Tag: thomas drake

Thomas Drake running for UN Privacy Rapporteur

Post author By Nathan
Post date May 8, 2015

Courage Advisory Board member Thomas Drake is a candidate to be the next Special Rapporteur on the right to privacy for the United Nations. In 2006, Drake blew the whistle on the NSA’s fraudulent and abusive warrantless wiretapping. Courage wishes to congratulate Drake on his candidacy and fully supports his run.

Drake has already taken a stand for privacy in the global sphere. In September 2013, he testified to the European Parliament’s Civil Liberties Committee on the threat that mass surveillance poses to privacy and human rights. In July 2014, he participated in the German Parliament’s formal surveillance inquiry, using his extensive knowledge as a former senior executive with the NSA.

The government persecuted Drake for speaking to the media about wiretapping, charging him with Espionage, bankrupting him with an extensive trial and ruining his career. But since then Drake has been an outspoken voice on civil liberties and privacy in the digital age. In 2011, Drake was awarded the Ridenhour Prize for Truthtelling and was given the Sam Adams Associates for Integrity in Intelligence award. He was featured in the 2014 documentary Silenced, about the US government’s extensive retaliation against whistleblowers.

Rapporteur announcements will be made at the 29th session of the Human Rights Council, held 15 June – 3 July 2015. See other candidates and positions and more information here.

Tags civil liberties, privacy, thomas drake, united nations

News Whistleblowing

It’s who you are that matters

Post author By admin
Post date March 5, 2015

We’ve written a lot about how the current US administration has treated unauthorised disclosures of classified information. Whether those disclosures be matters of huge public significance or relatively trivial, the reaction has been to seek to prosecute those responsible under the 1917 Espionage Act.

As is well known, the Obama administration has initiated twice as many Espionage Act prosecutions than all previous US administrations combined. Denied the ability to put forward a public interest defence, Chelsea Manning was sentenced to 35 years’ imprisonment and CIA whistleblower John Kirakou is still the only person to have been prosecuted in relation to America’s state sanctioned torture programme. And, as last week’s Pentagon Inspector General’s Office report on the treatment of NSA whistleblower Thomas Drake shows, there’s no accountability for the wrongs inflicted on defendants during in Espionage Act investigation.

The emergence of former CIA director and general David Petraeus’ plea deal this week places this suffering into sharp relief. Petraeus shared eight “black books” with his biographer and mistress, containing information that included covert officers’ identities, classified notes and details about US intelligence. By his own admission, the top secret information in those Black Books was more sensitive than anything Chelsea Manning ever disclosed.

Nevertheless, under the terms of his plea bargain, Petraeus will plead guilty to a misdemeanour and serve no more than two year’s probation and a $40,000 fine. He was never indicted under the Espionage act and will not face repurcussions for lying to FBI agents.

As John Kirakou and Marcy Wheeler point out in a recent interview, there’s a glaring inequity here, with sufficient prominence acting as a safeguard against prosecution, even in matters which the US government appears to regard as priorities. More than that, it demonstrates, quite clearly, that Espionage Act prosecutions are explicitly political. As Jesselyn Radack notes in a piece which brings out this dynamic very clearly:

Now that the government has put forth a new model of how to deal appropriately with unauthorized disclosures, I suspect that Snowden would entertain returning to the United States for the kind of plea bargain that Petraeus received.

Too bad that kind of leniency is reserved for generals sharing information with their mistress-biographers — not normal Americans trying to expose government wrongdoing.

Tags black books, chelsea manning, espionage act, john kiriakou, kim, manning, obama, petraeus, radack, Snowden, thomas drake

News Whistleblowing

Government rejects Thomas Drake’s retaliation claims

Post author By Nathan
Post date March 4, 2015

NSA whistleblower and Courage Advisory Board member Thomas Drake had his career and professional reputation ruined after he disclosed information about warrantless wiretapping. Charged under the Espionage Act, Drake narrowly avoided a trial that could’ve landed him in prison for years but was bankrupted defending himself.

Drake formally complained of government retaliation, and as McClatchy reports, his claims were rejected, with the government condoning Drake’s treatment.

Drake told McClatchy, “What happened to me already had a chilling effect on whistleblowers relying on official channel. … This is just more evidence that the system is corrupted.”

Jesselyn Radack, Drake’s attorney with the Government Accountability Project, criticised the government’s handling of his claims: “This report epitomizes the utter lack of protection for national security whistleblowers. …“This is a pathetic, anemic excuse for an investigation.”

Although the Pentagon Inspector General’s Office conceded that his disclosures legally qualified as a whistleblower, it doesn’t believe he was retaliated against —but as McClatchy says, “Drake says the retaliation by the NSA began long before the prosecution and soon after he began cooperating in 2002 with congressional investigations into 9/11 intelligence failures.”

Read McClatchy’s full story here.

Read the report here.

Tags mcclatchy, retaliation, thomas drake, whistleblowers

Courage News News

Press release: Known Unknowns Fund launched to protect alleged sources under investigation

Post author By admin
Post date September 23, 2014

New fund will be the first to aid suspected sources before they face charges
An alleged source under investigation by the US government has already reached out to Courage for assistance
Courage Advisory Board members Daniel Ellsberg and Thomas Drake underline the importance of the new fund
Donations can be made online at https://staging.couragefound.org/known-unknowns-fund/#donate

Courage, the international organisation dedicated to the protection of truthtellers, today announces the launch of the Known Unknowns Fund to support suspected sources under investigation. The Fund is the first specifically designed to assist individuals who are alleged to have disclosed information of significant public value but do not yet face formal charges. The name of the fund, a play on former US Defense Secretary Donald Rumsfeld’s notorious defence of inadequate sourcing, acknowledges that many who find themselves in this situation will not be in a position to confirm their identity to the public.

Daniel Ellsberg, the Pentagon Papers whistleblower and a member of Courage’s Advisory Board said:

In the US, the administration of injustice against whistleblowers under President Obama serves to intimidate potential truth-tellers by the prospect of ruinous legal costs defending themselves under investigation, even if no indictment follows. The Known Unknowns Fund will benefit not only those who may earn suspicion of telling wrongly-withheld truths; it also serves the public interest in being so informed.

By providing support at the pre-indictment stage, Courage hopes to limit the number of cases that proceed to prosecution. The organisation has already received a request for assistance for an alleged source who is currently under investigation by the US government.

Courage’s Acting Director Sarah Harrison explained:

Courage has decided to launch the Known Unknowns Fund because there is a real and pressing need that no one else is in a position to fulfill. We have already received a request regarding someone who needs our help, as they are under investigation by the US government for being the alleged source of some important stories in the US media regarding botched counter-terrorism programmes. Up to this point, Courage has advocated for whistleblowers the public already knows about and who have been wrongly retaliated against. Alleged sources who haven’t yet been charged are in a different situation and a really difficult one – they are often in desperate need of financial and other support, but requesting it publicly can harm their legal situation. Even speaking about an investigation in public can put an individual at risk of additional prosecution. Courage’s Known Unknowns Fund aims to help those who can’t ask openly. We want to make sure that the public has an opportunity to support and protect alleged sources ahead of time, so they can get legal advice and prepare a legal team before potential charges are brought.

The experience of whistleblowers shows a clear need for this new initiative. NSA whistleblower Thomas Drake was charged under the 1917 Espionage Act and faced 35 years in prison. By the time the US government’s case fell apart, Drake had spent several years under investigation and another awaiting trial. At the sentencing hearing Judge Richard D. Bennett said that the conduct of the investigation against Drake had been “unconscionable”, likening the experience to “four years of hell.”

Thomas Drake, who is also a member of the Courage Advisory Board, said:

During my pre-trial criminal proceedings, I was advised by private counsel that my criminal defense prior to public trial would cost at least a million dollars and perhaps as much as three million. I had to prepare a legal defense from my own resources against a government criminal investigation and prosecution which had no such limitations. I went virtually bankrupt, emptied all my liquid assets, took out a second mortgage on my residence and went into severe debt paying for my private attorney over two years. I ended up declared indigent before the Court and represented for criminal defense by public defenders and by attorney Jesselyn Radack, who represented me in the court of pubic opinion as well as whistleblower advocacy and media outreach. She was my voice when I had none. If something like the Known Unknowns Fund had existed before I was indicted, I’d have been in a much better position to defend myself.

Donations to the Known Unknowns Fund can be made at https://staging.couragefound.org/known-unknowns-fund/#donate

___

The following people are available for interview and comment by emailing courage.press@couragefound.org

Daniel Ellsberg, Courage Advisory Board Member and whistleblower
Thomas Drake, Courage Advisory Board Member and whistleblower
Ray McGovern, Courage Advisory Board Member, veteran intelligence analyst and whistleblower champion
Sarah Harrison, Courage Acting Director

Tags charges, courage, Daniel Ellsberg, espionage act, four years of hell, indictment, investigation, known unknowns fund, pentagon papers, richard d bennett, rumsfeld, sarah harrison, thomas drake, unconscionable, whistleblower

News Whistleblowing

Obama: “If you blow the whistle, you should be thanked”

Post author By admin
Post date August 13, 2014

“If you blow the whistle, you should be thanked. You should be protected for doing the right thing. You shouldn’t be ignored and you certainly shouldn’t be punished.”

These were the surprising words of President Obama on 7 August 2014, as he signed a $16 billion bill to improve veterans’ access to medical care. The bill followed a report from the Department for Veterans’ Affairs, which confirmed many of the complaints whistleblowers had been making – waiting lists were indeed being manipulated to hide how long veterans were having to wait for medical appointments.

The White House again praised whistleblowers this week, responding to a letter sent by the Society of Professional Journalists and 37 other journalism and open government groups urging the Obama Administration to be more transparent. The letter from White House Press Secretary Josh Earnest claims that the Administration has “made important progress” in “protecting whistleblowers” and “disclosing previously classified information.” Earnest cites the 2012 Whistleblower Protection Enhancement Act as evidence that the Administration has “fought for and won better protections for whistleblowers.”

But the Whistleblower Protection Enhancement Act that the White House claims offers better protections for whistleblowers is limited. While the Act was recognised as a step forward by whistleblower organisations like the Government Accountability Project (GAP) and the National Whistleblowers Centre, GAP also recognised its limitations. Blowing the whistle within official channels does not guarantee public disclosure of the information and does little to facilitate what Yochai Benkler has called “accountability leaks… that challenge systemic practices.”

At any rate, it is not the Whistleblower Protection Enhancement Act for which this Presidency is likely to be remembered but the intelligence whistleblowers who have faced severe reprisals on its watch. The Obama Administration, famously, has initiated eight prosecutions under the Espionage Act – more uses of the 1917 Act than all previous US presidents combined. Former NSA employees Thomas Drake and Edward Snowden, who blew the whistle on mass surveillance; former US Army intelligence analyst Chelsea Manning, who blew the whistle on US torture and war crimes in Iraq and Afghanistan; and former CIA official John Kiriakou, who blew the whistle on US torture, are among the intelligence whistleblowers who have been charged with the Espionage Act during Obama’s Administration.

Ray McGovern, a former CIA senior analyst, founder of whistleblower group Sam Adams Associates for Integrity in Intelligence and co-founder of Veteran Intelligence Professionals for Sanity (VIPS), responded to Obama’s comments saying, “President Obama is giving hypocrisy a bad name.”

McGovern, who is also a member of Courage’s advisory board, said:

Obama’s record speaks for itself; he has prosecuted more than twice as many whistleblowers – for espionage, no less – than all former presidents combined. As for those whose crimes have been whistle-blown upon, like those who did the torture, Obama continues to call them ‘patriots’. Former CIA operative John Kiriakou, who opposed torture, sits in a Pennsylvania prison because he revealed the name of one of the torturers.

Too bad Kafka is dead.

Courage News Edward Snowden News

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

Post author By sarah
Post date July 25, 2014

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

Tags advertising, Daniel Ellsberg, edward snowden, facebook, graham linehan, it crowd, jesselyn radack, judith sargentini, julian assange, russell brand, russia, sarah harrison, social network, standwithsnowden, thomas drake, vk, vkontakte

Courage News Edward Snowden News

Courage’s Advisory Board Stands With Snowden

Post author By admin
Post date June 24, 2014

With the official launch of the Courage Foundation and the one-year anniversary of Edward Snowden exposing the truth of covert mass surveillance, the Courage Advisory Board expressed their solidarity with the NSA whistleblower in a wide range of articles, television and radio interviews, press and online videos. The Courage Advisory Board members demonstrated the numerous and varied ways in which people can Stand With Snowden.

Human rights lawyer Renata Avila spoke at the launch of Courage in Berlin: “The key lesson in the case of Mr Snowden is to put back human rights at the core of our priorities.”

John Perry Barlow, co-founder of the Electronic Frontier Foundation, spoke passionately to the Courage launch via video link about his support for Edward Snowden.

John Perry Barlow addressing the Courage launch, Berlin

NSA whistleblower Thomas Drake gave several talks in Europe and featured on a panel discussion on the consequences of Snowden’s revelations at Wau Holland Foundation – listen here.

Daniel Ellsberg, the US whistleblower who famously released the Pentagon Papers, spoke at the Berlin launch of Courage via video link and explains why he Stands With Snowden in this video.

MI5 whistleblower Annie Machon has given a number of talks and interviews throughout the anniversary, and has written about “The Year of Edward Snowden”.

Former CIA Analyst, Ray McGovern was interviewed along with Jesselyn Radack on Russia Today marking one year after the first Snowden disclosure – watch here.

Professor of Law at Columbia University and founder of Software Freedom Law Center, Eben Moglen explains in this video for Courage why he Stands With Snowden.

Digital rights activist Andy Müller-Maguhn spoke at the Berlin launch of Courage, and explains in this video for Courage why Berlin Stands With Snowden.