The real danger from classified leaks
A new NYT story shows the administration's hypocritical attitude towards the release of classified information
A U.S. Predator drone flies over the moon above Kandahar Air Field, southern Afghanistan; President Barack Obama; the New York Times building. (Credit: AP/Reuters) It’s worthwhile to expand on one point I made at the end of yesterday’s discussion of the leaking by anonymous DOJ officials of selected portions of the Awlaki memo to The New York Times‘ Charlie Savage. As Marcy Wheeler noted, “What was leaked to Savage is MORE classified than anything Bradley Manning is alleged to have leaked.” But as I added last night, given that these anonymous DOJ officials appear to have been on a mission to justify the President’s assassination order as legal and just, it’s probably inadvisable to hold your breath waiting for the criminal leak investigation to begin.
This highlights a vital point: the Obama administration’s chronic, self-serving and dangerous game-playing with classified information. The New York Times‘ Public Editor, Arthur Brisbane, had a good column yesterday on the administration’s obsessive secrecy when it comes to assassinations, drones and the killing of U.S. citizens. With regard to the administration’s refusal even to account for the legal principles it has embraced governing whom the President can order killed, the Public Editor writes: “it should be intolerable that the question goes unanswered.” But far worse, Brisbane notes that the administration manipulates and exploits its secrecy powers by leaking snippets to the media which glorify President Obama while concealing everything else:
After the drone strike, The Times and others lit up with accounts of the event, and unnamed government officials poured forth with comments. There was no mistaking the administration’s eagerness to put its antiterrorism success on display. . . . The administration invokes secrecy to shield the details while simultaneously deploying a campaign of leaks to build public support. For The Times, and its peers, this dynamic is beyond awkward: it gives the appearance that the government is manipulating them.
The reason that behavior “gives the appearance that the government is manipulating” the media is because that is the reality. If a government employee leaks classified information that exposes wrongdoing on the part of the President or his aides or otherwise embarrasses them, he is prosecuted without mercy; at the same time, the President and his aides constantly leak bits of classified information (which remain classified) in order to benefit the President politically. Thus, when it suits them, they dole out snippets of information about how the Tough, Strong President killed the Bad Guy with brutal efficiency and bravery — and how his lawyers said it was permissible — but all the details necessary to assess the accuracy of those claims and any information which contradicts them remain suppressed, and if anyone exposes them, they face lengthy prison terms. Brisbane added:
“How can the U.S. government have rules that spell out when it can use lethal force, even against a U.S. citizen, and not let the rest of the citizens know what those rules are?” Jane Mayer, who has written about the drone program for The New Yorker, said in an e-mail to me. “The press ought to be able to get access to and describe the legal opinions that govern this program. As we saw with the torture memos, which eventually leaked, legal reasoning can be extraordinarily revealing, and important” . . . .
The public has a right to know, and assess, the legal rationale for these extraordinary and highly visible state killings. The public should have documented details concerning civilian casualties of the drone strikes.
But while The Most Transparent Adminstration Ever refuses to provide even this basic information about the Awlaki killing, it manipulates its secrecy powers to ensure that the only information that is known is information that can be used to venerate the Leader. The same thing happened with the bin Laden killing: the Obama administration has resisted efforts to declassify and disclose videos, documents and photographs regarding the raid that killed him — requests motivated by the administration’s multiple inconsistent and ultimately false statements about what took place and lingering questions about what happened — but then oh-so-mysteriously showed little interest (i.e., none) in discovering and punishing those who orally fed The New Yorker supposed details of the raid that produced an uncritical hagiography of those, including the President, responsible for the bin Laden killing.
This game-playing with secrecy powers has been going on for quite some time. In the wake of the 2005 disclosure that the Bush adminstration was spying on Americans without warrants, we suddenly learned from an anonymous government leaker that the Bush administration had a super-top-secret program in place to detect unusual radioactivity in the nation’s mosques and the monitoring was even conducted without warrants – a leak which helpfully suggested, at the height of the NSA controversy, that Muslims in this country may be trying to radiate your children but that the administration is using super-sophisticated and stealth means even if they are a little bit illegal (just like warrantless eavesdropping) to protect and save us all. While the Bush administration was obsessed with punishing those responsible for the NSA leak — to the point of publicly threatening The New York Times with criminal prosecution — they, needless to say, displayed no interest in learning the identity of those who leaked their heroic efforts to detect radiation at mosques.
The problem of “overclassification” receives some attention (though not nearly the level of media condemnation as what is heaped on those who engage in unauthorized leaks (at least the leaks the Government dislikes)). But the problem is much worse than mere execssive secrecy. Anyone who purports concern over the harmful leaking of classified information should look first to the Obama administration, which uses secrecy powers as a manipulative tool to propagandize the citizenry: trumpeting information that makes the leader and his government look good while suppressing anything with the force of criminal law that does the opposite. Using secrecy powers to propagandize the citizenry this way is infinitely more harmful than any of the leaks the Obama administration has so aggressively prosecuted.
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Speaking of secrecy obssession: U.S. citizen Jacob Appelbaum was identified as a WikiLeaks spokesman last year. Since then, despite being charged with (let alone convicted of) no crime whatsoever, he has — all without any search warrants – had his laptop, cellphone and camera seized at the airport; been repeatedly subjected to detention every time he re-enters the country; had people whose only crime was to appear in his telephone subjected to similar harrassment; had orders issued for information showing his Twitter activities and communications; and now, as The Wall Street Journal reports today, has had a secret Order served by the DOJ on Google and another internet provider for an array of information relating to his email activity (including the list of those with whom he has corresponded by email over the last two years: I’m happy to say I’m one of those correspondents).
The Fourth Amendment to the Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that “no Warrants shall issue, but upon probable cause.” In light of everything the U.S. Government has been able to seize regarding Appelbaum without a single search warrant — laptops, cellphones, cameras, memory sticks, Twitter activity, electronic goods of his friends, interrogation via forcible detention, and now lists of his email correspondents and other information showing his email activity — is there any rational conclusion other than to view that Amendment as an absurd joke?
Likely victory for MeK shills
Former U.S. officials, paid to advocate for a designated Terror group, are now on the verge of succeeding
MEK fighters in Iraq. (Credit: AP/Brennan Linsley) (updated below)
A bipartisan band of former Washington officials and politicians has spent the last two years aggressively advocating on behalf of the Mujahedin-e Khalq (MeK), an Iranian dissident group that has been formally designated for the last 15 years by the U.S. State Department as a “foreign Terrorist organization.” Most of those former officials have been paid large sums of money to speak at MeK events and meet with its leaders, thus developing far more extensive relations with this Terror group than many marginalized Muslims who have been prosecuted and punished with lengthy prison terms for “materially supporting a Terrorist organization.” These bipartisan MeK advocates have been demanding the group’s removal from the Terror list, advocacy that has continued unabated despite (or, more accurately, because of ) reports that MeK is trained and funded by the Israelis and has been perpetrating acts of violence on Iranian soil aimed at that country’s civilian nuclear scientists and facilities (also known as: Terrorism).
Continue Reading CloseAndrew Sullivan’s father figure
The tearful Newsweek writer speaks on why paternalistic acceptance from the president is so meaningful
Andrew Sullivan at a White House state dinner in March. (Credit: AP/Charles Dharapak) (updated below – Update II – Update III [Tues.] – Update IV [Tues.])
Andrew Sullivan — who has become the most reliable media hagiographer of an American President since . . . . the 2002 version of Andrew Sullivan under President Bush — spent the past three years continuously insisting that President Obama’s opposition to same-sex marriages was largely irrelevant (“We will win not by begging presidents to back us (they have no role in a matter involving state legislatures, governors and courts”)). Based on that view, he constantly berated gay groups and gay activists for complaining about Obama’s opposition to marriage equality: “this desperate desire among some gays for some kind of affirmation from one man is a little sad,” he wrote just last week. But that was when President Obama opposed same-sex marriage, so defending the President required one to voice that position.
Continue Reading CloseChomsky on Obama
Bush disappeared and tortured those the US disliked, while the Obama administration simply "murders them"
Noam Chomsky (Credit: Reuters/Jorge Dan) Appearing on Democracy Now this morning, Noam Chomsky said the following:
If the Bush administration didn’t like somebody, they’d kidnap them and send them to torture chambers.
If the Obama administration decides they don’t like somebody, they murder them.
Though a bit oversimpified — the Bush administration killed plenty of people, while the Obama administration makes use of kidnapping and torture chambers albeit by proxy; also, as this tweeter noted: it’s “unfair to say the Obama administration kills those it doesn’t like, since they claim power to kill people without even knowing who they are” – this concise comparison just about about sums it up. But it’s important to note that President Obama has progressivism in his heart and that makes all the difference in the world.
Continue Reading CloseVarious matters
Causes of Yemeni terrorism, Obama and marriage equality, lawlessness in Libya, and the 2012 election
(1) On Wednesday, I was on Cenk Uygur’s Current TV show with Michael Hastings discussing the Yemen bomb plot, and the video of that seven-minute segment is below. The discussion focused on the way in which U.S. “counter-Terrorism” policy in Yemen causes the very Terrorism it ostensibly seeks to battle. Yesterday, The Washington Post reported on several U.S. attacks in Yemen from this week alone and noted: “The latest strikes, aimed at al-Qaeda operatives in southern Yemen, bring the total this year to at least 15, about as many as in the previous 10 years combined“; just this morning, 17 more people were killed by U.S. airstrikes in Southern Yemen. The Obama administration recently leaked that it was escalating its attacks in Yemen to target those who names it does not know — not only with drones but also from the sea — and The Nation‘s Jeremy Scahill wrote this week that still more escalation is likely: “It seems there’s going to be a pretty serious, widespread bombing campaign with ground support in southern Yemen very soon.”
Continue Reading CloseWall Street’s immunity
Why has the Obama administration so aggressively protected the financial industry from legal accountability?
President Obama and Eric Holder (Credit: Reuters/Larry Downing) (updated below)
Of all the ignominious actions of the Obama administration, the steadfast, systematic shielding of Wall Street from criminal liability is probably the most corrupt in the traditional sense of that word. In Newsweek this week, Peter Boyer and Peter Schweizer have an excellent examination of what happened and why, tying together crucial threads. First they lay out the basic facts, including the core deceit of the President’s campaigning for re-election like he’s some sort of populist crusader:
Continue Reading ClosePage 1 of 331 in Glenn Greenwald
