James Risen sat alone in the far corner of the expansive hallway outside the courtroom. It was a fitting beginning for a day in which he seemed alone, even apart from his lawyers.
Risen was there in response to a government subpoena to testify in a pre-trial hearing in the case of Jeffery Sterling. The government claims that Sterling, while working for the CIA, was a source in Risen’s reporting on an alleged U.S. government scheme to transfer flawed nuclear weapons blueprints to Iran more than a decade ago.
Risen’s testimony yestertoday featured him stalling government questioning, but ultimately relenting and responding to limited queries from the government, defense and the judge regarding his reporting, as anticipated by Marcy Wheeler for ExposeFacts.
However, Risen had made clear before — and repeated today — that he would not reveal who his confidential source or sources were, and in the end no one actually asked that question.
There was no dramatic: “The government calls Mr. Risen to the stand.” Instead, District Judge Leonie Brinkema, after noting that the government had called Risen, said: “Mr. Risen, would you go to the witness stand?”
After confirming from Risen that he’d authored numerous articles relevant to the government’s case against Sterling, the government lawyer repeatedly asked regarding chapter 9 of his book State of Warsome variation of: “Did you have a confidentiality agreement with source or sources?”
Risen repeatedly responded with some variation of: “When said I had identified sources, I identified those sources; when I said I had unidentified sources, I had unidentified sources.”
After several go-arounds, the judged chimed in: “Mr. Risen, that is not an answer to the question,” and then noted that his attorney did not object to the question about if he used confidential sources. Risen responded: “That’s not the question he asked.” The judge asked the lawyer for the prosecution, James Trump, to rephrase and he did.
The prosecution proceeded to unpack their questions, which Risen initially repeatedly refusing to answer with some variation of: “I decline to answer that question because I don’t want to help prove or disprove the mosaic that the government is attempting to create here.”
This included questions regarding what other methods of reporting Risen might use besides confidential sources. However, the government lawyer eventually drew from Risen’s past affidavits where he did respond to such questions. At some points, it appeared Risen was unfamiliar with his prior affidavit — or was at least highlighting the fact that he was compelled to testify. At one point the judge raised the prospect of perjury. After another question from the prosecution, Risen said: “Can I talk to my lawyers?” and the judge gave a five-minute recess.
After the recess, Risen gave terse, “yes” “no” replies to the government lawyer. These included acknowledging that he used other methods in his reporting besides sources, including congressional testimony; that he went to Vienna to report on nuclear issues — and, finally, that Sterling was a named source in a previous story by Risen.
The prosecution repeatedly asked if Risen would divulge who his unidentified sources were if asked to and he said he would not. But they never actually asked the question.
When the defense questioned Risen, they attempted to highlight this. The government had sought to compel Risen’s testimony and the question was brought before the Supreme Court, which allowed a lower court ruling to stand, in effect sidingwith the government, allowing it to compel Risen’s testimony.
A seemingly exasperated Edward MacMahon for the defense stressed that in the drawn-out case of Mr. Sterling, the government had gone to such extraordinary lengths to compel Risen to disclose his source or sources and then, when they had him on the stand, never asked the question. The defense also highlighted a document that had apparently been described by some as a book proposal for State of War, but that Risen described as promotional material for a book fair. At one point, Risen questioned how the government obtained such a document, leading to laughter in the court and the judge to respond: “It doesn’t work that way” — that Risen wasn’t asking permitted to ask questions here.
At least one question seemed to suggest that at times Risen may have presented information as true in his own voice when it may have been based on an allegation by an unidentified source.
The judge — whose court does not allow recording devices — asked the journalist about his use of quotes, italics and regular text. Risen hesitated and then remarked that writing books allows the writer to assert his own voice more than regular newspaper writing.
The defense quoted at length from prior statements by Risen about the need to scrutinize government claims about WMDs regarding Iran, citing the “flawed” intelligence prior to the 2003 invasion of Iraq.
Sam Husseini is communications director for the Institute for Public Accuracy. He also founded VotePact.org, which encourages disenchanted Demorats and Republicans to team up. His website is: husseini.posthaven.com He’s on twitter: @samhusseini.
[originally published on CounterPunch on Jan. 6, 2015; posted on posthaven Dec. 17, 2015]
Such is the case with the "debate" on whether torture "worked" following the release of the Select Committee on Intelligence report on the CIA's "Detention and Interrogation Program."
"Ibn Shaykh al-Libi reported while in [censored: 'Egyptian'] custody that Iraq was supporting al-Qa'ida and providing assistance with chemical and biological weapons. Some of this information was cited by Secretary Powell in his speech at the United Nations, and was used as a justification for the 2003 invasion of Iraq. Ibn Shaykh al-Libi recanted the claim after he was rendered to CIA custody on February [censored], 2003, claiming that he had been tortured by the [censored, likely 'Egyptians'], and only told them what he assessed they wanted to hear. For more more details, see Volume III." Of course, Volume III -- like most of the Senate report -- has not been made public.
Exploiting false information has been well understood within the government. Here's a 2002 memo from the military's Joint Personnel Recovery Agency to the Pentagon's top lawyer -- it debunks the "ticking time bomb" scenario and acknowledged how false information derived from torture can be useful:
"The requirement to obtain information from an uncooperative source as quickly as possible -- in time to prevent, for example, an impending terrorist attack that could result in loss of life -- has been forwarded as a compelling argument for the use of torture. ... The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate intelligence. History and a consideration of human behavior would appear to refute this assumption." The document concludes: "The application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably, the potential to result in unreliable information. This is not to say that the manipulation of the subject's environment in an effort to dislocate their expectations and induce emotional responses is not effective. On the contrary, systematic manipulation of the subject's environment is likely to result in a subject that can be exploited for intelligence information and other national strategic concerns." [PDF]
Sam Husseini: General, can you talk about the al-Libi case and the link between torture and the production of tortured evidence for war?Colin Powell: I don’t have any details on the al-Libi case.SH: Can you tell us when you learned that some of the evidence that you used in front of the UN was based on torture? When did you learn that?CP: I don’t know that. I don’t know what information you’re referring to. So I can’t answer.SH: Your chief of staff, Wilkerson, has written about this.CP: So what? [inaudible]SH: So you’d think you’d know about it.CP: The information I presented to the UN was vetted by the CIA. Every word came from the CIA and they stood behind all that information. I don’t know that any of them believe that torture was involved. I don’t know that in fact. A lot of speculation, particularly by people who never attended any of these meetings, but I’m not aware of it.
But my questioning was based on statements by Wilkerson, who was in the room. Presumably Powell has been waiting for the CIA to call him and tell him directly that torture was used to extract some of the information he used. See my piece "How Colin Powell Showed That Torture Works" and video.
It wasn't self-serving hyperbole. Daniel Ellsberg, who himself leaked the Pentagon Papers, has called Katharine Gun’s leak “the most important and courageous leak I have ever seen. … No one else -- including myself -- has ever done what Gun did: tell secret truths at personal risk, before an imminent war, in time, possibly, to avert it.”
And indeed, Ellsberg had asked for such a leak during this period. He had been saying during the run up to the Iraq invasion: "Don't wait until the bombs start falling. ... If you know the public is being lied to and you have documents to prove it, go to Congress and go to the press. ... Do what I wish I had done before the bombs started falling [in Vietnam] ... I think there is some chance that the truth could avert war."
Ellsberg had leaked the Pentagon Papers -- internal documents which showed a pattern of U.S. government deception about the Vietnam War -- in 1971, though he had the information earlier. And while the Pentagon Papers, the leaks by Chelsea Manning to WikiLeaks and the Edward Snowden National Security Agency leaks of were all quite massive, the Katharine Gun leak was just 300 words. Its power came from its timeliness.
In October of 2002, the U.S. Congress passed the so-called Authorization for Use of Military Force Against Iraq Resolution of 2002. In November, the U.S. government had gotten the United Nations Security Council to pass a threatening resolution on Iraq, but in most people's view, it stopped short of actually authorizing force. The U.S. ambassador to the U.N. at the time, John Negroponte, said when resolution 1441 was adopted unanimously: “There’s no ‘automaticity’ and this is a two-stage process, and in that regard we have met the principal concerns that have been expressed for the resolution.” That is, the U.S. would intend to come back for a second resolution if Iraq didn't abide by a "final opportunity to comply with its disarmament obligations."
On February 6, 2003, Colin Powell claimed in his infamous presentation at the UN that Iraq was hiding weapons of mass destruction. February 15, 2003 saw the greatest global protests in history, with millions around the world rallying against the impending Iraq invasion, including over a million near the UN headquarters in New York City.
It was around this time that Katharine Gun -- who worked as a language specialist at the Government Communications Headquarters, the British equivalent of the NSA, got a memo from the NSA and then decided to -- through intermediaries -- leak it to the media. The brief email read in part:
"As you've likely heard by now, the Agency is mounting a surge particularly directed at the UN Security Council (UNSC) members (minus US and GBR of course) for insights as to how to membership is reacting to the on-going debate RE: Iraq, plans to vote on any related resolutions, what related policies/ negotiating positions they may be considering, alliances/ dependencies, etc - the whole gamut of information that could give US policymakers an edge in obtaining results favorable to US goals or to head off surprises. ... to revive/ create efforts against UNSC members Angola, Cameroon, Chile, Bulgaria and Guinea, as well as extra focus on Pakistan UN matters."
The memo outlined that U.S. and British assets should focus on getting information to pressure member of the UN Security Council to go vote for a war resolution -- material for blackmail to put it bluntly. This internal government document could show people -- especially those who tend to put stock in government pronouncements -- that what President George W. Bush was claiming at the time: “We are doing everything we can to avoid war in Iraq” -- was exactly backwards. The U.S. government infact was doing virtually everything it possibly could to ensure war.
When the British reporters writing the story called the author of the memo, Frank Koza, a top official at the NSA, they were put through to his office. When they shared the nature of their phone call, they were told by an assistant they had "the wrong number." The reporters noted: "On protesting that the assistant had just said this was Koza's extension, the assistant repeated that it was an erroneous extension, and hung up."
The story was ignored by the U.S. media, though we at the Institute for Public Accuracy put out a string of news releases about it. Gun has commented that Martin Bright, one of the reporters who broke the story for the British Observer, had been booked on several U.S. TV networks just after the story was published but they had all quickly cancelled. See video of an interview with Gun and Larry Wilkerson, former chief of staff for Colin Powell, on German TV from last year.
However, the story did cause headlines around the world -- especially in the countries on the Security Council that the memo listed as targets of the surveillance. Through whatever combination of authentic anger or embarrassment at their subservience to the U.S. government being exposed, most of these governments apparently pealed away from the U.S., and no second UN resolution was sought by the war planners. Rather, George W. Bush started the Iraq war with unilateral demands that Saddam Hussein and his family leave Iraq (and then indicated that the invasion would commence in any case.)
In 2004, the Observer reported that "surveillance played a role in derailing a compromise UN resolution in the weeks before the Iraq war. Adolfo Aguilar Zinser, Mexico’s UN ambassador at the time, has charged that the U.S. spied on a private meeting of six swing countries on the Security Council aimed at a compromise. Zinser told the Observer: 'The meeting was in the evening. They [U.S. diplomats] call us in the morning before the meeting of the Security Council and they say: "We appreciate you trying to find ideas, but this is not a good idea."'"
Meanwhile, Katharine Gun had been found out as the leaker shortly after the memo was published -- she has a talent for telling the truth, not so much for covering up apparently -- and spent many months awaiting trial. England has no First Amendment that might have protected Gun. It does have a repressive Official Secrets Act, under which she was being prosecuted by the Blair government.
Marcia Mitchell, co-author of The Spy Who Tried to Stop a War: Katharine Gun and the Secret Plot to Sanction the Iraq Invasion, notes however that at the last minute, the Blair government, which was about to face elections "with her signed confession in hand, chose not to present evidence that the invasion of Iraq was, in fact, legal, a demand by the Defense." That is, the British government was afraid of what could come out about the legality of the Iraq war in a trial. And so Gun, who was newly married when she exposed the NSA/GCHQ's activities, was able to avoid jail and continue as a language instructor. She has since been supportive of Edward Snowden and others who expose government wrong doing.
At the UN
The subject of spying at the UN was again highlighted in 2010 from cables leaked to WikiLeaks by Chelsea Manning. Reuters reported at the time: "According to one cable, the State Department asked U.S. envoys at U.N. headquarters and elsewhere to procure credit card and frequent flyer numbers, mobile phone numbers, email addresses, passwords and other confidential data from top U.N. officials and foreign diplomats." Of course, spying on UN missions by the U.S. is illegal, Vienna Convention on Diplomatic Relations says: "The receiving State shall permit and protect free communication on the part of the mission for all official purposes.... The official correspondence of the mission shall be inviolable."
Similarly, in 2013, the Guardian reported as G8 leaders meet in Northern Ireland: “Turkey, South Africa and Russia have reacted angrily to the British government demanding an explanation for the revelations that their politicians and senior officials were spied on and bugged during the 2009 G20 summit in London.” The governments were responding to the Guardian story: “GCHQ Intercepted Foreign Politicians’ Communications at G20 Summits,” based on Edward Snowden’s NSA leaks.
Lessons
The Katharine Gun case give us many lessons. First off, it's a great example to rebut anyone parroting the establishment line that the NSA's activities are based on stopping terrorism, or that they are merely overzealous efforts at ensuring security, or perhaps typical diplomatic games. Here, the NSA and GCHQ were spying to try to facilitate an aggressive war -- the highest war crime under the Nuremberg statues.
Similarly, it highlights what great ideals some "whistleblowers" -- the term doesn't really do justice -- are motivated by. And of course, such revealers are much more threatening to war makers and others when they are acting in parallel with movements. Those movements may also help ward off the government attempting to imprison the whistleblower.
The "rebuttal" that everybody spies and therefore it's no big deal when the U.S. or some other government is caught doing so similarly doesn't hold up. Yes, virtually every government spies -- but you're not supposed to get caught. And if a government does get caught, it's an indication that it's own people -- the very people who are paid to carry out the surveillance -- don't believe in it and are willing to put themselves at risk to expose the spying and the underlying wrongdoing.
Perhaps most importantly, the lesson is not that Katharine Gun's leak was futile because the U.S. invaded Iraq -- any more than the lesson is that the February 15 global protests were in vain. Rather, more of both could have really changed things. If global protests had started in 2002, then the Congressional authorization for war in late 2002 could have been prevented. If more people within the war making governments had their consciences moved by such movements and had leaked more critical information, war could have been forestalled.
And, even if the Iraq invasion happened, if global protests had continued and global solidarity better coordinated, when it became clear to all that the WMDs not in Iraq were a contrived pretext for aggression, a sustained revulsion against could have led to the war makers being held accountable, preventing much suffering in Iraq and elsewhere -- and laying the basis for a world free of war.
Said Inskeep: "I think you've hit on something insightful here. And I want you to help me with this a little bit because the Tea Party, those are some very conservative people -- Elizabeth Warren, very liberal person. But they both represent deep unhappiness with the way things are. And it sounds like they both struck a chord with you. Am I right?"
He was and it's not one woman in Colorado of course. Politico headline today states: "Exit polls 2014: Voters hate everyone." It might seem that way to the insiders at Politico, but actually it's that voters mostly just hate the establishment of both political parties, which to Politico might seem like "everyone". And this isn't new. From 2010: "CNN Poll: Majority angry at both political parties."
The problem is that people feel they have virtually no where to go and can't translate that anger to action. There is a de-facto anti-establishment, populist majority. But the entire structure of politics, media and elections is designed to keep them divided and prevent such populists from the left or right or wherever from coalescing politically. Third parties coming from either the left (Green, Socialist) or the right (Constitution, Libertarian) are automatically dismissed by the vast majority as potential spoilers. (I've set up VotePact.org to solve exactly this problem.)
Some sectors of the media have lauded the Republican establishment's stepping into the primary process and preventing Tea Party candidates from getting nominations in so-called "swing states." Those looking for salvation in presidential elections from the likes of Bernie Sanders or Elizabeth Warren or their Republican mirror images will have to bear in mind the obstacle in the primaries is "electability" (as defined by the establishment) and it's a virtual certainty that candidates who seems serious about delivering real change will be denied any nomination. Rather, such candidates will likely mostly function as a way of keeping voters on the establishment party reservation, endorsing the ultimate nominee.
As for midterm elections, part of the equation is lower and lower voter turnout -- the "leadership" of the parties is in effect firing and further marginalizing the public and their alleged bases.
The establishment will attempt to produce their own version of "bipartisanship" -- pro-establishment bipartisanship that is. The mantra of "change" is being used to peddle the never ending use of the Reversible Straitjacket of the Democratic and Republican establishments. This manifests itself as "seesaw politics" and what I've called the guillotine pendulum, helping ensure the continuity of what some call the Deep State.
The major corporate media frequently focus on marginal differences between the two major parties, but the areas of agreement between them are sizable in terms of economic, trade, civil liberties, foreign policy and other issues. On these and other critical issues, the establishments of the duopoly are frequently aligned together against their alleged bases, explaining why the public "hates everyone". Crazy public. Politicians of both parties talk about helping the little guy and then do the bidding of corporate interests.
Now, the political narrative is that Washington is dysfunctional and "can't agree on anything". The the general public is clearly being prepared to embrace whatever pro-corporate monstrosity President Obama and presumptive Senate Majority Leader McConnell agree on.
So, predictably, the Wall Street Journal is now reporting: "American businesses are hoping the dust will settle from Tuesday’s GOP takeover of Congress with new attention on corporate taxes, immigration, trade and energy, top priorities that have eluded breakthroughs in recent years. A post-election landscape that includes a more sharply divided government is likely to lead to continued frustration over some items on businesses’ wish list. At the same time, a reshaped political landscape could lead Congress and the White House to seek legislative breakthroughs on some economic issues before the 2016 election season heats up."
So, the big business agenda on taxes and corporate trade deals like the Trans Pacific Partnership could well be advanced by establishment Republicans in Congress working with the Obama administration. This could well extend to other issues such as civil liberties, more war, etc.
The anti-establishment forces either still in the Democratic Party or that have given up on the electoral process all together should join with those deluding themselves into looking for the Republican Party for some salvation. They should work to building new institutions that adopt their best beliefs.
And this must go beyond voters. There should be candidates running for Democratic and Republican nominations who -- once the establishment ensures their defeat the the primaries -- are willing, jointly perhaps, to bolt and not back the party's establishment nominees.
The day after election day is the most important. Now is the time to reach out across the partisan divide and find populists on the other side to work with. You have nothing to lose but your perpetual chains.
Sam Husseini founded VotePact.org which encourages voters to pair up with their political "mirror image" and vote for their preferred candidates rather than the "lesser evil" offered by the establishment.
Here's the question I submitted: "Your name has been mentioned as possible AG pick. Many are concerned about the fate of New York Times reporter James Risen and the several whistleblowers the administration has prosecuted -- more than all other administrations combined. As you know, Risen, who broke the original NSA mass surveillance story nearly ten years ago, is under threat of imprisonment to name a source. Would you as AG continue this attack on journalism and whistleblowing?"
My question didn't get asked per se, but a question about Risen was asked by the moderator, Myron Belkind that was much kinder to the administration, and didn't raise the issue of whistleblowers at all:
Myron Belkind: [around 53:00 on the C-Span video, their transcript] "Attorney General Holder says he won't send journalists to jail for doing their job, suggesting that in New York Times reporter is unlikely to spend time behind bars. Specifically he said in an interview with MSNBC, he's that I stand by what I said. No reporter is going to jail as long as i'm attorney general. Would you maintain a position, should you happen to become attorney general? Or if not, do support that position?"
Thomas Perez: "My singular focus is on the job of being at the Department of Labor. I know the attorney general very much values the role of the press as the fourth branch of government. He served as teh deputy attorney general under Janet Reno. He often participated in her weekly conferences, whether it was good news, bad news, or indifferent. He was out there with her in those press briefings. He understands the critical importance of the press in so many aspects of our life."
It should be clarified, what Holder recently said on MSNBC is: “I stand by what I have said: If a reporter is doing that which he or she does as a reporter, no reporter is going to go to jail as long as I am attorney general."
Which doesn't really say much. As Norman Solomon and Marcy Wheeler [with whom I'm associated via accuracy.org and exposefacts.org] recently wrote in the Nation: the "pivotal concern for the First Amendment hinges on what 'doing his job' is understood to mean. For the men and women who work with integrity as journalists, the job must include protecting rather than betraying confidential sources. Yet the official position of the Obama administration insists on such betrayal. In a brief to the Supreme Court in April, the Justice Department argued that the government should enforce what it called 'the longstanding common-law rule that reporters have no privilege to refuse to provide direct evidence of criminal wrongdoing by confidential sources.'"
[At 59:00] Myron Belkind: If I can ask you the last question, in the Labor Department, can they do anything about the employment situation of journalists? [laughter]
Thomas Perez: [in over the top enthusiastic tone] There are a few things that keep me up at night more than the employment situation of journalists. What we do is, we hire more journalists so that they can tell our stories. Journalists like so many others have similar challenges. I hope you continue to do the great work you are doing to shine a light. When I signed your book, I said you are the fourth branch of government. Thank you for coming today.