Category Archives: WikiLeaks

The legal assault on WikiLeaks and press freedom

As the Justice Department develops a legal strategy for attacking WikiLeaks it will be looking for political cover to defend itself from the charge that it is attacking the First Amendment rights of a free press and will do so by arguing that what WikiLeaks does is not journalism.

The administration’s lack of interest in defending the Constitution is transparent. The question is, where will the pillars of the American mainstream media establishment take their stand? In defense of a free press? Or will they equivocate because they attach greater value to the privilege of government access than they do to their obligation to serve the public?

Wired reports:

The Justice Department would have no problem distinguishing WikiLeaks from traditional media outlets, if it decides to charge WikiLeaks founder Julian Assange with violating the Espionage Act, a former federal prosecutor told lawmakers Thursday.

“By clearly showing how WikiLeaks is fundamentally different, the government should be able to demonstrate that any prosecution here is the exception and is not the sign of a more aggressive prosecution effort against the press,” said Kenneth Wainstein (pictured at right), former assistant attorney general on national security, during a House Judiciary Committee hearing about WikiLeaks and the Espionage Act on Thursday.

The hearing was the first to publicly address WikiLeaks. It consisted of testimony from legal scholars and attorneys as well as former Green Party presidential candidate and consumer advocate Ralph Nader. Testimony focused primarily on whether the 1917 Espionage Act should be revised to make it easier to prosecute recipients of classified information.

But Wainstein’s remarks, coming from a former prosecutor, hint at arguments the Justice Department is likely to make if it proceeds with prosecuting Assange under the existing Espionage Act.

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India accused of systematic use of torture in Kashmir

The Guardian reports:

US officials had evidence of widespread torture by Indian police and security forces and were secretly briefed by Red Cross staff about the systematic abuse of detainees in Kashmir, according to leaked diplomatic cables released tonight.

The dispatches, obtained by website WikiLeaks, reveal that US diplomats in Delhi were briefed in 2005 by the International Committee of the Red Cross (ICRC) about the use of electrocution, beatings and sexual humiliation against hundreds of detainees.

Other cables show that as recently as 2007 American diplomats were concerned about widespread human rights abuses by Indian security forces, who they said relied on torture for confessions.

The revelations will be intensely embarrassing for Delhi, which takes pride in its status as the world’s biggest democracy, and come at a time of heightened sensitivity in Kashmir after renewed protests and violence this year.

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Who gets to feed from the trough of classified information?

Robert Naiman points out that the only reason we know that President Obama’s Afghan “progress” report is at variance with the reports coming from the intelligence community, is thanks to classified information being made public — without being declassified.

[T]he reason that we know that the collective assessments of the 16 US intelligence agencies give a very different picture than the “progress” story that the administration is presenting to the public today is that news outlets such as the Los Angeles Times and the New York Times have reported on the National Intelligence Estimates (NIE) for Afghanistan and Pakistan, even though the NIEs are classified.

The Los Angeles Times reported yesterday [my emphasis throughout the following]:

Two new assessments by the US intelligence community present a gloomy picture of the Afghanistan war, contradicting a more upbeat view expressed by military officials as the White House prepares to release a progress report on the 9-year-old conflict.

The classified intelligence reports contend that large swaths of Afghanistan are still at risk of falling to the Taliban, according to officials who were briefed on the National Intelligence Estimates on Afghanistan and Pakistan, which represent the collective view of more than a dozen intelligence agencies.

The reports, the subject of a recent closed hearing by the Senate Intelligence Committee, also say Pakistan’s government remains unwilling to stop its covert support for members of the Afghan Taliban who mount attacks against US troops from the tribal areas of the neighboring nation. The officials declined to be named because they were discussing classified data.

[…]

Pakistan, which is due to receive $7.5 billion in US civilian aid over three years, denies secretly backing the Taliban. However, intelligence gathered by the US continues to suggest that elements of Pakistan’s security services arm, train and fund extremist militants, according to military and State Department documents disclosed this year by WikiLeaks.

[…]

Key members of Congress are watching the Obama strategy warily. “Our political and diplomatic efforts are not in line with our military efforts,” said Rep. Mike Rogers (R-Mich.), who is under consideration as the next chairman of the House Intelligence Committee.” It may be time to consider a smaller troop footprint.”

Speaker-designate John Boehner announced yesterday that Rogers will indeed be chair.

The New York Times reported:

As President Obama prepares to release a review of American strategy in Afghanistan that will claim progress in the nine-year-old war there, two new classified intelligence reports offer a more negative assessment and say there is a limited chance of success unless Pakistan hunts down insurgents operating from havens on its Afghan border.

[…]

The findings in the reports, called National Intelligence Estimates, represent the consensus view of the United States’ 16 intelligence agencies, as opposed to the military, and were provided last week to some members of the Senate and House Intelligence Committees. The findings were described by a number of American officials who read the reports’ executive summaries.

[…]

The White House review comes as some members of Mr. Obama’s party are losing patience with the war. “You’re not going to get to the point where the Taliban are gone and the border is perfectly controlled,” said Representative Adam Smith, a Washington Democrat who serves on the Armed Services Committee and the Permanent Select Committee on Intelligence, in an interview on Tuesday.

Mr. Smith said there would be increasing pressure from the political left on Mr. Obama to end the war, and he predicted that Democrats in Congress would resist continuing to spend $100 billion annually on Afghanistan.

Note that the Los Angeles Times and the New York Times cite unnamed officials, and then quote members of the Intelligence Committee. It’s a reasonable guess that Representative Rogers and Representative Smith are familiar with the contents of the NIEs, and that they are among the unnamed sources.

Today, the Washington Post reports on the White House/Pentagon review:

A White House review of President Obama’s year-old Afghan war strategy concluded that it is “showing progress” against al-Qaeda and in Afghanistan and Pakistan but that “the challenge remains to make our gains durable and sustainable,” according to a summary document released early Thursday.

[…]

The overview of the long-awaited report contained no specifics or data to back up its conclusions. The actual assessment document is classified and will not be made public, according to an administration official who said that interested members of Congress would be briefed on it in January.

This example shows why we need journalism on classified information, including WikiLeaks. If the assessment of the 16 intelligence agencies is different from the White House/Pentagon review, the public need to know that in order to have an informed opinion.

Clearly there is a public need for access to classified information, but what we see here is the subtext to the WikiLeaks story. It is not about secrecy per ce; it is about the government’s ability to act as the gatekeeper of classified information, so that officials retain a measure of control over when such information is released and to whom.

Classified information is food for journalists and it is provided on mutually understood but unstated terms: that journalists thus rewarded will use the material in such a way that they can expect to continue being offered future rewards. WikiLeak’s “crime” is that it operates outside this circle of privileged access to information and thus robs government officials of a significant measure of the power through which they can manipulate the media.

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The DOJ’s conspiracy to criminalize investigative journalism

The New York Times has reported that the Department of Justice is investigating the possibility that Julian Assange could be charged as a conspirator in the leaking of classified documents. The aim would be to draw a distinction between Assange’s actions and those of journalists. But as Glenn Greenwald points out, investigation journalism involves all sorts of actions which would fall foul of the same theory of conspiracy.

Very rarely do investigative journalists merely act as passive recipients of classified information; secret government programs aren’t typically reported because leaks just suddenly show up one day in the email box of a passive reporter. Journalists virtually always take affirmative steps to encourage its dissemination. They try to cajole leakers to turn over documents to verify their claims and consent to their publication. They call other sources to obtain confirmation and elaboration in the form of further leaks and documents. Jim Risen and Eric Lichtblau described how they granted anonymity to “nearly a dozen current and former official” to induce them to reveal information about Bush’s NSA eavesdropping program. Dana Priest contacted numerous “U.S. and foreign officials” to reveal the details of the CIA’s “black site” program. Both stories won Pulitzer Prizes and entailed numerous, active steps to cajole sources to reveal classified information for publication.

In sum, investigative journalists routinely — really, by definition — do exactly that which the DOJ’s new theory would seek to prove WikiLeaks did. To indict someone as a criminal “conspirator” in a leak on the ground that they took steps to encourage the disclosures would be to criminalize investigative journalism every bit as much as charging Assange with “espionage” for publishing classified information.

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Top Democrat sticks up for WikiLeaks

Justin Elliot reports:

The House Judiciary Committee is holding a hearing this morning on WikiLeaks and the Espionage Act, the law that has been touted as opening up a possible route to prosecute Julian Assange. But the most interesting part of the hearing has been listening to a prominent congressional Democrat, committee chairman John Conyers of Michigan, argue strongly against prosecuting WikiLeaks in haste — or at all.

“As an initial matter, there is no doubt that WikiLeaks is very unpopular right now. Many feel that the WikiLeaks publication was offensive. But being unpopular is not a crime, and publishing offensive information is not either. And the repeated calls from politicians, journalists, and other so-called experts crying out for criminal prosecutions or other extreme measures make me very uncomfortable,” Conyers said, according to his prepared remarks.

“Indeed, when everyone in this town is joined together calling for someone’s head, that is it a pretty strong sign we need to slow down and take a closer look,” he continued.

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Julian Assange freed on bail

The Guardian reports:

Britain’s high court today decided to grant bail to Julian Assange, the WikiLeaks founder who is wanted in Sweden for questioning over allegations of rape.

Justice Duncan Ouseley agreed with a decision by the City of Westminister earlier in the week to release Assange on strict conditions: £200,000 cash deposit, with a further £40,000 guaranteed in two sureties of £20,000 and strict conditions on his movement.

The New York Times reports:

Federal prosecutors, seeking to build a case against the WikiLeaks leader Julian Assange for his role in a huge dissemination of classified government documents, are looking for evidence of any collusion in his early contacts with an Army intelligence analyst suspected of leaking the information.

Justice Department officials are trying to find out whether Mr. Assange encouraged or even helped the analyst, Pfc. Bradley Manning, to extract classified military and State Department files from a government computer system. If he did so, they believe they could charge him as a conspirator in the leak, not just as a passive recipient of the documents who then published them.

Among materials prosecutors are studying is an online chat log in which Private Manning is said to claim that he had been directly communicating with Mr. Assange using an encrypted Internet conferencing service as the soldier was downloading government files. Private Manning is also said to have claimed that Mr. Assange gave him access to a dedicated server for uploading some of them to WikiLeaks.

Glenn Greenwald writes:

Bradley Manning, the 22-year-old U.S. Army Private accused of leaking classified documents to WikiLeaks, has never been convicted of that crime, nor of any other crime. Despite that, he has been detained at the U.S. Marine brig in Quantico, Virginia for five months — and for two months before that in a military jail in Kuwait — under conditions that constitute cruel and inhumane treatment and, by the standards of many nations, even torture. Interviews with several people directly familiar with the conditions of Manning’s detention, ultimately including a Quantico brig official (Lt. Brian Villiard) who confirmed much of what they conveyed, establishes that the accused leaker is subjected to detention conditions likely to create long-term psychological injuries.

Since his arrest in May, Manning has been a model detainee, without any episodes of violence or disciplinary problems. He nonetheless was declared from the start to be a “Maximum Custody Detainee,” the highest and most repressive level of military detention, which then became the basis for the series of inhumane measures imposed on him.

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The killing spirit in America

“I don’t want to just end the war,” Barack Obama said in January 2008, “but I want to end the mindset that got us into war in the first place.”

That was a line which seduced many a progressive across America during the presidential campaign and it’s one reason so many now feel betrayed. Either Obama later had a change of heart, or he knew at the time that he was cynically making a vacuous statement for the sole purpose of hooking a slice of the electorate — one that might be sufficiently inspired to provide useful foot soldiers in his campaign.

Reflecting some of that sense of betrayal, David Bromwich writes:

It has lately become usual for right-wing columnists, bloggers, and jingo lawmakers to call for the assassination of people abroad whom we don’t like, or people who carry out functions that we don’t want to see performed. There was nothing like this in our popular commentary before 2003; but the callousness has grown more marked in the past year, and especially in the past six months. Why? A major factor was President Obama’s order of the assassination of an American citizen living in Yemen, the terrorist suspect Anwar al-Awlaki. This gave legal permission to a gangster shortcut Americans historically had been taught to shun. The cult of Predator-drone warfare generally has also played a part. But how did such remote-control killings pick up glamor and legitimacy? Here again, the president did some of the work. On May 1, at the White House Correspondents dinner, he made an unexpected joke: “Jonas Brothers are here tonight. Sasha and Malia are huge fans. But boys, don’t get any ideas. Two words: predator drones. You will never see it coming.” The line caught a laugh but it should have caused an intake of breath. A joke (it has been said) is an epigram on the death of a feeling. By turning the killings he orders into an occasion for stand-up comedy, the new president marked the death of a feeling that had seemed to differentiate him from George W. Bush. A change in the mood of a people may occur like a slip of the tongue. A word becomes a phrase, the phrase a sentence, and when enough speakers fall into the barbarous dialect, we forget that we ever talked differently.

I’m not sure about Bromwich’s claim that the turning point was 2003.

Relatively early in America’s expansionist history, the slogan, “Wanted: Dead or Alive,” positioned extra-judicial killing at the center of a conception of justice in which the gun was elevated to the status of a sacred instrument.

It should have come as no surprise a week after the September 11 attacks, that a cowboy in the White House would try shaping the American mindset into one necessary for war, by employing those words.

President Bush said yesterday that he wanted Osama bin Laden, the Saudi exile, “dead or alive” in some of the most bellicose language used by a White House occupant in recent years.

“I want justice,” he said after a meeting at the Pentagon, where 188 people were killed last Tuesday when an airliner crashed into the building. “And there’s an old poster out West that says, ‘Wanted: Dead or Alive.’ ”

He then seemed to temper his remarks by adding: “All I want and America wants is to see them brought to justice. That’s what we want.”

Almost nine years later, Obama’s Attorney General Eric Holder confirmed that the same mindset was still at work — in spite of the Democratic president’s campaign promise — and assured Congress that bin Laden “will never appear in an American courtroom.”

The clichéd phrase, “bring to justice,” even if it might seem to preclude the justice of extrajudicial killing, nevertheless connotes justice as the exercise of power — not the enactment of a legal process that should by definition have an unpredictable outcome.

Which brings us to the American wrath now being directed at Julian Assange. His “crime” — the fact that most Americans wouldn’t be able to say what crime he might have committed hasn’t dampened their desire to see him punished — has I believe less to do with national security or legal statutes than the simple fact that he and WikiLeaks have embarrassed America. How dare a scruffy Australian have the audacity to do that?

Imperial power has no humor and responds to the smallest affront with fierce indignation.

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US Air Force censors media access

The Wall Street Journal reports:

The U.S. Air Force is blocking its personnel from using work computers to view the websites of the New York Times and other major publications that have posted classified diplomatic cables, people familiar with the matter said.

Air Force users who try to view the websites of the New York Times, Britain’s Guardian, Spain’s El Pais, France’s Le Monde or German magazine Der Spiegel instead get a page that says, “ACCESS DENIED. Internet Usage is Logged & Monitored,” according to a screen shot reviewed by The Wall Street Journal. The notice warns that anyone who accesses unauthorized sites from military computers could be punished.

The Air Force said it had blocked more than 25 websites that contained the documents, originally obtained by the website WikiLeaks and published starting late last month, in order to keep classified material off unclassified computer systems.

Major Toni Tones, a spokeswoman for Air Force Space Command, wouldn’t name the websites but said they might include media sites. Removing such material after it ends up on a computer could require “unnecessary time and resources,” Major Tones said.

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Too much freedom in America

There’s too much freedom, a few constitutional amendments need tossing out and the government needs greater powers — this would seem to sum up the views of the majority of Americans… if the latest polling is reliable.

The American public is highly critical of the recent release of confidential U.S. diplomatic cables on the WikiLeaks Web site and would support the arrest of WikiLeaks founder Julian Assange by U.S. authorities, a new Washington Post-ABC News poll finds.

Most of those polled – 68 percent – say the WikiLeaks’ exposure of government documents about the State Department and U.S. diplomacy harms the public interest. Nearly as many – 59 percent – say the U.S. government should arrest Assange and charge him with a crime for releasing the diplomatic cables.

Assange was scheduled to appear in a London courtroom Tuesday to formally contest an extradition order on sexual assault charges in Sweden. U.S. federal authorities are reportedly investigating whether Assange could be charged with violating the Espionage Act by releasing the documents, but his potential extradition to Sweden could significantly complicate any U.S. attempt to quickly try him.

A generational gap was evident among those polled, with younger Americans raised in the Internet age expressing distinct views on the matter. Nearly a third of those ages 18 to 29 say the release of the U.S. diplomatic cables serves the public interest, double the proportion of those older than 50 saying so. When it comes to Assange, these younger adults are evenly split: Forty-five percent say he should be arrested by the United States; 46 percent say it is not a criminal matter. By contrast, those age 30 and older say he should be arrested by a whopping 37-point margin.

As always, the polling information is frustrating as much because of what it doesn’t show as by what it reveals. The answers to these follow-up questions might have helped clarify who was dumber — the pollsters or those being polled:
1. If you believe the release of the cables damaged the public interest, can you list the top five most damaging revelations?
2. If you believe the release of the cables damaged the public interest, can you explain whether you see any distinction between the interests of the American people and the interests of the US government?
3. If you would like to see Julian Assange arrested, can you explain what crime you think he committed?
4. If you think he committed a crime, do you believe that the same charges should be brought against the editors of the New York Times and other newspapers that published the cables?
5. The First Amendment protects freedom of speech and freedom of the press. Can you explain your understanding of these freedoms and do you believe that the US Constitution can be set aside whenever the government says that national security is at stake?

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Press freedom threatened by the Obama administration

Glenn Greenwald writes:

During the Bush era, I frequently wrote about escalating attacks by the U.S. Government on press freedoms. The Bush DOJ vowed to prosecute whistleblowers while steadfastly refusing to do the same for the high-level criminals they exposed. Alberto Gonzales openly threatened that the DOJ could prosecute editors and reporters of The New York Times for revealing the illegal NSA spying program. CIA Director Porter Goss vowed to subpoena journalists who publish classified information in order to compel them to disclose their sources or go to prison.

And, worst of all, Bush officials sought for the first time in American history to obtain an espionage conviction — under the Espionage Act of 1917 — against non-government-employees who had received and disseminated classified information. About that case — brought against two AIPAC officials who had passed classified information they received from a Pentagon official to the Government of Israel (the Pentagon official pled guilty) — I wrote about “the Bush Administration’s broader, unprecedented assault on a free press of which the AIPAC prosecution is but a part,” and argued that “the Bush Administration is seeking to criminalize the very act which defines what an investigative journalist does and has always done in America.” The Washington Post‘s Walter Pincus reported at the time, quoting a legal expert, that “administration officials ‘want this case as a precedent so they can have it in their arsenal’ and added: ‘This is a weapon that can be turned against the media’.” After a series of adverse judicial rulings against the Government, the DOJ finally abandoned that AIPAC prosecution.

Amazingly, the Obama administration is surpassing its predecessor when it comes to assaults on whistle-blowing and a free press. As Politico’s Josh Gerstein reported, “President Barack Obama’s Justice Department has taken a hard line against leakers. . . .’They’re going after this at every opportunity and with unmatched vigor,’ said Steven Aftergood of the Federation of American Scientists.” The New York Times similarly documented: “the Obama administration is proving more aggressive than the Bush administration in seeking to punish unauthorized leaks.” The Obama DOJ has launched nothing less than a full-on war against whistleblowers; its magnanimous “Look Forward, Not Backward” decree used to shield high-level Bush criminals from investigations is manifestly tossed to the side when it comes to those who reveal such criminality. And they even revitalized an abandoned Bush-era subpoena issued to The New York Times‘ James Risen, demanding that he disclose his source for an article in which he revealed an embarrassingly botched attempt to infiltrate and sabotage Iran’s nuclear program.

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Visa, Mastercard and PayPal help fund Israel’s illegal settlements

Crikey reports:

Visa, Mastercard and PayPal all enable donations to be made to US-registered groups funding illegal Israeli settlements in the West Bank in defiance of international law.

It appears at least one of the major credit cards also enables donations to an extremist Jewish group that has placed a bounty on the lives of Palestinians.

All three have in the last week ceased enabling donations to WikiLeaks. Neither Mastercard nor Visa have explained the basis for their decision to do so. PayPal has backed away from its initial claim that the US State Department told PayPal WikiLeaks had broken the law after the claim was discredited. This is the third occasion on which PayPal has suspended payment services for WikiLeaks.

Israel subsidises over 100 settlements in the West Bank in defiance of international law. Another 100+ are “illegal outposts” even under Israeli law. All benefit from extensive support from the United States, channelled through a range of Jewish and right-wing Christian bodies, all of which have charitable status under US law. The International Crisis Group’s report on settlements in July 2009 identified the important role played by US charities. Israeli newspaper Haaretz has investigated the strong support provided via US charities, and Israeli peace groups have also targeted the generous support provided via private donations from the US and Canada.

Credit card transactional systems play a key role in facilitating this support for illegal settlements.

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Australia does not see Iran as “rogue state”; fears Israel could trigger nuclear war

Australia’s The Age, reports

Australia’s intelligence agencies fear that Israel may launch military strikes against Iran and Tehran’s pursuit of nuclear capabilities could draw the US and Australia into a potential nuclear war in the Middle East.

Australia’s peak intelligence agency has also privately undercut the hardline stance towards Tehran of the US, Israeli and Australian governments, saying its nuclear program is intended to deter attack and it is a mistake to regard Iran as a rogue state.

The warnings about the dangers of nuclear conflict in the Middle East are given in a secret US embassy cable obtained by WikiLeaks and provided exclusively to The Age. They reflect views obtained by US intelligence liaison officers in Canberra from Australian intelligence agencies.

”The AIC’s [Australian intelligence community’s] leading concerns with respect to Iran’s nuclear ambitions centre on understanding the time frame of a possible weapons capability, and working with the United States to prevent Israel from independently launching unco-ordinated military strikes against Iran,” the US embassy in Canberra reported to Washington in March last year.

”They are immediately concerned that Iran’s pursuit of nuclear capabilities would lead to a conventional war – or even nuclear exchange – in the Middle East involving the United States that would draw Australia into a conflict.”

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America’s alliances with Central Asia’s despots

The Guardian reports:

The post-Soviet state of Uzbekistan is a nightmarish world of “rampant corruption”, organised crime, forced labour in the cotton fields, and torture, according to the leaked cables.

But the secret dispatches released by WikiLeaks reveal that the US tries to keep President Islam Karimov sweet because he allows a crucial US military supply line to run into Afghanistan, known as the northern distribution network (NDN).

Many dispatches focus on the behaviour of Karimov’s glamorous and highly controversial daughter Gulnara, who is bluntly described by them as “the single most hated person in the country”.

She allegedly bullied her way into gaining a slice of virtually every lucrative business in the central Asian state and is viewed, they say, as a “robber baron”. Granted diplomatic status by her father, Gulnara allegedly lives much of the time in Geneva, where her holding company, Zeromax, was registered at the time, or in Spain.

She also sings pop songs, designs jewellery and is listed as a professor at Tashkent’s University of World Economy and Diplomacy.

The British ambassador in Tashkent, Rupert Joy, was criticised by human rights groups in October when he helped boost Gulnara’s image by appearing with her on a fashion show platform.

Der Spiegel reports:

The US is anxious to broaden its influence in Central Asia — and limit that of Russia. The result, however, are questionable alliances with some of the strangest despots in the world.

The secret country assessment from the US Embassy in the Tajikistan capital of Dushanbe, prepared for General David Petraeus on Aug. 7, 2009 ahead of his visit later that month, described a country on the brink of ruin. Tajikistan, a country of 7.3 million people on the northern border of Afghanistan, is a dictatorship ruled by Emomali Rakhmon, a former collective farm boss and notorious drunkard. “Parliament acts as a rubber stamp, barely discussing important legislation such as the national budget,” the dispatch noted.

Some of the state’s revenues were from criminal sources: “Tajikistan is a major transit corridor for Southwest Asian heroin to Russia and Europe.” The country had “chronic problems with Uzbekistan,” its neighbor, and the impoverished former Soviet republic faced the prospect of civil war fomented by Islamists in the east of the country.
Nevertheless, Petraeus, at the time head of US Army Central Command, was urged to court Rakhmon. The US needed his help in Afghanistan. The US had other ambitious goals in the region as well. The US, in recent years, has serenaded several former Soviet republics in Central Asia — oil interests, counter-terrorism assistance and American influence in the region inform the approach. As a result, US diplomats have had to cozy up to a collection of decidedly shady characters.

In the case of Tajikistan, Petraeus’ task was clear: “Secure Rakhmon’s agreement to accept transit of lethal materials to Afghanistan through Tajikistan” — arms and ammunition for US troops. In return, the US could offer assistance in quelling the Islamists: “Assure Tajikistan of our support as it works to contain militants in the east of the country.”

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PEN International statement on WikiLeaks

International PEN, the worldwide association of writers, has released a statement in support of WikiLeaks:

PEN International champions the essential role played by freedom of expression in healthy societies and the rights of citizens to transparency, information and knowledge.

The Wikileaks issue marks a significant turning point in the evolution of the media and the sometimes conflicting principles of freedom of expression and privacy and security concerns. The culture of increasing secrecy in governments and the rise of new technology will inevitably lead to an increasing number of transparency issues of this sort. PEN International believes it is important to acknowledge that while the leaking of government documents is a crime under U.S laws, the publication of documents by Wikileaks is not a crime. Wikileaks is doing what the media has historically done, the only difference being that the documents have not been edited.

PEN International urges those voicing opinions regarding the Wikileaks debate to adopt a responsible tone, and not to play to the more extreme sections of society. In a world where journalists are regularly physically attacked, imprisoned and killed with impunity, calling for the death of a journalist is irresponsible and deplorable.

PEN International is also concerned by reports that some web sites, fearing repercussions, have stopped carrying Wikileaks, and that individuals, under threat of legal action, have been warned against reading information provided by the organization. PEN International condemns such acts and calls upon corporations and states to avoid breaches of the right to free expression. Governments cannot call for unlimited internet freedom in other parts of the world if they do not respect this freedom themselves.

The Wikileaks matter is a dynamic issue which we shall continue to monitor closely and on which we will refine our position as the situation requires. We welcome this debate and look forward to further discussion with the worldwide PEN membership.

WL Central adds this note:

The statement that “the documents have not been edited” is incorrect. All Cablegate documents published by WikiLeaks on its website have been redacted by the media partners. Please see this report by the Associated Press on the redaction process. Please also see our report on the redaction of the Afghanistan and Iraq war logs.

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The end of hypocrisy

Carne Ross has provided one of the most concise and cogent analyses of the impact of the WikiLeaks cables release and concludes that the challenge this event has thrown up can only be met with one solution: “that governments must close the divide between what they say, and what they do.”

A knee-jerk response to the prospect that diplomacy might not enjoy the confidentiality that it supposedly requires has been the assertion that this confidentiality is the basis of trust. Confidentiality, we are told, fosters candor. Behind closed doors, everyone becomes honest. Right.

On the contrary, what the cables actually reveal is what one might expect: that absent the political accountability that comes from publicly declaring ones objectives, confidentiality provides space for adventurism and for the promotion of policies that might be disowned if ever made public.

The cables reveal leaders across the Middle East — leaders all of whom have been blessed by the United States as “moderates” — whose overriding interest is the protection of their own autocratic power in the name of American-backed “regional stability.”

Even when it comes to candid assessments delivered by diplomats to their own government, such honesty often comes loaded with bias. Consider, for instance, this cable from Ambassador James Jeffrey while he served in Ankara. Referring to the foreign policy objectives outlined by Turkey’s foreign minister Ahmet Davutoglu representing the ruling AKP, Jeffrey writes sourly:

[T]he AKP’s constant harping on its unique understanding of the region, and outreach to populations over the heads of conservative, pro-US governments, have led to accusations of “neo-Ottomanism.” Rather than deny, Davutoglu has embraced this accusation. Himself the grandson of an Ottoman soldier who fought in Gaza, Davutoglu summed up the Davutoglu/AKP philosophy in an extraordinary speech in Sarajevo in late 2009 (REF A). His thesis: the Balkans, Caucasus, and Middle East were all better off when under Ottoman control or influence; peace and progress prevailed. Alas the region has been ravaged by division and war ever since. (He was too clever to explicitly blame all that on the imperialist western powers, but came close). However, now Turkey is back, ready to lead — or even unite. (Davutoglu: “We will re-establish this (Ottoman) Balkan”).

If Hillary Clinton did not rely on her ambassador’s confidential opinion but actually read Davutoglu’s speech, she might have come to a different conclusion.

The Turkish foreign minister said: “We want to have a new Balkan region, based on political dialogue, economic interdependency and cooperation, integration and cultural harmony and tolerance.”

The thrust of his argument was that the Balkans had thrived not by virtue of Ottoman rule per se, but because of the dynamism fostered by “multicultural coexistence.” Likewise, he portrayed contemporary Turkey’s strength as being multicultural: “Turkey is a small Balkan, a small Middle East, a small Caucasus. We have more Bosnians living in Turkey than in Bosnia, more Albanians living in Turkey than in Albania, more Chechens living in Turkey than in Chechnya, more Abkhazians living in Turkey than in Abkhazia, and we have Kurds, Arabs, Turks together.”

Is this the perspective of a man enthralled by a romanticized Ottoman golden age, or is Davutoglu offering a glimpse at the kind of multicultural future on which the region and the world surely depends?

But enough of my preamble — here’s what Ross writes:

It will take a long time, perhaps many years, for the full impact of the WikiLeaks disclosure of thousands of US diplomatic cables to become known. Make no mistake: this is an event of historic importance — for all governments, and not only the US.

As politicians of all sides bellow their condemnation of WikiLeaks, governments are with some desperation trying to pretend that it’s business as usual. But the truth is that something very dramatic in the world of diplomacy has just taken place, and thus indeed in the way that the world runs its business. History may now be dated pre- or post-WikiLeaks.

The mainstream press has as usual missed the story, with their obsession with Iran or Qaddafi’s voluptuous nurse or Karzai’s corruption — which, incidentally, is reported by US diplomats in excruciating detail. But this event carries a much deeper significance than merely the highly-embarrassing and in some cases dangerous revelations in the enormous trove of documents. No one, and neither the US State Department nor WikiLeaks, can say with any confidence whether the effects of this massive disclosure will be good or bad, for in truth no one can know. There will be many and long-lasting consequences. That is all that can be known with any certainty at this point.

The presumption that governments can conduct their business in secret with one another, out of sight of the populations they represent, died this week. Diplomats and officials around the world are slowly realizing that anything they say may now be one day published on the Internet. Governments are now frantically rushing to secure their data and hold it more tightly than ever, but the horse has bolted. If a government as technically sophisticated and well protected as the US can suffer a breach of this magnitude, no government is safe. Politicians can demand the prosecution of Julian Assange or — absurdly — that WikiLeaks be designated as a terrorist organization, but the bellows of anger are tacit admission that government’s monopoly on its own information is now a thing of the past.

Hillary Clinton has described the WikiLeaks disclosures as an attack on the “international community.” But in truth this is something else: an attack on the governments that make up the current international system of diplomacy. The deep-seated assumption, both among the public and political classes, that governments have business that they should conduct in secret with one another has been shattered. Pause, incidentally, to observe the politicians and commentators declaring the need for governments to operate in secrecy, when they don’t even know what government is keeping secret. From this day forward, it will be ever more difficult for governments to claim one thing, and do another. For in making such claims, they are making themselves vulnerable to WikiLeaks of their own.

Why? Because the most damaging thing about the WikiLeaks disclosures is not the fact that they happened (though this is bad enough for the US government) but the revelation, long suspected but now proven, of the yawning discrepancy between US words and actions in that most contested area, the Middle East. Cable after cable details the extraordinarily intimate and co-dependent relations between the US and various despotic and unpleasant Arab regimes. One Arab intelligence chief plots with American officials to target Iranian groups, or confront Hezbollah. Another undemocratic Arab leader invites US bombers to attack targets in his own territory. It is this discrepancy — between word and deed — that will keep the wind in WikiLeaks’ sails, and others like them, for long to come.

Governments around the world are this week telling each other that nothing has really changed and that if they restrict the circulation of those really sensitive telegrams and glue up all the USB slots in their computers, that this won’t happen to them. But it will. There will be more such revelations, not about the US (which so far has been the main target of WikiLeaks’ somewhat arbitrary attentions), but others — British, Chinese? — for the reality is that electronic data is formidably difficult to protect.

The reason is simple. In order to be effective as organizations, governments and foreign offices are required to circulate sensitive data, so that their officials and diplomats actually know what’s going on. One reason why the UN is ineffective as an organization is because nothing is secret there, and as a result no one circulates anything sensitive. Don’t buy the argument that the really important stuff is kept Top Secret and hasn’t been compromised. Even a cursory perusal of the WikiLeaks archive reveals cables that are the very meat and drink of diplomacy — what foreign leaders and governments really think, and what they really want in their relations with the US.

Governments are therefore confronted with an insoluble conundrum. If they restrict and protect the data, and perhaps even stop recording the most delicate information (as no doubt some diplomats are now considering), they will inevitably reduce their operational effectiveness. If they circulate the data widely, as the US did before WikiLeaks, they will risk compromise on this devastating scale.

There is in fact only one enduring solution to the WikiLeaks problem and this is perhaps the goal of WikiLeaks, though this is sometimes hard to discern. That is that governments must close the divide between what they say, and what they do. It is this divide that provokes WikiLeaks; it is this divide that will provide ample embarrassment for future leakers to exploit. The only way for governments to save their credibility is to end that divide and at last to do what they say, and vice versa, with the assumption that nothing they may do will remain secret for long. The implications of this shift are profound, and indeed historic.

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America: the panoptic shiver

At Open Democracy, Paul Rogers writes:

Among the most compelling nuggets of information contained in the batch of United States diplomatic documents released by WikiLeaks and published in leading international newspapers is the list of installations in more than fifty countries which the state department in Washington deems to be a US security concern.

Some of the locations seem obvious (major oil-and-gas processing-plants and pipeline terminuses, for example); but others are far harder to fit any evident national-security frame (such as an Australian pharmaceutical plant specialising in anti-snake-venom treatments, and cobalt-mines in the Democratic Republic of Congo).

But even the more unlikely sites are relevant to a country that sees itself as the world’s sole superpower with interests across the globe. The anti-snake-venom plant in Australia almost certainly has the expertise and equipment to make antidotes to other toxins, and this could be highly significant in the event of a biological-warfare threat.

The cobalt-mines around Kolwezi and Mutshatsha in the southern DRC extract the world’s most important deposits of cobalt ores, and ferro-alloys containing cobalt have the specific property of retaining their shape at very high temperatures. They are therefore much in demand for the guidance-vanes of missile-engines and other elements of modern weapons-systems.

The more surprising elements of the list as much as the expected ones thus illustrate the continued reach of the United States’s strategic and security ambitions. But they also reveal something more: its new vulnerabilities. The increased inter-state competition across much of the global south from China and other rising states is one, familiar, source of these; another and perhaps less visible source is the challenge posed by insurgent groups to these prime targets. Indeed, central Africa may be a good place to begin to track this superpower dilemma.

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WikiLeaks and the Espionage Act

WL Central reports:

Today, Jennifer Robinson, one of the lawyers for Julian Assange, told The Guardian that the US government may be about to press charges against Julian Assange under the Espionage Act. She said that the legal team had heard from “several different US lawyers rumours that an indictment was on its way or had happened already, but we don’t know”. Ms Robinson told ABC News that “Our position of course is that we don’t believe it (the Espionage Act) applies to Mr. Assange and that in any event he’s entitled to First Amendment protection as publisher of Wikileaks and any prosecution under the Espionage Act would in my view be unconstitutional and puts at risk all media organizations in the U.S.”

Rumours about the possibility of Julian Assange having been indicted by a grand jury, whose proceedings are secret, have been circulating for a while. The Christian Science Monitor had a few days ago quoted Stephen Vladeck, an expert in national security law at American University, who said that an empaneled grand jury could have already been considering the case. “We wouldn’t know what they’re doing until the whole thing is concluded,” he said. The Monitor also quoted CNN legal expert Jeffrey Toobin, who said “I would not be at all surprised if there was a sealed arrest warrant currently in existence.”

Prominent civil rights attorney Harvey A. Silverglate, who worked on the Pentagon Papers case, also raised the possibility in an interview with NECN, while also pointing out that prosecution would be extremely difficult, and for many reasons not in the interest of the United States government.

As we previously covered, the legal consensus appears to be that a prosecution under the Espionage Act would be both difficult and dangerous for the United States, notably with regards to First Amendment protections (also see: EFF, ACLU.)

The US Congressional Research Service published on December 6 a report titled “Criminal Prohibitions on the Publication of Classified Defense Information” [PDF]:

This report identifies some criminal statutes that may apply, but notes that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. Leaks of classified information to the press have only rarely been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications based on concerns about government censorship. To the extent that the investigation implicates any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions. (emphasis ours)

The report’s conclusion states: “Thus, although unlawful acquisition of information might be subject to criminal prosecution with few First Amendment implications, the publication of that information remains protected.”

A new poll finds that only 31% of Americans believe that the publication of secrets is protected by the First Amendment.

This implies that most Americans have unquestioningly swallowed the line that the boundaries that circumscribe freedom for the press are those defined by the US government. The government defines the terms of national security and the press must not challenge those definitions.

In other words, the press should have as much freedom as the government sees fit.

In other words, the press can enjoy the same amount of freedom that a well-trained dog enjoys once it has learned to never strain at its leash.

In other words, most of the Americans who say that America is at war in order to protect our freedom, see that freedom as being akin to the freedom of a domesticated animal.

We know how to bark, how to wag our tails and how to catch treats.

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