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Urgent: Chelsea Manning is running out of time. We have just days left to get 100,000 signatures calling for President Obama to commute her sentence to time served. December 9, 2016

Posted by rogerhollander in Barack Obama, Criminal Justice, Uncategorized, Whistle-blowing.
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Transparency activist Chelsea Manning has already spent more time behind bars than any other whistleblower in U.S. history. [1] She’s been systematically mistreated, subjected to torture, and denied access to desperately needed health care while serving a 35 year sentence in an all-male military prison.

And if we don’t do something right now, Chelsea’s life is literally in danger. Sign this urgent petition calling for Chelsea’s release. The deadline is next week!KT Mcfarland, the incoming administration’s pick for Deputy National Security Advisor, has repeatedly called for Chelsea to be executed. [2] Her situation is about to go from bad to worse.

Chelsea has already attempted to commit suicide twice as a direct result of years of psychological torture she’s endured and the inhumane conditions of her captivity. [3]

The Obama Administration is directly responsible for Chelsea’s unnecessary suffering. Now the President has one last chance to do the right thing, but he’ll only do it if we generate a massive outcry, right now.

Chelsea risked everything to do what she felt was right. Click here to sign the petition calling for President Obama to commute her sentence before he leaves office.

We’ve already got nearly 50,000 signatures on a “WhiteHouse.gov” petition calling supporting Chelsea’s request that President Obama grant her clemency and reduce her sentence to “Time Served.”

Our allies in Washington, DC suggest that this is much more likely than Obama offering a pardon, and if we get enough people to sign, there’s a chance we can get Chelsea free, and possibly save her life in the process.

If we get more than 100,000 signatures by December 14th, President Obama will have to respond. This could be our last chance. Chelsea is depending on us.

Time is running out! Click here to sign the petition now.

I talked to Chelsea on the phone just last week. She is always so humble, brave, and grateful for all of your support.

Please forward this email to everyone you know. If all of us act now, it could make all the difference for Chelsea’s future.

Here’s the link: https://petitions.whitehouse.gov/petition/commute-chelsea-mannings-sentence-time-served-1

More soon,

-Evan at Fight for the Future

SOURCES:
[1] Learn more at https://www.freechelsea.com

[2] CNN: http://www.cnn.com/2016/12/02/politics/kfile-kt-mcfarland-manning-assange/

[3] The Guardian: https://www.theguardian.com/us-news/2016/nov/04/chelsea-manning-second-suicide-attempt-attorneys-prison-sentence

 

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The Unknown Whistleblower June 4, 2015

Posted by rogerhollander in Asia, Genocide, History, Imperialism, Torture, Vietnam, War, Whistle-blowing.
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Roger’s note: torture and corrupt imperial aggression didn’t begin with George W. Bush (1492 might be a good place to start).  Here we have documented Vietnam War the torture regime (under presidents Eisenhower, Kennedy, Johnson and Nixon) and the beginning of the murderous (and counterproductive) doctrine and strategy of massive bombing that is alive and well in Iraq and Syria today (along with its little brother drone killing machine).

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The Secret Origins of the CIA’s Torture Program and the Forgotten Man Who Tried to Expose It

 

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Daniel Ellsberg (left) and his less well known colleague Anthony Russo (r) were charged with theft and unauthorized possession of classified documents under the Espionage Act in 1971, but were eventually acquitted. (File)

The witness reported men being hung by the feet or the thumbs, waterboarded, given electric shocks to the genitals, and suffering from extended solitary confinement in what he said were indescribably inhumane conditions. It’s the sort of description that might have come right out of the executive summary of the Senate torture report released last December. In this case, however, the testimony was not about a “black site” somewhere in the Greater Middle East, nor was it a description from Abu Ghraib, nor in fact from this century at all.

The testimony came from Vietnam; the year was 1968; the witness was Anthony J. Russo, one of the first Americans to report on the systematic torture of enemy combatants by CIA operatives and other U.S. agents in that long-gone war. The acts Russo described became commonplace in the news post-9/11 and he would prove to be an early example of what also became commonplace in our century: a whistleblower who found himself on the wrong side of the law and so was prosecuted for releasing the secret truth about the acts of our government.

Determined to shine a light on what he called “the truth held prisoner,” Russo blew the whistle on American torture policy in Vietnam and on an intelligence debacle at the center of Vietnam decision-making that helped turn that war into the nightmare it was. Neither of his revelations saw the light of day in his own time or ours and while Daniel Ellsberg, his compatriot and companion in revelation, remains a major figure for his role in releasing the Pentagon Papers, Russo is a forgotten man.

That’s too bad. He shouldn’t be forgotten. His is, unfortunately, a story of our times as well as his.

The CIA Interrogation Center, Saigon

Before him sat the enemy.  VC.  Vietcong. He was slender, a decade older than the 28-year-old American, and cautious in his initial responses.  The American offered him a cigarette. “Smoke?”

Anthony Russo liked to befriend his subjects, finding that sharing a cigarette or a beer and congenial conversation could improve an interview’s results.

This man’s all right, Russo thought — unlike the one he had interviewed when he first arrived in Saigon. That prisoner hadsat before him, quivering in fear, pleading for his life.“Are you going to kill me?” the distraught man had said repeatedly, his thumbs red and bulbous from being strung up.

Torture was not something Russo had anticipated when he took the job. A civilian with a rank equivalent to major working for the RAND Corporation, he had arrived in the South Vietnamese capital on February 22, 1965, and was briefed on his mission. Russo was to meet the enemy face-to-face and figure out what made them tick. On that first day, he could hear General Richard Stilwell, chief of staff of Military Assistance Command Vietnam (MACV), barking orders from the next room: “You get every goddamn plane in the air that you can!”

Russo thought the war would be over in a few weeks,months at worst.

Instead of the limited conflict he expected, years slipped by. Bombs fell, villages were decimated, the fabric of Vietnamese life assaulted. Russo persisted with his interviews ofVietcong prisoners, witnessing the after-effects of torture in nearly every instance.

It’s hard to pinpoint just when the shift occurred in the young man who came to Southeast Asia to “promote democracy.” But as one tour of duty extended to two, contact with the enemy changed not their hearts and minds, but his. On the eve of the 1968 Tet Offensive, he returned to the United States intent on challenging the war, a chance he would get, helping his friend and RAND co-worker Daniel Ellsbergwith the Pentagon Papers.

That secret history of U.S. decision-making in Vietnam, a massive compilation of internal government memoranda and analyses, had been quietly commissioned by Secretary of Defense Robert McNamara in 1967 to assess what had gone wrong in Vietnam. Ellsberg leaked the Papers to the press in mid-1971, setting off a political firestorm and First Amendment crisis. He would be indicted on charges of espionage, conspiracy, and theft of government property, and would face a maximum penalty of 115 years in prison. Charges were also brought against Russo, who was suspected of complicity, after he refused to testify before a grand jury. He was jailed for 47 days for contempt and faced a possible sentence of 35 years in prison if convicted.

Ellsberg’s leak led to a Supreme Court decision on prior restraint, a landmark First Amendment case. Though all the charges were ultimately dropped, the leak and its aftermath had major political fallout, contributing to the demise of the presidency of Richard Nixon and forming a dramatic chapter on the path to U.S. defeat in Vietnam.

Ellsberg became a twentieth-century hero, applauded in print and film, his name nearly synonymous with the Pentagon Papers, but Russo, the young accomplice who goaded Ellsberg to go public, has been nearly forgotten. Yet he was, according to Ellsberg, the first person to document the systematic torture of enemy combatants in Vietnam. If no one knows this, it’s because his report on the subject remains buried in the vaults of the RAND Corporation, the think tank that did research for the Pentagon in Vietnam. Similarly, while the use of unprecedented airpower against the civilian populations of Vietnam, Laos, and Cambodia inspired international calls for war crimes trials in the 1970s, Russo’s exposure of the fabrication of data that propped up that air war remains but a footnote in Vietnam War historiography, unknown to all but a handful of academics.

He has remained “the other conspirator.” Ellsberg later conceded that he probably wouldn’t have thought of releasing the Papers if Russo hadn’t prodded him to “put that out” and helped copy them in a series of all-night sessions. But Russo would take a backseat to Ellsberg, who had snuck the massive set of documents out of RAND headquarters and released them to the New York Times, the Washington Post, and 18 other news organizations.

The two of them would become the antiwar movement’s odd couple. Ellsberg was articulate, suave, and fashionable; Russo opted for hippie attire, long hair, and impossibly bushy sideburns, a style of dress that fit with his growing political radicalism. Russo and his attorney, Leonard Weinglass, devised a bold — some said reckless — defense strategy focused on using expert witness testimony to put the U.S. prosecution of the war on trial. Weinglass would emerge as a star attorney on the case, even — in the opinion of some observers — eclipsing Ellsberg’s senior lawyer, Leonard Boudin. But his client kept getting into trouble: scrawling a wiseacre comment on evidence before the court, handing a prosecution witness a press release that accused him of war crimes, peppering his statements to the press with movement jargon. In the end, Russo’s leftwing antics would help marginalize him and bury the story he had to tell.

The Think Tank

It all started in a nondescript mid-century building on Main Street in sunny Santa Monica, California. There, the RAND Corporation, a quasi-private think tank with a cozy relationship with the Air Force and Washington power brokers, dreamed up study projects for the Department of Defense.

RAND, an acronym for “research and development,” was launched in 1946 as a private research arm of the Army Air Forces, whose successor, the Air Force, would remain its primary financial backer and client for years to come.  The think tank’s work ranged from weapons development to advanced strategic thinking on how to wage — or avert — nuclear war.  RAND theorists would set the parameters for strategic defense thinking for decades, with the likes of Herman Kahn, once dubbed the “heavyweight of the megadeath intellectuals”; Thomas Schelling, Nobel laureate in economics for his work on game theory and the originator of “tacit bargaining”; and Albert Wohlstetter, the godfather of RAND’s nuclear strategists who devised the concepts of “second strike,” “fail safe,” and what he called the “delicate balance of terror” (aka “deterrence”).

In 1961, as President John F. Kennedy launched a counterinsurgency effort that would see its first expression in Vietnam, the think tank took on the study of guerilla war, falling into an easy alliance with the Department of Defense and Robert S. McNamara, the numbers man at its head. Thinking he could apply a systems analysis approach to national defense, Secretary of Defense McNamara had turned to the leader in the field for ideas and manpower. From RAND, he recruited heavily to help lead the counterinsurgency charge in Vietnam, creating a team popularly known as “McNamara’s Whiz Kids.” And he turned to RAND for an answer to an essential strategic question: “What makes the Vietcong tick?”

“M&M” would become the institution’s shorthand for the Vietcong Motivation and Morale Study that resulted, an attempt to apply social science to the study of enemy motivation. Russo was eager to join the effort. Elizabeth Gibbs, who married him in 1964, said that her young husband was preoccupied with the threat of guerilla war and wanted to see action on the front lines of the counterinsurgency effort.

Fascinated by flight, Russo had pursued aeronautical engineering in a cooperative work-study program run by Virginia Polytechnic Institute and NASA’s Langley Research Center, where he worked on the first Mercury space capsule.  He then went to graduate school at Princeton, specializing in plasma physics. After just a year there, however, he took up the study of national defense policy at its Woodrow Wilson School of Public and International Affairs, receiving master’s degrees in both engineering and public affairs in 1964. An ambitious academic, he also exhibited an unruly, prankster side.  In one of his moments of youthful excess — a story he liked to tell — he cemented a commode to a Virginia war memorial, an act that might be considered a foreshadowing of things to come.

At Princeton, Russo studied under four men he called “heavyweights”: Oskar Morgenstern, an originator with Schelling of game theory; Cold War theorists Klaus Knorr and George Kennan; and Richard Falk, an expert on international law and the lone dove among Russo’s mentors. Falk argued against the move to RAND. But Russo, impressed by the think tank’s influence in the highest echelons of U.S. policymaking, jumped at the opportunity. Within six months he had secured an assignment to Vietnam.

Russo arrived in Saigon in February 1965 and met Leon Goure, his boss and future nemesis, just as the U.S. bombing campaign against North Vietnam was beginning and only two weeks before the first United States Marines landed at Danang.  His job was to meet the enemy.

The M&M

“How many people in your village work for the Front?”

“Everyone in the village works for the Front,” the prisoner responded in Vietnamese, translated by the young man at Russo’s side.  His village was in the Cu Chi district, an area near Saigon under Vietcong control. Russo would later describe it as the birthplace of southern resistance to the French and then American armies. Despite their vastly superior arms, the South Vietnamese Army and its American allies rarely ventured into the prisoner’s village for fear of the VC’s deadly resistance methods.  

“How was your village defended?” he asked.

“It had pit traps with bamboo spikes, grenade booby traps.  It was surrounded by bamboo hedges,” the prisoner responded and then explained in detail how the villagers organized their resistance.

Physically fit and tall, Russo towered over the former cadre.  He felt anything but complacent, however, about the enemy he faced, having barely escaped a bomb that had recently exploded in a Saigon restaurant where he was planning to have dinner.

“Why does the Vietcong use terrorism against women and children?” Russo asked.  Until now, he had been careful to call the enemy military by its homegrown name, “the Front,” rather than the pejorative “Vietcong.” Emotion must have caused him to break protocol.

He was part of the second M&M study team. Joseph Zasloff and John Donnell, analysts from the initial team, had reported their results in Washington at a meeting attended by Assistant Secretary of Defense for International Security Affairs John T. McNaughton and Henry Rowen (who would later head RAND). They described the Vietcong as a unified, disciplined army that already acted as an alternative government in large swaths of SouthVietnam with widespread support from the population, prompting a shocked McNaughton to comment that it sounded as if the U.S. had signed up with the wrong — and losing — side. Daniel Ellsberg, who then worked for McNaughton, witnessed the exchange.

The Zasloff-Donnell report, however, came too late for an audience that had already made up its mind. The previous March, President Lyndon Johnson’s National Security Advisor McGeorge Bundy had urged an expanded war even as the president campaigned for a full term in office with a promise to keep American soldiers out of Vietnam. Meanwhile, within the military, a struggle for dominance was underway, with Air Force Chief of Staff Curtis LeMay, instrumental in the founding of RAND, agitating for a bigger role for air power.

Then came the Tonkin Gulf incident in August 1964. As presented by President Lyndon Johnson, the destroyer USS Maddox was innocently sailing through the Gulf of Tonkin when attacked by North Vietnamese torpedo boats followed, two nights later, by a second attack on the Maddox and the USS Turner Joy.  Johnson orderedmilitary action “in reply,” and Congress quickly passed the Gulf of Tonkin Resolution giving the president carte blanche to repeatedly intensify the war. The claim of two separate attacks would, however, prove untrue, as Daniel Ellsberg would attest. It had been his first night on the job in the Pentagon.

At RAND, the stage was set for Leon Goure, an analyst acclaimed for his work on Soviet civil defense preparations. Goure had toured Vietnam and visited RAND’s Saigon operation in 1964. Upon his return to the U.S., he proposed that the M&M project be redefined with a critical twist. No longer would it focus solely on an assessment of enemy motivation and morale. It would now identify what kinds of weaponry would be most likely to demoralize that enemy, with an emphasis on air power.

A meeting with his friend LeMay cemented the deal. He would later report that “by the strings he pulled, LeMay assured continuation of the project” under Goure’s lead. At that time, the Air Force still provided two-thirds of RAND’s funding, a connection the new lead analyst made no attempt to hide.

The Answer Is Always Bombing

Susan Morrell could scarcely believe it. As RAND’s Saigon-based administrative assistant, it fell to her to pick up her new boss at the airport on his arrival. Making the Vietnam version of small talk on the way back to town, she asked Goure if he planned to use the existing protocol for enemy interviews or wanted to start over from scratch.

“I’ve got the answer right here,” he responded with a pat on his briefcase.

“What do you mean?” asked Morrell.

“When the Air Force is footing the bill, the answer is always bombing.”

Decades later, Morrell told RAND historian Mai Elliott that it was a moment seared into her memory and in those early days she wasn’t the only RAND staffer to observe Goure’s special affinity for the Air Force. At their first meeting, for instance, Russo remembered Goure commenting on that service’s unhappiness with the Zasloff-Donnell study.  Zasloff himself was still in Saigon when Goure arrived and would soon accuse his successor of pandering to the Air Force. Half a century later, in a phone interview just before his death, Zasloff still lamented that his intelligence data hadn’t changed the course of the war and Goure’s had.

Goure’s work on Soviet civil defense was then widely known. In 1961, he claimed that the Soviets had trained 50 million citizens in civil defense procedures, were readying a massive system of bomb shelters to ride out a nuclear conflagration, and so were preparing to absorb a preemptive nuclear strike. His research seemed to have frightening implications: U.S. reliance on what was then called mutual assured destruction, or MAD, to stop a nuclear war suddenly appeared insufficient. The Soviets could strike preemptively if they thought national survival after a nuclear attack was possible. Kennedy stepped into the heated debate in July 1961 with a call for a $207 million appropriation for civil defense. That October, he began to encourage Americans to build their own private shelters for protection from nuclear fallout. Goure became a sought after expert.

In fact, his work would be challenged by New York Times journalist Harrison Salisbury, who questioned Goure’s sources, found observers who vigorously challenged his conclusions, and made his own 12,000-mile trip across the Soviet Union and found them unsubstantiated.  But nothing, it seemed, could crack Goure’s reputation in Washington.

The year 1961 had been a seminal moment for Russo, too.  His lifelong friend and future technology consultant William Grossmann recalled them driving to their NASA jobs together, one day in Russo’s white 1959 Ford convertible, the next in Grossmann’s white Chevy convertible — and on weekends, sharing heady conversation and wooing girls. The two like-minded Southerners had each taken stands against segregation, while worrying about the bomb, totalitarianism, and the “containment” of Communism. They were impressed that Kennedy had forced the Russians to stand down in the Cuban missile crisis. The same, both believed, could happen in Vietnam. On arrival in Saigon, Russo wrote Grossmann that the Vietnamese “are going to have to get used to it. We’re going to have to be the policemen for a while.”

Russo found himself at the epicenter of American intelligence-gathering in Vietnam. RAND’s Saigon villa became the requisite “prestige stop” for anyone with an interest in the war. By day, it served as a command center; at night, it hosted dinner parties for visiting luminaries, high-ranking figures in the military, the CIA, and members of the press. Goure was the star attraction. In that initial critical period of massive escalation, he provided the perfect mix of optimistic analysis and an engaging personality and so became the “go to” intelligence man in town.

Though Goure wrote research memoranda, RAND’s usual stock in trade, it was on the briefing circuit that he truly shone. His message, reported directly to Westmoreland,the top military commander in Vietnam, the Joint Chiefs of Staff, Secretary of Defense McNamara, and others at the Pentagon, was unambiguous: the Vietcong were losing their resolve in the face of U.S. military might, especially airpower. Goure quickly established himself as the Air Force’s best pitchman.

It’s hard to overstate his influence. McNamara was so enamored of his message that, on first hearing him in June 1965, he offered to up the M&M budget on the spot from $100,000 to $1,000,000. As one analyst later quipped, the secretary of defense “lapped up Goure’s analysis like good scotch.” Journalists repeated his claim that the Vietcong were heading for defeat as the daily body count became a staple of war coverage.

Russo, who attended some of Goure’s Saigon briefings, remembered how he liked to brag that RAND had “the best damned intelligence in Saigon.” It would take some time for Russo to realize that his boss’s prescription for military success didn’t match the data.

The Cadre from Cu Chi

Intent on answering McNamara’s question about what made the Vietcong tick, Russo focused on his interviews with enemy prisoners. With full access and a small team of Vietnamese interviewers under his supervision, he visited detention sites all over South Vietnam, including the CIA’s National Interrogation Center in Saigon. Of all the interviews he conducted, the one with that cadre from Cu Chi would most deeply challenge his assumptions about Vietnam. He kept a copy of it, which he published in the left-leaning magazine Ramparts in October 1972, and spoke about it whenever he could, including at his Pentagon Papers trial.

He never knew the prisoner’s name; he was identified in the transcript only as AG132. Over the course of two days in May 1965, Russo sat in his cell listening to his views on Vietnamese history, the political forces at play in his country, and Vietcong organizing strategy and tactics. When the cadre blamed the Americans for the deaths of women and children, Russo took a new tack, initiating what he called a “friendly chat” about world politics, the American role in Vietnam, and the civil rights movement in the U.S.

“Even though I don’t know first hand what it means to be burned out, pillaged, and raped, I grew up knowing it had happened to my ancestors,” Russo would later say.  While there is no record of how Russo described his personal history to that cadre, his comments to me years after in private interviews and public conversation provide a window onto what he might well have said. Unemployed and with time on his hands in 1990, Russo held daily court at the Boulangerie, a cafe on Main Street in Santa Monica, just blocks from the RAND Corporation. There, he regaled a small audience with old stories and political analysis.

With a twinkle in his eye, he would say that the short answer to why he got involved with the Pentagon Papers was that the British had burned his hometown of Holland, Virginia, to the ground. He was proud to call it a hotbed of sedition.

While he liked to portray himself as the descendent of America’s first revolutionaries, his Civil War heritage was harder to reconcile. Race was the first issue to challenge his personal worldview. Russo attended a segregated high school and then hung out with black friends he had met working at the local golf course.  By the time he got to Virginia Polytechnic, the battle over court-mandated school integration had engulfed the state, with Senator Harry F. Byrd leading the segregationist charge. When Russo got Lionel Hampton to play for a school dance he organized, the university dean, anticipating that a black musician would attract a mixed crowd, demanded that the audience be segregated. Russo defied the order and black and white attendees packed the event.

“We integrated Burrus Hall,” Russo would say.  “I see that as my first political act.  We stood up for justice.”

He had a way of telling and retelling the stories that were most important to him, so I suspect that he told the Cu Chi cadre of his own experience with civil rights in the South. And perhaps, even under those circumstances — and even through a translator –made the prisoner laugh, as he had a way of telling a spirited tale.

Whatever he said, it appeared to affect the cadre as he hoped it would for he scribbled in the margin of his notebook, “The chat proved to be very successful and the subject’s attitude changed visibly.” Their talk then turned back to the situation at hand and the cadre accused the Americans and their South Vietnamese allies of blocking the election, agreed upon in the 1954 Geneva Accords that ended the French War, an election which would almost assuredly have brought Communist leader Ho Chi Minh to power and reunified Vietnam. A group of schoolteachers from his village, AG132 told Russo, had been imprisoned simply for writing a petition demanding those elections and peace.

The prisoner added that local government officials were, in his opinion, directed and controlled by the Americans who had the same intentions as the French colonialists before them. “The concrete evidence,”said the cadre, “makes the Americans identical to the French. But much more clever.”  He summed the situation up this way: “The aims of the Americans are very nice. They fight for freedom and equality. It is very nice to talk about a free world, but I have not seen any good deeds. All I saw was evil.”

By the end of the interview, AG132 had confronted every issue that would later prove troublesome to Russo, including the indiscriminant bombing campaigns, the use of chemical defoliants, and torture.

The cadre’s analysis clearly unsettled the young American, who saw himself as a liberator, not an occupier. In an interview with filmmaker Peter Davis, he would later acknowledge how disturbed he was when the prisoner insisted that the Vietnamese hated the Americans and admitted that he then tried to defend his country, to show that “everything about America wasn’t bad.”

“He was very disdainful of me, but I was fascinated by him,” Russo said.  By the end, “I had a great deal of admiration for him. He recited a poem for me. It was very moving to hear him recite this poem right in the middle of this interrogation room in a jail where I knew people had been tortured, if not killed.”

AG132, Russo later testified, had been tortured on multiple occasions. Historical research, including the work of Alfred McCoy, an expert on CIA torture practices, buttresses Russo’s statements about the brutal treatment of Vietcong prisoners. McCoy, for instance, quotes a military intelligence veteran who told a 1971 House subcommittee that, during his 18-month stint in Vietnam, not a single Vietcong suspect had survived the interrogations he witnessed.

Russo’s interview with AG132 took place only three months after he landed in Saigon. Though he would return to it again and again in the ensuing years, some time would pass before he became convinced that he was actually on the side of the aggressor.

His wife remembers him still defending U.S. intentions in Vietnam in the spring of 1965. By that summer, however, Russo and other RAND analysts were questioning their boss’s methodology and intentions. They still found themselves reaching conclusions nearly identical to those of Zasloff and Donnell: that the Vietcong represented peasant aspirations and weren’t likely to be bested by air power or any other kind of U.S. military action.

On a sweltering June day in 1965, Russo and Goure were together when word came in that the most powerful bombers in the U.S. arsenal, B-52s, had been approved for use in Vietnam. Russo knew airplanes and understood full well the kind of destruction B-52s would bring with them. For Goure, the decision was advocacy put into action and he would extol the B-52’s power to destabilize the enemy in his next report. In it, he was careful to note that civilians should be warned of such bombings by leaflets dropped in advance of a raid to insure against any popular backlash.

A month later, Russo would meet an old man at a detainment center clutching one of those warning leaflets. His village had been warned, just as Goure had said, but the bombers came a day early, wiping out nearly all of its inhabitants. “Why?” he cried.  It was a moment Russo would not forget.

Breaking the Enemy

Torture hadn’t been part of the job description when Russo signed on at RAND.  Of the first victim he met, he said, “I never will forget. He was washed out, looked very sad. He told the translator that he had been hung up by his thumbs and that they beat him real bad. They thought he had thrown a bomb,” though he proclaimed his innocence.

“That was one of the first interviews that I did. It was very sobering. I saw that a person could be broken badly.” The interview tape then goes silent for more than a minute as Russo struggled to regain his composure.

He reported the incident to the American captain who was his contact there only to experience the first of many official brush-offs when it came to torture. Russo said prisoners were tortured “as a matter of course” and reported specific forms of abuse including men being hung by the feet or thumbs, waterboarding, electric shocks to the genitals, and solitary confinement in “a dark cell, a dark, dank, dirty — very dirty cell.”

It is no accident that the torture methods he documented are strikingly similar to those revealed in the December 2014 Senate torture report. Vietnam was the first testing ground for what historian McCoy termed a new paradigm in the practice of torture developed by the CIA. The Agency had launched a multi-billion dollar research program on human cognition in search of techniques to protect U.S. forces in the event of capture by the Soviets. Finding that a potent combination of sensory deprivation and “self-inflicted pain” was more effective than centuries-old methods of physical torture and produced profound psychological regression in their test subjects, the CIA applied the same techniques to enemy interrogation. While they emphasized destruction of the psyche, physical brutalization was also employed. In Vietnam, this included electric shocks, beatings, rape, and the deaths of prisoners in “pump and dump” procedures, named for the process of pumping detainees for information and then dumping their bodies. Russo was witnessing the beginnings of what would become institutionalized CIA torture practices that would span four decades and four continents.

When asked about torture performed by Americans, Russo said a “CIA man” at the National Interrogation Center in Saigon told him in great detail on numerous occasions about the Agency’s torture techniques, including in one case the hanging of a man by his feet while a “piano wire noose was slipped around his genitals.” The CIA operative, he said, grinned as he told him that the prisoner never talked.

Russo documented every instance of torture he encountered. He later wrote that the interview reports were full of “embarrassing stories of atrocities and crimes against humanity” and he argued bitterly with Goure over his boss’s order to “sanitize” the interview transcripts by removing all mention of abuse. Though Russo defied the order, Goure controlled the final drafts.

Then there was the torture paper that Ellsberg has repeatedly said was the first to document American complicity in the routine use of torture and one of three papers that would ultimately get Russo fired. That document was either squashed in internal review or it remains classified, presumably buried somewhere in the think tank’s archives.

There is no reliable information on how much of RAND’s Vietnam-era work still remains off limits to the public. The think tank responded to a 2013 request of mine for Russo’s and other missing reports by saying that the “documents you have requested have not been cleared for public release and are not available.”

Making Russo’s missing torture report public, if it still exists, would provide eyewitness data supporting the burgeoning body of evidence that CIA torture practices have a long and sordid history beginning in Vietnam.

Trouble with the Data

Goure had fabricated his data to emphasize the efficacy and importance of air power and his analysts knew it. At the RAND villa, an open split developed, with Russo leading the group who wanted to expose their boss. He and his roommate, analyst Douglass Scott, spent long nights discussing “what to do about Leon.” Finally, with a third analyst, Russell Betts, they wrote the head of RAND’s Social Science department in the spring of 1966 about the improprieties they had found in Goure’s research methodology.

A succession of three RAND envoys came to Saigon to investigate and by summer a controversy raged on both sides of the Pacific. Russo and Scott had been particularly incensed that Goure signed their names to a February 1966 memorandum that again cited the benefits of air power, which was increasingly targeting rural villages, and proposed that the refugee crisis offered “a major opportunity to pacify” the population. It also pointed out that the chemicals that came to be known as Agent Orange could control movement of the population while also denying food to the guerillas. Russo and Scott fought to get their names removed without success. Around the time their whistleblowing letter hit Santa Monica, Goure amplified his arugument, proposing that the U.S. adopt a deliberate program to generate refugees.

Meanwhile, Goure’s prescriptions for success were being passed up the chain of command. The president’s phone records show McNamara using the February report to offer encouragement to Johnson that the American counterinsurgency operation was working. Influential Washington columnist Drew Pearson would capture Goure’s effect on the president in his famous May 1966 comment: “For the first time [he] sees light at the end of the tunnel.”

At this point, RAND’s leadership knew that Goure’s data, relied upon by both the Pentagon and President Johnson, was questionable at best and decided to pull Goure from the M&M study. The think tank couldn’t, however, get rid of him. He had secured his position with a direct line to the White House through National Security Adviser Walt Rostow, a hawk, architect of Vietnam policy, and staunch Goure supporter. Thanks in part to him, President Johnson, who reportedly sometimes carried a summary of Goure’s conclusions in his pocket for discussions with journalists, would continue to ride a wave of optimism in this period.

Though Russo never let his wife in on his conflict with Goure — he was, Gibbs said, too conscious of his secrecy oath to disclose such problems — she saw a changed man when he visited her in Bangkok on leave in November 1965.He wasmorose and withdrawn. When they returned to Santa Monica at the end of his first tour of duty in September 1966, Russo set to work at RAND headquarters trying to counter the most pernicious aspects of what he’d witnessed. Off work, he took to the hills of Topanga Canyon on his motorcycle, leaving Gibbs home alone. They would soon divorce.

Outside of RAND, the flaws in Goure’s analysis would gradually be noted. Westmoreland expressed his first doubts in late 1965 and McNamara began to worry when the general upped his request for new ground troops to 410,000 that winter. In February 1966, the secretary of defense confided to a few journalists that “no amount of bombing can end the war,” though he continued to maintain a façade of confidence in the war effort.

The bombing levels were by then unprecedented in the history of air power. From March 1965 through November 1968, Operation Rolling Thunder unleashed 800 tons of munitions a day on North Vietnam, a total of a million bombs, rockets, and missiles. Even more bombs were dropped in the South with estimates ranging from seven million to eight million tons of them, not to mention 70 million liters of defoliants, as well as napalmand other anti-personnel weapons.  Then, of course, there was the massive bombing of neighboring Laos and later Cambodia.

Yet victory never came into view. Instead of drawing down, the administration only intensified the air war, sidelining the doubters, including — as he grew ever more disillusioned — McNamara himself. In August 1967, he testified before the Senate Armed Services Committee that the air raids had not broken Vietcong morale and that, short of the “virtual annihilation of North Vietnam and its people,” the air war could not succeed. Johnson quickly forced him out of the administration. At his farewell luncheon, a Johnson aide reported that the secretary of defense’s voice broke and there were tears in his eyes as he spoke of the futility of the air war. Later, he would acknowledge more than two million Vietnamese deaths. 

Knowing the cause was lost, McNamara had by then ordered the production of the Pentagon Papers, the secret history that he hoped would avert future such disasters.

The Second Tour of Duty

Back in Santa Monica, Russo wrote a critical evaluation of the Motivation and Morale Study, which is still classified. He was also drafting an argument against the defoliation program, already in its sixth year, when, in September 1967, he was called back to Vietnam for a six-month tour of duty.

He found Saigon changed — Americanized, overrun with prostitution and corruption, expensive and dirty. Goure at least was gone, removed from the M&M crew in April by RAND’s new president Henry Rowen, who had been at that Zasloff and Donnell debriefing years earlier.

Once again, Russo felt hopeful that fact-based intelligence could rule the day. His cost analysis of defoliation, written in what he called “RAND systemspeak,” showed that while the chemicals sprayed did little to deprive revolutionary forces of food, they were having a profoundly destructive impact on the civilian population.  He estimated that for every pound of food that defoliation denied a guerilla, 100 pounds were denied to civilians. But when he got his moment to brief Westmoreland’s scientific advisor on the subject, he was dismissed in under 15 minutes. Frustrated but undeterred, he set to work disproving a RAND socio-economic study that claimed widespread peasant support for the U.S. backed South Vietnamese army. Again, his work would not be well received.

Russo left Saigon just as the Tet Offensive, a vivid demonstration of the enemy’s resilience, began to unfold on January 30, 1968. He said he could see wrecked planes beneath him as he passed over Danang Air Base.

It’s likely that he wrote the missing torture report in the early months of 1968, a period when the CIA’s use of torture expanded dramatically under the notorious Phoenix Program.

During Russo’s stint in Vietnam, the CIA actually oversaw three separate operations that employed torture: its own interrogation centers, 40 provincial interrogation centers run by Vietnamese with CIA training and supervision, and a training program that schooled 85,000 Vietnamese police in torture techniques, part of a worldwide operation. Russo left Vietnam shortly after the Agency brought the three operations under one counterinsurgency umbrella. The Phoenix Program, designed to destroy the “civilian infrastructure” of the National Liberation Front, would be one of its major operations.

William Colby, the chief of “pacification” in Vietnam who would later become the CIA’s director, informed a House Operations Subcommittee in July 1971 that the Phoenix Program had killed 20,587 Vietcong suspects. Other sources quote figures as much as four times higher. Russo’s paper had done nothing to stop the carnage.

In May 1968, the new head of RAND’s economics department fired him. Associates were told to keep their distance from him during the six-month grace period he was given to find other employment. Ellsberg was the only RAND associate who argued for his reinstatement.  

Meanwhile, though relieved of leadership of the M&M, Goure held onto a job at RAND, even returning to Vietnam in 1968 as head of a new study of enemy infiltration rates. He would finally leave in 1969 to become the director of Soviet studies at the University of Miami. There, he would contribute his “expertise”to another front in the war against Communism: Cuba.

In fact, Goure’s “best damned intelligence” had proved to be an intelligence debacle for the ages. After Ellsberg and Russo took the Pentagon Papers public, Russo was eager to expose one thing that mammoth document hadn’t: how a single think tank under contract to the government and far from the public eye, along with its highly touted expert in counterinsurgency warfare, had disastrously affected policy from behind the scenes.

His two Ramparts exposés (one aptly titled “The RAND Papers”) and his testimony at his trial were generally ignored by the mainstream media. Goure’s reputation remained remarkably unsullied and he would continue to be a player in the formulation of foreign policy. In 1980, for example, he was invited onto a panel of advisers to presidential hopeful Ronald Reagan. In 1991, by then the director of Soviet studies at Science Applications International Corporation, he participated in an International Security Council round table discussion of future Russian military policy. Past and future Secretary of Defense Donald Rumsfeld was in attendance.

Much of his work, however, was conducted in the shadows. He died in 2007. Stanford University holds the Goure Papers collection, a testament to his enduring legacy. Anthony Russo would not fare so well.

Charged With Espionage

“Russo weeps as he tells jury about change in views on war,” read the New York Times headline on the 66th day of the Pentagon Papers trial when Russo told the story of the Cu Chi cadre to the jury.

He had already published the cadre interview in Ramparts. Now, he again turned to the Vietcong prisoner who had come to symbolize for him all that was wrong with U.S. policy in Vietnam. As he would confide to filmmaker Peter Davis, the memory of that prisoner never left him. He was convinced that if other Americans met their enemy, if he could give that enemy a human face, the public would fully abandon Washington’s efforts to destroy them.

He compared the depersonalization of the Vietnamese to the Nazi depiction of the Jews. “If you don’t know who the Vietnamese people are, it is much easier to be racist.  It’s much easier to kill them.  This really is a lesson from World War II. Racist attitudes made it possible to manifest hatred and to undertake the extermination campaigns. Well, this really is what the United States is doing in Vietnam. The United States is exterminating the Vietnamese. And the United States couldn’t do this, no American, no human being could do this, if he really knew who the Vietnamese are.”

In the trial’s aftermath, Russo would be progressively marginalized, his claims about the M&M study ignored or written off as the ravings of a leftwing radical. But in its heady days, he reveled in his whistleblower role. Ten months after it began, prosecutor David Nissen’s case was in shambles. Revelations that the government wiretapped the defendants had resulted in a Supreme Court-ordered stay and then mistrial in its first round. And it had only got worse.

Soon enough, the press revealed that President Nixon’s right-hand man, John Erlichman, had introduced presiding trial judge William Byrne, Jr., to the president in his home and had discussed his possible appointment as FBI director — a clear impropriety in the middle of an espionage case. And then it hit the news that convicted Watergate conspirators G. Gordon Liddy and E. Howard Hunt, Jr., had burglarized the office of Daniel Ellsberg’s psychiatrist.

On April 30, 1973, just days after the first news of that burglary, which tied the Pentagon Papers case to Watergate, a set of dominoes lay on the prosecution table. Each domino was labeled — Hunt, Liddy, Erlichman, Byrne, and so on — the last domino had Nixon’s name. It was Russo’s prank.

On May 1st, Erlichman’s domino fell when the news broke that he had admitted to the FBI his knowledge of the break-in at the office of Ellsberg’s psychiatrist.  On May 2nd, the last domino did indeed fall.  It was revealed that President Nixon had been informed of that break-inat least a week before the court knew about it.

On May 11th, Judge Byrne dismissed all charges against Ellsberg and Russo.

Postscript: Validation by RAND

Seventeen years later, Russo told me that a single realization had changed his mind about the war. He had, he said, been misinformed about the Vietcong. “They were not the enemy we were told they were.”

I asked what had most surprised him in his interviews with Vietnamese prisoners.

“The extent to which they cared about principle,” he answered. “The extent to which they had legitimacy, every reason in the world to be fighting. They were very admirable and very likeable. Very likeable. Natural friends of Americans.”

As for his participation in the release of the Pentagon Papers, he summed up his reasons in a single sentence: “It would have been un-American not to do it.”

Russo died in 2008 before RAND verified his claims about the Motivation and Morale Study in an extensive history written by Mai Elliott (herself a former M&M interviewer and interpreter) under contract to RAND and published in 2010. Her book, RAND in Southeast Asia: A History of the Vietnam War Era, forms a fitting sequel to the Pentagon Papers, with a carefully documented tale of how intelligence can go terribly wrong.

Elliott’s book validates nearly all of Russo’s claims. It confirms, for instance, that Goure did act as a pitchman for the air war, selling a prescription for military success that didn’t faintly match the data at hand. It details Goure’s outsized influence on policymakers and Russo’s claim that evidence of torture by U.S. forces and allies was systematically removed under Goure’s orders. She even quotes former RAND President Gus Shubert’s admission that the assignment of Goure to the Motivation and Morale Study appeared to represent collusion between his RAND predecessor and the Air Force, which he termed a “disgrace.”

In the end, Elliott, and by extension RAND, corroborate and elaborate on nearly every claim Russo made in his 1972 Ramparts articles. Only one of Russo’s charges was rejected: that the think tank was complicit in war crimes.

Never one to mince words, Russo called the M&M a “whitewash of genocide” and “a justification of genocide cloaked in the mantle of RAND social science,” accusations that echoed growing popular sentiment for war crimes trials and that must have held terrible personal resonance for a man whose name is there in black and white, attached to the call for the ever greater use of air power, defoliation, and the displacement of rural populations as tools of war.  

Today, Anthony Russo is gone, his report on torture disappeared, and his legacy perhaps doomed to obscurity.  RAND, meanwhile, continues to churn out studies for the military; the Air Force continues to drop bombs and fire missiles from Iraq to Afghanistan, Pakistan to Yemen; the CIA continues to cover-up its torture policies. But Russo’s spiritual descendants, whistleblowers like Chelsea Manning of WikiLeaks fame, John Kiriakou who exposed CIA torture,and NSA whistleblower Edward Snowden live on, each putting his freedom on the line just as Russo did. Whether or not any of the whistleblowers of the post-9/11 era knew Russo’s story, they benefitted from a tradition he, Ellsberg, and others of their generation had helped to pioneer.

It’s a testament to the explosive nature of Russo’s revelations that, almost 50 years later, RAND still keeps his report on CIA torture in Vietnam a secret — as the Pentagon Papers might be today if he had not convinced Daniel Ellsberg to make them public. It’s a tribute to Russo that his critical evaluation of the Motivation and Morale Study remains classified as well.

Call it an irony, but Dwight D. Eisenhower, the president who articulated the domino theory that brought Russo to Vietnam, crafted the words that might be most fitting for his epitaph years before he arrived in Vietnam. In his 1961 farewell address, Eisenhower focused on twin internal threats: “the military-industrial complex,” which he first named, and its forgotten corollary: that public policy could become the captive of a “scientific-technological elite.” Russo, who railed against RAND’s secret and deadly influence until his dying day, couldn’t have said it better.

 [Note: Special thanks go to Peter Davis for his use of his interview with Anthony Russo, provided courtesy of the University Archives & Special Collections Department, Joseph P. Healey Library, University of Massachusetts, Boston: Hearts and Minds collection, 1970-1974.]

Barbara Myers is a journalist, educator, and activist. She has written for the Miami Herald and edited and produced multi-media for the San Francisco Chronicle. In the 1970s, she worked with the Indochina Peace Campaign in Los Angeles, where she attended the Pentagon Papers trial and first met the subject of her TomDispatch story, Tony Russo.

The Vindication of Edward Snowden May 12, 2015

Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Surveillance, Surveillance State, Whistle-blowing.
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Roger’s note: I suppose, at least in theory, there may be a justification for a “state secrets” doctrine.  I could picture an extreme circumstance where the democratic right of the people and their representatives to know could be trumped because making information public could aid and abet an enemy in an imminently dangerous way.  Nevertheless, that doctrine has been used and abused over and over again to evade accountability; and I am not aware of a single case where it was used to avoid an actual danger.

But with respect to “legality,” I have often referred to a speech given many years ago by the notable civil liberties lawyer William Kunstler, which showed how some of the most noteworthy crimes in history — from the executions of Socrates and Jesus to the Nazi Holocaust — have been perpetrated under the color of “the Law.”  My point is that men (sic) make the laws and the victors write the history.  Take the issue under consideration in the following article, Snowden’s uncovering of NSA bulk surveillance.  A federal appeals court says it is illegal.  This will be appealed to the Supreme Court, which could well reverse with the result that was illegal one day becomes legal the next.

The Law and the judicial system are sacred and not to be taken lightly.  But in the final analysis, it comes down who holds political and economic and military power.  And in our world today those who own and operate monopoly capitalism are in the driver’s seat.  Justice will not come about until they are dislodged.

 

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A federal appeals court has ruled that one of the NSA programs he exposed was illegal.
Mark Blinch / Reuters

 

Conor Friedersdorf  May 11, 2015  http://www.theatlantic.com

Edward Snowden’s most famous leak has just been vindicated. Since June 2013, when he revealed that the telephone calls of Americans are being logged en masse, his critics have charged that he took it upon himself to expose a lawful secret. They insisted that Congress authorized the phone dragnet when it passed the U.S.A. Patriot Act, citing Section 215, a part of the law that pertains to business records.

That claim was always suspect. The text of the law does not seem to authorize mass surveillance. A primary author and longtime champion of the law avows that Congress never intended to authorize the phone dragnet. And nothing like it was ever discussed during an extensive, controversy-filled debate about its provisions.

Now the wrongheadedness of the national-security state’s position has been confirmed.

A panel of judges on the Second Circuit Court of Appeals ruled last week that the program Snowden exposed was never legal. The Patriot Act does not authorize it, contrary to the claims of George W. Bush, Barack Obama, Michael Hayden, Keith Alexander, and James Clapper. “Statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” Judge Gerard E. Lynch declared. “The sheer volume of information sought is staggering.”

Other conclusions reached by the three-judge panel include the following:

“The interpretation that the government asks us to adopt defies any limiting principle.”
“We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.There is no evidence of such a debate …”
“Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware … only a limited subset of members of Congress had a comprehensive understanding of the program…”
“Finding the government’s interpretation of the statute to have been ‘legislatively ratified’ under these circumstances would ignore reality.”

Consider what this means.

Telling the public about the phone dragnet didn’t expose a legitimate state secret. It exposed a violation of the constitutional order. For many years, the executive branch carried out a hugely consequential policy change that the legislature never approved. Tens of millions of innocent U.S. citizens were thus subject to invasions of privacy that no law authorized. And the NSA’s unlawful behavior would’ve continued, unknown to the public and unreviewed by Article III courts, but for Snowden’s leak, which caused the ACLU to challenge the illegal NSA program.

Snowden undeniably violated his promise to keep the NSA’s secrets.

But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.

Any punishment for revealing the phone dragnet would be unjust.

Now that a federal appeals court has found that Section 215 of the Patriot Act did not in fact authorize the policy, punishing a man for exposing the program would set this precedent: Whistleblowers will be punished for revealing illegal surveillance. That’s the position anyone who still wants Snowden prosecuted for that leak must take, if the ruling stands. (Other federal courts have issued rulings pointing in contrary directions, and this latest ruling will likely be appealed.)
Related Story

Does the PATRIOT Act Allow Bulk Surveillance?

Consider how this federal court ruling informs the debate over state secrets generally. Civil libertarians have long warned that secret national-security policies undermine both representative democracy and our system of checks and balances.

And that is exactly what happened with respect to the phone dragnet!

Chevron Whistleblower Leaks ‘Smoking Gun’ in Case of Ecuadorian Oil Spill April 9, 2015

Posted by rogerhollander in Criminal Justice, Ecuador, Environment, Imperialism, Latin America, Whistle-blowing.
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Roger’s note: who is more likely to face legal consequences: Chevron or the whistleblower?  And how does this relate to our capitalist political/economic reality where the distinction between corporate wealth and government becomes smaller by the day?

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Videos sent to Amazon Watch described as ‘a true treasure trove of Chevron misdeeds and corporate malfeasance’

‘The videos are a true treasure trove of Chevron misdeeds and corporate malfeasance,’ said Kevin Koenig of Amazon Watch. ‘And, ironically, Chevron itself proved their authenticity.’ (Screenshot from The Chevron Tapes)

In what is being described as “smoking gun evidence” of Chevron’s complete guilt and corruption in the case of an oil spill in the Ecuadorian Amazon, internal videos leaked to an environmental watchdog show company technicians finding and then mocking the extensive oil contamination in areas that the oil giant told courts had been restored.

A Chevron whistleblower reportedly sent “dozens of DVDs” to U.S.-based Amazon Watch with a handwritten note stating: “I hope this is useful for you in your trial against Texaco/Chevron. [signed] A Friend from Chevron.”

The videos were all titled “pre-inspection” with dates and places of the former oil production sites where judicially-supervised inspections were set to take place. The footage was recorded by Chevron during an earlier visit to the site to determine where clean samples could be taken.

According to Amazon Watch’s description of the tapes:

Chevron employees and consultants can be heard joking about clearly visible pollution in soil samples being pulled out of the ground from waste pits that Chevron testified before both U.S. and Ecuadorian courts had been remediated in the mid-1990s.

In a March 2005 video, a Chevron employee, named Rene, taunts a company consultant, named Dave, at well site Shushufindi 21: “… you keep finding oil in places where it shouldn’t have been…. Nice job, Dave. Give you one simple task: Don’t find petroleum.”

In other videos, local villagers interviewed about the pollution recount how “that company” never actually cleaned the waste pits and instead covered them with dirt to try to hide the contamination.

“This is smoking gun evidence that shows Chevron hands are dirty—first for contaminating the region, and then for manipulating and hiding critical evidence,” said Paul Paz y Miño, Amazon Watch’s director of outreach.

In February 2011, an Ecuadorian court found the oil giant guilty and ordered Chevron to pay $8 billion in environmental damages, a ruling the company called “illegitimate” and vowed to fight. In 2014, a U.S. federal court judge sided with Chevron and threw out that ruling, arguing that it was obtained through “corrupt means.” On April 20, a federal appellate court in Manhattan will hear oral argument in the appeal of those charges.

“While its technicians were engaging in fraud in the field, Chevron’s management team was launching a campaign to demonize the Ecuadorians and their lawyers as a way to distract attention from the company’s reckless misconduct,” Paz y Miño added.

Chevron never turned over any of the secret videos to the Ecuador court conducting the trial. Nor did the company submit its pre-inspection sampling results to the court.

In a blog post on Wednesday, Amazon Watch Ecuador program coordinator Kevin Koenig explains how, after receiving the tapes, his organization turned them over to the legal team representing the affected Indigenous and farmer communities.

“The videos are a true treasure trove of Chevron misdeeds and corporate malfeasance,” he writes. “And, ironically, Chevron itself proved their authenticity.”

Koenig continues:

When the plaintiffs’ lawyers tried to use the videos in court to cross-examine a Chevron “scientist”, the company objected.

A letter sent by Chevron’s legal firm Gibson Dunn to counsel for the communities states, “These videos are Chevron’s property, and are confidential documents and/or protected litigation work product. Chevron demands that you provide detailed information about how your firm acquired these videos and your actions with respect to them… In addition to providing this information, Chevron demands that you promptly return the improperly obtained videos and all copies of them by sending them to my attention at the above address.”

Chevron is now free to view them on YouTube.

“These explosive videos confirm what the Ecuadorian Supreme Court has found after reviewing the evidence: that Chevron has lied for years about its pollution problem in Ecuador,” Koenig added.

Chevron has admitted to dumping nearly 16 billion gallons of toxic oil drilling wastewater into rivers and streams relied upon by thousands of people for drinking, bathing, and fishing. The company also abandoned hundreds of unlined, open waste pits filled with crude, sludge, and oil drilling chemicals throughout the Ecuadorian Amazon.

 

General David Petraeus: Too Big To Jail March 8, 2015

Posted by rogerhollander in Criminal Justice, Economic Crisis, Whistle-blowing.
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Roger’s note: recently I have been posting articles about despicable human beings (Churchill, General Patton)  who have become heroes in the public domain as a result of a phenomenon I refer to as “in the capitalist world for the most part the shit rises to the top.”  This theory can be demonstrated in a single word: “Bush.”  In our time such cretinous creatures as Henry Kissinger and Dick Cheney have wielded enormous power over long periods of time and live lives of luxurious comfort while literally millions suffer from their actions.  Welcome to the Hall of Shame, General Petraeus.

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Ray McGovern, Published on

Friday, March 06, 2015
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While lesser Americans face years in jail for leaking secrets – even to inform fellow citizens of government abuses – retired Gen. David Petraeus gets a misdemeanor wrist-slap for exposing covert officers and lying about it

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Former CIA Director David Petraeus lied to FBI investigators as they sought answers to his handling of classified materials and his extramarital affair with his biographer Paula Broadwell.

The leniency shown former CIA Director (and retired General) David Petraeus by the Justice Department in sparing him prison time for the serious crimes that he has committed puts him in the same preferential, immune-from-incarceration category as those running the financial institutions of Wall Street, where, incidentally, Petraeus now makes millions. By contrast, “lesser” folks – and particularly the brave men and women who disclose government crimes – get to serve time, even decades, in jail.

Petraeus is now a partner at KKR, a firm specializing in large leveraged buyouts, and his hand-slap guilty plea to a misdemeanor for mishandling government secrets should not interfere with his continued service at the firm. KKR’s founders originally worked at Bear Stearns, the institution that failed in early 2008 at the beginning of the meltdown of the investment banking industry later that year.

Despite manifestly corrupt practices like those of subprime mortgage lenders, none of those responsible went to jail after the 2008-09 financial collapse which cost millions of Americans their jobs and homes. The bailed-out banks were judged “too big to fail” and the bankers “too big to jail.”

Two years ago, in a highly revealing slip of the tongue, Attorney General Eric Holder explained to Congress that it can “become difficult” to prosecute major financial institutions because they are so large that a criminal charge could pose a threat to the economy – or perhaps what he meant was an even bigger threat to the economy.

Holder tried to walk back his unintended slip into honesty a year later, claiming, “There is no such thing as ‘too big to jail.’” And this bromide was dutifully echoed by Holder’s likely successor, Loretta Lynch, at her confirmation hearing in late January.

Words, though, are cheap. The proof is in the pudding. It remains true that not one of the crooked bankers or investment advisers who inflicted untold misery on ordinary people, gambling away much of their life savings, has been jailed. Not one.

And now Petraeus, who gave his biographer/mistress access to some of the nation’s most sensitive secrets and then lied about it to the FBI, has also been shown to be too big to jail. Perhaps Holder decided it would be a gentlemanly thing to do on his way out of office – to take this awkward issue off Lynch’s initial to-do list and spare her the embarrassment of demonstrating once again that equality under the law has become a mirage; that not only big banks, but also big shots like Petraeus – who was Official Washington’s most beloved general before becoming CIA director – are, in fact, too big to jail.

It strikes me, in a way, as fitting that even on his way out the door, Eric Holder would not miss the opportunity to demonstrate his propensity for giving hypocrisy a bad name.

A Slap on Wrist for Serious Crimes

The Justice Department let David Petraeus cop a plea after requiring him to admit that he had shared with his biographer/mistress eight black notebooks containing highly classified information and then lied about it to FBI investigators. Serious crimes? The following quotes are excerpted from “U.S. v. David Howell Petraeus: Factual Basis in support of the Plea Agreement” offered by the U.S. District Court for the Western District of North Carolina, Charlotte Division:

“17. During his tenure as Commander of ISAF in Afghanistan, defendant DAVID HOWELL PETRAEUS maintained bound, five-by-eight-inch notebooks that contained his daily schedule and classified and unclassified notes he took during official meetings, conferences, and briefings. … A total of eight such books (hereinafter the “Black Books”) encompassed the period of defendant DAVID HOWELL PETRAEUS’S ISAF [Afghanistan] command and collectively contained classified information regarding the identities of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings, and defendant DAVID HOWELL PETRAEUS’s discussions with the President of the United States of America. [emphasis added]

“18. The Black Books contained national defense information, including Top Secret//SCI and code word information.”

Despite the sensitivity of the notebooks and existing law and regulations, Petraeus did not surrender them to proper custody when he returned to the U.S. after being nominated to become the Director of the CIA. According to the Court’s “Factual Basis,” Petraeus’s biographer/mistress recorded a conversation of Aug. 4, 2011, in which she asks about the “Black Books.” The Court statement continues:

“ [Petraeus] ‘Umm, well, they’re really – I mean they are highly classified, some of them.  … I mean there’s code word stuff in there.’ … On or about August 27, 2011, defendant DAVID HOWELL PETRAEUS sent an email to his biographer in which he agreed to provide the Black Books to his biographer. … On or about August 28, 2011, defendant DAVID HOWEL PETRAEUS delivered the Black Books to a private residence in Washington, D.C. where his biographer was staying. … On or about September 1, 2011, defendant DAVID HOWELL PETRAEUS retrieved the Black Books from the D.C. private residence and returned them to his own Arlington, Virginia home.” [emphasis added]

I would think it a safe guess that Petraeus’s timing can be attributed to his awareness that his privacy and freedom of movement was about to be greatly diminished, once his CIA personal security detail started keeping close track of him from his first day on the job as CIA Director, Sept. 6, 2011.

“32. On or about October 26, 2012, defendant DAVID HOWELL PETRAEUS was interviewed by two FBI special agents. … [He] was advised that the special agents were conducting a criminal investigation. … PETRAEUS stated that (a) he had never provided any classified information to his biographer, and (b) he had never facilitated the provision of classified information to his biographer. These statements were false. Defendant DAVID HOWELL PETRAEUS then and there knew that he previously shared the Black Books with his biographer.” [emphasis added]

Lying to the FBI? No problem. As “Expose Facts” blogger Marcy Wheeler immediately commented: “For lying to the FBI – a crime that others go to prison for for months and years – Petraeus will just get a two point enhancement on his sentencing guidelines. The Department of Justice basically completely wiped out the crime of covering up his crime of leaking some of the country’s most sensitive secrets to his mistress.” [emphasis added]

Talk about “prosecutorial discretion” or, in this case, indiscretion – giving Petraeus a fine and probation but no felony conviction or prison time for what he did! Lesser lights are not so fortunate. Just ask Chelsea (formerly Bradley) Manning who is serving a 35-year prison sentence for disclosing information to the public about U.S. war crimes and other abuses. Or Edward Snowden, who is stuck in Russia facing a U.S. indictment on espionage charges for informing the people about pervasive and unconstitutional U.S. government surveillance of common citizens.

Or former CIA officer John Kiriakou who was sent to prison for inadvertently revealing the name of one Agency official cognizant of CIA torture. Here’s what Neil MacBride, U.S. Attorney for the Eastern District of Virginia, said then: “The government has a vital interest in protecting the identities of those involved in covert operations. Leaks of highly sensitive, closely held and classified information compromise national security and can put individual lives in danger.”

When, on Oct. 23, 2012, Kiriakou acquiesced to a plea deal requiring two-and-a-half years in federal prison, then CIA Director Petraeus sent a sanctimonious Memorandum to Agency employees applauding Kiriakou’s conviction and noting, “It marks an important victory for our agency …  there are indeed consequences for those who believe they are above the laws that protect our fellow officers and enable American intelligence agencies to operate with the requisite degree of secrecy.” [emphasis added]

Consequences for Kiriakou but not, as we now know, for Petraeus.

If you feel no discomfort at this selective application of the law, you might wish to scroll or page back to the “Factual Basis” for Petraeus’s Plea Agreement and be reminded that it was just three days after his lecture to CIA employees about the sanctity of protecting the identity of covert agents that Petraeus lied to FBI investigators – on Oct. 26, 2012 – about his sharing such details with his mistress.

Why Did Petraeus Do It?

Old soldiers like Petraeus (indeed, most aging but still ambitious men) have been known to end up doing self-destructive things by letting themselves be flattered by the attentions of younger women. This may offer a partial explanation – human weakness even in a self-styled larger-than-life super-Mensch. But I see the motivation as mostly vainglory. (The two are not mutually exclusive, of course.)

Looking back at Petraeus’s record of overweening ambition, it seems likely he was motivated first and foremost by a desire to ensure that his biographer would be able to extract from the notebooks some juicy morsels he may not have remembered to tell her about. This might enhance his profile as Warrior-Scholar-“King David,” the image that he has assiduously cultivated and promoted, with the help of an adulating neocon-dominated media.

Petraeus’s presidential ambitions have been an open secret. And with his copping a plea to a misdemeanor, his “rehabilitation” seems to have already begun. He has told friends that he would like to serve again in government and they immediately relayed that bright hope to the media.

Sen. John McCain was quick to call the whole matter “closed.” A strong supporter of Petraeus, McCain added this fulsome praise: “At a time of grave security challenges around the world, I hope that General Petraeus will continue to provide his outstanding service and leadership to our nation, as he has throughout his distinguished career.”

And Michael O’Hanlon, Brookings’ neocon military specialist who rarely gets anything right, spoke true to form to the New York Times: “The broader nation needs his advice, and I think it’s been evident that people still want to hear from him. … People are forgiving and I know he made a mistake. But he’s also a national hero and a national treasure.”

The “mainstream media” is trapped in its undeserved adulation for Petraeus’s “heroism.” It is virtually impossible, for example, for them to acknowledge that his ballyhooed, official-handout-based “success” in training and equipping tens of thousands of crack Iraqi troops was given the lie when those same troops ran away (the officers took helicopters) and left their weapons behind at the first sight of ISIL fighters a year ago.

Equally sham were media claims of the “success” for the “surges” of 30,000 troops sent into Iraq (2007) and 33,000 into Afghanistan (2009). Each “surge” squandered the lives of about 1,000 U.S. troops for nothing – yes, nothing – except in the case of Iraq buying time for President George W. Bush and Vice President Dick Cheney to get out of town without a clear-cut defeat hanging around their necks.

Many of the supposed successes of Petraeus’s Iraqi “surge” also predated the “surge,” including a high-tech program for killing top militants such as Al-Qaeda-in-Iraq leader Abu Musab al-Zarqawi and the formation of the so-called Sunni Awakening, both occurring in 2006 under the previous field commanders. And, Bush’s principal goal of the “surge” – to create political space for a fuller Sunni-Shiite reconciliation – was never accomplished. [See Consortiumnews.com’s “The Surge Myth’s Deadly Result.”]

And last, it is important to note that David Petraeus does not have a corner on the above-the-law attitudes and behavior of previous directors of the CIA. The kid-gloves treatment he has been accorded, however, will increase chances that future directors will feel they can misbehave seriously and suffer no serious personal consequence.

The virtual immunity enjoyed by the well connected – even when they lie to the FBI or tell whoppers in sworn testimony to Congress (as Director of National Intelligence James Clapper has done) – feeds the propensity to prioritize one’s own personal ambition and to delegate a back seat to legitimate national security concerns – even basic things like giving required protection to properly classified information, including the identity of covert officers.

One might call this all-too-common syndrome Self-Aggrandizing Dismissiveness (SAD). Sadly, Petraeus is merely the latest exemplar of the SAD syndrome. The unbridled ambitions of some of his predecessors at CIA – the arrogant John Deutch, for example – have been equally noxious and destructive. But we’ll leave that for the next chapter.

Full Disclosure: Petraeus has not yet answered McGovern’s letter of Feb. 3 regarding why McGovern was barred from a public speaking event by Petraeus in New York City on Oct. 30, 2014, and then was roughly arrested by police and jailed for the night. McGovern wonders if Petraeus failed to respond because he was pre-occupied working out his Plea Agreement.

Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).

Dianne Feinstein, Strong Advocate of Leak Prosecutions, Demands Immunity For David Petraeus January 13, 2015

Posted by rogerhollander in Criminal Justice, Whistle-blowing.
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Roger’s note: Just one of many examples of the double standard when it comes to American (sic) justice.

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By Glenn Greenwald , The Intercept, January 11, 2014

 

Dianne Feinstein, Wall Street Journal, December 7, 2010 (“Prosecute Assange Under the Espionage Act”):

When WikiLeaks founder Julian Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.

The law Mr. Assange continues to violate is the Espionage Act of 1917. That law makes it a felony for an unauthorized person to possess or transmit “information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”

The Espionage Act also makes it a felony to fail to return such materials to the U.S. government. Importantly, the courts have held that “information relating to the national defense” applies to both classified and unclassified material. Each violation is punishable by up to 10 years in prison.

The Hill, June 10, 2013 (“Feinstein Calls Snowden’s NSA Leaks an “Act of Treason”):

Sen. Dianne Feinstein (D-Calif.) on Monday said the 29-year-old man who leaked information about two national security programs is guilty of treason. . . . “I don’t look at this as being a whistleblower. I think it’s an act of treason,” the chairwoman of the Senate Intelligence Committee told reporters.

The California lawmaker went on to say that Snowden had violated his oath to defend the Constitution. “He violated the oath, he violated the law. It’s treason.”

Ars Technica, November 3, 2013 (Feinstain says “Forget About Clemency for Snowden”):

If it wasn’t already clear that the US government was unhappy with National Security Agency leaker Edward Snowden—and the feds want him extradited, President Obama denounced him—it is now. Today, the chairwoman of the Senate Intelligence Committee, Dianne Feinstein (D-CA), and her House counterpart, Mike Rogers (R-MI), both emphasized there would be no mercy coming from Washington.

“He was trusted; he stripped our system; he had an opportunity—if what he was, was a whistle-blower—to pick up the phone and call the House Intelligence Committee, the Senate Intelligence Committee, and say I have some information,” Feinstein told CBS’ Face The Nation. “But that didn’t happen. He’s done this enormous disservice to our country, and I think the answer is no clemency.”

The New York Times, 3 days ago (“FBI and Justice Dept. Said to Seek Charges for Petraeus”):

The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.

The Huffington Post, yesterday (“Dianne Feinstein Urges Government Not To Seek David Petraeus Indictment”):

Sen. Dianne Feinstein (D-Calif.) urged the Department of Justice not to bring criminal charges against former CIA Director David Petraeus over his handling of classified information.

This man has suffered enough in my view,” Feinstein said on CNN’s “State of the Union” on Sunday, explaining why she doesn’t think Attorney General Eric Holder should seek an indictment.

Petraeus “made a mistake,” added the senator, who is vice chairwoman of the Senate Intelligence Committee. “But … it’s done, it’s over. He’s retired. He’s lost his job. How much does the government want?”

David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him.

In 2011, I wrote a book, With Liberty and Justice for Some, that examined the two-tiered justice system prevailing in the U.S.: how the U.S. imprisons more of its citizens than any other country in the world (both in absolute numbers and proportionally) often for trivial transgressions, while immunizing its political and economic elites for even the most egregious crimes. Matt Taibbi’s book, The Divide, examines the same dynamic with a focus on the protection of economic elites and legal repression of ordinary citizens in the wake of the 2008 financial crisis.

This latest example from Feinstein is one of the most vivid yet. She wanted Julian Assange – who isn’t even a U.S. citizen and never served in the U.S. Government – prosecuted for espionage for exposing war crimes, and demanded that Edward Snowden be charged with “treason” for exposing illegal eavesdropping which shocked the world. But a four-star general who leaked classified information not for any noble purpose but to his mistress for personal reasons should be protected from any legal consequences.

Long-standing mavens of DC political power literally believe that they and their class-comrades are too noble, important and elevated to be subjected to the rule of law to which they subject everyone else. They barely even disguise it any more. It’s the dynamic by which the Obama administration prosecuted leakers with unprecedented aggression who disclose information that embarrasses them politically while ignoring or even sanctioning the leaks of classified information which politically glorify them.

It is, of course, inconceivable that someone like Dianne Feinstein would urge the release of ordinary convicts from prison on the ground that their actions are “in the past” or that they have “suffered enough.” This generous mentality of mercy, forgiveness and understanding – like Obama’s decree that we Look Forward, Not Backward to justify immunity for American torturers – is reserved only for political officials, Generals, telecoms, banks and oligarchs who reside above and beyond the rule of law.

Photo by Mark Wilson/Getty Images

The Persecution of Julian Assange November 19, 2014

Posted by rogerhollander in Britain, Criminal Justice, Whistle-blowing, Wikileaks.
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Roger’s note: Here is the complete story behind the bizarre and Byzantine attempt by the United States government and its lapdog UK and Swedish governments to get their eager hands on a man who had the temerity to expose some of their atrocities.  Sort of an international version of the Keystone Kops.

The Farcical Siege of Knightsbridge

by JOHN PILGER

The siege of Knightsbridge is a farce. For two years, an exaggerated, costly police presence around the Ecuadorean embassy in London has served no purpose other than to flaunt the power of the state. Their quarry is an Australian charged with no crime, a refugee from gross injustice whose only security is the room given him by a brave South American country. His true crime is to have initiated a wave of truth-telling in an era of lies, cynicism and war.

The persecution of Julian Assange must end. Even the British government clearly believes it must end. On 28 October, the deputy foreign minister, Hugo Swire, told Parliament he would “actively welcome” the Swedish prosecutor in London and “we would do absolutely everything to facilitate that”. The tone was impatient.

The Swedish prosecutor, Marianne Ny, has refused to come to London to question Assange about allegations of sexual misconduct in Stockholm in 2010 – even though Swedish law allows for it and the procedure is routine for Sweden and the UK. The documentary evidence of a threat to Assange’s life and freedom from the United States – should he leave the embassy – is overwhelming. On May 14 this year, US court files revealed that a “multi subject investigation” against Assange was “active and ongoing”.

Ny has never properly explained why she will not come to London, just as the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him on to the US under a secret arrangement agreed between Stockholm and Washington. In December 2010, the Independent revealed that the two governments had discussed his onward extradition to the US before the European Arrest Warrant was issued.

Perhaps an explanation is that, contrary to its reputation as a liberal bastion, Sweden has drawn so close to Washington that it has allowed secret CIA “renditions” – including the illegal deportation of refugees. The rendition and subsequent torture of two Egyptian political refugees in 2001 was condemned by the UN Committee against Torture, Amnesty International and Human Rights Watch; the complicity and duplicity of the Swedish state are documented in successful civil litigation and WikiLeaks cables. In the summer of 2010, Assange had been in Sweden to talk about WikiLeaks revelations of the war in Afghanistan – in which Sweden had forces under US command.

The Americans are pursuing Assange because WikiLeaks exposed their epic crimes in Afghanistan and Iraq: the wholesale killing of tens of thousands of civilians, which they covered up; and their contempt for sovereignty and international law, as demonstrated vividly in their leaked diplomatic cables.

For his part in disclosing how US soldiers murdered Afghan and Iraqi civilians, the heroic soldier Bradley (now Chelsea) Manning received a sentence of 35 years, having been held for more than a thousand days in conditions which, according to the UN Special Rapporteur, amounted to torture.

Few doubt that should the US get their hands on Assange, a similar fate awaits him. Threats of capture and assassination became the currency of the political extremes in the US following Vice-President Joe Biden’s preposterous slur that Assange was a “cyber-terrorist”. Anyone doubting the kind of US ruthlessness he can expect should remember the forcing down of the Bolivian president’s plane last year – wrongly believed to be carrying Edward Snowden.

According to documents released by Snowden, Assange is on a “Manhunt target list”. Washington’s bid to get him, say Australian diplomatic cables, is “unprecedented in scale and nature”. In Alexandria, Virginia, a secret grand jury has spent four years attempting to contrive a crime for which Assange can be prosecuted. This is not easy. The First Amendment to the US Constitution protects publishers, journalists and whistleblowers. As a presidential candidate in 2008, Barack Obama lauded whistleblowers as “part of a healthy democracy [and they] must be protected from reprisal”. Under President Obama, more whistleblowers have been prosecuted than under all other US presidents combined.  Even before the verdict was announced in the trial of Chelsea Manning, Obama had pronounced the whisletblower guilty.

“Documents released by WikiLeaks since Assange moved to England,” wrote Al Burke, editor of the online Nordic News Network, an authority on the multiple twists and dangers facing Assange, “clearly indicate that Sweden has consistently submitted to pressure from the United States in matters relating to civil rights.  There is every reason for concern that if Assange were to be taken into custody by Swedish authorities, he could be turned over to the United States without due consideration of his legal rights.”

There are signs that the Swedish public and legal community do not support prosecutor’s Marianne Ny’s intransigence. Once implacably hostile to Assange, the Swedish press has published headlines such as: “Go to London, for God’s sake.”

Why won’t she?  More to the point, why won’t she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won’t she hand them over to Assange’s Swedish lawyers?  She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn’t she question him?

This week, the Swedish Court of Appeal will decide whether to order Ny to hand over the SMS messages; or the matter will go to the Supreme Court and the European Court of Justice.  In high farce, Assange’s Swedish lawyers have been allowed only to “review” the SMS messages, which they had to memorise.

One of the women’s messages makes clear that she did not want any charges brought against Assange, “but the police were keen on getting a hold on him”.  She was “shocked” when they arrested him because she only “wanted him to take [an HIV] test”.  She “did not want to accuse JA of anything” and “it was the police who made up the charges”. (In a witness statement, she is quoted as saying that she had been “railroaded by police and others around her”.)

Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, “I have not been raped.”  That they were manipulated by police and their wishes ignored is evident – whatever their lawyers might say now. Certainly, they are victims of a saga worthy of Kafka.

For Assange, his only trial has been trial by media. On 20 August 2010, the Swedish police opened a “rape investigation” and immediately — and unlawfully — told the Stockholm tabloids that there was a warrant for Assange’s arrest for the “rape of two women”. This was the news that went round the world.

In Washington, a smiling US Defence Secretary Robert Gates told reporters that the arrest “sounds like good news to me”. Twitter accounts associated with the Pentagon described Assange as a “rapist” and a “fugitive”.

Less than 24 hours later, the Stockholm Chief Prosecutor, Eva Finne, took over the investigation. She wasted no time in cancelling the arrest warrant, saying, “I don’t believe there is any reason to suspect that he has committed rape.” Four days later, she dismissed the rape investigation altogether, saying, “There is no suspicion of any crime whatsoever.”  The file was closed.

Enter Claes Borgstrom, a high profile politician in the Social Democratic Party then standing as a candidate in Sweden’s imminent general election. Within days of the chief prosecutor’s dismissal of the case, Borgstrom, a lawyer, announced to the media that he was representing the two women and had sought a different prosecutor in the city of Gothenberg. This was Marianne Ny, whom Borgstrom knew well. She, too, was involved with the Social Democrats.

On 30 August, Assange attended a police station in Stockholm voluntarily and answered all the questions put to him. He understood that was the end of the matter. Two days later, Ny announced she was re-opening the case. Borgstrom was asked by a Swedish reporter why the case was proceeding when it had already been dismissed, citing one of the women as saying she had not been raped. He replied, “Ah, but she is not a lawyer.”  Assange’s Australian barrister, James Catlin, responded, “This is a laughing stock  … it’s as if they make it up as they go along.”

On the day Marianne Ny re-activated the case, the head of Sweden’s military intelligence service (“MUST”) publicly denounced WikiLeaks in an article entitled “WikiLeaks [is] a threat to our soldiers.” Assange was warned that the Swedish intelligence service, SAP, had been told by its US counterparts that US-Sweden intelligence-sharing arrangements would be “cut off” if Sweden sheltered him.

For five weeks, Assange waited in Sweden for the new investigation to take its course. The Guardian was then on the brink of publishing the Iraq “War Logs”, based on WikiLeaks’ disclosures, which Assange was to oversee. His lawyer in Stockholm asked Ny if she had any objection to his leaving the country. She said he was free to leave.

Inexplicably, as soon as he left Sweden — at the height of media and public interest in the WikiLeaks disclosures — Ny issued a European Arrest Warrant and an Interpol “red alert” normally used for terrorists and dangerous criminals. Put out in five languages around the world, it ensured a media frenzy.

Assange attended a police station in London, was arrested and spent ten days in Wandsworth Prison, in solitary confinement. Released on £340,000 bail, he was electronically tagged, required to report to police daily and placed under virtual house arrest while his case began its long journey to the Supreme Court.  He still had not been charged with any offence. His lawyers repeated his offer to be questioned by Ny in London, pointing out that she had given him permission to leave Sweden. They suggested a special facility at Scotland Yard used for that purpose. She refused.

Katrin Axelsson and Lisa Longstaff of Women Against Rape wrote: “The allegations against [Assange] are a smokescreen behind which a number of governments are trying to clamp down on WikiLeaks for having audaciously revealed to the public their secret planning of wars and occupations with their attendant rape, murder and destruction… The authorities care so little about violence against women that they manipulate rape allegations at will. [Assange] has made it clear he is available for questioning by the Swedish authorities, in Britain or via Skype. Why are they refusing this essential step in their investigation? What are they afraid of?”

This question remained unanswered as Ny deployed the European Arrest Warrant, a draconian product of the “war on terror” supposedly designed to catch terrorists and organized criminals. The EAW had abolished the obligation on a petitioning state to provide any evidence of a crime. More than a thousand EAWs are issued each month; only a few have anything to do with potential “terror” charges. Most are issued for trivial offences—such as overdue bank charges and fines. Many of those extradited face months in prison without charge. There have been a number of shocking miscarriages of justice, of which British judges have been highly critical.

The Assange case finally reached the UK Supreme Court in May 2012. In a judgement that upheld the EAW – whose rigid demands had left the courts almost no room for manoeuvre – the judges found that European prosecutors could issue extradition warrants in the UK without any judicial oversight, even though Parliament intended otherwise. They made clear that Parliament had been “misled” by the Blair government. The court was split, 5-2, and consequently found against Assange.

However, the Chief Justice, Lord Phillips, made one mistake. He applied the Vienna Convention on treaty interpretation, allowing for state practice to override the letter of the law. As Assange’s barrister, Dinah Rose QC, pointed out, this did not apply to the EAW.

The Supreme Court only recognised this crucial error when it dealt with another appeal against the EAW in November last year. The Assange decision had been wrong, but it was too late to go back.

Assange’s choice was stark: extradition to a country that had refused to say whether or not it would send him on to the US, or to seek what seemed his last opportunity for refuge and safety. Supported by most of Latin America, the courageous government of Ecuador granted him refugee status on the basis of documented evidence and legal advice that he faced the prospect of cruel and unusual punishment in the US; that this threat violated his basic human rights; and that his own government in Australia had abandoned him and colluded with Washington.  The Labor government of prime minister Julia Gillard had even threatened to take away his passport.

Gareth Peirce, the renowned human rights lawyer who represents Assange in London, wrote to the then Australian foreign minister, Kevin Rudd:  “Given the extent of the public discussion, frequently on the basis of entirely false assumptions… it is very hard to attempt to preserve for him any presumption of innocence. Mr. Assange has now hanging over him not one but two Damocles swords, of potential extradition to two different jurisdictions in turn for two different alleged crimes, neither of which are crimes in his own country, and that his personal safety has become at risk in circumstances that are highly politically charged.”

It was not until she contacted the Australian High Commission in London that Peirce received a response, which answered none of the pressing points she raised. In a meeting I attended with her, the Australian Consul-General, Ken Pascoe, made the astonishing claim that he knew “only what I read in the newspapers” about the details of the case.

Meanwhile, the prospect of a grotesque miscarriage of justice was drowned in a vituperative campaign against the WikiLeaks founder. Deeply personal, petty, vicious and inhuman attacks were aimed at a man not charged with any crime yet subjected to treatment not even meted out to a defendant facing extradition on a charge of murdering his wife. That the US threat to Assange was a threat to all journalists, to freedom of speech, was lost in the sordid and the ambitious.

Books were published, movie deals struck and media careers launched or kick-started on the back of WikiLeaks and an assumption that attacking Assange was fair game and he was too poor to sue. People have made money, often big money, while WikiLeaks has struggled to survive. The editor of the Guardian, Alan Rusbridger, called the WikiLeaks disclosures, which his newspaper published, “one of the greatest journalistic scoops of the last 30 years”. It became part of his marketing plan to raise the newspaper’s cover price.

With not a penny going to Assange or to WikiLeaks, a hyped Guardian book led to a lucrative Hollywood movie. The book’s authors, Luke Harding and David Leigh, gratuitously described Assange as a “damaged personality” and “callous”. They also revealed the secret password he had given the paper in confidence, which was designed to protect a digital file containing the US embassy cables. With Assange now trapped in the Ecuadorean embassy, Harding, standing among the police outside, gloated on his blog that “Scotland Yard may get the last laugh”.

The injustice meted out to Assange is one of the reasons Parliament will eventually vote on a reformed EAW.  The draconian catch-all used against him could not happen now; charges would have to be brought and “questioning” would be insufficient grounds for extradition. “His case has been won lock, stock and barrel,” Gareth Peirce told me, “these changes in the law mean that the UK now recognises as correct everything that was argued in his case. Yet he does not benefit. And the genuineness of Ecuador’s offer of sanctuary is not questioned by the UK or Sweden.”

On 18 March 2008, a war on WikiLeaks and Julian Assange was foretold in a secret Pentagon document prepared by the “Cyber Counterintelligence Assessments Branch”. It described a detailed plan to destroy the feeling of “trust” which is WikiLeaks’ “centre of gravity”. This would be achieved with threats of “exposure [and] criminal prosecution”. Silencing and criminalising this rare source of independent journalism was the aim, smear the method. Hell hath no fury like great power scorned.

John Pilger is the author of Freedom Next Time. All his documentary films can be viewed free on his website http://www.johnpilger.com/

For important additional information, click on the following links:

http://justice4assange.com/extraditing-assange.html

http://www.independent.co.uk/news/uk/crime/assange-could-face-espionage-trial-in-us-2154107.html

https://www.youtube.com/watch?v=1ImXe_EQhUI

http://pdfserver.amlaw.com/nlj/wikileaks_doj_05192014.pdf

https://wikileaks.org/59-International-Organizations.html

https://s3.amazonaws.com/s3.documentcloud.org/documents/1202703/doj-letter-re-wikileaks-6-19-14.pdf

 

Pulitzer Vindicates: Snowden Journalists Win Top Honor April 15, 2014

Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing.
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Roger’s note: I don’t know why, but somehow I don’t expect that this vindication of Edward Snowden’s bravery will not get much play in the mainstream media, so I am posting it here.  As some of the comments on the Common Dreams web site have pointed out, there has been no or  little mention of those who made great sacrifices and paid a price for speaking out, such as Chelsea Manning (it is reported today that the General in charge of her kangaroo court martial has affirmed her 35 year sentence) and Julian Assange (held prisoner indefinitely in London’s Ecuadorian Embassy).  These should not be forgotten.

 

Guardian and Washington Post each honored with Pulitzer for Public Service

– Lauren McCauley, staff writer

Ewen MacAskill, Glenn Greenwald and Laura Poitras in Hong Kong to meet NSA whistleblower Edward Snowden on June 10, 2013. (Photo by Laura Poitras)

The Washington Post and the Guardian/US were both awarded one of journalism’s top honors on Monday—the Pulitzer Prize for Public Service— for their separate but related reporting on the NSA’s widespread surveillance documents leaked by NSA whistleblower Edward Snowden.

Journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill from the Guardian and the Washington Post’s Barton Gellman sent shock waves across the globe for their reporting on the leaks—eliciting responses from citizens and governments alike and spurring a new era of backlash against government intrusion.

Following news of the honor, Snowden released a statement thanking the Pulitzer committee for recognizing those involved in the NSA reporting. He wrote:

Today’s decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognizes was work of vital public importance.

This decision reminds us that what no individual conscience can change, a free press can. My efforts would have been meaningless without the dedication, passion, and skill of these newspapers, and they have my gratitude and respect for their extraordinary service to our society. Their work has given us a better future and a more accountable democracy.

The Pulitzer committee awarded the prize to the publications for their “revelation[s] of widespread secret surveillance by the National Security Agency,” specifying that the Guardian, “through aggressive reporting,” helped “to spark a debate about the relationship between the government and the public over issues of security and privacy.” They credited the Post for their “authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security.”

The Guardian team broke the first report on the NSA’s collection of Verizon phone records and Gellman, with help from Poitras, reported on the wide-ranging surveillance program known as “PRISM.” In addition to Greenwald, Poitras, MacAskill and Gellman—who are primarily credited for the NSA revelations—a number of other reporters working at the publications also contributed to the reporting that followed.

Following the announcement, many hailed the selection as a vindication of the actions of both the journalists and the whistleblower, a number of whom have been threatened for their work and are forced to remain in exile for fear of persecution by the U.S. government.

“The stories that came out of this completely changed the agenda on the discussion on privacy and the NSA,” David Remnick, editor of The New Yorker, said prior to the announcement. “There’s an enormous public good in that, and it’s yet to be proven at all that somehow did great damage to national security.”

“I can’t imagine a more appropriate choice for a Pulitzer Prize,” New York University media studies professor Mark Miller told AFP. Miller said that the winning team of reporters did what “American journalists are supposed to do, which is serve the public interest by shedding a bright light on egregious abuse of power by the government.”

“The real journalistic heroes in this country tend to be the mavericks, the eccentrics, those who dare to report stories that are often dismissed derisively as ‘conspiracy theory,'” Miller continued.

On Friday, Poitras and Greenwald returned to the U.S. for the first time since breaking the NSA stories to accept the prestigious George Polk Award for national security reporting.

During his acceptance speech for the George Polk award, Greenwald discussed the intimidation that both whistleblowers and journalists face.

“The only way to deal with threats,” he said, “is to just do the reporting as aggressively, if not more so, than you would absent those threats.”

_____________________

Chelsea Manning Thanksgiving Letter November 26, 2013

Posted by rogerhollander in Criminal Justice, Whistle-blowing, Wikileaks.
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Roger’s note: I am thankful that I don’t have to spend up to thirty five years in prison.  I cannot begin to imagine what that would be like.  Chelsea Manning apparently has not been bowed by the draconian and vengeful punishment loaded upon her by the criminal United States military.  A profile in courage.

Chelsea Manning

Chelsea Manning
U.S. Army / AP

I’m usually hesitant to celebrate Thanksgiving Day. After all, the Puritans of the Massachusetts Bay Colony systematically terrorized and slaughtered the very same Pequot tribe that assisted the first English refugees to arrive at Plymouth Rock. So, perhaps ironically, I’m thankful that I know that, and I’m also thankful that there are people who seek out, and usually find, such truths.  I’m thankful for people who, even surrounded by millions of Americans eating turkey during regularly scheduled commercial breaks in the Green Bay and Detroit football game; who, despite having been taught, often as early as five and six years old, that the “helpful natives” selflessly assisted the “poor helpless Pilgrims” and lived happily ever after, dare to ask probing, even dangerous, questions.

Such people are often nameless and humble, yet no less courageous. Whether carpenters of welders; retail clerks or bank managers; artists or lawyers, they dare to ask tough questions, and seek out the truth, even when the answers they find might not be easy to live with.

I’m also grateful for having social and human justice pioneers who lead through action, and by example, as opposed to directing or commanding other people to take action. Often, the achievements of such people transcend political, cultural, and generational boundaries. Unfortunately, such remarkable people often risk their reputations, their livelihood, and, all too often, even their lives.

For instance, the man commonly known as Malcolm X began to openly embrace the idea, after an awakening during his travels to the Middle East and Africa, of an international and unifying effort to achieve equality, and was murdered after a tough, yearlong defection from the Nation of Islam. Martin Luther King Jr., after choosing to embrace the struggles of striking sanitation workers in Memphis over lobbying in Washington, D.C., was murdered by an escaped convict seeking fame and respect from white Southerners. Harvey Milk, the first openly gay politician in the U.S., was murdered by a jealous former colleague. These are only examples; I wouldn’t dare to make a claim that they represent an exhaustive list of remarkable pioneers of social justice and equality—certainly many if not the vast majority are unsung and, sadly, forgotten.

So, this year, and every year, I’m thankful for such people, and I’m thankful that one day—perhaps not tomorrow—because of the accomplishments of such truth-seekers and human rights pioneers, we can live together on this tiny “pale blue dot” of a planet and stop looking inward, at each other, but rather outward, into the space beyond this planet and the future of all of humanity.

Chelsea Manning, formerly named Bradley, is serving a 35-year prison sentence at Fort Leavenworth for leaking hundreds of thousands of classified documents to the anti-secrecy group WikiLeaks.

 

Feeding the Flame of Revolt November 18, 2013

Posted by rogerhollander in Criminal Justice, Surveillance State, Whistle-blowing.
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Roger’s note: in this article Hedges cites John Kennedy’s “Those who make peaceful change impossible make violent change inevitable,” which is more or less the theme of the piece.  A chant I have heard at many a protest demonstration says the same in four simple words: “No Justice, No Peace.”  In our upside-down world, the state purveyors of  massive violence and terror, indict those who oppose it on the grounds of inciting violence and terror.  Freud would understand, but I digress.  Regardless of whether governments are democratic or not, it is capital that rules in our universe.  Capital-ism is the system by which capital rules via economies, governments (all three branches: executive, law making legislatures and judicial), military and policing.  In a very real sense, there is a war going on at all times, the war against human beings by those who own, manage and control capital (huge accumulations of stolen wealth).  As the saying goes: they only acknowledge class war when we fight back.

no justice no peace.preview

 

NEW YORK—I was in federal court here Friday for the sentencing of Jeremy Hammond to 10 years in prison for hacking into the computers of a private security firm that works on behalf of the government, including the Department of Homeland Security, and corporations such as Dow Chemical. In 2011 Hammond, now 28, released to the website WikiLeaks and Rolling Stone and other publications some 3 million emails from the Texas-based company Strategic Forecasting Inc., or Stratfor.

Protesters stand in front of the federal courthouse during the arraignment of Jeremy Hammond in Manhattan on May 14, 2012. (Photo: AP Photo/Seth Wenig)

The sentence was one of the longest in U.S. history for hacking and the maximum the judge could impose under a plea agreement in the case. It was wildly disproportionate to the crime—an act of nonviolent civil disobedience that championed the public good by exposing abuses of power by the government and a security firm. But the excessive sentence was the point. The corporate state, rapidly losing credibility and legitimacy, is lashing out like a wounded animal. It is frightened. It feels the heat from a rising flame of revolt. It is especially afraid of those such as Hammond who have the technical skills to break down electronic walls and expose the corrupt workings of power.

“People have a right to know what governments and corporations are doing behind closed doors,” Hammond told me when we met in the Metropolitan Correctional Center in Manhattan about a week and a half before his sentencing.

I did not hope for justice from the court. Judge Loretta A. Preska is a member of the right-wing Federalist Society. And the hack into Stratfor gave the email address and disclosed the password of an account used for business by Preska’s husband, Thomas Kavaler, a partner at the law firm Cahill Gordon & Reindel. Some emails of the firm’s corporate clients, including Merrill Lynch, also were exposed. The National Lawyers Guild, because the judge’s husband was a victim of the hack, filed a recusal motion that Preska, as chief judge of the U.S. District Court for the Southern District of New York, was able to deny. Her refusal to recuse herself allowed her to oversee a trial in which she had a huge conflict of interest.

The judge, who herself once was employed at Cahill Gordon & Reindel, fulminated from the bench about Hammond’s “total lack of respect for the law.” She read a laundry list of his arrests for acts of civil disobedience. She damned what she called his “unrepentant recidivism.” She said: “These are not the actions of Martin Luther King, Nelson Mandela … or even Daniel Ellsberg; there’s nothing high-minded or public-spirited about causing mayhem”—an odd analogy given that Mandela founded the armed wing of the African National Congress, was considered by South Africa’s apartheid government and the United States government to be a terrorist and was vilified, along with King and Ellsberg, by the U.S. government. She said there was a “desperate need to promote respect for the law” and a “need for adequate public deterrence.” She read from transcripts of Hammond’s conversations in Anonymous chat rooms in which he described the goal of hacking into Stratfor as “destroying the target, hoping for bankruptcy, collapse” and called for “maximum mayhem.” She admonished him for releasing the unlisted phone number of a retired Arizona police official who allegedly received threatening phone calls afterward.

The judge imposed equally harsh measures that will take effect after Hammond’s release from prison. She ordered that he be placed under three years of supervised control, be forbidden to use encryption or aliases online and submit to random searches of his computer equipment, person and home by police and any internal security agency without the necessity of a warrant. The judge said he was legally banned from having any contact with “electronic civil disobedience websites or organizations.” By the time she had finished she had shredded all pretense of the rule of law.

The severe sentence—Hammond will serve more time than the combined sentences of four men who were convicted in Britain for hacking related to the U.S. case—was monumentally stupid for a judge seeking to protect the interest of the ruling class. The judicial lynching of Hammond required her to demonstrate a callous disregard for transparency and our right to privacy. It required her to ignore the disturbing information Hammond released showing that the government and Stratfor attempted to link nonviolent dissident groups, including some within Occupy, to terrorist organizations so peaceful dissidents could be prosecuted as terrorists. It required her to accept the frightening fact that intelligence agencies now work on behalf of corporations as well as the state. She also had to sidestep the fact that Hammond made no financial gain from the leak.

The sentencing converges with the state’s persecution of Chelsea Manning, Edward Snowden, Julian Assange and Barrett Brown, along with Glenn Greenwald, Jacob Appelbaum, Laura Poitras and Sarah Harrison, four investigative journalists who are now in self-imposed exile from the United States. And as the numbers of our political prisoners and exiled dissidents mount, there is the unmistakable stench of tyranny.

This draconian sentence, like the draconian sentences of other whistle-blowers, will fan revolt. History bears this out. It will solidify the growing understanding that we must resort, if we want to effect real change, to unconventional tactics to thwart the mounting abuses by the corporate state. There is no hope, this sentencing shows, for redress from the judicial system, elected officials or the executive branch. Why should we respect a court system, or a governmental system, that shows no respect to us? Why should we abide by laws that serve only to protect criminals such as Wall Street thieves while leaving the rest of us exposed to abuse? Why should we continue to have faith in structures of power that deny us our most basic rights and civil liberties? Why should we be impoverished so the profits of big banks, corporations and hedge funds can swell?

No one will save us but ourselves. That was the real message sent out by the sentencing of Jeremy Hammond. And just as Hammond was inspired to act by the arrest of Chelsea (then Bradley) Manning, others will be inspired to act by Hammond and the actions taken against him. And we can thank Judge Preska for that.

Hammond is rooted in the Black Bloc. As he was escorted out of the courtroom on the ninth floor of the federal courthouse at 500 Pearl St. on Friday he shouted to roughly 100 people—including a class of prim West Point cadets in their blue uniforms—gathered there: “Long live Anonymous! Hurrah for anarchy!” In a statement he read in court he thanked “Free Anons, the Anonymous Solidarity Network [and] Anarchist Black Cross” for their roles in the fight against oppression.

Hammond has abandoned faith not only in traditional institutions, such as the courts, but nonviolent mass protest and civil disobedience, a point on which he and I diverge. But his analysis of corporate tyranny is correct. And the longer the state ruthlessly persecutes dissidents, the more the state ensures that those who oppose it will resort to radical responses including violence. “Those who make peaceful change impossible make violent change inevitable,” John F. Kennedy said. And the corporate state is not only making peaceful change impossible but condemning it as terrorism.

In late October I spent an afternoon with Hammond in New York’s Metropolitan Correctional Center, where he had been held for 20 months. He said during our conversation, parts of which his lawyer requested be published only after his sentencing, that he believed that the sole way the people will now have any power is to rise up physically and seize it. My column last week was about that interview, and now I am including previously withheld parts of the conversation.

Hammond defines himself as “an anarchist communist.” He seeks to destroy capitalism and the centralized power of the corporate state. His revolutionary vision is “leaderless collectives based on free association, consensus, mutual aid, self-sufficiency and harmony with the environment.” He embraces the classic tools of revolt, including mass protests, general strikes and boycotts. And he sees hacking and leaking as part of this resistance, tools not only to reveal the truths about these systems of corporate power but to “disrupt/destroy these systems entirely.”

He participated in the Occupy movement in Chicago but found the politics of Occupy too vague and amorphous, a point on which I concur. He said Occupy lacked revolutionary vigor. He told me he did not support what he called the “dogmatic nonviolence doctrine” of many in the Occupy movement, calling it “needlessly limited and divisive.” He rejects the idea of acts of civil disobedience that protesters know will lead to their arrest. “The point,” he said, “is to carry out acts of resistance and not get caught.” He condemns “peace patrols,” units formed within the Occupy movement that sought to prohibit acts of vandalism and violence by other protesters—most often members of the Black Bloc—as “a secondary police force.” And he spurns the calls by many in Occupy not to antagonize the police, calling the police “the boot boys of the 1 percent, paid to protect the rich and powerful.” He said such a tactic of non-confrontation with the police ignored the long history of repression the police have carried out against popular movements, as well as the “profiling and imprisonment of our comrades.”

“Because we were unprepared, or perhaps unwilling, to defend our occupations, police and mayors launched coordinated attacks, driving us out of our own parks,” he said of the state’s closure of the Occupy encampments.

“I fully support and have participated in Black Bloc and other forms of militant direct action,” he said. “I do not believe that the ruling powers listen to the people’s peaceful protests. Black Bloc is an effective, fluid and dynamic form of protest. It causes disruption outside of predictable/controllable mass demonstrations through ‘unarrests,’ holding streets, barricades and property destruction. Smashing corporate windows is not violence, especially when compared to the everyday economic violence of sweatshops and ‘free trade.’ Black Bloc seeks to hit them where it hurts, through economic damage. But more than smashing windows they seek to break the spell of ‘law and order’ and the artificial limitations we impose on ourselves.”

I disagree with Hammond over tactics, but in the end this disagreement is moot. It will be the ruling elites who finally determine our response. If the corporate elites employ the full force of the security and surveillance state against us, if corporate totalitarian rule is one of naked, escalating and brutal physical repression, then the violence of the state will spawn a counter-violence. Judge Preska’s decision to judicially lynch Hammond has only added to the fury she and the state are trying to stamp out. An astute ruling class, one aware of the rage rippling across the American landscape, would have released Hammond on Friday and begun to address the crimes he exposed. But our ruling class, while adept at theft, looting, propaganda and repression, is blind to the growing discontent caused by the power imbalance and economic inequality that plague ordinary Americans at a time when half of the country lives in poverty or “near poverty.”

“The acts of civil disobedience and direct action that I am being sentenced for today are in line with the principles of community and equality that have guided my life,” Hammond told the courtroom. “I hacked into dozens of high-profile corporations and government institutions, understanding very clearly that what I was doing was against the law, and that my actions could land me back in federal prison. But I felt that I had an obligation to use my skills to expose and confront injustice—and to bring the truth to light.”

“Could I have achieved the same goals through legal means?” he said. “I have tried everything from voting petitions to peaceful protest and have found that those in power do not want the truth to be exposed. When we speak truth to power we are ignored at best and brutally suppressed at worst. We are confronting a power structure that does not respect its own system of checks and balances, never mind the rights of its own citizens or the international community.”

“My first memories of American politics was when Bush stole the election in 2000,” he told me at a metal table as we met at the prison in a small room reserved for attorney visits, “and then how Bush used the wave of nationalism after 9/11 to launch unprovoked pre-emptive wars against Afghanistan and Iraq. In high school I was involved in publishing ‘underground’ newsletters criticizing the Patriot Act, the wars, and other Bush-era policies. I attended many anti-war protests in the city [Chicago] and was introduced to other local struggles and the larger anti-corporate globalization movement. I began identifying as an anarchist, started to travel around the country to various mobilizations and conferences, and began getting arrested for various acts.”

He said that his experience of street protest, especially against the wars in Afghanistan and Iraq, was seminal, for he saw that the state had little interest in heeding the voices of protesters and others in the public. “Instead, we were labeled as traitors, beaten and arrested.”

“I targeted law enforcement systems because of the racism and inequality with which the criminal law is enforced,” he admitted in court. “I targeted the manufacturers and distributors of military and police equipment who profit from weaponry used to advance U.S. political and economic interests abroad and to repress people at home. I targeted information security firms because they work in secret to protect government and corporate interests at the expense of individual rights, undermining and discrediting activists, journalists and other truth seekers, and spreading disinformation.”

An FBI informant, Hector Xavier Monsegur, posing as an Anonymous member and using the online name “Sabu,” prodded Hammond to break into Stratfor and informed him of technical vulnerabilities in websites of the company.

“Why the FBI would introduce us to the hacker who found the initial vulnerability and allow this hack to continue remains a mystery,” Hammond said as he faced the judge.

“As a result of the Stratfor hack, some of the dangers of the unregulated private intelligence industry are now known,” he said. “It has been revealed through WikiLeaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations.”

At Sabu’s urging, Hammond broke into other websites, too. Hammond, at Sabu’s request, provided information to hackers enabling them to break into and deface official foreign government websites, including some of Turkey, Iran and Brazil. The names of these three countries are technically under a protective court order but have been reported widely in the press.

“I broke into numerous sites and handed over passwords and backdoors that enabled Sabu—and by extension his FBI handlers—to control these targets,” Hammond said.

“I don’t know how other information I provided to him may have been used, but I think the government’s collection and use of this data needs to be investigated,” he went on. “The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?”

“The hypocrisy of ‘law and order’ and the injustices caused by capitalism cannot be cured by institutional reform but through civil disobedience and direct action,” Hammond told the court. “Yes, I broke the law, but I believe that sometimes laws must be broken in order to make room for change.”