From the transcript of Bradley Manning’s statement (compiled by Alexa O’Brien) which he read to the court in Fort Meade, Maryland on Thursday: During the mid-February 2010 time frame the 2nd Brigade Combat Team, 10th Mountain Division targeting analysts, then Specialist Jihrleah W. Showman discussed a video that Ms. Showman had found on the ‘T’ drive.
The video depicted several individuals being engaged by an aerial weapons team. At first I did not consider the video very special, as I have viewed countless other war porn type videos depicting combat. However, the recording of audio comments by the aerial weapons team crew and the second engagement in the video of an unarmed bongo truck troubled me.
As Showman and a few other analysts and officers in the T-SCIF [Temporary Sensitive Compartmented Information Facility] commented on the video and debated whether the crew violated the rules of engagement or ROE in the second engagement, I shied away from this debate, instead conducting some research on the event. I wanted to learn what happened and whether there was any background to the events of the day that the event occurred, 12 July 2007.
Using Google I searched for the event by its date by its general location. I found several new accounts involving two Reuters employees who were killed during the aerial weapon team engagement. Another story explained that Reuters had requested for a copy of the video under the Freedom of Information Act or FOIA. Reuters wanted to view the video in order to understand what had happened and to improve their safety practices in combat zones. A spokesperson for Reuters was quoted saying that the video might help avoid the reoccurrence of the tragedy and believed there was a compelling need for the immediate release of the video.
Despite the submission of the FOIA request, the news account explained that CENTCOM replied to Reuters stating that they could not give a time frame for considering a FOIA request and that the video might no longer exist. Another story I found written a year later said that even though Reuters was still pursuing their request. They still did not receive a formal response or written determination in accordance with FOIA.
The fact neither CENTCOM or Multi National Forces Iraq or MNF-I would not voluntarily release the video troubled me further. It was clear to me that the event happened because the aerial weapons team mistakenly identified Reuters employees as a potential threat and that the people in the bongo truck were merely attempting to assist the wounded. The people in the van were not a threat but merely ‘good samaritans’. The most alarming aspect of the video to me, however, was the seemly delightful bloodlust they appeared to have.
The dehumanized the individuals they were engaging and seemed to not value human life by referring to them as quote “dead bastards” unquote and congratulating each other on the ability to kill in large numbers. At one point in the video there is an individual on the ground attempting to crawl to safety. The individual is seriously wounded. Instead of calling for medical attention to the location, one of the aerial weapons team crew members verbally asks for the wounded person to pick up a weapon so that he can have a reason to engage. For me, this seems similar to a child torturing ants with a magnifying glass.
While saddened by the aerial weapons team crew’s lack of concern about human life, I was disturbed by the response of the discovery of injured children at the scene. In the video, you can see that the bongo truck driving up to assist the wounded individual. In response the aerial weapons team crew– as soon as the individuals are a threat, they repeatedly request for authorization to fire on the bongo truck and once granted they engage the vehicle at least six times.
Shortly after the second engagement, a mechanized infantry unit arrives at the scene. Within minutes, the aerial weapons team crew learns that children were in the van and despite the injuries the crew exhibits no remorse. Instead, they downplay the significance of their actions, saying quote ‘Well, it’s their fault for bringing their kid’s into a battle’ unquote.
The aerial weapons team crew members sound like they lack sympathy for the children or the parents. Later in a particularly disturbing manner, the aerial weapons team verbalizes enjoyment at the sight of one of the ground vehicles driving over a body– or one of the bodies. As I continued my research, I found an article discussing the book, The Good Soldiers, written by Washington Post writer David Finkel.
In Mr. Finkel book, he writes about the aerial weapons team attack. As, I read an online excerpt in Google Books, I followed Mr. Finkel’s account of the event belonging to the video. I quickly realize that Mr. Finkel was quoting, I feel in verbatim, the audio communications of the aerial weapons team crew.
It is clear to me that Mr. Finkel obtained access and a copy of the video during his tenue as an embedded journalist. I was aghast at Mr. Finkel’s portrayal of the incident. Reading his account, one would believe the engagement was somehow justified as ‘payback’ for an earlier attack that lead to the death of a soldier. Mr. Finkel ends his account by discussing how a soldier finds an individual still alive from the attack. He writes that the soldier finds him and sees him gesture with his two forefingers together, a common method in the Middle East to communicate that they are friendly. However, instead of assisting him, the soldier makes an obscene gesture extending his middle finger.
The individual apparently dies shortly thereafter. Reading this, I can only think of how this person was simply trying to help others, and then he quickly finds he needs help as well. To make matter worse, in the last moments of his life, he continues to express his friendly gesture– only to find himself receiving this well known gesture of unfriendliness. For me it’s all a big mess, and I am left wondering what these things mean, and how it all fits together. It burdens me emotionally.
I saved a copy of the video on my workstation. I searched for and found the rules of engagement, the rules of engagement annexes, and a flow chart from the 2007 time period– as well as an unclassified Rules of Engagement smart card from 2006. On 15 February 2010 I burned these documents onto a CD-RW, the same time I burned the 10 Reykjavik 13 cable onto a CD-RW. At the time, I placed the video and rules for engagement information onto my personal laptop in my CHU [Containerized Housing Unit]. I planned to keep this information there until I redeployed in Summer 2010. I planned on providing this to the Reuters office in London to assist them in preventing events such as this in the future.
However, after the WLO [Wikileaks Organization] published 10 Reykjavik 13 I altered my plans. I decided to provide the video and the rules of engagement to them so that Reuters would have this information before I re-deployed from Iraq. On about 21 February 2010, I described above, I used the WLO submission form and uploaded the documents. The WLO released the video on 5 April 2010. After the release, I was concern about the impact of the video and how it would been received by the general public.
I hoped that the public would be as alarmed as me about the conduct of the aerial weapons team crew members. I wanted the American public to know that not everyone in Iraq and Afghanistan are targets that needed to be neutralized, but rather people who were struggling to live in the pressure cooker environment of what we call asymmetric warfare. After the release I was encouraged by the response in the media and general public, who observed the aerial weapons team video. As I hoped, others were just as troubled– if not more troubled that me by what they saw.
At this time, I began seeing reports claiming that the Department of Defense an CENTCOM could not confirm the authenticity of the video. Additionally, one of my supervisors, Captain Casey Fulton, stated her belief that the video was not authentic. In her response, I decided to ensure that the authenticity of the video would not be questioned in the future. On 25 February 2010, I emailed Captain Fulton, a link to the video that was on our ‘T’ drive, and a copy of the video published by WLO that was collected by the open source center, so she could compare them herself.
Around this time frame, I burned a second CD-RW containing the aerial weapons team video. In order to made it appear authentic, I placed a classification sticker and wrote Reuters FOIA REQ on its face. I placed the CD-RW in one of my personal CD cases containing a set of ‘Starting Out in Arabic CD’s.’ I planned on mailing out the CD-RW to Reuters after our re-deployment, so they could have a copy that was unquestionably authentic.
Almost immediately after submitting the aerial weapons team video and rules of engagement documents I notified the individuals in the WLO IRC [Instand Relay Chat] to expect an important submission. I received a response from an individual going by the handle of ‘ox’– at first our conversations were general in nature, but over time as our conversations progressed, I accessed this individual to be an important part of the WLO.
Due to the strict adherence of anonymity by the WLO, we never exchanged identifying information. However, I believe the individual was likely Mr. Julian Assange [he pronounced it with three syllables], Mr. Daniel Schmidt, or a proxy representative of Mr. Assange and Schmidt.
As the communications transfered from IRC to the Jabber client, I gave ‘ox’ and later ‘pressassociation’ the name of Nathaniel Frank in my address book, after the author of a book I read in 2009.
After a period of time, I developed what I felt was a friendly relationship with Nathaniel. Our mutual interest in information technology and politics made our conversations enjoyable. We engaged in conversation often. Sometimes as long as an hour or more. I often looked forward to my conversations with Nathaniel after work.
The anonymity that was provided by TOR and the Jabber client and the WLO’s policy allowed me to feel I could just be myself, free of the concerns of social labeling and perceptions that are often placed upon me in real life. In real life, I lacked a closed friendship with the people I worked with in my section, the S2 section.
In my section, the S2 section supported battalions and the 2nd Brigade Combat Team as a whole. For instance, I lacked close ties with my roommate to his discomfort regarding my perceived sexual orientation. Over the next few months, I stayed in frequent contact with Nathaniel. We conversed on nearly a daily basis and I felt that we were developing a friendship.
Conversations covered many topics and I enjoyed the ability to talk about pretty much everything, and not just the publications that the WLO was working on. In retrospect that these dynamics were artificial and were valued more by myself than Nathaniel. For me these conversations represented an opportunity to escape from the immense pressures and anxiety that I experienced and built up through out the deployment. It seems that as I tried harder to fit in at work, the more I seemed to alienate my peers and lose respect, trust, and support I needed.
Category Archives: WikiLeaks
Bradley Manning says U.S. ‘obsessed with killing’ opponents
The Los Angeles Times reports: Army Pfc. Bradley Manning pleaded guilty Thursday to ten charges that he illegally acquired and transferred highly classified U.S. materials later published by WikiLeaks, saying he was motivated by a U.S foreign policy that “became obsessed with killing and capturing people rather than cooperating” with other governments.
“I felt we were risking so much for people who seemed unwilling to cooperate with us due to the mistrust and hatred on both sides,” Manning said, reading a 35-page, hand-written statement describing his angst over the wars in Iraq and Afghanistan.
“I began to become depressed with the situation we had become mired in year after year,” he added.
In a plea arrangement with military prosecutors, Manning agreed to serve a 20-year prison sentence in exchange for pleading guilty to ten lesser charges. But he also pleaded not guilty to 12 more serious criminal charges, including espionage, and will face a court-martial in June. If convicted, he could face a life sentence.
Manning, now 25, was posted as a low-level intelligence analyst at a base outside Baghdad until his arrest three years ago.
He said was angered at one point when 15 Iraqis were arrested as protesters, yet none were known terrorists or involved in anti-government activities. When he complained to his superiors, he said, “no one wanted to do anything about it.”
Manning said he eagerly logged into WikiLeaks’ chat rooms and submitted material to the organization because he was impressed with their efforts to expose inner workings of U.S. military and diplomatic operations.
“I routinely monitored their website,” he said. “It helped me pass the time and keep motivated throughout my deployment.”
Group aims to be a conduit for WikiLeaks donations
The New York Times reports: A group advocating a more transparent government has formed a nonprofit organization called the Freedom of the Press Foundation to serve as a conduit for donations to organizations like WikiLeaks. The goal is to insulate those groups’ fund-raising efforts from political and business pressures.
In December 2010, Visa, MasterCard and PayPal announced that they would no longer accept transactions for WikiLeaks, the online leak group that released thousands of secret documents from the American government. The move to cut off donations, which came after vocal protests against the organization’s activities from members of Congress, eliminated the vast majority of financing for WikiLeaks.
Board members of the Freedom of the Press Foundation include Daniel Ellsberg, the whistle-blower who disclosed the Pentagon Papers; Glenn Greenwald, a journalist who writes about civil liberties for The Guardian; John Perry Barlow, a co-founder of the Electronic Frontier Foundation; Xeni Jardin of the Web site Boing Boing; and John Cusack, an actor who has been a vocal opponent of government secrecy. [Continue reading…]
Bradley Manning lawyer: soldier’s treatment a blemish on nation’s history
The Guardian reports: David Coombs, the civilian lawyer representing Bradley Manning at his court martial for supplying WikiLeaks with a trove of US state secrets, has described the soldier’s treatment in solitary confinement at Quantico marine base as criminal and a blot on the nation’s history.
Making rare comments outside the courtroom, Coombs addressed an audience of Bradley Manning supporters in a Unitarian church in Washington on Monday night and lashed out at the military hierarchy for allowing the intelligence analyst to be subjected to nine months of harsh suicide prevention regime against the advice of doctors. “Brad’s treatment at Quantico will forever be etched into our nation’s history as a disgraceful moment in time,” he said.
“Not only was it stupid and counter-productive, it was criminal. An entire group of individuals, who I have no doubt were honourable, chose to turn a blind eye to how he was being treated … They cared about something more: the media impact.” [Continue reading…]
Video: Bradley Manning testifies about his torture; was it aimed at turning him on Assange?
Bradley Manning deserves Americans’ support for military whistleblowing
Desmond Tutu, Mairead Corrigan-Maguire and Adolfo Pérez Esquivel write: Last week, PFC Bradley Manning offered to accept responsibility for releasing classified documents as an act of conscience – not as charged by the US military. As people who have worked for decades against the increased militarization of societies and for international cooperation to end war, we have been deeply dismayed by his treatment. The military under the Obama administration has displayed a desire to over-prosecute whistleblowing with life-in-prison charges including espionage and “aiding the enemy”, a disturbing decision which is no doubt intended to set an example.
We have dedicated our lives to working for peace because we have seen many faces of armed conflict and violence, and we understand that no matter the cause of war, civilians always bear the brunt of the cost. With today’s advanced military technology and the continued ability of business and political elites to filter what information is made public, there exists a great barrier to many citizens being fully aware of the realities and consequences of conflicts in which their country is engaged.
Responsible governance requires fully informed citizens who can question their leadership. For those citizens worldwide who do not have direct, intimate knowledge of war, yet are still affected by rising international tensions and failing economies, WikiLeaks releases attributed to Bradley Manning have provided unparalleled access to important facts.
Revealing covert crimes in Iraq and Afghanistan and corporations’ pervasive influence in governance, this window into the realities of modern international relations has changed the world for the better. While some of these documents may demonstrate how much work lies ahead in terms of securing international peace and justice, they also highlight the potential of the internet as a forum for citizens to participate more directly in civic discussion and creative government accountability projects. [Continue reading…]
Rafael Correa hits back over Ecuador’s press freedom and charge of hypocrisy
The Guardian reports: The president of Ecuador, Rafael Correa, has hit back at critics who accuse him of hypocrisy for granting asylum to Julian Assange while launching lawsuits and verbal attacks on his country’s own media.
In an interview with the Guardian, Correa defended his approach towards free speech, saying it was necessary to rein in private newspaper, radio and TV owners who had enjoyed too much power for too long, and comparing his campaign to the investigations into Rupert Murdoch’s newspapers in the UK.
“We won’t tolerate abuses and crimes made every day in the name of freedom of speech. That is freedom of extortion and blackmail,” he said in response to concerns about recent crackdowns on private news organisations.
Days before the Ecuadorean government granted asylum to the WikiLeaks founder and promoted itself as a guardian of freedom of expression, riot police in Quito raided the offices of one of the country’s leading magazines, Vanguardia. They confiscated journalists’ computers and prevented publication for a week, ostensibly as a punishment for labour law violations.
It was the second time in less than two years that Vanguardia had been raided. Its journalists are also getting death threats after being denounced by the president during his weekly TV show, and the magazine’s editorial director was recently sued by Correa for $10m in “moral damages” for suggesting the president knew his brother was making millions of dollars from state contracts.
After a public outcry, the president withdrew one suit and issued a pardon in the other, but he defended his right to take such action: “Do we have an unwritten law that we can’t sue a journalist? Since when? So nobody should sue Murdoch and his partners in crime in Britain?”
The editorial director of Vanguardia, Juan Carlos Calderón, had earlier told the Guardian he was being targeted for criticising the administration, and accused Correa of double standards. “The government said it has granted asylum to Assange because he is politically persecuted for defending freedom of expression. But the same thing happens to us,” he said. “This is not a country with the free press described by Correa.”
He is not alone. The domestic press watchdog Fundamedios describes the situation in Ecuador as a low-intensity war on journalists that appears to be escalating. Last year, it recorded 151 cases of physical aggression against reporters, up from 101 in 2009. It says this increase is largely the result of the constant abuse directed at journalists by Correa during his weekly TV broadcast, which is carried by almost every channel.
It also notes that 17 radio stations have been shut down this year for transgressing regulations and that the government has recently issued new rules that will oblige internet service providers to provide the IP addresses of their users to the authorities, even without a court order.
“There is a huge gap between what Correa says about press freedom and reality,” said César Ricaurte, head of Fundamedios. “If Assange were Ecuadorean, I dare say he would already be in jail.” International free press campaigners, including the Committee to Protect Journalists (CPJ) and Reporters Without Borders, have also accused Correa of trying to discredit and intimidate critics.
Correa said such judgments were misguided. “The Ecuadorean and Latin American press is not like the European or North American press, which has some professional ethics. They are used to being above the law, to blackmail, to extort. I am sorry about good people on an international level who defend this kind of press.”
He denied that radio station closures were politically motivated, saying some were simply music channels that failed to conform to broadcasting rules. This will open up space for more public channels.
An insight into Correa’s strategy was given by his chief communications adviser, Fernando Alvarado who described the media as “weeds that need to be cleaned” and replaced by flowers (public and community media outlets) in a recent interview with the Mexican publication Gatopardo.Since Correa – a US-educated economist who describes himself as a moderate leftist – came to power in 2007, there has been a wider range of state and private ownership of newspapers and TV stations. There is more scope for critical non-governmental organisations and greater access to senior officials. The interviews given by Correa on Thursday were carefully staged in terms of lighting and camera work, but unscripted.
Media watchers said Correa’s approach -– particularly in his weekly live broadcasts – was as confrontational as that adopted by Hugo Chávez in Venezuela, but less destructive. “In some regards, it is like Chávez. But Chávez went too far. Though there is confrontation here, no TV stations have been closed, which was the case in Venezuela,” said Maurice Cerbino, a professor at Andina Simon Bolivar University. The confrontation, he said, was understandable given the previous situation in Ecuador in which the private media colluded with the government. [Continue reading…]
WikiLeaks and free speech
Michael Moore and Oliver Stone write: We have spent our careers as filmmakers making the case that the news media in the United States often fail to inform Americans about the uglier actions of our own government. We therefore have been deeply grateful for the accomplishments of WikiLeaks, and applaud Ecuador’s decision to grant diplomatic asylum to its founder, Julian Assange, who is now living in the Ecuadorean Embassy in London.
Ecuador has acted in accordance with important principles of international human rights. Indeed, nothing could demonstrate the appropriateness of Ecuador’s action more than the British government’s threat to violate a sacrosanct principle of diplomatic relations and invade the embassy to arrest Mr. Assange.
Since WikiLeaks’ founding, it has revealed the “Collateral Murder” footage that shows the seemingly indiscriminate killing of Baghdad civilians by a United States Apache attack helicopter; further fine-grained detail about the true face of the Iraq and Afghanistan wars; United States collusion with Yemen’s dictatorship to conceal our responsibility for bombing strikes there; the Obama administration’s pressure on other nations not to prosecute Bush-era officials for torture; and much more.
Predictably, the response from those who would prefer that Americans remain in the dark has been ferocious. Top elected leaders from both parties have called Mr. Assange a “high-tech terrorist.” And Senator Dianne Feinstein, the California Democrat who leads the Senate Select Committee on Intelligence, has demanded that he be prosecuted under the Espionage Act. Most Americans, Britons and Swedes are unaware that Sweden has not formally charged Mr. Assange with any crime. Rather, it has issued a warrant for his arrest to question him about allegations of sexual assault in 2010.
All such allegations must be thoroughly investigated before Mr. Assange moves to a country that might put him beyond the reach of the Swedish justice system. But it is the British and Swedish governments that stand in the way of an investigation, not Mr. Assange. [Continue reading…]
Video: Assange calls on U.S. to end its ‘witch hunt’ of WikiLeaks
Video: The curious case of Julian Assange
After this, Julian Assange has very few friends left in Sweden
Karin Olsson writes: Julian Assange’s circus has pulled off another breathtaking stunt: he has won political asylum in Ecuador. Assange’s flight from Sweden, a decent democracy with a largely excellent justice system, takes ever more absurd forms. After the decision of Ecuador’s foreign minister, Ricardo Patiño, the Swedish Twitterverse filled with mocking jokes.
Assange has few fans left here. On the contrary, his unholy alliance with Ecuador’s political leadership casts a shadow over what was, despite everything, his real achievement: to reveal shattering news through the revolutionary medium of WikiLeaks.
Patiño praised Assange as a fighter for free expression, and explained that they had to protect his human rights. But Ecuador is a country with a dreadful record when it comes to freedom of expression and of the press. Inconvenient journalists are put on trial. Private media companies may not operate freely.
President Rafael Correa is patently unable to tolerate any truths that he does not own. Reporters Without Borders has strongly and often criticised the way that media freedoms are limited in Ecuador. Assange is a plaything for the president’s megalomania. [Continue reading…]
Assange is still stuck
The retired British ambassador, Oliver Miles, addresses some of the speculation on whether Julian Assange will be able to leave the Ecuadorian embassy in London now that he has been offered political asylum.
Jeremy Harding quotes someone talking of Assange being ‘set on a rapid path to Ecuadorian citizenship and finally awarded a minor consular position, which gets him from the steps of the embassy to a boarding gate at Heathrow under diplomatic immunity’. That won’t wash: you don’t get diplomatic immunity in Britain until your name has been notified by your government and accepted by the FCO [Foreign and Commonwealth Office], which can refuse without giving reasons.
When Assange went into the Ecuadorian Embassy I assumed that the FCO would ask the Ecuadorians either to hand him over or let the British police go in and get him. Not to do so would send a message to every crook in London: find an ambassador, pay him off, and you have free passage to the Costa del Crime.
If the Ecuadorians said no, the British government would be under no international diplomatic obligation to take the matter further, but if they did not do so they could not fulfil their obligation under British and European law to extradite Assange to Sweden. I would assume that they would assess their options, up to and including expelling the ambassador, considering ways to get the Ecuadorians to change their position, and taking into account other British interests that might be at risk. Timing is always important, and in this case it seems that the British government need be in no particular hurry.
Britain’s foreign secretary, William Hague, says:
We will not allow Mr Assange safe passage out of the United Kingdom, nor is there any legal basis for us to do so. The United Kingdom does not recognise the principle of diplomatic asylum.
It is far from a universally accepted concept: the United Kingdom is not a party to any legal instruments which require us to recognise the grant of diplomatic asylum by a foreign embassy in this country.
Moreover, it is well established that, even for those countries which do recognise diplomatic asylum, it should not be used for the purposes of escaping the regular processes of the courts. And in this case that is clearly what is happening.
Julian Assange asylum: Ecuador is right to stand up to the U.S.
Mark Weisbrot writes: Ecuador has now made its decision: to grant political asylum to Julian Assange. This comes in the wake of an incident that should dispel remaining doubts about the motives behind the UK/Swedish attempts to extradite WikiLeaks founder Julian Assange. On Wednesday, the UK government made an unprecedented threat to invade Ecuador’s embassy if Assange is not handed over. Such an assault would be so extreme in violating international law and diplomatic conventions that it is difficult to even find an example of a democratic government even making such a threat, let alone carrying it out.
When Ecuadorian foreign minister Ricardo Patiño, in an angry and defiant response, released the written threats to the public, the UK government tried to backtrack and say it wasn’t a threat to invade the embassy (which is another country’s sovereign territory). But what else can we possibly make of this wording from a letter delivered by a British official?
“You need to be aware that there is a legal base in the UK, the Diplomatic and Consular Premises Act 1987, that would allow us to take actions in order to arrest Mr Assange in the current premises of the embassy. We sincerely hope that we do not reach that point, but if you are not capable of resolving this matter of Mr Assange’s presence in your premises, this is an open option for us.”
Is there anyone in their right mind who believes that the UK government would make such an unprecedented threat if this were just about an ordinary foreign citizen wanted for questioning – not criminal charges or a trial – by a foreign government?
Ecuador’s decision to grant political asylum to Assange was both predictable and reasonable. But it is also a ground-breaking case that has considerable historic significance.
First, the merits of the case: Assange clearly has a well-founded fear of persecution if he were to be extradited to Sweden. It is pretty much acknowledged that he would be immediately thrown in jail. Since he is not charged with any crime, and the Swedish government has no legitimate reason to bring him to Sweden, this by itself is a form of persecution. [Continue reading…]
I would add this one speculative note: that the British government did not act on its own initiative in making its outrageous threat to storm the Ecuadorian embassy. It was surely acting under pressure from the U.S. — pressure that led the British, as they so often do, to surrender their better judgement if by doing so they might hope to please Washington. Why this obsequious relationship still endures, heaven only knows.
Julian Assange’s fate in balance as UK ‘threatens to storm embassy’
The Guardian reports: The diplomatic and political minefield that is the fate of Julian Assange is expected to come a step closer to being traversed when Ecuador’s president, Rafael Correa, gives his decision on whether his country will grant the WikiLeaks’ founder asylum around lunchtime on Thursday.
The decision – if it comes – will mark the end of a turbulent process that on Wednesday night saw Ecuador’s foreign minister, Ricardo Patiño, raging against perceived threats from Britain to “storm” the embassy and warning that such a “dangerous precedent” would be met with “appropriate responses in accordance with international law”.
The dramatic development came two months after Assange suddenly walked into the embassy in a bid to avoid being extradited to Sweden, where he faces allegations of sexual assault.
At a press conference on Wednesday, Patiño released details of a letter he said was delivered through a British embassy official in Quito, the capital of the South American country.
The letter said: “You need to be aware that there is a legal base in the UK, the Diplomatic and Consular Premises Act 1987, that would allow us to take actions in order to arrest Mr Assange in the current premises of the embassy.”
It added: “We need to reiterate that we consider the continued use of the diplomatic premises in this way incompatible with the Vienna convention and unsustainable and we have made clear the serious implications that this has for our diplomatic relations.”
On Wednesday night appeals were tweeted for Assange supporters to occupy the embassy to prevent British police from arresting him, and while there was a police presence outside the embassy, Scotland Yard insisted that officers were simply there to “police the embassy like any other embassy”.
Patiño said he was “deeply shocked” by the diplomatic letter. Speaking to reporters later, he said: “The government of Ecuador is considering a request for asylum and has carried out diplomatic talks with the governments of the United Kingdom and Sweden. However, today we received from the United Kingdom a written threat that they could attack our embassy in London if Ecuador does not give up Julian Assange.
“Ecuador, as a state that respects rights and justice and is a democratic and peaceful nation state, rejects in the strongest possible terms the explicit threat of the British official communication.
“This is unbecoming of a democratic, civilised and law-abiding state. If this conduct persists, Ecuador will take appropriate responses in accordance with international law.
“If the measures announced in the British official communication materialise they will be interpreted by Ecuador as a hostile and intolerable act and also as an attack on our sovereignty, which would require us to respond with greater diplomatic force.
“Such actions would be a blatant disregard of the Vienna convention on diplomatic relations and of the rules of international law of the past four centuries.
“It would be a dangerous precedent because it would open the door to the violation of embassies as a declared sovereign space.” Under international law, diplomatic posts are considered the territory of the foreign nation. [Continue reading…]
Julian Assange is right to fear U.S. prosecution
Michael Ratner writes: As the drama unfolds over Julian Assange’s bid for political asylum in Ecuador, a troubling irony has emerged: the besieged founder of WikiLeaks is seeking refuge in this small Andean nation because he fears persecution from the United States, a nation whose laws famously grant asylum to people in precisely Assange’s situation. Indeed, the US has demonstrated its commitment to be a safe haven for those being persecuted for their political beliefs by recognising that journalists punished for expressing political opinions in places like China meet the criteria for asylum under the US’s own laws.
The journalistic function and legacy of WikiLeaks cannot be disputed. The site has published 251,287 leaked US diplomatic cables and military documents that revealed the inner workings – warts and all – of US foreign policy. These publications illuminated state-sponsored human rights abuses in Iraq and Afghanistan, exposed a secret war in Yemen, and revealed the Obama administration’s interference with independent efforts to prosecute Bush officials for torture and other war crimes.
So why is Assange so concerned? Are his fears of persecution due to his political beliefs and expression reasonable?
US officials scoff at the idea that the Obama administration even seeks Assange’s extradition – “It’s not something the US cares about, it’s not interested in … there’s nothing to it,” said Jeffrey Bleich, the US ambassador to Australia. This is a remarkable claim given several unambiguous signs that the US is on track to prosecute Assange for his work as a journalist. A grand jury in Alexandria, Virginia, empanelled to investigate violations of the Espionage Act – a statute that by its very nature targets speech – has subpoenaed Twitter feeds regarding Assange and WikiLeaks. An FBI agent, testifying at whistleblower Bradley Manning’s trial, said that “founders, owners and managers” of WikiLeaks are being investigated. And then there is Assange’s 42,135-page FBI file – a compilation of curious heft if the government is “not interested” in investigating its subject.
In this context, Assange’s fears of extradition to and persecution in the US, and therefore his plea for asylum, are eminently reasonable. [Continue reading…]
WikiLeaks: The Latin America files
Peter Kornbluh writes: On June 19, WikiLeaks founder Julian Assange slipped into the Ecuadorean Embassy in London, seeking sanctuary and asylum from extradition to Sweden for questioning on alleged sexual misconduct. If and when the government of Rafael Correa grants his request—a decision that had yet to be made as The Nation went to press — Assange will become a resident of Latin America, where the trove of US State Department cables he strategically disseminated has generated hundreds of headlines, from Mexico to the Southern Cone.
“Cablegate,” as the revelations have come to be known, has had a different degree of impact in each Latin American nation — on politics, the media, and the public debate over transparency and government accountability. In two countries it led to the forced departure of the US ambassador; in another it helped change the course of a presidential election. In some countries, the documents revealed the level of US influence in domestic affairs; in others they detailed criminal activities and corruption within a number of host governments. In many nations, the cables disclosed the parade of local political, cultural and even media elites who lined up to divulge information — or gossip — to US Embassy officers, never suspecting that their discussions would become front-page news.
Collectively, the Americas have been treated to a mega– civics lesson in globalized whistleblowing. And US citizens have also peered into the foreign policy abyss of our bilateral and regional ties. A year after the diplomatic dust has settled on the WikiLeaks phenomenon in Latin America, it seems appropriate to assess — drawing attention to the experiences of Brazil, Mexico and Colombia — what the biggest leak of US documents in history has left in its wake. [Continue reading…]
i could’ve sold to russia or china
Jeremy Harding reviews The Passion of Bradley Manning: The Story of the Suspect Behind the Largest Security Breach in US History by Chase Madar: What was troubling Julian Assange when he made a dash for friendly extra-territorial space? His detractors argue that it’s the usual story, to do with his propensity to see himself as the centre of the universe, and the target of an improbable plot to lock him up in the US and throw away the key. That last honour has already been bestowed on Bradley Manning. In the leaker, surely, the Americans have their man: why bother with his celebrity publisher? Outside the Ecuadorian Embassy in Hans Crescent, round the back of Harrods, a thin but emblematic presence is maintained by his supporters. While I was there earlier this month a French woman was squatting on the pavement, hunched over a placard, shading in the letters of a message that she later tied to one of the crowd barriers. It read, very roughly: Thank you, Assange, for giving us a history of the vanquished. She was thinking of something by Brecht, she said, or possibly Walter Benjamin. An older, more eccentric figure assured me that Assange had sneaked away from the embassy the week before through a tunnel under Harrods: the store’s security guards had just let her in on the secret. A third insisted there was only one way out of Hans Crescent for the man who’d already left by al-Fayed’s drains: first Rafael Correa’s government grants asylum, then Assange is set on a rapid path to Ecuadorian citizenship and finally awarded a minor consular position, which gets him from the steps of the embassy to a boarding gate at Heathrow under diplomatic immunity.
On a recent visit to Queensland – Assange’s home state – the US ambassador in Australia said the US could have him extradited as easily from Britain as from Sweden, only they weren’t bothered. Bob Carr, the Australian foreign minister, is equally relaxed: the reluctance of the US to extract Assange from the UK, he’s said, is proof of its dying enthusiasm for the chase. Carr can always be relied on to stick to the script, but the idea that the US could get Assange from the UK as easily as Sweden has to be tested not simply against the views of Assange’s lawyers and helpmates, but those of John Bellinger, for example, a former legal counsel for the State Department, who told AP television news in 2010 that bringing charges against Assange while he was still in the UK would put a loyal ally on the spot by generating a rival extradition request. Better for the US to sit it out: ‘We could potentially wait to see if he is prosecuted in Sweden and then … ask the Swedes to extradite him here.’ Assange’s people add that, unlike the British, the Swedes have an extradition treaty with the US which allows for ‘temporary surrender’ of suspects wanted for serious crimes, even if they are also charged in Sweden. This arrangement ought to be called the ‘Panama track’, after a 2008 diplomatic cable from the US Embassy in Panama City to Washington – courtesy of WikiLeaks – which sets out the advantages clearly:
Under this procedure, the suspect is ‘lent’ to the US for prosecution on the condition that they will be returned for prosecution in Panama at the end of their sentence. This procedure is much faster than a formal extradition, and has proven so successful, that [the Drug Enforcement Administration] sometimes designs operations to bring suspects to Panama so they can be arrested in Panama and turned over to US authorities quickly.
In Assange’s favour is the suggestion that any charge against him would also have to apply to Bill Keller, the former executive editor of the New York Times, as WikiLeaks’ US partner for the Afghan and Iraq war logs and the outlet for its diplomatic cables. As Chase Madar explains in The Passion of Bradley Manning, none of the material that Manning allegedly leaked is top secret. Out of roughly 250,000 diplomatic cables, for instance, 15,000 to 16,000 are ‘secret’ and fewer than half are classified. As classified files go, they pale by comparison with the papers Daniel Ellsberg leaked in the thick of the Vietnam War. Finally, there is a view in the administration that the leaks have not compromised national security. (The documents that make this case – one originating from the White House – are themselves classified, and Manning’s lawyer has already subpoenaed some of them.)
Even so there are reasons for Assange to be cautious. Dianne Feinstein, the head of the Senate’s Select Committee on Intelligence, said in a written statement for the Sydney Morning Herald earlier this month that he had indeed ‘caused serious harm to US national security and he should be prosecuted accordingly.’ That might mean little in an election year, but what of the alarming trove of email traffic at Stratfor, the private security and ‘global intelligence’ firm in Texas, which was obtained by the hacktivist collective Anonymous and released by WikiLeaks six months ago? Among the 5.5 million messages, several relate to Assange and one of them, from Fred Burton, the company’s ‘vice president for counter-terrorism and corporate security’, says simply: ‘Not for Pub – We have a sealed indictment on Assange. Pls protect.’ True or false, this is not the kind of assertion Assange can afford to take lightly.
An overriding cause for concern is the statistical picture, summarised by Madar, of prosecutions under Obama: in the last four years, six people, including Manning, have been charged under the Espionage Act (1917) for disclosures of classified information. ‘Although candidate Obama campaigned as the whistleblower’s loyal friend and protector,’ Madar writes, ‘he has presided over more leaks prosecutions under the act – a use that the statute’s authors never intended – than all his predecessors combined.’ Assange is not on the US government payroll, unlike the others, but he remains unfinished business for the US, waiting in the Ecuadorian Embassy, listening to the machinery whirring around him as Foreign Office staff board flights for Quito and the Ecuadorian government checks every safety mechanism, keen to avoid any misunderstandings with the British. Meanwhile the high-level Syrian emails now being released by WikiLeaks are proof that Assange isn’t twiddling his thumbs. Western surveillance technology companies and defence contractors will feature prominently in the 2.4 million documents in prospect. In the first release the focus is on the Italian defence company Finmeccanica and its sales of mobile communications equipment to the government in Damascus, the last as recent as February.
Bradley Manning, by contrast, is out of the game. His exemplary punishment is required by the fact that he was a soldier working in intelligence. Assange may be a crusader but he was not enlisted for his country, or anyone’s, when he posted nearly half a million ‘significant action’ logs from Afghanistan and Iraq and a quarter of a million diplomatic cables on WikiLeaks, all of them sourced by a thoughtful soldier in Iraq. Manning, who has spent two years in detention, first at the Quantico Marine Base in Virginia and now in Fort Leavenworth, is charged under the Espionage Act and also with ‘aiding the enemy’. [Continue reading…]
Julian Assange’s right to asylum
Glenn Greenwald writes: If one asks current or former WikiLeaks associates what their greatest fear is, almost none cites prosecution by their own country. Most trust their own nation’s justice system to recognize that they have committed no crime. The primary fear is being turned over to the US. That is the crucial context for understanding Julian Assange‘s 16-month fight to avoid extradition to Sweden, a fight that led him to seek asylum, Tuesday, in the London Embassy of Ecuador.
The evidence that the US seeks to prosecute and extradite Assange is substantial. There is no question that the Obama justice department has convened an active grand jury to investigate whether WikiLeaks violated the draconian Espionage Act of 1917. Key senators from President Obama’s party, including Senate intelligence committee chairwoman Dianne Feinstein, have publicly called for his prosecution under that statute. A leaked email from the security firm Stratfor – hardly a dispositive source, but still probative – indicated that a sealed indictment has already been obtained against him. Prominent American figures in both parties have demanded Assange’s lifelong imprisonment, called him a terrorist, and even advocated his assassination.
For several reasons, Assange has long feared that the US would be able to coerce Sweden into handing him over far more easily than if he were in Britain. For one, smaller countries such as Sweden are generally more susceptible to American pressure and bullying.
For another, that country has a disturbing history of lawlessly handing over suspects to the US. A 2006 UN ruling found Sweden in violation of the global ban on torture for helping the CIA render two suspected terrorists to Egypt, where they were brutally tortured (both individuals, asylum-seekers in Sweden, were ultimately found to be innocent of any connection to terrorism and received a monetary settlement from the Swedish government).
Perhaps most disturbingly of all, Swedish law permits extreme levels of secrecy in judicial proceedings and oppressive pre-trial conditions, enabling any Swedish-US transactions concerning Assange to be conducted beyond public scrutiny. Ironically, even the US State Department condemned Sweden’s “restrictive conditions for prisoners held in pretrial custody”, including severe restrictions on their communications with the outside world. [Continue reading…]