Barack Obama
Jane Mayer on the Obama war on whistle-blowers
In a must-read article, the New Yorker documents Obama's war on whistle-blowers, and growing legacy
President Barack Obama boards Air Force One at Andrews Air Force Base, Md., Tuesday, May 10, 2011, as he travels to the U.S.-Mexico border at El Paso, Texas, to speak about immigration reform, Tuesday, May 10, 2011. (AP Photo/Charles Dharapak)(Credit: AP) In a just released, lengthy New Yorker article, Jane Mayer — with the diligence and thoroughness she used to expose the Bush torture regime — examines a topic I’ve written about many times here: the Obama administration’s unprecedented war on whistleblowers generally, and its persecution of NSA whistleblower Thomas Drake in particular (Drake exposed massive waste, excess and perhaps illegality in numerous NSA programs). Mayer’s article is what I’d describe as the must-read magazine article of the month, and I encourage everyone to read it in its entirety, but I just want to highlight a few passages. First, we have this:
When President Barack Obama took office, in 2009, he championed the cause of government transparency, and spoke admiringly of whistle-blowers, whom he described as “often the best source of information about waste, fraud, and abuse in government.” But the Obama Administration has pursued leak prosecutions with a surprising relentlessness. Including the Drake case, it has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks — more such prosecutions than have occurred in all previous Administrations combined. The Drake case is one of two that Obama’s Justice Department has carried over from the Bush years.
Gabriel Schoenfeld, a conservative political scientist at the Hudson Institute, who, in his book “Necessary Secrets” (2010), argues for more stringent protection of classified information, says, “Ironically, Obama has presided over the most draconian crackdown on leaks in our history — even more so than Nixon.”
When it comes to civil liberties and transparency — cornerstones of the Obama campaign — those two paragraphs are a perfect microcosm of what has taken place. And Mayer did not even include this quote about whistleblowers from candidate Obama: ”Such acts of courage and patriotism . . . should be encouraged rather than stifled.” Apparently, by “encouraged,” he meant: “snuffed out with relentless prosecution and intimidation.”
But for the real microcosm of the Obama legacy in these areas, Mayer offers this:
Jack Balkin, a liberal law professor at Yale, agrees that the increase in leak prosecutions is part of a larger transformation. “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state,” he says. In his view, zealous leak prosecutions are consonant with other political shifts since 9/11: the emergence of a vast new security bureaucracy, in which at least two and a half million people hold confidential, secret, or top-secret clearances; huge expenditures on electronic monitoring, along with a reinterpretation of the law in order to sanction it; and corporate partnerships with the government that have transformed the counterterrorism industry into a powerful lobbying force. Obama, Balkin says, has “systematically adopted policies consistent with the second term of the Bush Administration.”
If someone asked me to point to a single paragraph that best conveys the prime, enduring impact of the Obama presidency, I’d point to that one.
As for why serious tensions developed between Drake and his NSA superiors, Mayer explains that it originated with the post-9/11 work of NSA mathematician (and political conservative) Bill Binney, whose work was intended to fix the NSA’s flaws that allowed the 9/11 plot to go undetected but was quickly exploited far beyond that purpose by Bush’s NSA:
Binney expressed terrible remorse over the way some of his algorithms were used after 9/11. ThinThread, the “little program” that he invented to track enemies outside the U.S., “got twisted,” and was used for both foreign and domestic spying: “I should apologize to the American people. It’s violated everyone’s rights. It can be used to eavesdrop on the whole world.” According to Binney, Drake took his side against the N.S.A.’s management and, as a result, became a political target within the agency.
The prohibition on domestic spying was long one of the NSA’s central mandates, and objecting to the agency’s post-9/11 use of its awesome technology to turn inward on the American people is about as pure whistleblowing as it gets. Recall what former Idaho Senator Frank Church said about the NSA after his mid-1970s Committee uncovered decades of severe surveillance abuses under virtually every President since World War II: ”That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide.” Mayer also details how Drake raised objections to what he suspected (rightly) was the NSA’s illegal eavesdropping on Americans without the warrants required by FISA.
Thomas Drake is a hero who deserves a Medal of Freedom Honor. Instead, the Obama administration seeks to imprison him for decades while steadfastly protecting from prosecution — or judicial review of any kind — the high-level government officials who systematically broke the law. Put another way — from the last paragraph of Mayer’s article:
Mark Klein, the former A.T. & T. employee who exposed the telecom-company wiretaps, is also dismayed by the Drake case. “I think it’s outrageous,” he says. “The Bush people have been let off. The telecom companies got immunity. The only people Obama has prosecuted are the whistle-blowers.”
And that’s to say nothing of the full-scale immunity also given thus far to Goldman Sachs, Bank of America, Merrill, and the mortgage fraudsters who have essentially stolen people’s homes. About what motivates Obama’s conduct — his virtually complete reversal from the campaign pledges — Drake offers this speculation:
“I actually had hopes for Obama,” he said. He had not only expected the President to roll back the prosecutions launched by the Bush Administration; he had thought that Bush Administration officials would be investigated for overstepping the law in the “war on terror.”
“But power is incredibly destructive,” Drake said. “It’s a weird, pathological thing. I also think the intelligence community coöpted Obama, because he’s rather naïve about national security. He’s accepted the fear and secrecy. We’re in a scary space in this country.”
On Twitter this morning, The American Prospect‘s Adam Serwer said of the New Yorker article: ”Jane Mayer does to warrantless wiretapping what she did to torture.” That’s true, but one could just as accurately say that Mayer does to the Obama administration what she did to the Bush administration: expose its most rotted attributes. What I’ve discussed here is but a small portion of the article. Read the whole thing to get the full picture of how devoted this President is to the National Security and Surveillance State he pretended to want to reform and to the preservation (and strengthening) of the sprawling secrecy regime that enables its corruption.
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The Supreme Court today refused to hear an appeal from the Ninth Circuit’s decision upholding the Bush/Obama version of the “state secrets privilege” and thus denying a torture victim the right to sue in court for what was done to him (on the ground that even the torture regime — and its enabling renditions program — are far too vital of state secrets to permit judicial review). Serwer describes the implications here.
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
First NATO protest targets Obama
A small rally kicks off a week of protests in Chicago and makes clear the president is a target in his city
Rahm Emanuel and President Obama (Credit: Reuters/John Gress) In the first week of November 2008, tens of thousands of people gathered in Chicago to watch dewy-eyed as Barack Obama won the presidential election, believing, as the then-president-elect said in his victory speech, that “this time must be different.” This week, the Windy City is welcoming large crowds again — but as was made clear by a small protest action Monday — the president is not the sweetheart of these Chicago masses, which are assembling for a week of actions and protests surrounding the NATO summit.
Continue Reading CloseNatasha 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 More Natasha Lennard.
Culture war commencements
Obama's speech at Barnard and Romney's at Liberty were a stark illustration of their ideological differences
President Obama at Barnard College and Mitt Romney at Liberty University
(Credit: AP) It’s come to this: “An incredibly boring white guy.” That was how a “Republican official familiar with the campaign officials” described the “prized pick” for Mitt Romney’s vice presidential candidate. Framed as the Romney campaign’s desire not to make John McCain’s mistakes, it distills something fundamental about this election — how it’s become a culture war in the most profound sense, one way of looking at the world diametrically opposed to the other.
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Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com. More Irin Carmon.
America’s drone exceptionalism
Always the world leader, our country has pioneered terrifyingly expansive new rules for drone warfare
(Credit: Salon/Shutterstock) Here’s the essence of it: you can trust America’s crème de la crème, the most elevated, responsible people, no matter what weapons, what powers, you put in their hands. No need to constantly look over their shoulders.
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Continue Reading CloseTom Engelhardt, co-founder of the American Empire Project, runs the Nation Institute's TomDispatch.com. His latest book, "The United States of Fear" (Haymarket Books), has just been published. More Tom Engelhardt.
Using Bush’s playbook
"Karl Rove politics" aren't quite dead: Obama's strategy in 2012 will mirror W's in 2004
George W. Bush and Barack Obama (Credit: Reuters/Larry Downing) Barack Obama’s presidency was born from nothing so much as his repudiation of George W. Bush’s administration — its policies and politics, its style and tone. One of Obama’s most effective 2008 stump speech refrains was his promise to end the era of “Scooter Libby justice, ‘Brownie’ incompetence and Karl Rove politics.”
But the political dynamics for winning a second presidential term often differ markedly from winning the first. So don’t be surprised by many eerie parallels between Obama’s 2012 reelection bid and Bush’s 2004 campaign. The president may not rely upon “Karl Rove politics” in the strictest sense, and nobody would confuse David Axelrod with Rove. But Obama’s reelection route and rhetoric may bear more than a few Rovian hallmarks.
Continue Reading CloseObama’s next moves on marriage
The president should speak out against state marriage bans and stop enforcing DOMA
President Obama (Credit: Reuters/Yuri Gripas) President Obama’s support for same-sex marriage is a huge victory for the gay rights movement, but it’s also a qualified one. Obama said he still supports the right of states to deny couples same-sex marriage rights, but “personally,” he thinks that’s wrong. In addition to making Obama’s stance on gay rights a bit less incoherent — how much sense did it make for him to oppose both gay-marriage and the gay-marriage ban in North Carolina, which passed on Tuesday? — the president’s much-anticipated “evolution” opens the door for him to be a more fierce advocate for gay rights.
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