Saturday, April 17, 2010


What the whistleblower prosecution says about the Obama DOJ
The more I think and read about the Obama DOJ's prosecution of NSA whistleblower Thomas Drake, the more I think this might actually be one of the worst steps the Obama administration has taken yet, if not the single worst step -- and that's obviously saying a lot. During the Bush years, in the wake of the NSA scandal, I used to write post after post about how warped and dangerous it was that the Bush DOJ was protecting the people who criminally spied on Americans (Bush, Cheney Michael Hayden) while simultaneously threatening to prosecute the whistle-blowers who exposed misconduct. But the Bush DOJ never actually followed through on those menacing threats; no NSA whistle-blowers were indicted during Bush's term (though several were threatened). It took the election of Barack Obama for that to happen, as his handpicked Assistant Attorney General publicly boasted yesterday of the indictment against Drake.

Aside from the indefensible fact that only crimes committed by high-level Bush officials -- but nobody else -- enjoy the benefits of Obama's "Look Forward, Not Backward" decree, think about the interests being served by this prosecution....

...It's not hyperbole to say that Bush's decision to use the NSA to spy domestically on American citizens was one of the most significant stories of this generation. It was long recognized that turning the NSA inward was one of the greatest dangers to freedom, as Sen. Frank Church warned back in 1975, after he investigated America's secret surveillance apparatus: "That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide." It was, of course, the December 16, 2005, New York Times article by Jim Risen and Eric Lichtblau which first disclosed that the Bush NSA was illegally eavesdropping on American citizens inside the U.S., but Gorman's articles regarding the Trailblazer program -- in the time period covered by the indictment, using NSA sources (almost certainly including Drake) -- provided crucial details about how and why the Bush NSA dispensed with key safeguards to protect innocent Americans from such invasive domestic surveillance....

...Think about to whose interests the Obama DOJ is devoted given that -- while they protect the most profound Bush crimes based on the Presidential decree of "Look Forward, Not Backward" -- they chose this whistle-blower to prosecute (and Drake, incidentally, is apparently impoverished, as he's been assigned a Public Defender to represent him). In the process, of course, the Obama DOJ also intimidates and deters future whistle-blowers from exposing what they know, thus further suffocating one of the very few remaining mechanisms Americans have to learn about what takes place behind the virtually impenetrable Wall of Secrecy surrounding the Surveillance State -- a Wall of Secrecy which the Obama administration, through its promiscuous use of "state secrets" and immunity claims, has relentlessly fortified and expanded. Anyone who doubts that whistle-blower prosecutions like this are intended to prevent any further disclosures of wrongdoing should simply review the 2008 Pentagon report which identified WikiLeaks as a major threat to the U.S. and proposed that exposure and prosecution of their sources would crush their ability to obtain further leaks....