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Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11 Thomas Drake Walden University

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Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11 Thomas Drake Walden University Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2017 Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11 Thomas Drake Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Thomas Drake has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. George Larkin, Committee Chairperson, Public Policy and Administration Faculty Dr. Ron Hirschbein, Committee Member, Public Policy and Administration Faculty Dr. Tanya Settles, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2017 Abstract Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11 by Thomas A. Drake Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy School of Public Policy and Administration Walden University May 2017 Abstract Many researchers and political experts have commented on the disenfranchisement of the citizenry caused by irresponsible use of power by the government that potentially violates the 4th Amendment rights of millions of people through secret mass surveillance programs. Disclosures of this abuse of power are presumably protected by the 1st Amendment, though when constitutional protections are not followed by the government, the result can be prosecution and imprisonment of whistleblowers. Using a critical autoethnographic approach, the purpose of this study was to examine the devolution of democratic governance and constitutional rights in the United States since 9/11. Using the phenomena of my signature indictment (the first whistleblower since Daniel Ellsberg was charged under the Espionage Act) and prosecution by the U.S. government, data were collected through interviews with experts associated with this unique circumstance. These data, including my own recollections of the event, were inductively coded and subjected to a thematic analysis procedure. The findings revealed that the use of national security as the primary grounds to suppress democracy and the voices of whistleblowers speaking truth to, and about, power increased authoritarian tendencies in government. These tendencies gave rise to extra-legal autocratic behavior and sovereign state control over the institutions of democratic governance. Positive social change can only take place in a society that has robust governance and social structures that strengthen democracy, human rights, and the rule of law, and do not inhibit or suppress them. Eyewitness to History in Devolution of Democracy and Constitutional Rights Following 9/11 by Thomas A. Drake Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy School of Public Policy and Administration Walden University May 2017 Dedication I dedicate this study to Jesselyn Radack, Director of the Whistleblower and Source Protection Program (WHISPeR) with ExposeFacts. I consider her the pioneering post 9/11 whistleblower when there was no one there to defend her, after she spoke out as a government ethics attorney against injustice and ethical violations committed by the U.S. Department of Justice, and was personally and professionally punished, persecuted and sanctioned for her actions in the defense of human rights and due process. She became my indefatigable and fierce whistleblower attorney, resolute public advocate and matchless defender during the worst of my ordeal facing down the government’s vindictive and malicious Espionage Act prosecution against me with very long odds. She was also my clarion voice and conscience in the court of public opinion and with the press, fearlessly and so courageously – speaking truth to and about power. In the end, and due in no small part to her extraordinary defense of me privately and publicly, I kept my precious freedoms and liberties that she so well protected on behalf of me. She continues to dedicate her professional life supporting and defending whistleblowers everywhere – and bringing sunshine to light on the dark deeds of those who would abuse and misuse power as the best form of disinfectant, while providing critical legal services for whistleblowers and media sources in the national security and human rights arena. It is an honor to stand with her in tandem as eyewitness to injustice along that long arc of history – bending it together just a little bit closer toward justice. Acknowledgments I wish to acknowledge my mother who continually encouraged me, my father for always promoting education, and my best friend for his regular and sustaining support. Although my mother passed away just before I began the formal research, I promised her I would see it through. I also want to express my appreciation to Marta Denchfield, a fellow Walden PhD student during our early years attending residencies and colloquia, for her steadfast support and encouragement. In addition, I want to thank my first methodologist, Dr. John Nirenberg for suggesting the auto-ethnographic approach for this study, even though it was nontraditional and required particular care and attention for the research. Finally, it is with great sadness that I also want to acknowledge my previous Chair for this study, Dr. Ian Birdsall. He tragically passed away four days after I successfully defended my Proposal before my Committee. His words of wisdom and perspective gave me the persistence to see this long journey through and realize an academic dream turn into reality. Table of Contents List of Figures ......................................................................................................................v Chapter 1: Introduction to the Study ....................................................................................1 Introduction ....................................................................................................................1 Social Implications.................................................................................................. 1 Background ....................................................................................................................2 Problem Statement .......................................................................................................10 Research Gap ........................................................................................................ 12 Purpose of the Study ....................................................................................................14 Research Question .......................................................................................................15 Theoretical Framework for the Study ..........................................................................15 Whistleblowing as Autoethnography .................................................................... 27 Nature of the Study ......................................................................................................28 Historical and Contemporary Definitions ....................................................................30 Assumptions .................................................................................................................37 Scope and Delimitations ..............................................................................................39 Limitations ...................................................................................................................41 Significance and Implication for Social Change .........................................................42 Summary ......................................................................................................................46 Chapter 2: Literature Review .............................................................................................48 Introduction ..................................................................................................................48 i Literature Search Strategy............................................................................................49 Theoretical Foundation ................................................................................................50 Literature Review.........................................................................................................61 Democratic Governance........................................................................................ 61 Constitution and Rule of Law ............................................................................... 80 National Security and Secrecy .............................................................................. 92 Privacy and Liberty ............................................................................................... 99 Whistleblowers and Law..................................................................................... 102 Summary and
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