The Latest Attempt By The Obama Administration To Punish Whistleblowers
from the thomas-drake,-part-II dept
http://www.techdirt.com/articles/20110702/00451614941/latest-attempt-obama-administration-to-punish-whistleblowers.shtml

Earlier this year, we noted Daniel Ellsberg's comments about how very few 
people realized that President Obama -- a man who ran on a platform of 
transparency and who has repeatedly said he supports whistleblowing efforts -- 
has been the most aggressive President ever in trying to punish whistleblowers. 
He pointed out that President Obama has brought more indictments for leaking 
info than all other presidents combined. And it's resulted in absolutely 
ridiculous prosecutions like the Thomas Drake affair, which finally collapsed 
after it became clear that the feds were merely being vindictive against Drake 
for his whistleblowing activities, rather than finding any actual case of 
espionage. 

Now we have the sequel to the Drake situation, with much higher stakes in some 
ways. Conor Friedersdorf has a story at The Atlantic, about the 
administration's efforts to put reporter James Risen in jail. The full story is 
a worth a read, but it's pretty ridiculous. Risen is famous for exposing the 
Bush administrations warrantless wiretapping regime, as well as a few other 
clearly illegal programs. He so infuriated the Bush administration that Dick 
Cheney wanted to put him in jail... but realized there was no legitimate way to 
do so. 

Along comes President Barack Obama. Part of Obama's campaign was actually built 
off of the information that Risen exposed:

You'd think that President Obama would take a different view. After all, he 
might not be in the White House today if the Bush Administration would've 
succeeded in keeping all its secrets: the torture, the detainee deaths, the 
abuses at Abu Ghraib, the spying on Americans, the faulty pre-war intelligence 
in Iraq, and all the rest. One would expect Obama of all people to see the 
value in Risen's reporting - the real ways in which he has helped to preserve 
civil liberties, American freedom, and accountability in government - and to 
weigh that against the national security implications of reporting in 2006 on a 
bungled CIA effort that happened way back in the year 2000.

You'd think. Instead, we get the opposite. The Obama administration has come 
down even harder on Risen than the Bush administration did, and is now 
threatening him with jail for not exposing his sources for some of his stories. 
This showdown may come soon, as a judge has indicated that she may require 
Risen to give up his sources. As Glenn Greenwald has noted, this whole thing 
seems to be a part of the "climate of fear" that was certainly present among 
the previous administration, but which has ratcheted up dramatically with the 
current administration. The key "fear" element is to make it known to both 
insiders who leak and reporters who publish those stories, that they could face 
jail time, even as the administration claims that it's encouraging 
whistleblowing. 

Ellsberg speculated that President Obama's reason for being so much more 
aggressive on these issues was one of embarrassment . That is, the President 
recognizes that the federal government is doing all sorts of questionable stuff 
-- the type of stuff he actively campaigned against -- and is embarrassed by 
it. But since he (for whatever reason) is unable to put a stop to it, he's 
trying to do the next best thing: which is threaten and or punish anyone who 
might reveal what's being done. I'm not sure I buy that theory, but either way 
the situation is clearly troubling, and completely counter to the image that 
Obama has tried to portray of openness and transparency, and a willingness to 
respond directly to critics rather than punish them. 

If you're concerned about freedom of speech and freedom of the press, this 
story should concern you. If you believe in the importance of whistleblowers to 
keep governments accountable when they do things like break the clear letter 
and intent of the law, this story should concern you. Tragically, however, it's 
not getting very much attention at all.
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