Eventually Convicted

BradleyManningAs expected, an example was made when Pfc Bradley Manning was convicted today for 20 charges including espionage but not for “aiding the enemy”. Leaking material which demonstrates a government’s wrongdoings and even war crimes is a risky business. Manning has leaked material on the Iraq and Afghanistan wars which will keep historians busy for decades. The shocking targeted killing of unarmed civilians in 2007 in Baghdad in an Apache helicopter attack is still unatoned. Some of the leaked U.S. diplomatic cables may in fact have sparked the Arab Spring.

Manning pays a high price. Until his court martial commenced he was detained for three years, at times under circumstances which had been condemned by Amnesty International as torture. He will now most probably stay behind bars for the rest of his life.

30 July 2013 @ 6:35 pm.

Last modified July 30, 2013.

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Blush of Shame

Bruce Fein, Lon Snowden’s counsel in his son Edward Snowden’s case, has written a sharp open letter to President Obama which MSNBC has published [pdf]. The tone of the letter is disrespectful, just what constitutional law professor Obama obviously deserves. It points to the numerous wrongdoings of his administration since Edward Snowden has given his interview on the emerging mass surveillance state in America to Guardian reporters in Hong Kong in June. It does not even contain the most recent scandalous offer by U.S attorney general Eric Holder to his Russian counterpart Alexander Vladimirovich that, if extradited, the US “would not seek the death penalty even if Mr Snowden were charged with additional, death penalty-eligible crimes.” Snowden had mentioned, in his application of temporary asylum, possible torture and/or execution if returned to the United States. Holder has stated that “[t]orture is unlawful in the United States.”

As mentioned above, the letter is anything else than conciliatory. It is meant to blush Obama’s face with shame. It concludes, entertaining not or never persecuted, by the administration, “friendly leaks”,

“We also find reprehensible your administration’s Espionage Act prosecution of Edward for disclosures indistinguishable from those which routinely find their way into the public domain via your high level appointees for partisan political advantage. Classified details of your predator drone protocols, for instance, were shared with the New York Times with impunity to bolster your national security credentials. Justice Jackson observed in Railway Express Agency, Inc. v, New York: ‘The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally.’

In light of the circumstances amplified above, we urge you to order the Attorney General to move to dismiss the outstanding criminal complaint against Edward, and to support legislation to remedy the NSA surveillance abuses he revealed. Such presidential directives would mark your finest constitutional and moral hour.” (Emphasis added.)

Apparently, Bradley Manning’s and Snowden’s cases are very close. Both are idealistic young men deeply concerned about what is going on in the United States in particular under the Obama administration.

27 July 2013 @ 2:08 pm.

Last modified July 27, 2013.

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False Promises

Obama02

On the eve of the Bradley Manning court martial verdict on charges including “aiding the enemy”, Huffington Post reports that the website Change.gov (“the office of the president-elect”) where the elect president of 2008, Barack Obama, had laid out his plenty of promises including protecting whistle-blowers has disappeared (it can still be viewed on Wayback archives) ; it’s interesting to check what else he and his designated VP Joe Biden have written then). There he once wrote (according to HuffPost):

“Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.” (No need to add emphasis.)

Apparently, President Obama has meanwhile changed his mind on whistle-blowers. Whistle-blowers are now being prosecuted relentlessly as far as they uncover Government’s wrongdoings and crimes (whistle-blowers with more favorable news are usually spared of prosecution, see for instance  here and here). Other full-bodied promises of the 2008 presidential hopeful such as closing Gitmo, have not been met either. More worrying, unimaginable developments such as the vast extension of a global assassination campaign (Noam Chomsky) and drone war in several countries of the Middle East and AfPak (according to Wikipedia, “a neologism used by the U.S. foreign policy circles to designate Afghanistan and Pakistan as a single theater of operations”), the Disposition Matrix (an Orwellian term for a personal, well, Obama’s, kill list) targeting even U.S. American citizens in Yemen; and an unbelievable clandestine upgrading of mass electronic surveillance data mining of all communication on Planet Earth (which goes way beyond whatever George Orwell had actually in mind; a global version of Jeremy Benthem’s Panopticon) have emerged.

President Obama may still lull and distract many with his rhetoric, be it about American racism and Trayvor Martin or victims of the school shooting in Newton, Conn. The glamor is long gone.

27 July 2013 @ 6:42 am.

Last modified July 27, 2013.

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Helen Thomas R.I.P.

Legendary White House press corps senior correspondent Helen Thomas has passed before yesterday at age 92.  Believe it or not but she had been after nine presidents of the United States since J.F. Kennedy in the 1960s.

Because of some inconsiderate spontaneous remarks about Israel she had been forced to resign three years ago. Young rabbi David Nesenoff has asked her a couple of questions on the occasion of the Jewish Heritage Celebration Day and she apparently wasn’t aware that both her warm advise about journalism and firm stance on where Jews should go (“Get the hell out of Palestine”) had been recorded with a smart phone, then broadcast world wide. The slip was noticed too late when she abruptly finished the talk with the young rabbi and changed the topic.

It is worth to check the sequence again. My sympathies have been and are with Helen. After another three years of illegal settlements in the West bank she had told the rabbi what has to be said.

21 July 2013 @ 5:44 pm.

Last modified July 21, 2013.

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Gordon Humphrey, now Jimmy Carter

High profile public support for Edward Snowden is rare. After the Guardian had reported that former Republican Senator Gordon Humphrey had exchanged some friedly emails with NSA whistle-blower Edward Snowden, Der Spiegel (only in its German version) knows that former President and Nobel Peace laureate Jimmy Carter has condemned the so far revealed surveillance practices of the NSA and even claims that “America does not have a functional democracy at the moment.” Slowdens leaks, he said, are useful. He made his remarks in a speech in Atlanta at Die Atlantikbrücke, a private, non-profit, nonpartisan association with the goal of building a bridge between Germany and the United States.

What is interesting is that Humphrey’s email to Snowden went first to Glenn Greenwald, the Guardian journalists who had mainly reported on Snowden’s leaks.

 

17 July 2013 @ 5:42 pm.

Last modified July 17, 2013.

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