Friday, Apr 16, 2010
By Glenn Greenwald
(updated below)
The more I think and read about the Obama DOJ's prosecution of NSA whistleblower Thomas Drake, the more I think this might actually be one of the worst steps the Obama administration has taken yet, if not the single worst step -- and that's obviously saying a lot. During the Bush years, in the wake of the NSA scandal, I used to write post after post about how warped and dangerous it was that the Bush DOJ was protecting the people who criminally spied on Americans (Bush, Cheney Michael Hayden) while simultaneously threatening to prosecute the whistle-blowers who exposed misconduct. But the Bush DOJ never actually followed through on those menacing threats; no NSA whistle-blowers were indicted during Bush's term (though several were threatened). It took the election of Barack Obama for that to happen, as his handpicked Assistant Attorney General publicly boasted yesterday of the indictment against Drake.
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Aside from the indefensible fact that only crimes committed by high-level Bush officials -- but nobody else -- enjoy the benefits of Obama's "Look Forward, Not Backward" decree, think about the interests being served by this prosecution. Most discussions yesterday suggested that Drake's leaks to The Baltimore Sun's Sibohan Gorman were about waste and mismanagement in the "Trailblazer" project rather than controversial NSA spying activities, but that's not entirely accurate.
Just consider this May 18, 2006, article by Gorman, describing how and why the NSA opted for the "Trailblazer" proposal over the privacy-protecting "Thin Thread" program, in the process discarding key privacy protections designed to ensure that the NSA would not eavesdrop on the domestic calls of U.S. citizens (h/t ondelette). In that article -- which really should be read to get a sense for the whistle-blowing that is being punished by the DOJ -- Gorman described at length how then-NSA head Michael Hayden rejected technologies that could "rapidly separate and encrypt U.S.-related communications to ensure privacy" and "that monitored potential abuse of the records." As she put it: "Once President Bush gave the go-ahead for the NSA to secretly gather and analyze domestic phone records -- an authorization that carried no stipulations about identity protection -- agency officials regarded the encryption as an unnecessary step and rejected it."
It's not hyperbole to say that Bush's decision to use the NSA to spy domestically on American citizens was one of the most significant stories of this generation. It was long recognized that turning the NSA inward was one of the greatest dangers to freedom, as Sen. Frank Church warned back in 1975, after he investigated America's secret surveillance apparatus: "That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide." It was, of course, the December 16, 2005, New York Times article by Jim Risen and Eric Lichtblau which first disclosed that the Bush NSA was illegally eavesdropping on American citizens inside the U.S., but Gorman's articles regarding the Trailblazer program -- in the time period covered by the indictment, using NSA sources (almost certainly including Drake) -- provided crucial details about how and why the Bush NSA dispensed with key safeguards to protect innocent Americans from such invasive domestic surveillance.
remainder in full:
http://www.salon.com/news/opinion/glenn_greenwald/2010/04/16/prosecutions/index.html
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