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US Pressing Its Crackdown Against Leaks

NotSanguine writes with this quote from a NY Times article: "The Justice Department shows no sign of rethinking its campaign to punish unauthorized disclosures to the news media, with five criminal cases so far under President Obama, compared with three under all previous presidents combined. This week, a grand jury in Virginia heard testimony in a continuing investigation of WikiLeaks, the antisecrecy group, a rare effort to prosecute those who publish secrets, rather than those who leak them. The string of cases reflects a broad belief across two administrations and in both parties in Congress that leaks have gotten out of hand, endangering intelligence agents and exposing American spying methods."

32 of 213 comments (clear)

  1. Non Classified data by nurb432 · · Score: 3, Insightful

    Is paid for by the public, so is owned by the public. ( well so is classified, but there is a difference )

    The government works for US, remember? Or at least that is how its supposed to work.

    --
    ---- Booth was a patriot ----
    1. Re:Non Classified data by Anonymous Coward · · Score: 3, Insightful

      The government works for US, remember?

      If I may quote the epic Rap New 6:

      (impersonated) Hillary Clinton:
          This is a case of high treason
          It's against the land of the brave and divine freedom
          We're the good guys, for democracy we fight evil
          and we wage peace around the world, proud of the flag

          These leaks could devalue this powerful brand,
          bring military operations straight to a halt.
          Our shareholders, clients and partners would plainly revolt.

      Robert Foster (journalist/interviewer):
          But aren't you beholden to the American public
          and isn't the US one of the primary culprits
          in overthrowing governments

      Hillary Clinton:
          Such as?

      Robert Foster:
          Chili, Iran, Nicaragua

      Hillary Clinton:
          Please, stop with the drama.

          The American people are our employees
          whose taxes fund the wars that support our schemes.
          Their kids become troops we send overseas
          in return for mega malls and the American Dream.

          And if our client states don't like the things that we do
          we install a dictator with a CIA coup.
          In foreign relations subversion is the method we use.
          Wikileaks threathens the system so it's a terrorist group.

      Yes, it's over the top and no, I don't think the US is the cause of all evil in the world. But there's quite a bit of truth in there too. And the Hillary impersonation beats the real one ten times over :)

    2. Re:Non Classified data by Anonymous Coward · · Score: 2, Interesting

      Yes. When I read "The string of cases reflects a broad belief across two administrations and in both parties in Congress that leaks have gotten out of hand.." I immediately thought it should be

      "The string of cases reflects a broad belief across the American public that the actions of the two administrations and both parties in Congress have gotten out of hand..."

    3. Re:Non Classified data by WNight · · Score: 4, Insightful

      For most things on the list, no, they don't need protection. Treat them like passwords. If discovered, change them, don't legislate their secrecy and keep using them.

      For instance, military plans. If they do leak, assume they could have leaked twice and instead of cracking down, make new plans.

      BTW, if you're afraid of terrorism you're a mindless puppet. Look at 9/11 - oppressed freedom fighters kill 3000 people to bring attention to ongoing injustice perpetrated by us. They're labelled terrorists and we kill well over a million people in response.

  2. LOL, American Freedom! by Anonymous Coward · · Score: 3, Interesting

    LOL, is this the "American Freedom" I always heard so much about as a youth growing up in Eastern Europe just after the fall of Communism?

    1. Re:LOL, American Freedom! by causality · · Score: 5, Insightful

      Two parties are twice as free as one.

      One party that uses two divisions to pretend to be two distinct parties is slightly more free than one party that drops the entire facade altogether.

      Jesse Ventura gave a good explanation of how politics works. He said it's like pro wrestling. Sure, in the ring the wrestlers talk trash about each other and appear to be fighting each other. After the rigged match, they go out together and have a beer as friends. With wrestling it's the advertising money that does the rigging; with politics it's campaign funds.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    2. Re:LOL, American Freedom! by causality · · Score: 4, Insightful

      I think they just practice the same strategy - get into office, spend everything you can while cancelling anything the other team was doing, then sit back and take credit for whatever 21st century stuff happened while you were in.

      In that case, why the exclusivity? Have you ever actually read about what happens when any third party tries to even get on the ballot? Suddenly the most obscure laws and technical details become supremely important. It is not a straightforward process and it is not intended to be.

      Then after getting on the ballot, there's the matter of funding your campaign so you even have a chance of election. Unless you're independently very wealthy like Ross Perot was, you either join one of the two major parties and play by their rules or you have no support. Even with his billionaire bankroll, Perot could do nothing more than split the Republican vote.

      The two parties are different branches of a single organization. That organization's purpose is to do for modern politics what the guilds of old did for trade: to raise the barrier of entry in order to lock out competitors. Then the duopoly (really a monopoly, not that there's much difference) is maintained and can never be seriously challenged.

      To see this purpose, this function of a guild, is crucial if you are to understand the actual nature and purpose of the USA's two-party system. Only a certain kind of politician will be vetted and accepted by it. That's why the government is going to grow in size and power no matter who wins the election. They're both puppets because both are afraid to bite the hands that feed them. They are not free to vote their conscience even if they do have one.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    3. Re:LOL, American Freedom! by Jane+Q.+Public · · Score: 3, Insightful

      That may be true, but it doesn't absolve Obama of responsibility for the things he does or supports, no matter the level of coercion brought about by others.

      As far as I know, John F. Kennedy was the last President to actively stand up to "them". All since have been ball-less wonders in comparison.

    4. Re:LOL, American Freedom! by endymion.nz · · Score: 2

      Or, you know, if your government's foreign policy wasn't so damned contemptible you wouldn't even have to that.

      --
      mediocrity rules, man
    5. Re:LOL, American Freedom! by jon_doh2.0 · · Score: 2

      "...aside from his leftist leanings"

      Firstly, dont you think the whole left/right thing is a bit of a false dichotomy? Why should believing in one policy necessarily discern your beliefs in other ares? Because you are part of a side?

      Secondly, You only have to look at history to see that beliefs held by conservatives at any one time end up being seen as unacceptable by the majority in time, eg, equal rights for non-"white" Americans and women. Resisting change is futile, flux is the base state.

    6. Re:LOL, American Freedom! by MrBigInThePants · · Score: 4, Interesting

      Yes it is. I believe that was the Regan era you speak of? Well this is pretty much the same mentality.

      Chomsky referred to the dems and repubs as "two arms of the business party" and it could never be more true than today.

      What you are seeing with wiki (and other) leaks is an open challenge to the government-corp-media stranglehold on the truth that currently exists. (Not just in the US BTW - Murdoch and CO. are worldwide now)
      Obviously the government-corp-media machine needs to kill this and the legislators faithfully rise to the challenge.
      This "machine" of course is now heavily blurred in terms of who does what, but then you would expect that considering how closely they work together. Eg. ex politicians on the news, ex CEOs of Goldman (& others) advising the POTUS, new people hired as PR and spokespeople, lobbyists etc

      So what is the big surprise?

      PS: Sorry for being so cynical but at this point I really cannot see any other appropriate response, can you?

  3. Change you can believe in. by Zaphod-AVA · · Score: 5, Informative

    "Transparency and the rule of law will be the touchstones of this presidency" - President Barack Obama

    1. Re:Change you can believe in. by geekmux · · Score: 5, Informative

      "Transparency and the rule of law will be the touchstones of this presidency" - President Barack Obama

      Exactly. He asked for this, and now he wants to lock people up and throw away the key for trying to help him stay true to his own words. Nice, real nice.

    2. Re:Change you can believe in. by hedwards · · Score: 2, Informative

      You are aware that the Republicans refuse to fund closing GITMO, right? The President has powers, but ending Iraq and GITMO in a responsible way aren't within his ability. Yes, he could just order the military out of Iraq and to hell with the consequences and he could just order the gates at GITMO opened, and for the personnel to look the other way. Nobody in their right mind thinks that's an acceptable solution to the problem.

      As long as the GOP continues to obstruct government, there's little that the President can do. The VP however, as President of the Senate, could declare the Senate to not be a continuing body, which would cut through most of the means by which the GOP has been holding things up. I'm not sure why that hasn't happened. That used to be the case, and considering how abused the filibuster has been lately, it would be a step forward. It's not like the GOP is even acting in any sort of good faith.

    3. Re:Change you can believe in. by Anonymous Coward · · Score: 2, Insightful

      Simply blaming the Republicans doesn't hold water since the Democrats had a majority in Congress and the White House for two years. I have no doubt that the Republicans refused to cooperate, but the Democrats failed us, too.

    4. Re:Change you can believe in. by Jane+Q.+Public · · Score: 2

      "You are aware that the Republicans refuse to fund closing GITMO, right?"

      So what? You know that public opinion is very much against Gitmo, and if the President chose to really raise a stink about it, the Republicans would have no choice but to back down.

      He hasn't. And he won't. Because he doesn't really want to close it. And never did.

    5. Re:Change you can believe in. by hedwards · · Score: 2

      Nice try, but that's not actually true. The Democrats never had a veto proof majority during the 111th congress, there was a period between July and September of 2009 when they had precisely 60 votes, meaning that they had to have absolutely every member of their party on board plus the 2 independents in order to get the cloture vote.

      It's easy to make those sorts of ignorant potshots when you don't know what you're talking about.

  4. ok i am just super confused by decora · · Score: 5, Interesting

    "endangering intelligence agents and exposing American spying methods."

    I would like someone to explain to me how the Thomas Drake case involved anything remotely resembling the endangerment of intelligence agents. Furthermore, the domestic spying he exposed was illegal. Exposing that is not a crime, and nobody should be 'worried' about 'exposing' crimes. Furthermore, he did not release any classified information, nor was he even charged with doing so.

    I do not understand how the Kim case, has no relationship whatsoever to intelligence agents, nor spying. It is about educated guessing about North Korea's weapons testing. One time, in a single telephone conversation, with a reporter. Where is the 'intelligence agent' here? Where is the 'spying methods'?

    The Manning case has almost nothing to do with spying methods, as far as we know. Otherwise, they probably would have charged him under 18 USC 798 - they didn't. They charged him with 34 other things. 3 of those charges relate to the Icleandic banking scandal - i do not understand how that has anything to do with spying methods nor with intelligence agents. Is every state department employee now an 'intelligence agent'?

    The Leibowitz case - we have no idea what the details of the case are. Even the judge doesn't know the details of the case. Leibowitz plead out because they scared him. What little we know is that he found out the FBI was engaged in illegal activity related to signals intelligence work. Two guesses as to what that is.

    I will admit, the Sterling case is about intelligence agents and spying methods. It is about how the CIA accidentally screwed up and gave Iran accurate nuclear weapons information instead of inaccurate information. Let me just ask you - do you think the public is better off knowing that, or not?

    The Wikileaks case - well, please let me know when there is concrete evidence that any intelligence agents have been harmed by wikileaks. Some ambassadors have been harmed - then again, ambassadors are quite often simply the biggest campaign donors to the president. That's how ambassadorships work. If those people are 'intelligence agents', well, I have to wonder about the wisdom of making campaign donors into intelligence agents. Shouldn't we be picking professionals instead?

    I also haven't seen anything yet about any wikileaks cables that reveal spying information. Gun camera footage is all over youtube, should all of those youtube users now be charged under the Espionage act too?

    1. Re:ok i am just super confused by endymion.nz · · Score: 2

      "When the government does something that The People clearly oppose, then it is not The People doing it, and it is wrong to spread the blame. These things are being and have been done by people in government who are no better than criminals. Are criminals, in fact."

      So, you elect criminals, and then when they do criminal things, you pretend you didn't elect them? Whether Americans think they should be held responsible for the actions of their government is irrelevant. Your living standards are too high for your to look around and see what is being done in your name. The rest of us don't care much for your schizophrenic world view.

      --
      mediocrity rules, man
  5. Unaccountable Authority by Apl+Way · · Score: 5, Insightful
    Americans are accepting more and more, unaccountable authority.

    "Everything secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity." - Lord Acton. This is from the same guy that said, power corrupts, and absolute power corrupts, absolutely.

    Government needs to be accountable.

  6. new lessons to teach kids in school by TheGratefulNet · · Score: 5, Interesting

    1) the US does whatever the hell it wants. it does not ask permission and it seeks out those who disagree for intent of harm.

    2) this is not a disney movie, this life we all lead. the line between good and bad guys is often non-existent. stop thinking in binary fashion. the US isn't good and it isn't evil, its JUST ANOTHER COUNTRY run by rich white men who like to keep the power base the way it is (and pretty much has been).

    3) we spy. they spy. everyone spies. not only that, but countries do not respect their own people and will spy on them. kids, learn this. be watchful of EVERYTHING you say or write or photo. this is now universal since all countries have latched onto this 'we control your life, entirely' mentality.

    4) power corrupts and the more you give the government, the more they'll screw you over (now or later) with it. no such thing as 'temporary powers'. don't ever fall for THAT line again, please.

    5) cops, judges, politicians, lawyers; those in authority are there because they are mentally unbalanced and have this need for control. the higher the position, the more corruptable the job is and the more 'attractive' it is to such sick people. beware of those in authority and realize WHY they seeked out those kinds of jobs. avoid dealing or interacting with these people in life, they are not your friends and not worth your friendship. they'll stab you at first chance if it suits them.

    none of this is taught in schools (on purpose). we intentionally lie to our kids when we raise them. then, about teen age, they see the lies we have been telling them. problem is, we have already raised generations of people on pure lies who believe in this 'two party system' and that if you have done nothing wrong, (...). we have a lot of really dumb cattle walking around as human beings with a totally false idea of how the world really works.

    start with truth about what our world is like. you can't fix things if you don't even see them for how they really are.

    --

    --
    "It is now safe to switch off your computer."
    1. Re:new lessons to teach kids in school by Jane+Q.+Public · · Score: 2

      No, he's a rich black man who lies out his ass. I'm not picking on him for his color, but for his blatant lying. He has been worse in that regard than most other Presidents. In many cases, he has done exactly the opposite of his campaign promises.

    2. Re:new lessons to teach kids in school by jon_doh2.0 · · Score: 2

      The guy is as much white as he is black. I hate the way the media always refer to him as a black man. It is reminiscent of the bad old days, when all people of colour were seen as lesser and any "black" blood had you relegated to that category. We might call him African American (bearing in mind he is also European American) if his heritage must be singled out.

  7. US interests by arnott · · Score: 2
    In a pure coincidence, Gaddafi impeded U.S. oil interests before the war

    Is there anything more obvious -- as the world's oil supplies rapidly diminish -- than the fact that our prime objective is to remove Gaddafi and install a regime that is a far more reliable servant to Western oil interests, and that protecting civilians was the justifying pretext for this war, not the purpose?

    Conflict in Libya: U.S. oil companies sit on sidelines as Gaddafi maintains hold

    In late February 2008, Mulva was “summoned to Sirte for a half-hour ‘browbeating’” from Gaddafi, according to a U.S. State Department cable made available by WikiLeaks. Gaddafi “threatened to dramatically reduce Libya’s oil production and/or expel ... U.S. oil and gas companies,” the cable said.

    Wikileaks was the source for these articles. If all cables get leaked, it is difficult for US to pursue its interests.

    And more: U.S. Fought To Lower Minimum Wage In Haiti So Hanes And Levis Would Stay Cheap

  8. Re:The U.S. government is EXTREMELY corrupt. by bughunter · · Score: 5, Informative

    Citation needed.

    - http://en.wikipedia.org/wiki/Gramm–Leach–Bliley_Act

    followed by

    - http://en.wikipedia.org/wiki/Troubled_Asset_Relief_Program

    (The proof is in the pudding. The biggest white collar crime in the history of the world was bought and paid for. And damn, what a return...)

    The US government is about as uncorrupted as you're going to get.

    Really? Then why is the US ranked 22nd, just above Uruguay, in the Corruption Perceptions Index? Why has the *perceived* corruption in the US been declining steadily since the Index was created?

    Corruption has always been part of US politics, but kept in check at least for appearances' sake. But since the Iran/Contra scandal, it appears that the concern over appearances has eroded. Now you have a situation where the corrupted know that there will always be one-quarter to one-third of the US population who will oppose any criticism of the US, like this AC here, so all the kleptocrats have to do is wrap themselves in a flag and cheer "GO USA!" and they have an automatic voting block that will also faithfully defend them in public forums from Meet the Press to /b/.

    Corruption is happening here because of the belief by so many that, "it can't happen here!"

    --
    I can see the fnords!
  9. Ever-greater power grabs by the executive branch by rbrander · · Score: 5, Interesting

    This is bi-partisan because grabbing more power for the executive branch is bi-partisan. The book "Takeover" by Charlie Savage (also of the NYT) details much about how the Bush 2 administration worked to increase executive power, but also how it has been a tradition for a century before that - and persecution of whistleblowers is an important part of it.

    Two stories from "Takeover" stuck with me.

    One was the story of an ethics advisor for the Justice Dept, Jesslyn Radack. When John Walker Lindh, the "American Taliban", was charged with many counts that led to 20 years in jail, based almost entirely on his own statement given while duct-taped to a board, naked and blindfolded with an untreated bullet wound in his leg, Atty. Gen. Ashcroft stated publicly that while the statement was given without a lawyer present, that was fine since he did not have a lawyer at the time. Alas, Ms. Radack had already notified the FBI that Lindh's father had retained council for him and notified Justice, and that they should not interrogate him - they just did, anyway. And Radack had kept the E-mails, then sent them to a reporter. It was not in her mind at the time that this was "whistleblowing" she felt she was correcting erroneous statements; releasing the information was no crime at all, since it was unclassified. For this, she found herself:

    * Fired, from the private law firm she worked for (they consulted to Justice)
    * Subjected to a year-long criminal investigation, though no charges were ever filed, since she had committed no crime
    * Referred to for "discipline" by the bar associations in all the states she was licensed to practice in, via a secret report that she was not allowed to see
    * Placed on the "selectee" version of the no-fly list - meaning she was *always* "randomly selected" for full off-with-the-underwear search for every single flight.

    Talk about a chilling effect. Thou Shalt Not Embarrass The Justice Department, even with the simple truth that it got excited and eager for a headline and made a mistake.

    Just so that this isn't seen as partisan, the other story is about a democrat: Harry Truman. (Who also felt the whole Korean War(!) was strictly an executive branch decision, no congressional authorization needed ... take THAT, Libya protestors!) A major avoidance of government transparency is enabled by the "state secrets" privilege, in which the government can tell a court, "dismiss this lawsuit; to argue it, we'd have to reveal State Secrets". It's been used to shut down every lawsuit about torture and unlawful detention that came after 9/11. But there's no such privilege in the Constitution. It comes from a Supreme Court decision, "US vs. Reynolds", where the survivors of 3 civilian scientists killed in a B-29 bomber crash in Georgia, 1948, while doing missile research. The government argued that the judge had to dismiss the suit without even seeing the crash report himself, lest "secret electronics" be revealed, and it was upheld - then used about 60 times since. In 2000, the daughter of one of the victims found the crash report, declassified, on the Internet. It contained NOTHING about secret electronics - it contained proof that there had been negligent maintenance of the bomber, and negligent lack of training for the civilians on how to escape the aircraft. The government had used the claim to avoid embarrassment, not to mention losing a lawsuit.

    As Charlie Savage summed it up, "The central case on which the State Secrets Privilege rests, then, was a fraud. The Truman administration had lied to the courts and gotten away with it."

    So that's why you need whistleblowers. And that's why governments persecute them as ruthlessly as possible; it's about executive power, the effort to restore America to the status of having a King who is above the law - partly by exempting the executive from laws that the rest of us must obey, partly by ensuring that most of their lawbreaking is never revealed in the first place, so they don't have to fight for that exemption very often.

  10. Re:Obama = NO SECOND TERM. by bughunter · · Score: 2

    LOL, so instead, you're going to vote for the party that's actively fighting against your well being?

    Did he say he was going to vote Republican? No.

    There are other candidates, you know.

    But the fact that most voters don't recognize third party candidates as legitimate is because the press won't. And the attitude that voting for such a candidate is "throwing your vote away" is the main reason we're stuck with this Coke vs. Pepsi two party system when what we really need right now is a drink of water.

    --
    I can see the fnords!
  11. Re:The U.S. government is EXTREMELY corrupt. by Anonymous Coward · · Score: 2, Funny

    Name your country and if it's anywhere in Europe, I can guarantee you we can dig up more corruption than in the US.

  12. Re:Ever-greater power grabs by the executive branc by Jane+Q.+Public · · Score: 2

    "A major avoidance of government transparency is enabled by the "state secrets" privilege, in which the government can tell a court, 'dismiss this lawsuit; to argue it, we'd have to reveal State Secrets'. "

    However, just about a month or so ago, a Federal judge ruled that the government cannot do that. They can take measures to ensure that the public cannot see those 'secrets' in the course of a trial, but the government cannot withhold that information from the judge or jury.

    Unfortunately, I do not have a citation for that decision. Maybe some person out there who is reading this has one.'

  13. Re:Ever-greater power grabs by the executive branc by rbrander · · Score: 2

    That was exciting to hear and I rushed to Google. I tried [ "state secrets privilege" ruling against ] as my search phrase.

    Got nuthin' but the recent (May 2011) ruling that was still in favour of the SSP - but "narrowed" the grounds for using it. The one before that was the 9th circuit, Sept 2010, that the EFF described as

    "Unfortunately, abdicating its responsibility is just what the Court did. It ordered summary dismissal of the complaint without allowing any discovery, or presentation of the public evidence or even a plan by the plaintiffs to litigate the case while respecting the necessary secrecy, something that has been regularly done in cases involving national security. "

    so, I believe you're mis-remembering. Alas.

  14. Re:The U.S. government is EXTREMELY corrupt. by hedwards · · Score: 2

    That's one example. So, you're saying because we're not the least corrupt government in the world, that we can't be about as uncorrupted as they get? I'm sorry, but that's just not a valid counter point, and the ad hominem doesn't help your case.

    There are some corruption problems in the US, but to paint the government as being extremely corrupt is just plain ignorant. If you don't believe me, just look at Italy, they've got severe corruption problems.

  15. Re:So much for .... by jon_doh2.0 · · Score: 2

    Don't you think there should be some legal way to bind politicians to, at least, attempting to achieve what they claim they will. Or, at very least, not doing the opposite.
    Here, in the UK, the conservatives got in (in a way) saying they would ring fence spending on the NHS (national health service) and are now going about trying to privatise it.

    Why should they be able to deceive the public with impunity?