Category Archives: whistleblowing

Peter Van Buren — I’m a whistleblower: Want fries with that?

Before November 2012, fast-food workers in America had never gone on strike. There was a good reason for that. Many burger-flippers were teenagers in need of a few extra bucks, and thanks to high turnover in the industry, most workers didn’t have to stay long in those poverty-wage jobs.

After the economic meltdown of 2007-2008 and the Great Recession, things changed. A disproportionate share of job gains during the “recovery” turned up in the low-wage service sector of the workforce.  The result: a growing contingent of adult fast-food workers who can’t find other work. And fast-food wages, which average $8.69 an hour, have dropped by 36 cents an hour since 2010. More than half of the families of fast-food workers are forced to rely on public programs like food stamps and Medicaid to get by.

In November 2012, fed-up workers at franchises like McDonald’s, Wendy’s, and KFC went on strike for the first time, demanding a $15 minimum wage and the right to join unions without retaliation. In the months that followed, these worker protests spread across the country faster than organizers expected. As Naquasia LeGrand, a KFC employee, told me late last year, she joined the first strike in New York City because workers hadn’t seen a dime of the record profits fast food chains are reaping. “We don’t get enough respect” was the way she put it.

Low-wage workers face terrible odds. The other NRA, the National Restaurant Association, which lobbies on behalf of the $600 billion industry, has been fighting minimum wage hikes for decades. In recent years, the group, whose members include KFC, Taco Bell, and Pizza Hut, has more than doubled its lobbying heft on Capitol Hill. Between 2008 and 2013, NRA lobbyists pushing the industry’s interests in Washington shot up from 15 to 37. And don’t forget the 127 lobbyists who represented nine of the association’s biggest members in 2013, up from 56 in 1998. The NRA alone has spent $2.2 million on lobbying since November 2012, and handed out more than $400,000 in campaign contributions as well.

President Obama can call on Congress to increase the minimum wage till hell freezes over, but don’t expect even the modest hike he backs to happen any time soon given the opposition of congressional Republicans, who just happen to have gotten the lion’s share of the NRA’s campaign contributions over the years. In the meantime, folks will keep working three jobs to not get by.

State Department whistleblower and TomDispatch regular Peter Van Buren took an unlikely fall into the minimum-wage world when he lost his job in 2012. Today, he gives us a first-hand look at what it’s like to subsist in poverty-wage America (as he does in his vivid new novel about the hollowing out of the American workforce, Ghosts of Tom Joad: A Story of the #99Percent). Erika Eichelberger

An apartheid of dollars
Life in the new American minimum-wage economy
By Peter Van Buren

There are many sides to whistleblowing. The one that most people don’t know about is the very personal cost, prison aside, including the high cost of lawyers and the strain on family relations, that follows the decision to risk it all in an act of conscience. Here’s a part of my own story I’ve not talked about much before.

At age 53, everything changed. Following my whistleblowing first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, I was run out of the good job I had held for more than 20 years with the U.S. Department of State. As one of its threats, State also took aim at the pension and benefits I’d earned, even as it forced me into retirement. Would my family and I lose everything I’d worked for as part of the retaliation campaign State was waging? I was worried. That pension was the thing I’d counted on to provide for us and it remained in jeopardy for many months. I was scared.

My skill set was pretty specific to my old job. The market was tough in the Washington, D.C. area for someone with a suspended security clearance. Nobody with a salaried job to offer seemed interested in an old guy, and I needed some money. All the signs pointed one way — toward the retail economy and a minimum-wage job.

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FBI abruptly walks out on Senate briefing after being asked how ‘insider threat’ program avoids whistleblowers

Mike Masnick writes: While we’ve been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he’s been quite concerned that the White House’s “Insider Threat Program” (ITP) is really just a cover to crack down on whistleblowers. As we’ve noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as “aiding the enemy” and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never — not once — praised someone for blowing the whistle in the federal government.

Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: [Continue reading…]

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How Edward Snowden went from loyal NSA contractor to whistleblower

f13-iconThe Guardian reports: In late December 2001, someone calling themselves TheTrueHOOHA had a question. He was an 18-year-old American male with impressive IT skills and a sharp intelligence. His real identity was unknown. Everyone who posted on Ars Technica, a popular technology website, did so anonymously.

TheTrueHOOHA wanted to set up his own web server. It was a Saturday morning, a little after 11am. He posted: “It’s my first time. Be gentle. Here’s my dilemma: I want to be my own host. What do I need?”

Soon, regular users were piling in with helpful suggestions. TheTrueHOOHA replied: “Ah, the vast treasury of geek knowledge that is Ars.” He would become a prolific contributor; over the next eight years, he authored nearly 800 comments. He described himself variously as “unemployed”, a failed soldier, a “systems editor”, and someone who had US State Department security clearance.

His home was on the east coast of America in the state of Maryland, near Washington DC. But by his mid-20s he was already an international man of mystery. He popped up in Europe – in Geneva, London, Ireland, Italy and Bosnia. He travelled to India. Despite having no degree, he knew an astonishing amount about computers. His politics appeared staunchly Republican. He believed strongly in personal liberty, defending, for example, Australians who farmed cannabis plants.

At times he could be rather obnoxious. He called one fellow-Arsian, for example, a “cock”; others who disagreed with his sink-or-swim views on social security were “fucking retards”.

His chat logs cover a colourful array of themes: gaming, girls, sex, Japan, the stock market, his disastrous stint in the US army, his negative impressions of multiracial Britain (he was shocked by the number of “Muslims” in east London and wrote, “I thought I had gotten off of the plane in the wrong country… it was terrifying”), the joys of gun ownership (“I have a Walther P22. It’s my only gun but I love it to death,” he wrote in 2006). In their own way, the logs form a Bildungsroman.

Then, in 2009, the entries fizzle away. In February 2010, TheTrueHOOHA mentions a thing that troubles him: pervasive government surveillance. “Society really seems to have developed an unquestioning obedience towards spooky types… Did we get to where we are today via a slippery slope that was entirely within our control to stop? Or was it a relatively instantaneous sea change that sneaked in undetected because of pervasive government secrecy?” [Continue reading…]

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Japan secrecy act stirs fears about press freedom, right to know

Reuters reports: Japanese Prime Minister Shinzo Abe’s government is planning a state secrets act that critics say could curtail public access to information on a wide range of issues, including tensions with China and the Fukushima nuclear crisis.

The new law would dramatically expand the definition of official secrets and journalists convicted under it could be jailed for up to five years.

Japan’s harsh state secrecy regime before and during World War Two has long made such legislation taboo, but the new law looks certain to be enacted since Abe’s Liberal Democratic Party-led bloc has a comfortable majority in both houses of parliament and the opposition has been in disarray since he came to power last December.

Critics see parallels between the new law and Abe’s drive to revise Japan’s U.S.-drafted, post-war constitution to stress citizen’s duties over civil rights, part of a conservative agenda that includes a stronger military and recasting Japan’s wartime history with a less apologetic tone.

“There is a demand by the established political forces for greater control over the people,” said Lawrence Repeta, a law professor at Meiji University. “This fits with the notion that the state should have broad authority to act in secret.”

Abe says the new law, a draft of which is expected to be approved by his cabinet on Friday, is vital to his plan to set up a U.S.-style National Security Council to oversee security policies and coordinate among ministries.

Legal and media experts say the law, which would impose harsh penalties on those who leak secrets or try to obtain them, is too broad and vague, making it impossible to predict what would come under its umbrella. The lack of an independent review process leaves wide latitude for abuse, they say. [Continue reading…]

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Independent journalists vs. tools of the government

David Carr writes: A disgruntled loner with access to military secrets comes across documents that pull back the veil on government actions in a lost war and decides for a variety of reasons, some noble and some personal, to share them with the world.

That was Daniel Ellsberg in 1969, and for his efforts, which became the publication of the Pentagon Papers, he was investigated and indicted, but eventually he was hailed as a hero and enshrined in the journalistic canon.

Today that role has been taken up by Pfc. Bradley E. Manning (who now wants to be known as Chelsea) and Edward J. Snowden. Their chances of being widely declared heroes aren’t nearly as great: Private Manning was sentenced to 35 years in prison last week, and Mr. Snowden, who revealed documents showing the extent of surveillance by the National Security Agency, is still hiding in Russia beyond the reach of the United States government.

Perhaps they got what’s coming to them. They knew, or should have known, the risks of revealing information entrusted to them, and decided to proceed. Like almost all whistle-blowers, they are difficult people with complicated motives.

So, too, are the journalists who aid them. It’s not surprising that Julian Assange, the founder of WikiLeaks, who brokered the publishing of Private Manning’s documents, and Glenn Greenwald, the columnist for The Guardian who has led the Snowden revelations, have also come under intense criticism.

What is odd is that many pointing the finger are journalists. When Mr. Greenwald was on “Meet the Press” after the first round of N.S.A. articles, the host, David Gregory, seemingly switched the show to “Meet the Prosecutor.” He asked, “To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?”

Jeffrey Toobin, who works for both CNN and The New Yorker, called Mr. Snowden “a grandiose narcissist who belongs in prison.” This week, he called David Miranda, Mr. Greenwald’s partner who was detained by British authorities for nine hours under antiterror laws, the equivalent of a “drug mule.”

Mr. Assange has also come under withering criticism, including in the pages of The New York Times, which accused him, among other things, of not smelling very nice as we cooperated with WikiLeaks in publishing reams of articles in July 2010 based on the revelations from Private Manning.

This week, Michael Grunwald, a senior national correspondent at Time, wrote on Twitter: “I can’t wait to write a defense of the drone strike that takes out Julian Assange.” (He later apologized, perhaps reasoning that salivating over the killing of anyone was in poor taste.)

What have Mr. Assange and Mr. Greenwald done to inspire such rancor from other journalists? Because of the leaks and the stories they generated, we have learned that in the name of tracking terrorists, the N.S.A. has been logging phone calls and e-mails for years, recorded the metadata of correspondence between Americans, and in some instances, dived right into the content of e-mails. The WikiLeaks documents revealed that the United States turned a blind eye on the use of torture by our Iraqi allies, and that an airstrike was ordered to cover up the execution of civilians. WikiLeaks also published a video showing a United States Army helicopter opening fire on a group of civilians, including two Reuters journalists.

In the instance of the stories based on the purloined confidential documents in the Manning and Snowden leaks, we learned what our country has been doing in our name, whether it is in war zones or in digital realms.

Mr. Toobin agrees that an important debate has been joined, but says no story, no matter how big, justifies journalists’ abetting illegal acts, saying, “Journalists are not above the law.”

“The Jane Mayers, Sy Hershes and Walter Pincuses have all done superb work for decades without the rampant lawlessness that was behind these stories,” he said, adding later, “I’ve never heard any of those journalists endorsing the wholesale theft of thousands of classified government records.”

The larger sense I get from the criticism directed at Mr. Assange and Mr. Greenwald is one of distaste — that they aren’t what we think of as real journalists. Instead, they represent an emerging Fifth Estate composed of leakers, activists and bloggers who threaten those of us in traditional media. They are, as one says, not like us.

“By no means was I treated as a hero when I first came forward. I was indicted and spent two years in court,” Mr. Ellsberg said in an interview. “But in those days, journalists were not turning on journalists. With Snowden in particular, you have a split between truly independent journalists and those who are tools — and I mean that in every sense of the term — of the government. Toobin and Grunwald are doing the work of the government to maintain relationships and access.” [Continue reading…]

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The torturer, the spy, and the journalist: How the U.S. jailed the waterboarding whistleblower

Tyler Bass writes: A decade ago, long before Edward Snowden trolled the depths of a classified government surveillance program, John Kiriakou was learning about a government practice as secret and troubling, and a lot more gruesome.

On the night of March 28, 2002, Mr. Kiriakou, then a decorated officer at the Central Intelligence Agency, led a team that raided a suspicious house in Faisalabad, Pakistan, and made America’s first post-9/11 capture of a major al-Qaeda leader, Abu Zubaydah. After a shoot-out that almost killed him, Zubaydah was rushed to a hospital and nursed back to life by the CIA. During subsequent interrogations at a “black site” in Thailand and at the Guantanamo Bay prison, he was waterboarded eighty-three times.

In January of this year, the 15-year CIA veteran was sentenced to two and a half years in prison on charges of revealing classified information, including the name of a covert CIA operative. But he and his supporters claim that the government’s case against him was being built in secret since he began speaking to the press about waterboarding.

His prosecution, they say, was really payback for disclosing a secret program, and one that Kiriakou would argue was ineffective and wrong. The disclosure of a CIA officer’s name was illegal, but given numerous other leaks, he said it did not merit the government’s aggressive approach. “I’ve never believed my case was about a leak,” the father of five said in January after his sentencing. “I’ve always believed my case was about torture.”

In 2007, during an interview with ABC News, Kiriakou described Zubaydah’s initial treatment, and so became the first person to reveal the CIA’s waterboarding program. While his knowledge of the waterboarding program was second-hand, at the time he offered reluctant support, though he would discover later that he had been lied to about its efficacy. But in 2007, in his soft tenor, Kiriakou told reporter Brian Ross that Americans and Congress needed to be talking about this stuff. “Because I think as a country this is something we have to decide that we want to do as a matter of policy. It shouldn’t be secret. It should be part of a national conversation.”

Kiriakou is considered to be the sixth government employee to be charged with disclosing secret information under the Obama administration, which, despite the President’s signing of the Whistleblower Protection Enhancement Act last year, has carried out more whistleblower indictments than any other administration in history. (Snowden was the seventh whistleblower to be charged with spilling state secrets.) [Continue reading…]

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