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Justice

White House Revives ‘Media Shield’ Bill To Protect Journalists

Under fire for the Justice Department’s surveillance of AP reporters’ phone records, the White House is pushing to revive a “media shield” bill to protect reporters who refuse to identify confidential sources. Sen. Chuck Schumer (D-NY) received a call Wednesday from the White House asking him to reintroduce his 2009 bill.

The last media shield bill was thwarted when Wikileaks exposed thousands of pages of secret government documents, killing the political will to bring the legislation to a floor vote. Even before that, however, the Obama administration refused to support Schumer’s legislation unless it excluded reporters who publish leaks deemed to cause “significant harm” to national security.

Though the administration’s renewed interest in the media shield could signal regret over the AP scandal, the compromise bill may not have protected the AP from the DOJ’s subpoena because of this exception for national security leaks. However, Schumer argued the legislation would have made a difference:

In a statement, Mr. Schumer referred to the A.P. subpoena: “This kind of law would balance national security needs against the public’s right to the free flow of information. At minimum, our bill would have ensured a fairer, more deliberate process in this case.

It is not clear whether such a law would have changed the outcome of the subpoena to The A.P. But it might have reduced the chances that the Justice Department would have demanded the records in secret, without any advance notice to the news organization, and it may have allowed a judge to review whether the scope of the request was justified by the facts.

As the New York Times notes, the media shield compromise language would actually help the government pursue reporters to root out leaks of classified information — “Judges could not quash a subpoena through a balancing test if prosecutors could show that the information sought might help prevent a future terrorist attack or other acts likely to harm national security.”

The bill would, however, protect journalists from civil suits attempting to force them to give up sources or information. It would also require the information seekers to prove why their need trumps the need for unfettered media.

Justice

Government Allowed To Pretend That WikiLeaks Documents Are Still Secret

A federal judge ruled yesterday that the U.S. government can continue to act as if diplomatic cables already released by WikiLeaks are still secret. The decision came in a Freedom of Information Act case in which the ACLU requested 23 diplomatic cables that had been posted online and widely discussed after they were released by WikiLeaks.

Even though the cables had been released by WikiLeaks, the government was only willing to release redacted versions of 13 cables and withheld the other 12.

The cables [the ACLU] requested reveal the diplomatic harms of widely criticized U.S. government policies, including torture, detention and rendition of detainees, detention at Guantanamo, and the use of drones to carry out targeted killings. The State Department claims that the withheld cables are classified, and thus so secret that they cannot be released—despite the fact that they are already accessible to anyone in the world with an internet connection and a passing interest in current events.

In order to avoid releasing its own copies of the cables, the government was required to prove to the court that doing so would cause harm to national security. It offered explanations of why releasing secret State Department cables might harm relations with foreign governments or disclose sensitive information, but failed to explain what harm would come from releasing cables that are already available to the public in full, and that the government has admitted have been leaked. [...]

It’s hard to reconcile the court’s decision with the goals of FOIA, which is described by the government as “the law that keeps citizens in the know about their government.” The government has reacted aggressively to the WikiLeaks disclosures. Not only is it refusing to comply with FOIA requests or declassify documents that have already been release, Private First Class Bradley Manning, accused of supplying the documents released by WikiLeaks, has been treated harshly and faces a possible life sentence.

Alex Brown

Alyssa

The Big Question About the Julian Assange Biopics

The Wall Street Journal reports that, just as was the case after the death of Osama bin Laden when movie projects on the subject became hot Hollywood currency, a number of studios are contemplating biopics about Julian Assange. The Wikileaks founder’s story is undoubtedly commercially compelling, whether someone’s looking to make a technological thriller with more realistic politics than Hackers, a movie about indefinite detention, given the consequences Bradley Manning has faced for giving documents to Assange, or a spy-ish picture that raises more intelligent questions about the impact and viability of government secrecy. Any and all of those movies would be fascinating things to see Hollywood try to attempt, though the results would inevitably vary.

But I’m honestly curious to see if any of the studios in contention here are going to focus on the sexual assault charges against Assange, and if so, how they’ll handle them. Assange has always seemed like a fascinating case for how powerful people prioritize the treatment of women and the abuse of them by powerful men when other issues they care about are at stake. If you support Assange’s work, as filmmakers like Michael Moore and Ken Loach, who put up bail money for him in his sexual assault case did, that does not mean he’s incapable of committing assault, that the charisma that won Assange supporters also rendered his negotiations of consent with women he had sex with clear and uncomplicated. Trying to balance the presumption of innocence and the idea that rape victims, who are particularly subject to discrediting and shaming when they come forward, deserve respect and the opportunity for a fair hearing is something that appears difficult enough for our society. A case like Assange’s, in which some of his famous supporters often couldn’t stop at asserting his right to a presumption of innocence and right to a fair trial, heightens that challenge, plays it out on an international scale. A movie that can even lay out those issues cogently, much less suggesting any sort of solution, would be a real accomplishment.

Alyssa

Bradley Manning and the Drama of Instant Messaging

My main opinion of Bradley Manning is that it sounds like he has pretty serious emotional problems and turned out not to be a particularly effective whistleblower, the former probably having quite a bit to do with the latter. And while there almost certainly will be a live-action movie about WikiLeaks and Manning’s relationship with the organization, and with Adrian Lamo, who busted him, I’m actually much more intrigued by this short animated film, Bradley Manning Had Secrets (go to the site to watch it), by filmmaker Adam Butcher.

The dialogue will be familiar to anyone who’s followed the story at all, it’s drawn directly from Manning and Lamo’s chat logs. But it’s amazing how much it adds to see those words in motion, transmogrifying into a pile of supply boxes, an image of Manning in women’s clothes, and to hear them spoken, full of stress and wistfulness. I’d be curious to know if anyone’s studying text-based communication, like texting and instant messages, to see if we’re either misunderstanding each other more without tone of voice and facial expressions, or if we’re sharpening our skills of interpretation to catch nuance and tone in the written word. Because of who each man was, and because of Lamo’s decision to string Manning along, Manning and Lamo’s conversations seemed designed to allow for significant misinterpretation of both the specifics of what the other was saying, and what the conversations meant to the person on the receiving end of the messages. But even without stakes that high, the way we talk to each other can get fraught without us even knowing it.

Security

FLASHBACK – McCain In 2009: Qaddafi Is ‘An Interesting Man’

McCain Shaking Hands with Qaddafi in 2009

The last major stronghold of deposed Col. Muammar Qaddafi fell today just two months after Libyan rebels seized Tripoli, the seat of his government. Qaddafi himself captured and killed with the fighting, marking the end of a line for a eccentric and colorful character who was by turns vilified in the U.S. and cozied up to, depending on which way the winds blow.

No one exemplifies the extremes of favoring and denouncing Qaddafi like U.S. Sen. John McCain (R-AZ). Just 10 days after the first major national demonstrations — and violent reprisals from Qaddafi’s forces — McCain called on the Obama administration to arm the Libyan rebels. Today, with the news of Qaddafi’s demise, McCain issued a mild statement celebrating the dictator’s final fall saying, “The death of Muammar Qaddafi marks an end to the first phase of the Libyan revolution.”

But McCain was not always so clearly opposed to Qaddafi. In the mid-2000s, when the Iraq war began to fall apart and the Bush administration and its hawkish allies were looking for any silver lining, Qaddafi came in from the cold. Libya voluntarily gave up its weapons of mass destruction programs and Western companies poured money into the North African country’s abundant oil fields. By the late-2000s, the détente was in full swing, with visits to Libya by high-level U.S. politicians, including McCain. On his August 2009 visit there, McCain issued a now-infamous tweet:

And a YouTube video of AP footage broadcast on Libyan state-run television showed McCain and other senators on the trip greeting Qaddafi:

A diplomatic cable about the visit released by the transparency group WikiLeaks this year explained that in meetings with Qaddafi and his son Muatassim, Libya’s national security chief, McCain said he would help the Libyan government get non-lethal military equipment from the U.S. — something Congress had been resistant to. The cable reads:

5.(C) Senator McCain assured Muatassim that the United States wanted to provide Libya with the equipment it needs for its [a Libyan security program]. He stated that he understood Libya’s requests regarding the rehabilitation of its eight C130s [a transport plane] and pledged to see what he could do to move things forward in Congress. He encouraged Muatassim to keep in mind the long-term perspective of bilateral security engagement and to remember that small obstacles will emerge from time to time that can be overcome.

After ThinkProgress covered the cable, McCain told Foreign Policy that he had been “non-committal” on helping Qaddafi and that he “never did a single thing to follow up.” But the cable never even mentions the Libyan people or the well-known human rights abuses of Qaddafi’s brutal regime.

Nonetheless, the lengths McCain went to in order to portray himself to Qaddafi as an ally speaks for itself. Juxtaposed with his constant urging for U.S. escalation against Qaddafi since February, the 2009 visit demonstrates just how politics — and not principled opposition to tyranny — were able to guide McCain’s stances on Qaddafi and Libya.

Security

New Exposé Alleges That U.S. And U.N.-Backed Kandahar Police Chief Involved In Torture And Massacres

Kandahar police chief Abdul Razik is alleged to have been responsible for major human rights abuses.

Today, the Atlantic has published a new article by Matthieu Aikins, “Our Man In Kandahar,” that alleges that Kandahar police chief Abdul Raziq has ordered both brutal interrogations involving electric shock treatment and massacres of unarmed individuals.

Aikins, who had heard rumors of Raziq’s abuses since he wrote a 2009 article about him in Harpers, first investigates the case of two boys he refers to as Ahmed and Najib to protect their safety. Both boys told him they were arrested in Kandahar and then summarily tortured with electric shocks; they then were interrogated by Raziq, who appeared to approve of their treatment. Aikins found that the boys’ co-workers and a source within the Kandahar police department corroborated their story. “It felt like my whole body was filled with moving knives,” said one of the boys:

Najib went first. He was forced to lie on his back, and wires leading to the generator were attached to toes on both his feet. A group of Border Police crowded around him, jeering and spitting snuff on his face. “Tell us the truth,” they commanded. Then they switched on the power. “It felt,” Najib told me, “like my whole body was filled with moving knives.” After he passed out from the pain, it was Ahmad’s turn to be tortured. When the two awoke from the ordeal, they were placed in separate rooms. In the evening, they were taken to police headquarters to see Abdul Raziq himself.

Aikins goes on to note that “a number of Afghan and international officials familiar with the situation there told me that Raziq has brought with him a new level of brutality” after taking over as Kandahar’s police chief. He notes that Raziq’s men are trained by Dyncorp and Xe (formerly Blackwater) at a U.S.-funded training center and that their salaries are paid for by the “Order Trust Fund for Afghanistan, a UN-administered international fund, to which the U.S. is the largest contributor.”

But the most troubling allegation is of Raziq’s involvement in a massacre along the Afghanistan in 2006. Raziq, who was then head of a militia and tasked with border security in the town of Spin Boldak, claimed that he had killed a number of Taliban fighters in a skirmish. But word soon began to leak out of a massacre, yet no official investigation was ever released of the events that took place there. Yet Aikins obtained the results of a suppressed police investigation of the incident that concluded that Raziq had ordered detainees summarily executed, and that some of the victims were children. In interviews with “a diverse set of sources, including tribal elders, human-rights workers, police officers, and government officials,” Aikins concludes that the people killed by Raziq’s forces were civilians that were part of a rival tribe — targeted as a part of tribal conflict over smuggling routes —  rather than Taliban fighters. The Atlantic has published photographs of the massacre in a slide show found in Aikin’s article from the suppressed police investigation. (WARNING: the photos are very graphic).

U.S. government sources denied these allegations in interviews with Aikins. “I have never seen evidence of private prisons or of extrajudicial killings directly attributable to him,” said the State Department’s Ben Moeling. While diplomatic cables released by WikiLeaks show that the U.S. government was skeptical of Raziq’s anti-corruption efforts, Rolling Stone’s Michael Hastings pointed out on Twitter, one cable shows that the U.S. government has been working to rehabilitate Raziq’s image. A Kandahar embassy cable dated February 17, 2010 notes that the Embassy was working on assembling a team to work on “the longer-term encouragement of stories in the international media on the ‘reform’ of Razziq. … Razziq said he would welcome such a team.”

Security

WikiLeaks Cable: U.S. And Israel Kept Lid On Bomb Sale To ‘Avoid Any Allegations’ Of Preparations To Strike Iran

On Friday, journalist Eli Lake published a story about the Obama administration’s sale of so-called bunker-busting bombs to Israel. According to Lake’s reporting, the Bush administration had put off the sale in order to avoid the perception that delivery of the 55 GBU-28 bombs represented a “green light” for an Israeli strike on Iran:

James Cartwright, the Marine Corps general who served until August as the vice chairman of the Joint Chiefs of Staff, told Newsweek the military chiefs had no objections to the sale. Rather, Cartwright said, there was a concern about “how the Iranians would perceive it,” and “how the Israelis might perceive it.” In other words, would the sale be seen as a green light for Israel to attack Iran’s secret nuclear sites one day?

The Obama administration told Israel the bombs — which could pierce the underground bunkers where Iran increasingly stashes elements of its nuclear program — would be forthcoming in 2009. Lake reports that they were slated for delivery in late 2009 or 2010.

However, neither Lake nor the New York Times, which did a follow-up report, mentioned a late-2009 U.S. State Department diplomatic cable from Tel Aviv. Released at the end of August by the transparency group WikiLeaks, the cable shows the participants in a high-level military-diplomatic meeting between the two countries discussing the “upcoming delivery” of the bombs and vowing to keep a lid on the transaction due to the same concerns held by the Bush administration. The notes of the meeting in the November 18, 2009, cable read:

Both sides then discussed the upcoming delivery of GBU-28 bunker busting bombs to Israel, noting that the transfer should be handled quietly to avoid any allegations that the [U.S. government] is helping Israel prepare for a strike against Iran.

At the United Nations General Assembly on Friday, Israeli Prime Minister Benjamin Netanyahu derided Iranian President Mahmoud Ahmadinejad’s conspiracy-laced Thursday speech to the world body. “Can you imagine that man who ranted here yesterday — can you imagine him armed with nuclear weapons?” said Netanyahu. “The international community must stop Iran before it’s too late.”

Alyssa

‘Bones’ Takes The Next Pop Culture Stab At Treason

I wrote back in May that I thought one of the core problems with Bones is that the show doesn’t know how to do a Big Bad — more specifically, the kind of Big Bad that would require the extended efforts and concentration of a bunch of highly trained and highly paid crime-fightin’ federal scientists who, as we know, actually have other day jobs. So I’m glad to see that the show is at least going to give that sort of effort another shot with a case that is set up to bring out big core emotions in everyone’s favorite ruggedly handsome teddy bear, Seeley Booth.

This season, the main target will be a hacker who, as a form of misguided activism, shuts down Defense Department communications systems, putting American troops deployed overseas in danger. Obviously this will make our good friend Booth apoplectic, particularly at a time when he’s coping with the stresses of being a new dad. But it also seems like a cleverer-than-usual way to strip some of the complications out of the Bradley Manning case so we can debate some of the issues suggested by it in more usefully abstract terms. We can, and should, and are having debates about Don’t Ask Don’t Tell, detention conditions, and speedy trials all inspired by what we’ve learned of Manning and of how he’s been treated since he was caught leaking material to WikiLeaks.

But I think it’s worthwhile for pop culture to do some thinking about the circumstances under which we think it’s OK for people to break or bend the law, and I hope Bones will provide a scenario for discussing that by setting up a villain who is convinced what he’s doing is worth the collateral damage, and has clear malign intent. Our cop shows routinely condone the idea that it’s OK to use violence against suspects as long as the people who are employing violence as a tactic are a) officers of the court, b) have pure intentions, c) will feel bad about it afterwards. Bones spends a lot of time justifying Booth’s use of violence to protect Brennan and other members of the lab, usually when he has to kill a suspect or threaten someone who has made Brennan less safe. Our pop culture also suggests that we’re okay with aberrant and aberrational behavior if it’s in defense or service of family, and that we’re excited to sympathize with anti-heroes who employ violence fairly regularly as long as they’re quirky or relatable in some other way.

But mainstream shows and movies, not surprisingly, tend to treat people who betray the government or employ violence against state actors as if they’re insane, misguided as to the tactics that will be effective, or at minimum, totally deluded in their political beliefs. I’m not saying I sympathize with the decisions that Bill Ayers made when he joined the Weather Underground, or that U.S. should have ended the war in Vietnam on the grounds that Mark Rudd was outraged by it to the point of insensibility (the war was wrong for much sounder reasons) but I do think it’s a little strange that there’s a reluctance to acknowledge that the American government can make decisions can make people feel panicked and powerless and urgent. It would be worthwhile to have slightly more than zero television shows and movies that actually took the time to explore the root motivations of people who do powerfully anti-social things. And more than that, good storytelling should have villains actually test your resolve to side with the hero.

Alyssa

Alan Moore Backs Leaker Bradley Manning

Alan Moore has the imprisoned WikiLeaks collaborator’s back, saying in a statement:

With any legitimate trial of whistleblower Bradley Manning still being at an unspecified date in the future, it would seem that what is presently on trial here is Western culture itself. When the persecution of an individual who has exposed an evil is pursued so ruthlessly and yet the evil itself is studiedly ignored, all of us know that there is something very wrong with the way that our society is conducting itself. And if we do not protest in the strongest terms about what is being done in our name, then we become complicit.

There is no third option. Bradley Manning and others like him everywhere are vital to our continued moral health and well-being as a people, and unless we offer them our full support in their often dire and isolated circumstances, it is we, as a people, who will end up the losers.

This isn’t particularly surprising. Alan Moore is not, shall we say, particularly inclined to place his faith in institutions*, so this sort of suspicion seems fairly natural. I agree with Yglesias that Manning shouldn’t be in solitary confinement, and I do wonder if the clock is ticking on his constitutional guarantee of a speedy trial. But I’m not particularly sympathetic to the idea that trying Manning and sending him to jail for a long time is unjust or a way of distracting ourselves from the rot of Western culture. Some good things, among them the Arab Spring, may have their roots in material Manning disclosed, but it remains to be seen what the full impact of those leaks will — or won’t — be. Unlike Moore, I’m comfortable with many, though by no means all of the ground rules and conventions that make up our society, so I don’t really think we should determine Manning’s treatment by the justice of the end results of his actions.

*Proposition for debate: Alan Moore is the inverse of Frank Miller.

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