what people want to get out, and not the stuff people fight to keep hidden.

There has been a lot of debate over whether you are a journalist. How would you define yourself?

I define myself as a journalist and a video blogger.

What do you feel makes you a journalist?

The question of who is a journalist is less important than what is journalism. I went out to engage in journalism, to document and cover a demonstration that would have been neglected by the mainstream press, for the purposes of documenting and showing the public what occurred. I feel that that is journalistic activity. And as I do this on a regular basis, I feel that I am a journalist.

How often did you do that sort of thing before the riot?

Well, that sort of thing is a broad thing — not everything I do is of a political protest, some things I do are writing, some things are of a more fluff, sort of human interest bent. But I’d say that I had a new post on my blog at least once a week, and a new video at least once a month.

Is a blogger a journalist, in your mind? Are you a journalist because you had a blog?

A journalist can be a blogger, a blogger is not necessarily a journalist — unless they, I mean, and that gets kind of fuzzy because if the sole focus on your blog is your pets, then I guess you are engaging in journalism about your pets, but it’s a very, very fine-tuned scope.

So who isn’t a journalist in this new media world?

Well, if someone’s blog is a work of fiction, then they’re more of an artist than a journalist. It’s a very fuzzy issue that needs to be discussed; it’s an ongoing conversation and one that I don’t have all the answers to at this time.

What about the line between activism and journalism that some people were talking about you breaking?

I think a line is crossed when you don’t disclose your own personal bias.

You’re saying you went out to document this, and that’s part of what makes you a journalist. What about a situation like the Rodney King tape, where someone happened upon an event and decided to record it? Does that make them a journalist, in your mind?

That’s a different matter. Do they go out and film random events to post on their Web site, or is this just something they happen to do? If they make it a course of action, as far as their daily life, to document the world for the public, then yes, they are a journalist. If they just happen to film this one thing, and they don’t even know what they’re doing with it at first, then I’d say they’d probably think they weren’t a journalist.

And what did you think of the arguments that you’re not a journalist?

I think they’re missing the point, because we can sit there and hash out who is and isn’t a journalist over time. But the real issue is, if you give me the benefit of the doubt and you assume I’m a journalist, then what does this say about the current lack of a federal shield law, and that journalists are protected in 49 states, plus the District of Columbia, in state courts, yet not under federal law.

And what do you think that says?

It says that federal law’s not in line with its own components. I can say that in the state of California, in the case of Apple v. ThinkSecret, a California appeals court ruled that bloggers should be considered part of the news media, and that it’s not the court’s place to decide who is and isn’t a journalist. There are several Supreme Court cases that also echo that sentiment, that it’s not the government’s place to decide who is and isn’t a journalist.

Do you think your situation will have any impact on the way people think of what a journalist is and what a journalist isn’t over the next few years?

I think it certainly added a lot of fuel to the fire of that debate. The debate has already been going on for the past few years with the rise of blogging. There’s no hard and fast way to define who is and who isn’t a journalist — you ask anyone and they’re all going to come up with their own sentiments about it. The biggest one that strikes my mind is, I was talking to Rolling Stone, and some other people about Rolling Stone and it’s like — rock journalism. Not everyone’s going to consider someone who’s doing a piece about Metallica to be a journalist, but they’re disseminating news about a specific area of interest and they should be considered journalists for every reason.

Do you have any regrets?

Little tiny ones like, “I should have put this on the site when this happened.” My biggest regret is not being better organized in the lead-up to my imprisonment.

What do you mean by that?

Building a support network — making sure that I have someone in place to upload the blogs, having a more in-depth comprehensive site surrounding the actual case already established, making sure that my bills were set to pay. All the sort of boring stuff that dictates our everyday lives but can’t be handled from behind the prison walls.

Would you do this again?

Absolutely.

Alex Koppelman is a staff writer for Salon.

Who gets to be an FBI threat?

A recent Rolling Stone article raises troubling questions about FBI entrapment schemes and their targets

The five men arrested on April 30 for plotting to blow up a bridge near Cleveland, Ohio. (Credit: AP/FBI)

Writing in Rolling Stone this week, Rick Perlstein looks at how the FBI regularly entraps and creates “terrorists” out of anarchists and activists, while comparatively ignoring violent white supremacist groups.

Using some recent examples, Perlstein paints a startling picture. He notes the arrest this month of a small group of self-identified anarchists, participating in Occupy Cleveland, who — strung along in an FBI sting — planned to blow up a large Ohio bridge. The target was suggested and (fake) C-4 explosives were provided by an FBI infiltrator. As Perlstein put it, the episode was one among numerous law enforcement schemes since 2001 in which “the alleged terrorist masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage.”

Perlstein contrasts the Ohio arrestees with another recently arrested group: The American Front, a “known terrorist group” of Florida-based white supremacists who — without FBI encouragement — “took a break from training with machine guns for a race war in order to fashion weapons out of fake ‘Occupy’ signs which they planned to use to assault May Day protesters in Melbourne, Florida.” While anarchists, animal rights activists and Muslims pass muster as federal targets, organized hate groups do not.

The distinction between entrapment (which is illegal) and a sting (which is legal) now appears to be a much eroded line in the sand. As Perlstein’s piece points out, it is up to a jury once arrests have been made whether law enforcement set up a trap or a sting. In previous decades, defendants have been acquitted in cases of entrapment; but not in recent years:

Not a single “terrorism” indictment has been thrown out for entrapment since 9/11 – not the Liberty City goofballs supposedly planning to blow up the Sears Tower who had no weapons and refused them when offered; not the Newburgh, New York outfit whose numbers included a schizophrenic who saved his own urine in bottles. (Even the judge who sentenced them said “the government made them terrorists.”)

One of the most famous recent cases of FBI infiltration — which is not mentioned in the Rolling Stone article — hangs over anarchist networks worldwide. Brandon Darby, the once trusted activist and organizer-turned-FBI-informant and now writer for Andrew Breitbart’s Big Government, is the dirtiest name to utter in anarchist circles. Darby infiltrated groups organizing protests around the 2008 Republican National Convention in St. Paul, Minn. Darby fed the FBI information, which helped them seize riot shields made by a group from Texas. Enraged by the seizure (but still viewing Darby as a comrade) two young men from Austin, David McKay and Bradley Crowder, bought the materials for and constructed Molotov cocktails with the thought of using them against state vehicles. The two, however, decided overnight that this was a bad idea — and left the devices at home, with no intention of using them.

Darby passed information about the Molotov cocktail plans on to the FBI, and McKay and Crowder were arrested and charged with domestic terrorism. While Crowder accepted a plea deal without trial for a two-year prison sentence for making the devices, McKay went to trial, arguing Darby entrapped him. The trial ended with a hung jury. Before the retrial, however, McKay retracted claims of entrapment and agreed to accept a plea deal (and serve a four-year prison sentence, for making the Molotovs and perjury).

Perlstein notes that “the State is singling out ideological enemies” – and if federal sting targets are much to go by, the State’s position is clear: anti-capitalists, environmentalists and Muslims are threats; racists are not. We can respond by decrying FBI activity, and by arguing that their targets are not real threats. Or, we can take patterns of FBI activity more seriously and ask why anti-capitalists are more threatening than white supremacists. This line of questioning can likely be reduced to two questions, chanted again and again up and down the country when protest front lines are faced with lines of police: “Who do you protect? Who do you serve?”

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

FBI heroically locks up ridiculous anarchists on May Day

Feds stop inept radicals from carrying out a plot feds helped them conceive and carry out

U.S. Attorney Steven Dettelbach, left, and FBI special agent in charge Stephen Anthony walk past a map showing the location of a bridge on Ohio Rt. 82. Five men, pictured on the wall behind the map, have been arrested for conspiring to blow up the bridge. (Credit: AP/Mark Duncan)

Happy May Day, fellow travelers! If you’re not currently disrupting capitalism and/or having your wrists zip-tied for exercising your right to freely assemble, you probably read about the Federal Bureau of Investigation’s latest, not-at-all suspiciously timed terror sting. The Bureau, in an inspired bit of early-20th century nostalgia, has railroaded a bunch of dangerous anarchists. (Or “dangerous” “anarchists.”) America will not waver in the face of the Galleanist threat!

Five young men from Cleveland are now in jail, accused of plotting to “blow up a bridge in the Cleveland area,” according to the FBI’s triumphant press release/criminal complaint. As is always the case with FBI terror stings, the “sting” part involved the bureau’s informant/agent provocateur mostly inventing the plot the accused have now been arrested for. In this case, the five planned to detonate smoke bombs as a distraction as they “topple[d] financial institution signs atop high rise buildings in downtown Cleveland.” But the informant (as usual, a sketchy unnamed character with a checkered past) strongly pushed the group to seriously consider different, more extreme plots. At the end, some or all of them were going to plant C-4 on the Route 82 Brecksville-Northfield High Level Bridge over the Cuyahoga Valley National Park.

So what was initially a political action aimed at financial institutions somehow morphed into a supposed attempt to destroy or damage a piece of publicly owned infrastructure in a national park. Anarchists sure do hate bridges, and parks, I guess. (No parliament of men has the authority to designate which spaces are “national parks”! The whole world is the worker’s national park!)

The FBI’s affadavit suggests that there was never actually a serious “plot.” The gang tossed around the idea of “taking out” a bridge in order to stop people from getting to work, but they also thought maybe they could use their (pretend) C4 on a Klan rally, or a neo-Nazi organization, or an oil well, or the Federal Reserve Bank. They eventually decided to maybe sink a ship. All of their many plans were super serious and well-thought out. (“To prevent capture, he suggested getting tacks that they could throw out of the back of a car if they get in a chase.”) Eventually they settled on the bridge thing, sort of, and bought fake IEDs from the guy they already suspected was a cop.

In other words, these are a bunch of dumbasses even by the standards of amateur “black bloc” dumbasses. Do you know how I know these morons weren’t serious? They planned to download the Anarchist Cookbook and follow its notoriously awful instructions. Every experienced anarchist knows that the Feds have a mole in your group house, but these guys were mainly concerned with having someone’s “hacker friend” explain to them how bitcoins work. Without the FBI’s intervention the most damage these idiots would’ve ever caused is a broken Starbucks window. So thank god they’re off the streets, and congrats to the FBI for getting this tale of dangerous, bomb-planting anarchists onto the news broadcasts on the day of Occupy’s big May Day action.

(At least the Feds are branching out from only targeting Muslims in these ridiculous “stings.” Some day all Americans, regardless of creed or color, will have their circle of friends secretly infiltrated by a paid informant.)

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

U.S. intelligence unmasked

The author of a new FBI book talks about what being a spy is really like and ways to balance liberty and security

This interview first appeared in The Browser, as part of the FiveBooks series. Previous contributors include Paul Krugman, Woody Allen and Ian McEwan. For a daily selection of new article suggestions and FiveBooks interviews, check out The Browser or follow @TheBrowser on Twitter

The job of the intelligence services is to understand others and help leaders act more wisely, says Tim Weiner, the author of a new history of the FBI. There’s also, he tells us, a balance to be struck between liberty and security.

The BrowserYou have spent decades studying the inner workings of America’s intelligence system, and the past few years looking at newly released files from the FBI. What will we learn by reading your new history of the FBI, “Enemies”?

You will learn that the Bureau has served first and foremost as a secret intelligence service reporting to the president of the United States. In its first incarnation under J. Edgar Hoover, who ruled the Bureau for 48 years, the FBI was the president’s secret intelligence service. Today, 40 years after Hoover’s death, we still live in the shadow of his legacy. How do you run a secret intelligence agency in an open and democratic society? How do you balance national security and civil liberty? How can we be both safe and free? These are questions that Hoover struggled with, and that we struggle with still.

Your prize-winning book about the CIA, “Legacy of Ashes,” was called “a credible and damning indictment of U.S. intelligence policy” by Publishers Weekly. What are the counts in your indictment, if you agree with that assessment?

I certainly agree that “Legacy of Ashes” is credible, because every assertion is documented. There are about 200 pages of endnotes, and about 80 pages of endnotes in “Enemies.” When I say something, I back it up. But “Legacy of Ashes” is not an indictment of the CIA. The CIA and FBI are reflections of who we are as Americans. We are the most powerful nation on earth. We project our power across the globe, and in order to do that we need good intelligence. When intelligence fails, war happens and people die. When intelligence succeeds, war can be prevented and lives can be saved.

America is not very good at gathering intelligence, but we’re getting better. It’s understandable, because Americans have only been at it in a serious and concerted way since World War II. The British have been at it since Queen Elizabeth I, over five centuries. The Russians have been at it since Peter the Great. And the Chinese have been at it ever since Sun Tzu wrote “The Art of War,” so 26 centuries.

I want my books to serve not as an indictment but as a warning. If the U.S. doesn’t strike the balance correctly between security and countervailing concerns, we may lose our rights and our liberties, and we may not survive as a free republic. We have made many mistakes, the consequences of which can be measured in blood and treasure, but we are improving – particularly over the last three years.

Let’s turn to the books you’ve chosen, beginning with Sun Tzu. Tell us about “The Art of War,” and what an ancient Chinese military treatise has to do with contemporary U.S. intelligence.

Sun Tzu, a Chinese general 26 centuries ago, tells us: “If you know your enemies and know yourself, you can win a hundred battles without a single loss.” That is the mission of intelligence. We can build all the billion dollar spy satellites we want – and we do – but to know your enemy is to talk to him in his own language. That is the job of spies, and that is what “The Art of War” teaches.

Chapter seven focuses on the dangers of direct conflict. How do U.S. intelligence agencies, as Sun Tzu says, “subdue the enemy without fighting”?

Through intelligence. Intelligence is the art of war without weapons.

How about black ops?

Well, you need to define what that is. Is it disinformation, lying, cheating or stealing? Black ops can mean all of those things. It can mean propaganda. It can mean putting a spy in the enemy’s camp. It can mean putting a bomb under the hood of the car of an Iranian nuclear scientist. The phrase “black operations” encompasses a multitude of sins.

All of them committed by U.S. intelligence?

The last one I listed was the work of the Israelis.

Let’s turn to a 1964 book that brought to light the role that intelligence services played in U.S. foreign policy.

“The Invisible Government” was the first reported book that actually described what the CIA did. It was written almost 50 years ago, and was a landmark. It explained that the CIA was not James Bond, which was just then becoming popular – that intelligence was not a matter of flying into a foreign capital in a trench coat, overthrowing a government, having a martini, making love and then catching the next plane. It showed that intelligence was a difficult, dirty, dangerous and at times tedious business which was about information, and how information meant power.

So it’s a very good book that is still vital today. And David Wise is still writing great books about intelligence.

In the introduction, the author defines the invisible government as the “interlocking, hidden machinery that carries out the policies of the United States… a loose, amorphous grouping of individuals and agencies drawn from many parts of the visible government”, with the CIA “at its heart”. Is that 50-year-old description of America’s intelligence apparatus still accurate? How did 9/11 change the structure of U.S. intelligence?

Things got much more complex. There are now 17 different American intelligence services, with a bureaucracy of interlocking directorates above them overseen by the Director of National Intelligence. All of them are required to report to the secretary of defense, who in turn reports to the president. In the last three years things have gotten better, largely due to the author of our next book.

That author is former CIA director and U.S. secretary of defense, Robert Michael Gates.

Robert Gates was the head of the CIA under the first President Bush. Under the second President Bush, at the end of 2006, he succeeded the irascible Donald Rumsfeld as secretary of defense. He stayed on under Obama until just a few months ago.

Gates, as you can see in “From the Shadows,” really understands how intelligence can serve and do disservice to the president of the United States. He probably had more experience in intelligence than anyone who has ever been secretary of defense. The secretary of defense basically runs the show when it comes to intelligence. We spend somewhere just south of $100 billion a year – the precise amount is classified – on intelligence, and the secretary of defense controls 85 to 90 percent of that.

Tell us more about this book.

Bob Gates basically got off the bus from Wichita, Kan. in 1966 and went to work for the U.S. government. He went from the air force to the CIA. After learning Russian, he became an expert – as we defined it – on Russia during the Cold War. He himself never went to Russia until the Cold War was ending, even though he was considered to be among the leading experts on the USSR. He got off the plane and Gorbachev said to him: “How does it look from the ground?” Because the U.S. had been staring down at the Soviet Union from spy satellites and planes, but we didn’t understand what was going on on the ground. We could count the missiles, but we didn’t see the potatoes rotting in the field because there wasn’t enough fuel to take them to market.

Gates learned through bitter experience, over the course of half a century, how intelligence works. It’s an amazing book. And as secretary of defense he used that knowledge to improve our intelligence services.

What precisely is the relationship between the Department of Defense and the U.S. intelligence apparatus?

Ultimately, intelligence should serve the national security of the United States. When you get up in the morning and open the paper or turn on your computer, you want to know: Is the world safe? Is my country safe? Is my city safe? Is my family safe? That is what the president wants to know too, and that is the job of intelligence.

Can any flow chart explain the relationship between the 17 agencies that are part of the U.S. intelligence service and Department of Defense?

In theory, it’s a bunch of boxes that connect and send intelligence up through the director of national intelligence and the secretary of defense to the president. In the past, it has worked more like 17 different musicians with 17 different scores playing a cacophonous tune with the conductor flailing his arms madly. But we’re getting better at it.

Next you cite one of Barbara Tuchman’s lesser-known works of history, “The March of Folly.” Tell us about it.

In short, this is one of the greatest books ever written. Why did the Trojans take in the wooden horse? Why was America in Vietnam? Barbara Tuchman explores those questions, and the answer is folly – leaders acting against the interests of their constituents.

Folly explains so much of the history of world events. People believe that the world is run by conspiracies because that is what they read in novels and see on cheap TV series. But the course of world events is determined less by conspiracies than it is by stupidity. Why did the British lose the United States? How did the Renaissance popes bring on the Protestant reformation? Folly. Lack of intelligence.

Please connect the dots to our topic of intelligence.

Consider the three meanings of the word intelligence. It is the power of your mind; it is secret information; and it is secret action taken in the name of a nation. If we had more intelligence we would know our enemies, have fewer wars and there would be less folly throughout history.

If the Trojans knew the Greeks were in the horse, they wouldn’t have opened the gates.

Exactly. Why did they let the horse in? Folly.

“The March of Folly” is used to teach blind spot analysis in business schools, a method for uncovering faulty or obsolete assumptions. How do intelligence agencies perform blind spot analysis to prevent the sort of folly that Tuchman described?

“The March of Folly” explains how not to make decisions. Leaders must learn to act only out of enlightened self-interest. To use power wisely, they must make intelligent use of information. If they blunder on based on faulty assumptions, then the Greeks end up inside of Troy and Americans wind up mired in Vietnam for a decade.

Let’s end with George Orwell’s “1984.” Most of us know it, but please explain why you chose it.

None of us love Big Brother, but we all know he is part of the family. Big Brother is like the uncle we don’t like who has to be invited for Christmas. The question is: How do we live with Big Brother without him ruining our lives?

“1984″ described, in 1948, what the modern surveillance state was going to look like. At the time, J. Edgar Hoover was creating that surveillance state. He is the man who invented the fingerprint file. Every camera that stares down on us in Washington, New York and London, and every bit of biometric data collected on us, is a tribute to Hoover. The greatness of Orwell’s book is that he saw it coming and described it in terms we could understand. What Orwell foretold in “1984″ was already happening as the book was being published. And that is what my history of the FBI, “Enemies,” is about.

But you suggest that America’s Big Brother is a bit of a bumbling uncle.

Like I say, we’re relatively new at this. We’ve only been at this in a serious way since World War II. The lessons of Sun Tzu are 26 centuries old and we’re only just internalising them. So give us a chance.

Also, to know your enemy you must talk to him in his own language. Nowadays that might be Arabic or Pashto or Chinese or Urdu. We don’t speak those languages very well. We want everyone to speak English. We want everyone to look like us, think like us and be like us. That isn’t a very good cultural climate for producing successful intelligence, nor for the enduring projection of power.

During a visit to the FBI, as you point out, President Obama proclaimed “we must always reject as false the choice between our security and our ideals.” But you suggest that liberty and security are opposing forces. How has the pendulum swung between liberty and security? And which way is it swinging now?

In the introduction to “Enemies” I point out that Alexander Hamilton, writing in 1787, said almost exactly the same thing. We have to have liberty and security. They are opposing forces and there is a constant tug of war between them. We strive to strike the right balance.

I would argue that over the last three years we’ve been getting it less wrong than we once did. Have we been attacked in a serious way? No. Have we created any new secret prisons? No. It was the FBI who reported the abuses in Abu Ghraib. It was the FBI director, Robert Mueller, who stared down George W Bush and told him to scale back electronic eavesdropping. Robert Mueller is an ex-Marine and also a great respecter of civil liberties. He has said that he is not going to go down in history as the guy who won the war on terror but took away our civil liberties – because that would be a pyrrhic victory.

When the FBI makes mistakes under Mueller, it admits and corrects them. He and the people he reports to must strike the balance between liberty and security every day. Lately, we’re doing a pretty good job. There will always be mistakes. Getting the balance precisely right is extremely difficult and, like democracy itself, is a work in progress.

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The love J. Edgar Hoover does not deserve

Clint Eastwood's kindly biopic of the FBI director skims over the vicious racist

Leonardo DiCaprio in "J. Edgar"

Historic verisimilitude has never been Hollywood’s top priority, and its latest blockbuster, “J. Edgar,” is no exception.

Director Clint Eastwood, who often played the part of a lawman on the big screen, is now serving up what amounts to a brief for the defense of the FBI’s legendary director, J. Edgar Hoover (played by Leonardo DiCaprio).  In the process, Eastwood distorts the historical record, omitting  facts about Hoover’s ruthless abuse of power, and even sanitizing the infamous cross-dressing rumors involving America’s top cop.

The film deservedly gives Hoover credit for establishing the first federal police force that used modern forensics to nab bad guys, especially Prohibition-era gangsters whose grisly kidnappings and murders had captivated the public’s appetite for the lurid underworld of criminals and their molls. Eastwood also provides a plausible rationale for Hoover’s lifelong paranoia about Communism:  Soon after World War I ended, the Washington home of Hoover’s boss, Attorney General A. Mitchell Palmer, was bombed by an anarchist.

Fair enough.

But the biopic inaccurately portrays Hoover as a critic of Sen. Joe McCarthy. In fact, the FBI director was a crucial ally of the Red-baiting demagogue.  Indeed, at Hoover’s personal direction, agents spent hundreds of hours perusing FBI files to supply McCarthy with evidence of Communist subversion.   Hoover also coached McCarthy about how to insulate himself from criticism by labeling targets as “loyalty risks” instead of “card-carrying Communists,” which was harder to prove.  A Hoover deputy even instructed McCarthy on manipulating press coverage by releasing his attacks just before news deadlines so that reporters wouldn’t have time to interview the other side.

Nor does the film discuss Hoover’s order to “neutralize” Eastwood’s one-time costar, actress Jean Seberg, by falsely telling journalists that she was pregnant thanks to a leader of the Black Panthers.  Seberg later committed suicide; her family blamed the FBI smear.

The biopic does portray Hoover’s obsession with Martin Luther King Jr., ostensibly because of his ties to Soviet agents, which led to FBI bugs that captured the civil rights leader’s marital infidelity.  But here, too, “J. Edgar” underplays Hoover’s nefariousness.   In fact, the FBI planted listening devices in King’s home, office and hotel rooms, recording more than a dozen large tape reels whose contents Hoover provided to numerous parties: the president and vice president, the attorney general, the secretary of state, the secretary of defense, the CIA, the military, the United Nations, members of Congress, and the press.

What vital intelligence did Hoover disseminate?  That King, according to Hoover, was a “tom cat” with “obsessive degenerate sexual urges.”  The FBI claimed to have recorded King in flagrante during group sex parties in which, according to FBI transcripts, he boasted of his prowess (“I am the best pussy-eater in the world”) and invoked Jesus while in the throes of passion: “I’m fucking for God!”

Ultimately, FBI accounts of King’s sexual antics turned out to be embellished.  Although King committed adultery, a Hoover deputy involved in the smear campaign later admitted that the African-American voices captured on FBI bugs may actually have been those  of King’s associates;  to the white agents who made up Hoover’s force, all black voices evidently sounded the same.  Still, that didn’t stop Hoover’s minions from compiling yet another field report that spread the preposterous story that King, after accepting the Nobel Peace Prize, got drunk and chased prostitutes down the hallway of his Oslo hotel — while stark naked.

Hoover stubbornly believed his incendiary leaks would “destroy the burrhead.”  But they didn’t.  Despite Hoover’s best efforts to spread the dirty details, no member of the press reported on them; in the mid-1960s, such gossip-mongering was anathema to the mainstream media.  Still, no journalists had the courage to reveal the FBI’s witch hunt against King, either; news executives feared crossing Hoover no less than the politicians who were routinely blackmailed by him.  (According to author Curt Gentry, Hoover blocked a critical magazine article by circulating photos of the publisher’s wife performing fellatio on her black chauffeur.)

Even King’s assassination didn’t stop the FBI’s vilification.  Indeed, the worldwide grief over his murder made Hoover more determined than ever to resurrect the salacious stories about the martyr’s sex life.  This time, the FBI found a willing outlet: columnists Drew Pearson and Jack Anderson, who quoted from Hoover’s classified files about King’s “illicit love affair with the wife of a prominent Negro dentist.”  (Anderson later decided that Hoover had used him to implicate King in “a posthumous scandal, to turn even his death into a sordid affair.”  Three years later, Anderson paid him back by becoming the first prominent mainstream journalist to turn on Hoover — rifling through his trash, exposing his financial corruption and blackmailing techniques, even hinting that he was gay.)

And what about such gossip, including that Hoover had a secret double-life as a drag queen?  In Eastwood’s movie, the rumor is transformed from the erotic to the morose: Minutes after the death of Hoover’s mother, he grieves near her body, weeping mournfully as he dons her necklace and a favorite dress.  The lawman is not a sexual pervert, you see, just a faithful and bereaved son.

In truth, the outlandish cross-dressing story was circulated more than three decades after it allegedly occurred, when a witness of dubious credibility told writer Anthony Summers that she saw Hoover at a New York orgy, engaging in sex with young boys while reading a Bible. He was supposedly dressed in a red skirt, lace stockings, high heels and curly wig, a black feather boa around his neck and makeup with false eyelashes on his face.

Perhaps the posthumous vilification of Hoover as a depraved sexual hypocrite is only poetic justice; after all, during his lifetime, he was Washington’s consummate master of sexual slander and political blackmail.  But instead of ignoring the baseless transvestite story, “J. Edgar” attempts to sanitize it and rehabilitate Hoover’s image.

Even Eastwood’s depiction of the FBI director’s relationship with his longtime deputy and confidant — and reputed lover — gives Hoover the heterosexual benefit of the doubt.  Although Clyde Tolson (Armie Hammer) is portrayed as Hoover’s loyally swishy sidekick, Hoover returns the adoration with only a manly love, rebuffing Tolson’s overture to turn the relationship physical.  However tormented, Hoover remains in the end closeted even from himself.

To be sure, cinematic license is to be expected in such movies; feature films are not nonfiction biographies.  But given the known facts of Hoover’s life, Eastwood has painted his subject in the best light possible—better than he deserves and infinitely kinder than Hoover ever treated his many enemies, who included some of the most heroic figures of that tumultuous era.

Somewhere, J. Edgar Hoover is smiling: Clint Eastwood has made his day.

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Mark Feldstein, Richard Eaton Professor of Journalism at the University of Maryland, is the author of Poisoning the Press: Richard Nixon, Jack Anderson, and the Rise of Washington’s Scandal Culture, just released in paperback.

“J. Edgar”: Clint Eastwood’s lame and insulting Hoover biopic

Leonardo DiCaprio mumbles through this tepid, soft-focus saga of America's closeted secret policeman

Leonardo DiCaprio as J. Edgar Hoover in "J. Edgar"

We gather today to pay tribute to two genuine American icons, but without saying anything nice about either of them. Clint Eastwood has made a movie — or at least I think that’s what it is; the lighting is often so dim it’s difficult to make out — about longtime FBI director J. Edgar Hoover, who acted as the wacko third rail of American law enforcement for almost half a century. “J. Edgar” is one of those prestige Hollywood pictures that sounds, at first, as if it might be a good idea: a name director, a supposedly big star playing a major historical figure, and a script by young screenwriter Dustin Lance Black, who since “Milk” has become the go-to scribe for what is no doubt described in story meetings as “gay material.” But instead of a good idea, “J. Edgar” turns out to be one of the worst ideas anybody’s ever had, a mendacious, muddled, sub-mediocre mess that turns some of the most explosive episodes of the 20th century into bad domestic melodrama and refuses to take any clear position on one of American history’s most controversial figures.

I’ll get to the historical and political insults of “J. Edgar” shortly, and they are legion. But most of all it’s a boring and silly movie, which features Leonardo DiCaprio bumbling around his dreary, post-Victorian suite of offices, looking worried under a mountain of latex and makeup (when he plays the 1970s-era Hoover) and talking in one of those unplaceable, old-timey Northeast Corridor accents. (Admittedly, Hoover in life had a strange voice; he lived from birth to death in Washington, D.C., but spoke in an affected manner that sounded nothing like today’s mid-Atlantic accent.) It’s like a combination of acting-school exercises and the History Channel, with all the production values and dramatic intensity that suggests. Hoover’s longtime deputy director and presumed lover, Clyde Tolson, is played by Armie Hammer as — how do I put this delicately? — an absolute flaming queen, who uses the term “fashion-forward” during a department-store shopping expedition set in about 1930. For just a minute there, it looks as if “J. Edgar” is about to become “Queer Eye for the FBI,” and I’m profoundly sorry it doesn’t.

Actually, if there’s one area where Black’s lumpy screenplay, with its awkward chronological backing-and forthing, deserves some credit, it’s in the highly plausible account of Hoover’s relationship with Tolson. From early on in Hoover’s FBI career it was widely assumed that he was gay, but the evidence was always circumstantial and the handful of people who knew him personally always denied it. (The allegations that he was a cross-dresser came from only one source, and don’t match anything else we know about this intensely cautious and private individual. Most historians view them as urban myth.) I think the fairest thing to say is that it seems likely Hoover was primarily homosexual, despite his purported romance with actress Dorothy Lamour, but not at all clear whether he acted on those impulses. Black imagines Hoover and Tolson cohabiting as “confirmed bachelors,” in a state of permanently unresolved erotic tension, which would go a long way toward explaining the secret policeman’s massively screwed-up psychology.

But when we get back to the question of how Hoover’s psychology affected his exercise of power, “J. Edgar” goes from being just a minor melodrama about a conflicted and closeted gay man to being simultaneously stupid, offensive and random. Historical characters appear and disappear in shticky little pieces — Jessica Hecht as Emma Goldman, Josh Lucas as Charles Lindbergh, Jeffrey Donovan doing the world’s worst “pahk the cah in Hahvehd Yahd” accent as Robert F. Kennedy, Christopher Shyer as Richard Nixon — without ever seeming to justify their presence on the stage. You get the feeling they’ve all got a problem with Hoover, but you’re never sure why. Maybe they just found him a weird and distasteful little man, which is certainly how he comes across. On the other hand, it might be helpful if this movie made the point that Hoover was as close as we’ve ever come (so far) to having an unelected dictator, and that the only real reason he didn’t become a Stalin-level tyrant was the constraint of a democratic political system he could not entirely subvert, much as he tried.

Eastwood and Black certainly bring up many of the things that made Hoover so noxious, beginning with the Palmer raids of 1919-20, which resulted in the arrests of thousands of communists and anarchists who had committed no crime. At the tender age of 24, Hoover was appointed to head a special Red-hunting branch of what was then called the Bureau of Investigations, which launched his long career as a self-appointed guardian of American political rectitude, devoted to stamping out dissident opinion wherever it cropped up, and whether or not constitutional rights got trampled in the process. “J. Edgar” makes clear that Hoover conducted secret surveillance on suspected Commies in Franklin D. Roosevelt’s New Deal administration, including first lady Eleanor Roosevelt (who purportedly had a lesbian affair with a reporter); perjured himself before Congress; conducted an especially vile counterintelligence program aimed at undermining the Rev. Martin Luther King Jr. and other civil-rights leaders; and generally turned a blind eye to organized crime in his relentless persecution of left-wingers.

But you get almost no sense of the extent or intensity with which Hoover mobilized the federal government’s police force to crack down on unconventional political opinion. The second Red Scare of the Joe McCarthy 1950s is never mentioned, nor is the word COINTELPRO, and Hoover’s vicious racism is largely ignored. (Intriguingly, the rumors that Hoover was gay were echoed, during his lifetime, by speculation that he might be partly black.) Furthermore, all this stuff is presented as quirky side info in a story about a weird dude who lived with his mom (Judi Dench, giving the only tolerable performance in the whole film) and had a lifelong boyfriend he maybe never slept with. Oh, and he was way ahead of his time when it came to fingerprinting. Did I mention that? Everybody pooh-poohed his interest in bringing forensic science to law enforcement, and now look! Yes, Hoover was a liar, a cheat, a hypocrite, quite likely a paranoid sociopath and incipient fascist, a terrifying incarnation of many of the worst currents of American political opinion in one individual. OK, yeah, that’s all true — but his real legacy is found in “CSI: Miami.”

Just in case you think I have some kind of personal bias when it comes to J. Edgar Hoover, well, I plead 100 percent guilty. He ruined the lives of countless innocent people and was instrumental in spreading the idea that the Constitution doesn’t apply to people who say bad things about the government. He pretty much built the slippery slide that led to the national-security state of the last decade, when civil liberties have been eviscerated and privacy is a sham. (I will further add that he personally supervised the surveillance and harassment of my mother, her then-husband and many of their colleagues in the 1940s labor movement, and I’ve seen the files to prove it.) If there’s a darker figure in American history since the Civil War, I’m really not sure who it is. Nixon? George W. Bush? Not even close. Dick Cheney? Only in his undead dreams. I only wish I believed in hell so I could believe that it wasn’t hot enough for John Edgar Hoover.

But in all honesty, I’d much rather see a vigorous, propagandistic, right-wing defense of Hoover as a bastion of true Americanism than this tepid, long-winded and phony-looking exercise, which sort of implies that, on the one hand, he wasn’t a very nice man but, on the other, he was an actual human being who suffered pain. But honestly, what can we expect from Clint Eastwood at this point? This movie says a great deal more about him, I’m afraid, than it does about J. Edgar Hoover. And what it says is that one of the greatest American screen actors of the 20th century has squandered much of that legacy in the 21st by becoming a director of indifferent Oscar-bait movies that look handsome on the surface but have nothing to say, and that nobody ever wants to watch twice. Even by the dismal recent standards of “Hereafter” and “Invictus” and “Changeling” this movie is a disappointment, because watching it once is bad enough, and because it may leave younger viewers with the impression that J. Edgar Hoover was mostly important to history because he wasn’t gay enough to have decent fashion sense.

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