Categories
Edward Snowden News

Citizenfour’s Escape to Freedom in Russia

By Ray McGovern, Courage Foundation Advisory Board

In early September in Russia, National Security Agency whistleblower Edward Snowden told me about a documentary entitled Citizenfour, named after the alias he used when he asked filmmaker Laura Poitras to help him warn Americans about how deeply the NSA had carved away their freedoms.

When we spoke, Snowden seemed more accustomed to his current reality, i.e., still being alive albeit far from home, than he did in October 2013 when I met with him along with fellow whistleblowers Tom Drake, Coleen Rowley and Jesselyn Radack, as we presented him with the Sam Adams Award for Integrity in Intelligence.

A year ago, the four of us spent a long, relaxing evening with Snowden – and sensed his lingering wonderment at the irony-suffused skein of events that landed him in Russia, out of reach from the U.S. government’s long arm of “justice.”

Six days before we gave Snowden the award, former NSA and CIA director Michael Hayden and House Intelligence Committee chair Mike Rogers had openly expressed their view that Snowden deserved to be on the “list,” meaning the “capture or kill” list that could have made Snowden the target of a drone strike. When I asked him if he were aware of that recent indignity, he nodded yes – with a winsome wince of incredulity.

This September, there was no drone of Damocles hanging over the relaxed lunch that the two of us shared. There were, rather, happier things to discuss. For example, I asked if he were aware that one of his co-workers in Hawaii had volunteered to Andy Greenberg of Forbes Magazine that Snowden was admired by his peers as a man of principle, as well as a highly gifted geek.

The co-worker told Greenberg: “NSA is full of smart people, but Ed … was in a class of his own. … I’ve never seen anything like it. … He was given virtually unlimited access to NSA data [because] he could do things nobody else could.”

Equally important, the former colleague pointed out that Snowden kept on his desk a copy of the U. S. Constitution to cite when arguing with co-workers against NSA activities that he thought might be in violation of America’s founding document. Greenberg’s source conceded that he or she had slowly come to understand that Snowden was trying to do the right thing and that this was very much in character, adding, “I won’t call him a hero, but he’s sure as hell no traitor.”

Snowden spoke of his former co-workers with respect and affection, noting that most of them had family responsibilities, mortgages, etc. – burdens he lacked. He told me he was very aware that these realities would make it immeasurably more difficult for them to blow the whistle on NSA’s counter-Constitutional activities, even if they were to decide they should. “But somebody had to do it,” said Snowden in a decidedly non-heroic tone, “So I guess that would be me.”

Following the intelligence world’s axiom of “need-to-know,” Snowden had been careful to protect his family and Lindsay Mills, his girlfriend, by telling no one of his plans. I found myself thinking long and hard at how difficult that must have been – to simply get out of Dodge without a word to those you love.

Perhaps he felt Mills would eventually understand when he explained why it was absolutely necessary in order to achieve his mission and have some chance of staying alive and out of prison. But, not having discussed with her his plans, how could he be sure of that?

And so, learning recently of the interim “happy-ending” arrival of Mills in Russia was like a shot in the arm for me. I thought to myself, it is possible to do the right thing, survive and not end up having to live the life of a hermit. Equally important, that reality is now out there for the world to see. What an encouragement to future whistleblowers – and to current ones, as well, for that matter.

Snowden was delighted when I told him that Bill Binney, the long-time and highly respected former NSA technical director, had just accepted the Sam Adams Award, which will be presented in 2015. It was Snowden’s own revelations that finally freed up Binney and other courageous NSA alumni to let the American public know what they had been trying, through official channels, to tell the overly timid representatives in Washington.

Seeing Citizenfour

Snowden was happy to tell me about the documentary, Citizenfour, explaining that during his sessions in Hong Kong with Laura Poitras, Glenn Greenwald, and The Guardian’s Ewen MacAskill, Poitras seemed to have the camera always rolling during the eight days they shared in Hong Kong – including during the grand escape from the hotel. With a broad smile, Snowden said, “Ray, when people see my makeshift disguise, well, it is going to be really hard to argue that this thing was pre-planned!”

All I have seen so far is the trailer, but I have tickets for a showing Friday night when Citizenfour opens in Washington and other cities. With Snowden, I figured I could wait to witness the grand escape until I saw the film itself, so I avoided asking him for additional detail. Like: ”Don’t spoil it for me, Ed.”

I was encouraged to read, in one of the movie reviews, that the documentary does allude to the key role played by Julian Assange and WikiLeaks in enabling Snowden’s escape. I had long since concluded that WikiLeaks’s role – and that of Sarah Harrison, in particular, was the sine qua non for success. I hope Citizenfour gives this key part of the story the prominence it deserves.

I feel it is an equal honor to spend time with Julian Assange in the Ecuadorian embassy whenever I’m in London. In early September, Assange was a welcoming host and we had a long chat over dinner while I was en route to Russia via London and Berlin. (I had been invited to present at the U.S.-Russia Forum in Moscow later last month and stayed there an extra day in order to visit with Snowden.)

I had been unaware of Citizenfour before visiting Assange. The film came up spontaneously when I volunteered to him that the safe extrication of Snowden from Hong Kong sits atop my gratitude list of the many things he has accomplished. That drew a very broad smile and some words about the world’s most powerful country and intelligence service, “and we still got him out!”

Assange shared how important it was not only to rescue Snowden himself but, in so doing, to provide for potential whistleblowers some real-life proof that it is possible to do the right thing and avoid spending decades in prison where WikiLeaks’ most famous source Chelsea Manning now sits. This was among the main reasons why WikiLeaks cashed in so many chips in its successful effort to bring Snowden to safety. It was surely not because Assange expected Snowden to share reportable information with WikiLeaks. He gave none.

Assange was in good spirits and hoping for some break in the Kafkaesque situation in which he has found himself for several years now (receiving asylum in Ecuador’s Embassy to avoid arrest in Great Britain and extradition to Sweden for questioning regarding alleged sexual offenses).

A Stop in Berlin

I also planned to spend a few days in Berlin to coincide with the NATO summit in Wales (Sept. 4-5). On Aug. 30, the Veteran Intelligence Professionals for Sanity sent a Memorandum to German Chancellor Angela Merkel, warning her about the dubious “intelligence” adduced to blame Russia for the troubles in Ukraine. Our memo had some resonance in German and other European media, but I was saddened to find the media in the UK and Germany as co-opted and Putin-bashing as the U.S. media.

It was 25 years after the fall of the Berlin Wall. What I said in my various talks and interviews on NATO’s reneging on its promise to Soviet leader Mikhail Gorbachev not to move NATO one inch eastward, once Germany was reunited, seemed to come as a major revelation to most listeners.

“Really?” was the predominant reaction when I explained that 25 years ago there was a unique, realistic chance for a Europe “whole and free” (in words then used by President George H. W. Bush and Gorbachev) from Portugal to the Urals. Instead, even after the collapse of the Soviet Union in 1991, Russia was excluded. NATO crept steadily east toward Russia’s border.

And last February, the U.S. and EU orchestrated a coup d’état in Kiev to foster Ukraine’s “European aspirations” to cast its lot with the West and dislodge itself from Russia’s sphere of influence. [See Consortiumnews.com’s “The Whys Behind the Ukraine Crisis.”]

The squandering of a historic chance for lasting peace in Europe remains atop the list of severe disappointments encountered during my professional life. The fact that, to this day, so few seem aware of what happened, and who was – and is – to blame, is also a major frustration.

In Berlin, consolation and affirmation came in renewing friendships there and getting to know others – many of them expatriates. First and foremost among the latter is Sarah Harrison, the main figure in executing WikiLeaks’s plan to get Snowden out of Hong Kong and onward to Latin American via Moscow, where his planned journey has so far stalled.

Because the U.S. Justice Department charged Snowden with espionage and the U.S. State Department revoked his passport, his stay in Moscow ended up being quite a long one. But Harrison stayed on for as long as seemed necessary to accompany and support Snowden, as well as to be able to testify to the fact that the Russians were not using anything like “enhanced interrogation techniques” on him.

I had last seen Harrison in Moscow at the Sam Adams Award presentation to Snowden; it was great to have a chance to chat with her over a long lunch.

Flying home from Moscow, having had lunch there with Edward Snowden, lunch in Berlin with Sarah Harrison, and dinner with Julian Assange in that little piece of Ecuadorian territory in London, what came first to mind was Polonius’s advice to Laertes: “Those friends thou hast, and their adoption tried, grapple them to thy soul with hoops of steel.”

But then, above the din of the jet engines, came a more familiar and more insistent voice. It was that of Jane Fahey, my Irish grandmother, who for some reason seemed 33,000 feet closer than usual: “Show me your company, and I’ll tell you who you are!” she would say, often – very often. I think my grandmother would be as pleased with my “company” as I am – and as grateful.

This piece first appeared at ConsortiumNews.com.

Categories
Edward Snowden News

Yochai Benkler argues for Edward Snowden’s immunity

In the Atlantic, Harvard Law Professor Yochai Benkler contends that reforming the National Security Agency requires immunity for public-accountability leakers like Edward Snowden. Benkler, who testified to WikiLeaks’ journalistic value at whistleblower Chelsea Manning’s trial, recently published his proposal for a legal defence that such whistleblowers could use in court, arguing that they should be able to show that their disclosures are in the public interest and necessary for democratic progress.

In his new piece, Benkler observes how the Pentagon Papers, COINTELPRO and Watergate leaks of the 1970s “helped cement the role of unauthorized public disclosure as a systemic check on the predictable cycles of error in the national-security system.” While those erstwhile leakers are now championed for exposing wrongdoing, whistleblowers of the the new millennium have been subject to prosecutions, retaliations and prison sentences.

America’s post-9/11 security state ballooned and ensured its worst policies were kept secret, precluding any accountability, save for conscientious disclosures to the press. “Without the men and women of conscience who have come out over the past 12 years and disclosed aspects of the abuses, the system would have kept on grinding,” Benkler writes.

Echoing his preface to his public-accountability defence proposal, Benkler explains,

All large systems suffer from these kinds of failures as they age, as new conditions challenge old practices, and as the rationale for processes once cherished is lost in the humdrum of bureaucratic routine… Whistleblowing is a central pillar of the way American law deals with these dynamics of error, incompetence, and malfeasance in large organizations.

However, in the national security realm, whistleblowing is not acknowledged and applauded but rather pathologised, condemned, and criminalised. Benkler says, “Only piercing the echo chamber can lead to meaningful reform in such cases, so it’s here, where the risks of error and distortion are greatest, that unauthorized disclosure is most important. We saw it with the Pentagon Papers in 1970, and we saw it again with Snowden.”

In conclusion, Benkler explains how immunity for Snowden would pave the way toward a culture of accountability that welcomes whistleblowing as necessary, inevitable, and vital.

Retroactive immunity would build constitutional culture rather than a permanent legal solution. Our (fuzzy) memories of the 1970s teach us, collectively, that unauthorized national-security leakers who expose substantial wrongdoing were heroes, and that respect, not a prison term, was their due. That is the lesson that immunity for Snowden would reinforce. It will not make leaking a low-risk activity, nor will it erase the dread of repercussions like Manning’s 35-year prison sentence. But immunity will be a strong statement to insiders that if the system has gone badly enough off track, and if public disclosure can lead to genuine benefits, then a conscientious individual can do the right thing. Even if the leak is illegal, the public will support bona fide whistleblowers who expose significant abuses, and the whistleblowers will not be forced to spend their lives in prison or exile while those whose misdeeds they exposed profit on the speaking circuit.

Read Benkler’s full article here.

Categories
Courage News Edward Snowden News

Press release: Courage welcomes Russia’s continued protection of Edward Snowden

Courage, which runs Edward Snowden’s official defence fund and his associated asylum campaign, welcomes today’s announcement that Russia will continue its protection of Edward Snowden.

Courage’s Acting Director Sarah Harrison, who facilitated Edward Snowden’s exit from Hong Kong and spent four months in Russia, including 40 days in Moscow’s Sheremetyevo airport, securing his initial asylum said:

I’m relieved to hear that Edward Snowden will continue to be protected, keeping him safe from American prosecution. Courage congratulates the Russian people and the dedicated international team of lawyers, campaigners and supporters who have made this happen. Although the US government has lost this round, let us not forget the stakes – last year whistleblower Chelsea Manning was sentenced to 35 years in a US military prison and the Grand Jury against both WikiLeaks and Edward Snowden continues. By hosting Edward Snowden’s defence fund and keeping the public aware of his case, Courage has helped keep Edward Snowden safe for the past year, but his fund will need continued public support to ensure he stays protected for years to come.

Courage originally began in August 2013 as The Journalistic Source Protection Defence Fund and has run Edward Snowden’s defence fund since that time. Courage’s official Edward Snowden support site is located at http://edwardsnowden.com and the related twitter account at @CourageSnowden.

Last month Edward Snowden applied for an extension to his one year temporary asylum that ended on July 31st 2014. Courage has been campaigning for that application to be accepted; hand delivering letters calling for his protection and asylum application not to be blocked to the UK, US and German governments, writing to the Russian embassy in Washington, DC last week asking for his application to be accepted and launching an ad campaign that has been seen by over a million users of Russian social network Vkontakte.

Categories
Edward Snowden News

Press Release: Courage letters being delivered to governments call for the safe protection of Edward Snowden

  • Parliamentarians to hand letters to US, German and UK governments asking for Edward Snowden’s protection
  • Letter addressed to President Putin asks Russia to re-grant Edward Snowden asylum
  • Amnesty joins the call for Edward Snowden to be able to seek asylum in a country of his choice

This week, letters will be handed to the governments of the UK, US and Germany calling on them to protect NSA whistleblower Edward Snowden and allow him the right to asylum. Edward Snowden’s legal status is once again that of an asylum-seeker with temporary leave to remain in Russia, pending the result of an asylum application made this month, after his initial one year of temporary asylum ended.

Courage – the organisation that has been running Snowden’s official defence fund for the past year – sets out in the letters significant revelations from Edward Snowden, the persecution he faces and the reasons he should be protected. The letters are being handed out by elected representatives (Senator Ron Wyden in the US, Hans Christian Ströbele MP in Germany and Caroline Lucas MP in the UK) that they were hand-delivered to on Friday.

As Mr Snowden is currently without assured asylum, Courage’s letters encourage support for his safe protection and for his asylum application to be granted by Russia, without blockage from foreign governments. In addition, Courage has delivered a letter to the Russian embassy in Washington, DC, asking President Putin to grant Snowden’s renewed asylum application.

On Friday, Amnesty International called on governments around the world to “facilitate [Mr Snowden’s] travel and process any asylum application he should file”, a call reiterated by the representatives delivering Courage’s letters.

In the US, the letter being delivered calls on the US to drop “the Espionage Act charges against him and to formally acknowledge his invaluable contributions to Americans’ understanding of their government” as doing so “would both save Edward Snowden from persecution but also show future Snowdens that exposing wrongdoing is conscientious and appreciated.”

In Germany, where public reaction to the revelations has been one of the strongest worldwide, prompting a Parliamentary inquiry, the letter Member of Parliament Hans-Christian Ströbele will deliver asks the German government to not only support asylum for Snowden, but “to afford safe passage to speak to the ongoing Bundestag inquiry, and to encourage other countries to take similar measures.” Ströbele, a member of the Parliamentary Control Council that oversees Germany’s intelligence servces, said:

I hope this initiative will help us to bring Snowden to Germany as a witness in our committee but also, and this is more important, to give him in Germany a better, normal and free life.

In a press release, Ströbele said he would be passing on the letter to Germany’s federal government.

Caroline Lucas MP, who will deliver Courage’s letter in the UK, said on Friday at her constituency office in Brighton:

Edward Snowden has been criminalised for demonstrating the courage of his convictions.

I urge the Government to offer Mr Snowden the safe haven he deserves. To do otherwise is to perpetuate his unjustified persecution.

His leaks raised fundamental questions regarding the balance between security and privacy. I, and many others, believe we have that balance wrong. It is crucial we are able to hold our government to account – and that national security laws are not illegitimately used in order to undermine freedom of speech in the public interest.

Courage’s letter delivered to the Russian embassy in Washington, DC, asks President Putin to grant Edward Snowden permanent asylum status:

Looking favorably on Mr Snowden’s new application would show that the Russian government respects the right to asylum. It would send a strong signal about the need for decisive action to defend european privacy and associational rights from interference by other states. We ask that the Russian government do whatever is in its power to ensure that Edward Snowden remain safe in the face of real and significant threats.

Full text of the letters is available (US, UK, Germany [English translation], Russia).

IMG_20140801_143957

Strobele_Snowden_SWSLetter

Categories
Edward Snowden News

Press Release: Americans, Brits and Germans want their governments to protect Edward Snowden

6:30pm GMT

  • As Edward Snowden’s year of temporary asylum in Russia expires, German, UK, US and Russian governments are asked to take action
  • US will be asked to drop its charges against Snowden
  • Supporters across 39 countries have joined the call from Snowden’s defence fund, Courage, for Snowden’s asylum and protection
  • Germany, UK and US supporters lead Courage’s ‘Stand With Snowden’ campaign, calling for Snowden’s continued protection

Today, on the final day of Edward Snowden’s year of temporary asylum in Russia, members of Courage, the organisation that has run his official defence fund for the past year, write to those governments where support for Snowden has been greatest. Since June this year, Courage has been running a campaign asking members of the public to submit photos showing they “Stand With Snowden.” As his asylum ends, Courage asks the governments of countries where the support was greatest to “ask them to respond to this call.”

Today it was announced that Edward Snowden has applied for permanent political asylum in Russia, a year after he was awarded temporary asylum by the Russian Federation after one month stranded in Moscow’s Sheremetyevo airport, following a decision by the US State Department to announce the cancellation of his passport. As his temporary asylum expires today, he is formally an asylum-seeker once again. It is therefore paramount at this critical time that governments around the world respond to their citizens’ wishes and help protect Edward Snowden. Courage will also be writing to President Putin to encourage Russia to renew Mr Snowden’s asylum.

Over the last year, Edward Snowden has been able to actively participate in the debate he began. Thanks to the protection Russia has afforded him, he has been able to lead a relatively normal life in that country. In the letters to be delivered tomorrow, Courage sets out for each government the impact and importance of Snowden’s revelations. Courage asks that governments around the world support his courageous action in showing how their citizens’ rights were being violated by the NSA and GCHQ, and to support his legal right to asylum to allow his continued participation in the debate on mass surveillance. Courage will also ask the United States to drop its charges against Snowden.

Tomorrow, 1st August, Courage will deliver letters calling for Edward Snowden’s protection to elected representatives in Germany, Britain, the US and to Russia. In the UK and Germany, Members of Parliament Hans-Christian Ströbele and Caroline Lucas will be accepting these letters. Letters will also be delivered to US Senator Ron Wyden and the Russian Government. Please follow @CourageFound and this page for updates on the deliveries.

Sarah Harrison, Acting Director of Courage said:

Whilst it is heartening to see so many members of the public standing up in support of Snowden, most governments around the world, with the exclusion of Russia a year ago, have done little to protect this legal asylum-seeker. As we reach the time of his asylum renewal, I hope that more governments will have the courage and conscience to do what their own citizens tell them is right. Snowden faces decades in prison in the US, due to Obama’s war on whistleblowers. Last year military whistleblower Chelsea Manning was sentenced to 35 years in prison. Earlier this week Amnesty called on President Obama to grant Manning’s immediate release. The United States’ political persecution of whistleblowers must stop. Governments around the world should not allow for another Manning: protect Snowden whilst he’s still free.

Although letters are being delivered tomorrow, Courage will keep its Stand With Snowden campaign page open to allow the public around the world to continue to show their support. So far, photos have been submitted from 39 countries around the world, with support mapped from as far afield as Brazil, India, China, Pakistan, Nigeria, Japan and Egypt. The diverse spread of photos demonstrates how Edward Snowden’s revelations resonate with people around the world.

cape town stands with

Courage originally began in August 2013 as The Journalistic Source Protection Defence Fund and has run Edward Snowden’s defence fund since that time. Courage’s official Edward Snowden support site is located at https://edwardsnowden.com and the related twitter account at @CourageSnowden.

In addition to running the official defence fund for Edward Snowden and preparing to do the same for others in the future who risk life or liberty to make significant contributions to the historical record, Courage advocates for the protection of journalists’ sources and the public’s right to receive their information as guaranteed in Article 19 of the Universal Declaration of Human Rights.

Read more about donating to Courage, its funding and its mission at https://staging.couragefound.org

 

Categories
Edward Snowden News

Sen. Leahy introduces new USA Freedom Act to curb NSA surveillance powers

Categories
Edward Snowden News

Former NSA director says Edward Snowden “blew the whistle” on US spying

Categories
Courage News Edward Snowden News

Press Release: Courage campaigns for Snowden’s continued protection in Russia

With Edward Snowden’s Russian asylum expiring in one week, Courage campaigns for his continued safety

  • Through Vkontakte (Russia’s “Facebook”) a campaign promoting asylum extension for Snowden was seen by more than 1 million users in Russia last week alone
  • 37 countries already covered by Courage’s #StandWithSnowden campaign
  • More than $90,000 in Bitcoin donations received by Courage in the year since Courage set up Snowden’s defence fund
Categories
Edward Snowden Journalism Legislation News

Australia’s new law would criminalise Snowden reporting

Australian attorney general George Brandis has introduced an amendment to National Security Bill 2014, which he says will criminalise the removal of intelligence information from an agency but is written so broadly that it can potentially be used to punish journalists for publishing or reporting on intelligence information they discover or receive.

As the Guardian reports, according to the Bill’s explanatory memorandum, it criminalises “disclosures by any person, including participants in an SIO [special intelligence operation], other persons to whom information about an SIO has been communicated in an official capacity, and persons who are the recipients of an unauthorised disclosure of information, should they engage in any subsequent disclosure”.

This last clause effectively makes journalism — publishing and reporting on secret government documents — a crime.

The new Bill is in line with an ongoing crackdown on whistleblowing and subsequently on the journalism it enables, in the spirit of the US government’s persecution and ongoing investigation of WikiLeaks for publishing Iraq and Afghanistan war logs and State Department cables. In the US trial of Army whistleblower Chelsea Manning, military prosecutors avowed that they would have tried Manning the same way had she passed the documents to the New York Times rather than WikiLeaks.

It also recalls the abusively broad language of the 1917 Espionage Act, a conviction of which requires merely “potential” harm — no proof of actual damage caused is needed. As Pentagon Papers whistleblower Daniel Ellsberg writes, reversing Manning’s 35-year prison sentence and conviction on multiple Espionage Act counts is America’s best shot at ending the government’s use of the law to imprison truthtellers.

The Espionage Act carries a ten-year prison term, and Australia’s new bill does as well, making it a crime to “endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.” This language hypes fears of national security damage without any factual backing. Snowden-released documents have been published, excerpted from and reported on for more than a year, and American officials have been unable to point to any tangible harm as a result.

Rather than learn from this lack of damage that these documents needn’t have been classified in the first place, Brandis is moving in the opposite direction, stoking fears in an effort to dissuade whistleblowing and, more broadly, Australian journalism.

Categories
Edward Snowden News

UN High Commissioner for Human Rights says Edward Snowden should not face prosecution