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WHISTLEBLOWERS and LEAKERS NEWSLETTER, Series 2, #4, October 3, 2019
-- OMNI WHISTLEBLOWERS AND LEAKERS NEWSLETTER, Series 2, #4, October 3, 2019. https://jamesrichardbennett.blogspot.com/2019/10/whistleblowers-and-leakers- newsletter-4.html Compiled by Dick Bennett for a Culture of Peace, Justice, and Ecology http://omnicenter.org/donate/ Series 2 #1 May 18, 2015 http://jamesrichardbennett.blogspot.com/2015/05/whistleblowers-and-leakers- newsletter.html #2 Aug. 6, 2016 http://jamesrichardbennett.blogspot.com/2016/08/whistleblowers-and-leakers- newsletter.html #3 Dec. 13, 2018 https://jamesrichardbennett.blogspot.com/2018/12/whistleblower-newsletter-series-2- 3.html CONTENTS: WHISTLEBLOWERS AND LEAKERS NEWSLETTER, Series 2, #4, October 3, 2019. Reporting in the Northwest Arkansas Democrat-Gazette Whistleblower, the Newsletter of Government Accountability Project Bravehearts by Mark Hertsgaard Snowden’s New Book, Permanent Record Jesselyn Radack’s memoir Traitor: The Whistleblower and the American Taliban Whistleblowers Thomas Drake and John Kiriakou Army Reserve Captain, Brittany Ramos Debarros Film: War on Whistleblowers: Free Press and the National Security State TEXTS RECENT ARTICLES IN THE NADG. I can’t compare its reporting of wb and leakers to that of other newspapers, but it is reporting these heroes of truth and democracy, and very well it appears at least at this tense moment in time. Here are examples I have gathered recently (and have in a file) in reverse chronological order. Julian Barnes, et al. (NYT). “Whistleblower Said to Seek Advice Early.” 10-3-19. Hoyt Purvis. “Whistle-blower Claims Demand Gutsy Response.” 10-2-19. Plante. (Tulsa World, Editorial Cartoon). “Save the American Whistleblower.” 10-1-19. D-G Staff. “Schiff: Panel Will Hear from Whistleblower.” 9-30-19. -
Democracy Now!: What the Prosecution of NSA Whistleblower Thomas Drake Is Really About 27.12.16 18:18
Democracy Now!: What the Prosecution of NSA Whistleblower Thomas Drake is Really About 27.12.16 18:18 Buchen Sie hier Ihr Flugerlebnis! flyipilot.de JESSELYN RADACK (/BLOGS/JESSELYN-RADACK) Blog (/blogs/Jesselyn-Radack) Stream (/user/Jesselyn Radack/stream) Democracy Now!: What the Prosecution of NSA Whistleblower Thomas Drake is Really About (/stories/2011/5/18/977111/- ) By Jesselyn Radack (/user/Jesselyn%20Radack) Wednesday May 18, 2011 · 5:06 PM CEST 8 Comments (8 New) (http://www.dailykos.com/story/2011/5/18/977111/-#comments) ! 25 " 0 # (https://twitter.com/intent/tweet? url=http%3A%2F%2Fwww.dailykos.com%2Fstory%2F2011%2F5%2F18%2F977111%2F- &text=Democracy+Now%21%3A+What+the+Prosecution+of+NSA+Whistleblower+Thomas+Drake+is+Really+About) $ RSS I was just on Democracy Now! (/user/Jesselyn (http://www.democracynow.org/2011/5/18/inside_obamas_orw RECOMMENDED LIST % (/USER/RECOMMENDED/HISTORY) Radack/rss.xml) ellian_world_where_whistleblowing) discussing the prosecution of whistleblower Thomas Drake, who used to be a senior Message to my Trump-supporting Facebook executive at the National Security Agency (NSA). I'm glad friends (/stories/2016/12/26/1614776/-Message-to- TAGS people are finally paying attention to this case, thanks to Jane my-Trump-supporting-Facebook-friends) Mayer's explosive cover story in the New Yorker ! 232 & 146 (/stories/2016/12/26/1614776/-Message-to-my-Trump-supporting-Facebook-friends) #Democracy Now Mommadoc (/user/Mommadoc) (/news/Democracy (http://www.newyorker.com/reporting/2011/05/23/110523fa_fa Now) ct_mayer), -
Intelligence Legalism and the National Security Agency's Civil Liberties
112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. -
A Public Accountability Defense for National Security Leakers and Whistleblowers
A Public Accountability Defense For National Security Leakers and Whistleblowers The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, A Public Accountability Defense For National Security Leakers and Whistleblowers, 8 Harv. L. & Pol'y Rev. 281 (2014). Published Version http://www3.law.harvard.edu/journals/hlpr/files/2014/08/ HLP203.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12786017 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP A Public Accountability Defense for National Security Leakers and Whistleblowers Yochai Benkler* In June 2013 Glenn Greenwald, Laura Poitras, and Barton Gellman be- gan to publish stories in The Guardian and The Washington Post based on arguably the most significant national security leak in American history.1 By leaking a large cache of classified documents to these reporters, Edward Snowden launched the most extensive public reassessment of surveillance practices by the American security establishment since the mid-1970s.2 Within six months, nineteen bills had been introduced in Congress to sub- stantially reform the National Security Agency’s (“NSA”) bulk collection program and its oversight process;3 a federal judge had held that one of the major disclosed programs violated the -
The Office of Legal Counsel and Torture: the Law As Both a Sword and Shield
Note The Office of Legal Counsel and Torture: The Law as Both a Sword and Shield Ross L. Weiner* And let me just add one thing. And this is a stark contrast here because we are nation [sic] of laws, and we are a nation of values. The terrorists follow no rules. They follow no laws. We will wage and win this war on terrorism and defeat the terrorists. And we will do so in a way that’s consistent with our values and our laws, and consistent with the direction the President laid out.1 —Scott McClellan, Spokesman to President George W. Bush, June 22, 2004 * J.D., expected May 2009, The George Washington University Law School; B.A., 2004, Colgate University. I would like to thank Kimberly L. Sikora Panza and Charlie Pollack for reading early drafts and guiding me on my way. I am indebted to the editors of The George Washington Law Review for all of their thoroughness and dedication in preparing this Note for publication. Finally, thank you to my parents, Tammy and Marc Levine, and Howard and Patti Weiner, for all their hard work. 1 Press Briefing, White House Counsel Judge Alberto Gonzales, Dep’t of Defense (“DoD”) Gen. Counsel William Haynes, DoD Deputy Gen. Counsel Daniel Dell’Orto, and Army Deputy Chief of Staff for Intelligence Gen. Keith Alexander (June 22, 2004) [hereinafter Press Briefing], available at http://georgewbush-whitehouse.archives.gov/news/releases/2004/06/ 20040622-14.html. February 2009 Vol. 77 No. 2 524 2009] The Law as Both a Sword and a Shield 525 Introduction On September 11, 2001, nineteen men, each a member of al- Qaeda,2 hijacked and crashed four airplanes, killing nearly 3,000 Americans. -
How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs
City University of New York Law Review Volume 24 Issue 1 Winter 2021 How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs Emma Mendelson CUNY School of Law Follow this and additional works at: https://academicworks.cuny.edu/clr Part of the Law Commons Recommended Citation Emma Mendelson, How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs, 24 CUNY L. Rev. 35 (2021). Available at: https://academicworks.cuny.edu/clr/vol24/iss1/4 The CUNY Law Review is published by the Office of Library Services at the City University of New York. For more information please contact [email protected]. HOW THE FALLOUT FROM POST-9/11 SURVEILLANCE PROGRAMS CAN INFORM PRIVACY PROTECTIONS FOR COVID-19 CONTACT TRACING PROGRAMS Emma Mendelson† INTRODUCTION ................................................................... 35 I. THE BUSH ADMINISTRATION AND THE BROADENED SCOPE OF SURVEILLANCE ................................................................... 38 A. The Law and the NSA .................................................... 38 B. The Wave of Backlash Comes Crashing Down ............. 44 II. NATIONAL SECURITY AND PUBLIC HEALTH SURVEILLANCE DURING COVID-19 ........................................................... 46 A. Background on the Data Changes Since 9/11 .............. 47 B. What Does Surveillance During the COVID-19 Pandemic Look Like? .................................................. 48 C. Emerging Criticisms -
Transcription: Interview with Jesselyn Radack File: JR Cam B.Mp4
1! Transcription: Interview with Jesselyn Radack File: JR cam B.mp4 ! N Timecodes Speaker Text 1 00:00:00,000 Interviewer if you could state your name for sound check? 00:00:04,100 2 00:00:04,100 Jesselyn Jesselyn Radack, I am with the governament 00:00:08,480 Radack accountability project 3 00:00:08,980 Jesselyn One, two, three, four, five, six, seven, eight, nine, ten. 00:00:17,340 Radack 4 00:00:48,480 Interviewer overview and Lind story 00:01:06,880 5 00:01:06,880 Jesselyn sure I think the Lind... I think my case 00:01:09,200 Radack 6 00:01:09,430 Jesselyn relates to what's going on now because as bad as my 00:01:13,170 Radack case was it's nothing 7 00:01:13,170 Jesselyn compared to what whistleblowers are going through 00:01:15,330 Radack now 8 00:01:15,330 Interviewer no, I like you, you talked before about that it's... 00:01:19,430 9 00:01:19,430 Interviewer that you feel in some way you experienced first stop 00:01:24,780 something yeah 10 00:01:24,780 Interviewer that was that was the first example in some way 00:01:27,110 11 00:01:27,110 Interviewer and in some way also how I look at it also very much 00:01:31,159 a clear example 12 00:01:31,159 Interviewer So in some way I think your grasped in on a whole 00:01:37,819 series of it? 13 00:01:38,020 Jesselyn I think my foreshadowed it I mean it was a federal 00:01:41,600 Radack criminal leak 14 00:01:41,619 Jesselyn investigation 'em.. -
The Freedom of Information Act and the Ecology of Transparency
University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 9-2-2008 The rF eedom of Information Act and the Ecology of Transparency Seth F. Kreimer University of Pennsylvania, [email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Administrative Law Commons, American Politics Commons, Civil Rights and Discrimination Commons, Communications Law Commons, Constitutional Law Commons, Law and Society Commons, Legislation Commons, Politics Commons, President/Executive Department Commons, Public Affairs, Public Policy and Public Administration Commons, and the Public Law and Legal Theory Commons Recommended Citation Kreimer, Seth F., "The rF eedom of Information Act and the Ecology of Transparency" (2008). Faculty Scholarship. Paper 192. http://scholarship.law.upenn.edu/faculty_scholarship/192 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. THE FREEDOM OF INFORMATION ACT AND THE ECOLOGY OF TRANSPARENCY Seth F. Kreimer∗ TABLE OF CONTENTS I. INTRODUCTION: THE FLAWS OF FOIA? .................................1012 II. THE ECOLOGY OF TRANSPARENCY: FOIA AND CONSTITUTIVE STRUCTURE .................................................1016 A. “If a Policy Falls in the Forest and No Trees Are Killed”: The Creation of Records...............................1017 B. A Machine that Won’t Go Of Itself: FOIA Requesters1020 C. FOIA and Spheres of Public Contention .....................1025 1. Prerequisite Knowledge and Public Contention...1025 a. The Problem of Aladdin’s Lamp and the Status of “Deep Secrets” ................................1025 b. -
The Criminalization of Whistleblowing
THE CRIMINALIZATION OF WHISTLEBLOWING JESSELYN RADACK & KATHLEEN MCCLELLAN1 INTRODUCTION The year 2009 began a disturbing new trend: the criminalization of whistleblowing. The Obama administration has pursued a quiet but relentless campaign against the news media and their sources. This Article focuses on the sources who, more often than not, are whistleblowers. A spate of “leak” prosecutions brought under the Espionage Act2 has shaken the world of whistleblower attorneys, good- government groups, transparency organizations, and civil liberties advocates. The Obama administration has prosecuted fi ve criminal cases 1. Jesselyn Radack is National Security and Human Rights Director at the Government Accountability Project (GAP), a non-profi t organization dedicated to promoting corporate and government accountability by protecting whistleblowers, advancing occupational free speech, and empowering citizen activists. Kathleen McClellan is National Security and Human Rights Counsel at GAP. 2. Espionage Act of 1917, Pub. L. 65-24, 40 Stat. 217 (June 15, 1917). 57 58 THE LABOR & EMPLOYMENT LAW FORUM [Vol. 2:1 under the Espionage Act, which is more than all other presidential administrations combined.3 These “leak” prosecutions send a chilling message to public servants, as they are contrary to President Barack Obama’s pledge of openness and transparency.4 The vast majority of American citizens do not take issue with the proposition that some things should be kept secret, such as sources and methods, nuclear designs, troop movements, and undercover identities.5 However, the campaign to fl ush out media sources smacks of retaliation and intimidation. The Obama administration is right to protect information that might legitimately undermine national security or put Americans at risk. -
Damming the Leaks: Balancing National Security, Whistleblowing and the Public Interest
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lincoln Memorial University, Duncan School of Law: Digital Commons... LINCOLN MEMORIAL UNIVERSITY LAW REVIEW _____________________________________ VOLUME 3 FALL 2015 _____________________________________ DAMMING THE LEAKS: BALANCING NATIONAL SECURITY, WHISTLEBLOWING AND THE PUBLIC INTEREST Jason Zenor1 In the last few years we have had a number of infamous national security leaks and prosecutions. Many have argued that these people have done a great service for our nation by revealing the wrongdoings of the defense agencies. However, the law is quite clear- those national security employees who leak classified information are subject to lengthy prison sentences or in some cases, even execution as a traitor. In response to the draconian national security laws, this article proposes a new policy which fosters the free flow of information. First, the article outlines the recent history of national security leaks and the government response to the perpetrators. Next, the article outlines the information policy of the defense industry including the document classification system, the Freedom of Information Act (FOIA), whistleblower laws and the Espionage Act. Finally, the article outlines a new policy that will advance government transparency by promoting whistleblowing that serves the public interest, while balancing it with government efficiency 1 Assistant Professor, School of Communication, Media and the Arts, State University of New York-Oswego. DAMMING THE LEAKS 62 by encouraging proper channels of dissemination that actually respond to exposures of government mismanagement. “The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic.” Justice Hugo Black2 “The oath of allegiance is not an oath of secrecy [but rather] an oath to the Constitution.” Edward Snowden3 I. -
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. -
The Surveillance State and National Security a Senior
University of California, Santa Cruz 32 Years After Orwellian “1984”: The Surveillance State and National Security A Senior Thesis submitted in partial satisfaction of the requirements for the degree of BACHELORS OF ARTS IN SOCIOLOGY AND LEGAL STUDIES by Ean L. Brown March 2016 Advisor: Professor Hiroshi Fukurai This work is dedicated to my dad Rex along with my family and friends who inspired me to go the extra mile. Special thanks to Francesca Guerra of the Sociology Department, Ryan Coonerty of the Legal Studies Department and Margaret Shannon of Long Beach City College for their additional advising and support. 2 Abstract This paper examines the recent National Security Agency (NSA) document leak by former NSA contractor Edward Snowden and analyzes select programs (i.e. PRISM, Dishfire, and Fairview) to uncover how the agency has maintained social control in the digital era. Such governmental programs, mining domestic data freely from the world’s top technology companies (i.e. Facebook, Google, and Verizon) and listening in on private conversations, ultimately pose a significant threat to the relation of person and government, not to mention social stability as a whole. The paper will also examine the recent government document leak The Drone Papers to detail and conceptualize how NSA surveillance programs are used abroad in Afghanistan, Somalia and Yemen. Specifically, this work analyzes how current law is slowly eroding to make room for the ever-increasing surveillance on millions of innocent Americans as well as the changing standard of proof through critical analysis of international law and First and Fourth Amendment Constitutional law.