Torture If You Must, But
Do Not Under Any Circumstances Call the New
York Times
By Dan Froomkin
January 27, 2015 "ICH"
- "The
Intercept" - -
Monday’s
guilty verdict in the trial of former
CIA officer Jeffrey Sterling on espionage
charges — for talking to a newspaper
reporter — is the latest milepost on the
dark and dismal path Barack Obama has
traveled since his inaugural promises to
usher in a “new era of openness.”
Far from rejecting the
authoritarian bent of his presidential
predecessor, Obama has simply
adjusted it, adding his own personal
touches, most notably an enthusiasm for
criminally prosecuting the kinds of leaks
that are essential to a free press.
The Sterling case –
especially in light of Obama’s complicity in
the cover-up of torture during the Bush
administration – sends a clear message to
people in government service: You won’t get
in trouble as long as you do what you’re
told (even torture people). But if you talk
to a reporter and tell him something we want
kept secret, we will spare no effort to
destroy you.
There’s really no sign any
more of the former community organizer who
joyously
declared on his first full day in office
that “there’s been too much secrecy in this
city… Starting today, every agency and
department should know that this
administration stands on the side not of
those who seek to withhold information but
those who seek to make it known.”
Instead, as author
Scott Horton explained to me a few weeks
ago, Obama’s thinking on these issues was
swayed by John Brennan, the former senior
adviser he eventually named CIA director.
And for Brennan and his ilk, secrecy is a
core value — partly for legitimate national
security reasons and partly as an
impregnable shield against embarrassment and
accountability.
The Sterling case was
until recently an even more direct attack on
a free press, as Obama administration
prosecutors repeatedly demanded testimony
from New York Times reporter James
Risen, who wrote about the botched plot
against the Iranian government that they
charged Sterling with divulging.
Risen’s testimony was
crucial to their case, they said – although
evidently it wasn’t. And their argument was
that U.S. law recognizes
no such thing as reporter’s privilege
when a journalist received what the
government considers an illegal leak.
Attorney General Eric
Holder finally retreated from that
particular attack on press freedom earlier
this month, as my colleague
Lynn Oberlander explained. Holder also
announced revisions of DOJ policy on
questioning journalists or obtaining
information from media organizations about
their sources. But as Oberlander put it,
“the policy still leaves a fair amount of
leeway for national security investigations
— some of the most important reporting often
based on confidential sources.”
Meanwhile, former CIA
officer
John Kiriakou is in prison, serving the
last days of his over two-year sentence
not for torturing anyone, but for
revealing information on torture to a
reporter.
Stephen Kim,
a former State Department official who pled
guilty to leaking classified information to
a Fox News reporter, faces 13 months in
prison.
And
Thomas Drake, a former NSA official who
provided classified information about
mismanagement at his agency to a
Baltimore Sun reporter, endured a
four-year persecution by the government that
the federal judge in his case called
“unconscionable,” before prosecutors dropped
all 10 felony charges and settled for a
single guilty plea on a misdemeanor. The
government’s message nevertheless was loud
and clear. As secrecy expert Steven
Aftergood told me: “In every significant
sense, the government won, because it
demonstrated the price of nonconformity.”
All of this has been
happening during a two-decade-long shift in
the
cultural norms of the U.S. government,
whereby reporters are now routinely blocked
from communicating with staff unless they
are tracked and/or monitored by public
relations controllers.
And government officials
are being told very clearly that their
personal right to free speech does not
extend to their work life, nowhere more
clearly than in the intelligence community,
where a
new directive forbids employees from
discussing “intelligence-related
information” with a reporter unless they
have specific authorization to do so, even
if it’s unclassified.
Not surprisingly, the
Obama administration has flunked
transparency scorecards and has
failed to follow the requirements of the
Freedom of Information Act.
By contrast, neither Obama
nor Holder ever seriously contemplated any
kind of prosecution or accountability for
the application of torture – a heinous
assault on human rights – that was rampant
during the Bush era. Holder
repeatedly and effusively ruled out any
possible prosecution of those who followed
orders they were told were legal. And Obama
made it clear that he would not second-guess
the people who gave the orders – a prima
facie case of what my colleague Glenn
Greenwald calls
elite immunity.
Looking ahead to 2016, the
prospects are grim. None of the major
candidates for president have said anything
half as powerful about openness,
transparency and accountability as Obama
did. And look where that got us.
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