Wednesday, February 19, 2014

Why the Focus on Whistle Blowers -- Marx's Advice





    Capitalism has learned from Marx who said that an idea, once adopted by the masses, becomes a force.
    The survival of Capitalism was not all that certain during a few periods in our history, including the period leading up to and including the Great Depression, and the aftermath of the House on Un-American Activities Committee led in its vile witch hunt by McCarthy.  After that, life expanded; eventually cane Kennedy and a sense of idealism that led to protest against the War in Vietnam and the indentured servitude called either the draft or public service.  Many leading figures were killed until the draft was eliminated by Nixon, not from a sense of freedom, but rather to eliminate one of the chief motivators behind the idealism, the “make love, not war” mantra, communal living (there is that “communism again,” and an general anti-authoritarian movement.
    Capitalism realized the importance of Marx’s message and embarked on a massive Public Relations campaign.  It groomed a mediocre actor named Ronal Reagan to eventually become President, adopt an unassuming “guy-next-door” personage, a nice guy, to systematically dismantle any sort of program that helped less fortunate people, the masses, and do it with their support.  When R. D. Laing, for example, had campaigned against mental institutions, Ronnie seized the opportunity and tossed the mentally disabled on the streets and diverted the money into weapons.  His administration decided nicotine was as addictive as heroin, but immediately eliminated addiction as a “disability.”
    Every since then, the steady erosion of the “New Deal” has continued.  When it seemed that the country wanted a change, the billionaires invented the “tea-party,” morons who gleefully accepted attacks on any government program.
      Now, after Bradley Manning released the videos of what we were actually doing in Iraq, the helicopter shot, and the events at Abu Garab, and the truth about “WMDs’ were released, immediately the focus turned not on the misdeeds themselves, but on those who exposed them.  Ellsberg stated quite rightly that the “political situation was much different back then,” or he would have spent his life in prison.
    Well, that is what is going on new with all the attacks on Assange, Snowden, Greenwald, and the rest.  The focus of the media is on THEM, but what they revealed and whether it is acceptable behavior from a “democratic government.”
    Here is another example:

TUESDAY, FEBRUARY 18, 2014
Julian Assange on Being Placed on NSA "Manhunting" List & Secret Targeting of WikiLeaks Supporters
Top-secret documents leaked by Edward Snowden have revealed new details about how the United States and Britain targeted the whistleblowing website WikiLeaks after it published leaked documents about the U.S.-led war in Afghanistan. According to a new article by The Intercept, Britain’s top spy agency, the Government Communications Headquarters, or GCHQ, secretly monitored visitors to a WikiLeaks website by collecting their IP addresses in real time, as well as the search terms used to reach the site. One document from 2010 shows that the National Security Agency added WikiLeaks publisher Julian Assange to a "manhunting" target list, together with suspected members of al-Qaeda. We speak to Assange live from the Ecuadorean embassy in London, where he has sought political asylum since 2012. Also joining us is his lawyer Michael Ratner, president emeritus of the Center for Constitutional Rights.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
NERMEEN SHAIKH: Top-secret documents leaked by Edward Snowden have revealed new details about how the United States and Britain targeted the whistleblowing website WikiLeaks after it published leaked documents about the Afghan War. According to a new article co-written by Glenn Greenwald published this morning by The Intercept, Britain’s top spy agency, the Government Communications Headquarters, or GCHQ, secretly monitored visitors to a WikiLeaks site by collecting their IP addresses in real time as well as the search terms used to reach the site. One document from 2010 shows that the National Security Agency added WikiLeaks publisher Julian Assange to a, quote, "manhunting" target list, together with suspected members of al-Qaeda.
AMY GOODMAN: Another document reveals the NSA considered designating WikiLeaks as a "malicious foreign actor." According to The Intercept, "Such a designation would have allowed the group to be targeted with extensive electronic surveillance—without the need to exclude U.S. persons from the surveillance searches." In addition, the leaked documents reveal the United States urged its foreign allies to file criminal charges against Assange over the group’s publication of the Afghanistan War Logs.
Joining us now from London is Wikileaks founder and editor Julian Assange, talking to us by the phone from the Ecuadorean embassy where he has political asylum since August 2012. Here in New York, we’re joined by Michael Ratner, the attorney for Julian Assange, president emeritus of the Center for Constitutional Rights.
When you read this, Julian — welcome back to Democracy Now! — what were your thoughts on being put on this "manhunting"—their words—"manhunting" list together with al-Qaeda?
JULIAN ASSANGE: Good morning, Amy.
Well, my first thought was, well, finally, we have some proof that we can present to the public for what we have long suspected for a variety of reasons. And it is strange to see your name in that context with people who are suspected of serious criminal acts of terrorism. Clearly, that is a massive overstep.
We’ve heard a lot in the propaganda pushed on this issue by Clapper and others in the U.S. national security complex that, of course, this pervasive surveillance is justified by the need to stop U.S.—stop terrorist attacks being conducted on the United States and its allies. But we’ve seen example after example come out over the last few months showing the National Security Agency and its partners, GCHQ, engaged in economic espionage.
And here we have an example where the type of espionage being engaged in is spying on a publisher—WikiLeaks, the publishing organization, and a publisher—me, personally. And the other material that came out in relation to GCHQ was from 2012, and that shows that GCHQ was spying on our service and our readers, so not just the publisher as an organization, not just the publisher as a person, but also the readers of a publisher. And that’s clearly, I believe, not something that the United States population agrees with, let alone other people.
AMY GOODMAN: Were you surprised by anything that came out in these latest documents?
JULIAN ASSANGE: I was surprised about how someone is added to the foreign malicious actor list. So, the National Security Agency went through a process to try and—at quite a high level, at the office of the legal director, to designate us as a foreign—foreign malicious actor, which means that our U.S. personnel can be spied on, or our U.S. supporters or associates. The, quote, "human network" that supports WikiLeaks in the United States can be targeted without going through any of the checks that the National Security Agency might normally engage in.
And if you read the detail of that writing, you can see that it’s quite a lackadaisical, cavalier approach to going into that very serious step of deciding to spy on a publisher and all its U.S. personnel. And we must assume that news agencies like Reuters or the Deutsche Presse Agency that have foreign correspondents in the United States, who are American citizens or American citizens working overseas, could be similarly affected.
NERMEEN SHAIKH: Julian Assange, the Intercept article quotes from thedocument you’re referencing. It was from July 2011 and showed how two NSA officers considered designating WikiLeaks a, quote, "malicious foreign actor." I want to read from the exchange between the NSA agency’s general counsel and an arm of its Threat Operations Center. Quote, "Can we treat a foreign server who stores, or potentially disseminates leaked or stolen US data on it’s [sic] server as a 'malicious foreign actor' for the purpose of targeting with no defeats? Examples: WikiLeaks, thepiratebay.org, etc." The response was, quote, "Let us get back to you." Julian Assange, your response, and what the documents reveal about the process that the NSA or GCHQgo through to designate someone a malicious foreign actor?
JULIAN ASSANGE: What they mean here by "no defeats," it’s sort of no protections for any form of interception of content of U.S. citizens communicating with that organization or through that foreign server. And the particular document that this came out in was actually not a document that was formally looking at this issue in relation to us; rather, it was a extraction from that consideration that happened sometime in the past and then was put into one of their, if you like, sort of frequently asked questions internally in the National Security Agency. So we’re quite lucky to have found this reference.
We were used as an example of how could you in fact target these servers, even when they were used by people in the United States. And the answer is, yes, that can be done. And we don’t know what the answer was in our particular case, but given that the general example is yes, then we must assume that it was. And I think, really, now General Alexander needs to come clean and say, in fact, was that permitted in the case of WikiLeaks, and did the National Security Agency proceed in spying on our U.S. personnel or our lawyers, for example, like Michael Ratner, who’s based in New York.
AMY GOODMAN: Julian, we have Michael here, but I did want to ask—you’ve been in the embassy, haven’t had natural daylight, sunlight, for 608 days. How are you? And does the information that has come out of this change in any way what your thoughts are about your future?
AMY GOODMAN: Well, I just find it helpful that—in preparing the asylum application, of course, we looked into many details like this that were quite technical, a big puzzle of many pieces, which some organization, like a foreign office or the Ecuadorean Department of Foreign Affairs, has the time to assess, but of course it’s harder for the public to understand, that documents like this show very readily sort of the scale of the U.S. response to our publications and why it’s, unfortunately, necessary for me to apply and receive asylum and for some of our other personnel, like Sarah Harrison, who’s a British citizen, to be in legally advised exile in Germany.
AMY GOODMAN: And will the information about whether there is a sealed indictment, which this seems to indicate there isn’t—do you have any further information about that, an indictment against you in the United States?
AMY GOODMAN: The district attorney of Virginia gave the last information on that issue and formally stated publicly that the investigation continues.
AMY GOODMAN: Well, Julian Assange, we want to thank you for being with us, founder and editor-in-chief of WikiLeaks. Will this change anything you do inside the embassy, when you see how—further information about your being monitored and people even going to the website—what is it—GCHQ, the equivalent of the NSA in Britain, collecting the IP addresses in real time of people who even access the WikiLeaks site?
JULIAN ASSANGE: The WikiLeaks security model has always been predicated under the basis that we are dealing with very powerful organizations that do not obey the rule of law, whether those are powerful criminal organizations, whether those are corrupt governments in Africa, or whether they’re spy agencies allied with the West or Russia or China. And so, it doesn’t—we’ve always been prepared to defend against that sort of scrutiny. The U.K. government has publicly admitted that they’ve spent six million pounds in the last year surveilling the embassy through police forces alone. We see from these documents that we must assume that GCHQ is also monitoring the situation. That’s part of—I suppose, part of the sad state of the rule of law in the West, where these organizations behave that way. I think the days are clearly numbered that they can get away with it without being exposed. But I’ll leave you to Michael Ratner now.
AMY GOODMAN: Thanks so much, Julian. Julian Assange, founder and editor-in-chief of WikiLeaks. When we come back, we are joined by Michael Ratner, legal adviser to Julian Assange. We’ll also be joined from London, not in exile in the Ecuadorean embassy, but in a studio in London, by Jesselyn Radack, the legal adviser to Edward Snowden who was stopped at Heathrow Airport on Sunday, asked, "Who is Edward Snowden? Where is Bradley Manning?" and other such questions. Stay with us.
[break]
AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Nermeen Shaikh.
NERMEEN SHAIKH: Top-secret documents leaked by Edward Snowden have revealed new details about how the United States and Britain targeted the whistleblowing website WikiLeaks after it published leaked documents about the Afghan War. According to a new article written by Glenn Greenwald and Ryan Gallagher published this morning by The Intercept, Britain’s top spy agency, the Government Communications Headquarters, or GCHQ, secretly monitored visitors to a WikiLeaks site by collecting their IP addresses in real time as well as the search terms used to reach the site.
AMY GOODMAN: One of the documents leaked by Edward Snowden details a "manhunting timeline" that shows how the U.S. tried to pressure other nations to prosecute Julian Assange. One read, quote, "The United States on 10 August urged other nations with forces in Afghanistan, including Australia, United Kingdom, and Germany, to consider filing criminal charges against Julian Assange."
Joining us now is Michael Ratner. He is the president emeritus of the Center for Constitutional Rights, which is the legal adviser to Julian Assange.
So, talk about this last point, Michael, first what you’re most surprised by in this piece that just came out at The Intercept, and particularly the U.S. pushing other countries to prosecute Julian.
MICHAEL RATNER: Well, what I was really shocked by was the extent the U.S. and U.K. have gone through to try and get and destroy WikiLeaks and Julian Assange and their network of supporters. I mean, it’s astounding. And it’s been going on for years. And it also, as Julian pointed out, tells us why he is in the Ecuadorean embassy and why Ecuador has given him asylum. He has every reason to heavily fear what would happen to him in this country, in the United States, if he were to be ever taken here. So I think, for me, that’s a very, very critical point, justifies every reason why Ecuador gave him asylum.
And the document you’re addressing, Amy, what they call the manhunt timeline, which is extraordinary because it groups him among, you know, a whole bunch of people who the U.S. considers terrorists, it also, interestingly, groups them—groups them among Palestinians, which is pretty interesting in itself. But to have Julian on that list as a manhunt timeline, and it says prosecute him wherever you can get him, is pretty extraordinary. It doesn’t say you necessarily need a good reason to prosecute him; it just says, basically, prosecute him. And what it’s reminiscent, to me, is of the program that took place in this country in the '60s and the ’70s, COINTELPRO, counterintelligence procedures, when the FBI said, "We have to basically destroy the black civil rights movement, the New Left and others, and prosecute them, get them however you can, get rid of them." And so, the manhunt timeline, even its name is chilling. But that's what it is. It’s an effort to try and get WikiLeaks and their personnel, wherever they are in the world.
And, of course, we’ve seen some of that. You’ve had people on this show. When people cross borders who are associates with WikiLeaks, they get stopped. They get surveilled all the time. We’ve seen—we’ve seen efforts to take—to basically destroy WikiLeaks by stealing their laptops on a trip that went from Sweden to Germany. We’ve seen efforts across the board, in country after country. Germany, they surveil conferences when WikiLeaks people speak there, everywhere. So, actually, this program is not just an abstraction. This program has been implemented. And the manhunt timeline, I think, is incredibly significant, considering that the manhunt is an effort to locate, find and destroy—in some cases, kill—kill people.
NERMEEN SHAIKH: And, Michael Ratner, what do you think the appropriate response should be to something like that? Is there any legal action that Assange’s legal team can take in response to this?
MICHAEL RATNER: Julian Assange, in his statement to the article, said that he felt that the U.S. ought to appoint a special prosecutor, not just to investigate what’s happening to WikiLeaks and a publisher and journalist, but across the board what’s happening to publishers and journalists in this entire country right now and around the world, where the U.S. is trying to basically say publishing is a crime. And that’s what they’re saying. That’s what the Obama administration is saying. And Julian is strongly suggesting, and I support, the idea of a special prosecutor to look into this.
NERMEEN SHAIKH: Is that aspect of it unprecedented, though? I mean, you drew comparisons between COINTELPRO and manhunt timeline, but the fact that publishing, people who work in journalism, are being monitored in this way by intelligence agencies here, has that occurred before?
MICHAEL RATNER: On this level, I don’t think it’s occurred, on this extreme level. You had the manhunt program. You also had what they call—what do they call it? The ANTICRISIS GIRL program. And that’s the dragnet—I don’t know how it got that name.
AMY GOODMAN: Explain, ANTICRISIS GIRL program.
MICHAEL RATNER: What does—what is that about? I mean, I don’t know. Except what it is, is whenever I search for WikiLeaks on my computer, or when I go visit the WikiLeaks site, in real time, the GCHQ, the British intelligence agency, can take in my IP address, take in what I’m searching for in real time. Now, they gave an—they did a number of slides showing how they could do this. We don’t know how extensively they’ve implemented that program, but that means that every one of us who have ever gone to a WikiLeaks site to look for a document could technically be surveilled and our IP address taken in.
AMY GOODMAN: And also the hacktivist group Anonymous and Pirate Bay. Explain.
MICHAEL RATNER: Well, Anonymous, they actually did designate as what they call a malicious foreign actor. And a malicious foreign actor, which is what they were deciding whether to designate WikiLeaks as or not—and we don’t know what the final decision was, whether WikiLeaks was designated as a malicious foreign actor, but Anonymous apparently was. And what it means is any restrictions on government surveillance of anything—my conversations, my email—are completely lifted, whether you’re an American or whatever. Any of my communications to anywhere in the world to that website, to Anonymous, going on chat rooms with Anonymous, going on tweets with Anonymous, those can be taken in and surveilled. It’s an incredibly broad power. We don’t know, as I said, if it was used against WikiLeaks. It was certainly discussed, and they asked to use it against WikiLeaks. We will know, I hope, soon, if and when a lawsuit is ever filed around these issues.
NERMEEN SHAIKH: And what do the documents reveal about what the U.S. officials said they were doing and what in fact they were doing? Because not only was their surveillance of U.S. citizens problematic, but also of foreign citizens.
MICHAEL RATNER: Well, I’m sorry, I’m not following the question exactly, Nermeen.
NERMEEN SHAIKH: I mean, in other words, Michael Ratner, the U.S. officials have claimed that they only surveil foreign—foreign citizens who are, in some sense, either potentially guilty of or likely to be involved in terrorist activities. But if you’re monitoring every visitor to a website, whether it’s WikiLeaks or Pirate Bay or—I mean, that’s obviously not the case.
MICHAEL RATNER: You know, this is just obfuscation and lies by our officials, which has been consistent. Obviously, if there’s a WikiLeaks website overseas, what they’re really saying is everybody who visits that website, American or otherwise, we can surveil. So it’s complete—it’s complete B.S. This is just untrue. We are all being surveilled.
AMY GOODMAN: Michael, we want you to stay with us as we bring in another guest from London. Nermeen?

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TUESDAY, FEBRUARY 18, 2014
Attorney for Edward Snowden Interrogated at U.K. Airport, Placed on "Inhibited Persons List"
Four journalists who revealed the National Security Agency’s vast web of spying have been awarded the 2013 George Polk Awards in Journalism. Glenn Greenwald, Laura Poitras, Ewen MacAskill of The Guardian and Barton Gellman of The Washington Post were among the winners announced on Sunday. Even as the journalists who broke the stories based on Edward Snowden’s leaks were awarded one of journalism’s highest honors, a lawyer who represents Snowden was recently detained while going through customs at London’s Heathrow Airport. Jesselyn Radack joins us today to tell her story. Radack says she was subjected to "very hostile questioning" about Snowden and her trips to Russia. Radack also learned she might be on an "inhibited persons list," a designation reportedly used by the U.S. Department of Homeland Security to require further vetting of certain passengers. Radack is just one of a growing number of people who are being stopped, harassed and interrogated for their work around Snowden, WikiLeaks and National Security Agency documents. Radack is the director of National Security & Human Rights at the Government Accountability Project, the nation’s leading whistleblower support organization.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
NERMEEN SHAIKH: Four journalists who revealed the National Security Agency’s vast web of spying have been awarded the 2013 George Polk Awards in Journalism. Glenn Greenwald, Laura Poitras, Ewen MacAskill of The Guardian and Barton Gellman of The Washington Post were among the winners announced on Sunday. Even as the journalists who broke the stories based on Snowden’s leaks were awarded one of journalism’s highest honors, a lawyer who represents Snowden was detained while going through customs at London’s Heathrow Airport. Jesselyn Radack toldFiredoglake she was subjected to, quote, "very hostile questioning" about Snowden and her trips to Russia. Radack also learned she might be on an inhibited persons list, a designation reportedly used by the U.S. Department of Homeland Security to require further vetting of certain passengers. After the Polk Awards were announced, Glenn Greenwald tweeted, quote, "In the UK government, this is known as the George Polk Award for Excellence in Terrorism."
Jesselyn Radack is just one of a growing number of people who are being stopped, harassed and interrogated for their work around Edward Snowden, WikiLeaks and National Security Agency documents. In this clip, we hear from journalist Laura Poitras, computer security researcher Jacob Appelbaum, and then journalist Glenn Greenwald’s partner David Miranda, who have all been stopped and interrogated in airports.
LAURA POITRAS: I’ve actually lost count of how many times I’ve been detained at the border, but it’s, I think, around 40 times. And on this particular trip, lately they’ve been actually sending someone from the Department of Homeland Security to question me in the departing city, so I was questioned in London about what I was doing. I told them I was a journalist and that, you know, my work is protected, and I wasn’t going to discuss it.
JACOB APPELBAUM: I was targeted by the U.S. government and essentially, until the last four times that I’ve flown, I was detained basically every time. Sometimes men would meet me at the jetway, similarly, with guns.
DAVID MIRANDA: [translated] I stayed in a room with three different agents that were entering and exiting. They spoke to me, asking me questions about my whole life. They took my computer, my video game, cellphone, everything.
AMY GOODMAN: That was journalist Glenn Greenwald’s partner David Miranda; before him, computer security researcher Jacob Appelbaum and journalist Laura Poitras. You can go to our website to see our interview with Jacob Appelbaum andLaura Poitras at democracynow.org. But all of them have been interrogated at airports, as has most recently Jesselyn Radack, the attorney representing Edward Snowden, joining us from London. She is a former ethics adviser to the U.S. Department of Justice under George W. Bush, currently director of National Security & Human Rights at the Government Accountability Project, the nation’s leading whistleblower organization.
Jesselyn, welcome back to Democracy Now! Describe what happened at Heathrow on Sunday.
JESSELYN RADACK: I was trying to enter through customs, which at Heathrow is called the Border Force, and I was directed to a very specific station rather than the regular line. And after the first question, which is, "Why are you here?" which is a normal question, things just got more bizarre as we went along. I said that I was here to see friends. They wanted me to be more specific. I said, "In the Sam Adams Association," the group that awarded Edward Snowden the award last year—I didn’t add that part. And then they asked for the names of the people in the group. And so I gave names of people who are publicly known to be members. And then they asked where we were meeting, and I said at the Ecuadorean embassy. And they asked, "With Julian Assange?" And I said, "Yes." But then, at that point, I was asked why I had been to Russia twice in the past three months. And I said, "Because I have a client there." And they asked, "Who?" And I said, "Edward Snowden." And then, this was the most bizarre thing: They said, "Who is Edward Snowden?" And I just said matter-of-factly, "He is a whistleblower and an asylee." They next asked, "Who is Bradley Manning?" And I said, "A whistleblower. And then they asked, "Where is Bradley Manning?" And I said, "In jail." And he said, "So, he’s a criminal." And I said that he’s a political prisoner. And then they said, "But you represent Snowden." And I said, "Yes, I’m a human rights attorney, and I’m one of his legal advisers."
But I found that entire line of questioning very jarring and very unnerving. I didn’t know what kind of answer I was supposed to give. I mean, obviously, it’s like asking, "Who is President Obama?" They’re asking about some of the most famous people on the planet. Obviously, I have an attorney-client relationship to protect. I’m not going to get into meetings that I’ve had with clients. And only some of my clients are public, Edward Snowden being one of them, so that’s why I could answer that question. But I walked away from the interview just shaking. During the interview, I was fine. I maintained my composure. But I walked away just shaking and just upset. I just cried. It was very intimidating and very, very, again, unnerving to be asked that line of questions as an attorney. And I don’t think journalists or attorneys should be harassed or intimidated at the border, and it’s very disturbing to me that this has occurred in the U.S. and the U.K., and I’ve heard that this happened to someone recently in Germany, though I don’t know the details of that. But certainly, as an attorney, having gone to 14 different countries in the past year, I have never endured a line of questioning like that. You get the usual, "Hi. Why are you here? Who are you seeing? Where are you staying?" But not, "Who do you—who is Edward Snowden? Where is Edward Snowden? Where is Bradley Manning? Do you represent Bradley Manning?" which I wouldn’t even be allowed to answer, obviously, because that would be attorney-client privileged information. I, in fact, do not represent him, but it would have put me in a really difficult situation of actually making a false statement if I did represent him and had to answer a question like that.
NERMEEN SHAIKH: Jesselyn, could you talk about the significance of the inhibited persons list? How did you first learn about it, and are you in fact on it?
JESSELYN RADACK: As hard—as a graduate or an alumnus of the no-fly list, you’re never officially told, "You are on this list." It’s implied, and you hear it. This apparently is some list maintained in Great Britain, but originating from the Department of Homeland Security. And I wish I could tell you more about it, but that’s just what I was able to learn from speaking with other people who have had difficulty getting out of the U.K. My difficulty was getting in. I’m hoping I don’t have any difficulty getting out. But an inhibited persons list, to me, is another kind of watch list, just like how ridiculous it was that I spent a number of years on the no-fly list, when I obviously posed no direct threat. To Snowden, I’m an attorney doing my job, and being a human rights lawyer does not pose any kind of immigration violation or safety threat to entering the United Kingdom, so I’m not sure why I was subjected to that interrogation other than to try to intimidate me from doing my job.

 The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

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