Dearlove Doublethink

Pub­lished on Con­sor­tium News, RT Op-Edge, and The Real News Net­work.

In a sen­sa­tional art­icle in a UK news­pa­per last week­end, the former head of the UK’s for­eign intel­li­gence gath­er­ing agency, MI6, appears to have broken the code of omertà around the fraud­u­lent intel­li­gence case used as the pre­text for the Iraq war in 2003.

DearloveSir Richard Dear­love, former head of MI6 and cur­rent Mas­ter of Pem­broke Col­lege, Cam­bridge, con­tac­ted the UK’s Mail on Sunday news­pa­per to state that he had writ­ten his ver­sion of the (ab)use of intel­li­gence in the run-up to the US/UK inva­sion of Iraq.  With the long-awaited and much-delayed offi­cial Chil­cot Enquiry into the case for war about to be pub­lished, Dear­love is obvi­ously aware that he might be blamed for the “sex­ing up” of the intel­li­gence, and that Teflon Tony Blair might once again shuffle off all responsibility.

You’ll no doubt have some vague recol­lec­tion that, in the run-up to the 2003 Iraq War, the Brit­ish gov­ern­ment pro­duced a couple of reports “mak­ing a case for war”, as Major Gen­eral Michael Laurie said in his evid­ence to the enquiry in 2011: “We knew at the time that the pur­pose of the [Septem­ber] dossier was pre­cisely to make a case for war, rather than set­ting out the avail­able intel­li­gence, and that to make the best out of sparse and incon­clus­ive intel­li­gence the word­ing was developed with care.”

The first such report, the Septem­ber Dossier (2002), is the one most remembered, as this did indeed “sex up” the case for war as the deceased Iraqi weapons inspector Dr David Kelly exposed. It also included the fraud­u­lent intel­li­gence about Sad­dam Hus­sein try­ing to acquire uranium from Niger. It was this lat­ter claim that Colin Pow­ell used to such great effect at the UN Secur­ity Council.

Rupert_Murdoch

Also, just six weeks before the attack on Iraq, the “Dodgy” Dossier, based largely on a 12-year old PhD thesis culled from the Inter­net, but con­tain­ing nug­gets of raw MI6 intel­li­gence — was presen­ted by spy and politi­cian alike as omin­ous pre­mon­it­ory intelligence.

Most mem­or­ably in the UK, it led to the bogus “Brits 45 minutes from Doom” front-page head­line in Rupert Murdoch’s The Sun news­pa­per, no less, on the eve of the cru­cial war vote in Parliament.

Inter­est­ingly from a Brit­ish legal pos­i­tion, it appears that Tony Blair and his spin doc­tor Alastair Camp­bell released this report without the prior writ­ten per­mis­sion of the head of MI6, which means that they would appear to be in breach of the UK’s dra­conian secrecy law, the Offi­cial Secrets Act (1989).

Thus was made the dodgy case for war.  All lies — mil­lions of deaths and many more maimed, wounded, and dis­placed, yet no one held to account.

Sub­sequently, there was also the notori­ous leaked Down­ing Street Memo, where Sir Richard Dear­love was minuted as say­ing that the intel­li­gence and facts were being fit­ted around the [pre­de­ter­mined war] policy.

On July 23, 2002 at a meet­ing at 10 Down­ing Street, Dear­love briefed Tony Blair and other senior offi­cials on his talks with his Amer­ican coun­ter­part, CIA Dir­ector George Tenet, in Wash­ing­ton three days before.

In the draft minutes of that brief­ing, which were leaked to the Lon­don Times and pub­lished on May 1, 2005, Dear­love explains that George Bush had decided to attack Iraq and the war was to be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruc­tion.”  While then-Foreign Sec­ret­ary Jack Straw points out that the case was “thin,” Dear­love explains matter-of-factly, “the intel­li­gence and facts are being fixed around the policy.”

Tony_BlairThere is no sign in the minutes that any­one hic­cuped — much less demurred — at ”mak­ing a case for war” and fur­ther­ing Blair’s determ­in­a­tion to join Bush in launch­ing the kind of “war of aggres­sion” out­lawed by the post-world war Nurem­berg Tribunal and the UN treaty.

The acqui­es­cence of the chief spies helped their polit­ical mas­ters main­line into the body politic unas­sessed, raw intel­li­gence and forged doc­u­ments, with dis­astrous con­sequences for the people of Iraq and the world.

Yet Dear­love long remained unre­pent­ant. Even as recently as 2011, post-retirement and bloated with hon­ours, he con­tin­ued to deny culp­ab­il­ity. When ques­tioned about the Down­ing Street Memo dur­ing an address to the pres­ti­gi­ous Cam­bridge Uni­ver­sity Union Soci­ety by the fear­less and fear­somely bright stu­dent, Silkie Carlo, Dear­love tried grandi­loquently to brush her aside.

But were the remarks in the Memo really “taken out of con­text” as Dear­love tried to assert? No – the text of the Memo was clear and explicit.

So Dear­love could poten­tially have saved mil­lions of lives across the Middle East if he had gone pub­lic then, rather than now as he is threat­en­ing, with his con­sidered pro­fes­sional opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy.

Would it not be lovely if these retired ser­vants of the crown, replete with respect, status and hon­ours, could actu­ally take a stand while they are in a pos­i­tion to influ­ence world events?

Doing so now, purely to pre­serve his repu­ta­tion rather than to pre­serve lives, is even more “eth­ic­ally flex­ible” than you would nor­mally expect of an aver­age MI6 intel­li­gence officer. Per­haps that is why he floated to the top of the organisation.

Dear­love is right to be wor­ried about how both Chil­cot and his­tory will judge him.  These intel­li­gence fail­ures and lies have been picked over and spec­u­lated about for years. They are an open secret.

But hold­ing the gun of dis­clos­ure to the UK government’s head smacks of des­per­a­tion.  He is quoted as say­ing that he has no plans to breach the Offi­cial Secrets Act by pub­lish­ing his mem­oirs. But by pub­lish­ing an account of the run-up to the Iraq war, he would be still guilty of a breach of the OSA. It has been estab­lished under UK law that any unau­thor­ised dis­clos­ure crosses the “clear bright line” of the law. And Dear­love seems well aware of this – his ori­ginal plan was for his account to be made avail­able after his death.

Rectum_DefendeI can see why he would plan that – firstly he would not risk pro­sec­u­tion under the dra­conian terms of the OSA, but his account would, in his view, set the record straight and pro­tect his repu­ta­tion for pos­ter­ity.  A posthum­ous win-win.

The offi­cial motto of the UK spies is “Regnum Defende” — defence of the realm. Serving intel­li­gence officers mord­antly alter this to “Rectum Defende” — politely trans­lated as watch your back.

Dear­love seems to be liv­ing up to the motto.  He must be one very frightened old man to be con­tem­plat­ing such pre­ma­ture publication.

With credit and thanks to former CIA ana­lyst, cur­rent truth-teller and gen­eral pain in the “regnum” to the intel­li­gence estab­lish­ment, Ray McGov­ern, and also Sander Venema for his eleg­antly clas­sical rework­ing of the final image.

Interview about Iran on The Real News Network

Fol­low­ing on from the art­icle former CIA ana­lyst, Ray McGov­ern, and I co-authored last month about the pos­sible “fix­ing” of intel­li­gence around Iran, here is a sub­sequent inter­view we did for The Real News Net­work:

Will MI6 “fix” intelligence on Iran?

By:    Ray McGov­ern, former CIA ana­lyst and Annie Machon, former MI5 intel­li­gence officer

Recent remarks by the head of MI6, Sir John Saw­ers, leave us won­der­ing if the Secret Intel­li­gence Ser­vice is pre­par­ing to “fix” intel­li­gence on Iran, as his imme­di­ate pre­de­cessor, Sir John Scar­lett, did on Iraq.

Scarlett’s pre-Iraq war role in cre­at­ing “dodgy dossiers” hyp­ing the threat of non-existent “weapons of mass destruc­tion” is well known.  As for Saw­ers, the red warn­ing light for politi­ciz­a­tion blinked brightly on July 4, as he told Brit­ish senior civil ser­vants that Iran is “two years away” from becom­ing a “nuc­lear weapons state.”  How did Saw­ers come up with “two years?”

Since late 2007, the bench­mark for weigh­ing Iran’s nuc­lear pro­gram has been the unan­im­ous assess­ment by all 16 U.S. intel­li­gence agen­cies that Iran hal­ted its nuc­lear weapons pro­gram in late 2003 and that, as of mid-2007, had not restar­ted it.  Those judg­ments have been reval­id­ated every year since — des­pite strong pres­sure to bow to more omin­ous — but evidence-light — assess­ments by Israel and its neo-conservative supporters.

Intel­li­gence Can Make a Difference

The 2007 the US National Intel­li­gence Estim­ate helped to thwart plans to attack Iran in 2008, the last year of the Bush/Cheney admin­is­tra­tion.  This shines through in George Bush’s own mem­oir, Decision Points, in which he rues the NIE’s “eye-popping declar­a­tion: ‘We judge with high con­fid­ence that in fall 2003, Tehran hal­ted its nuc­lear weapons program.’”

Bush con­tin­ues, “But after the NIE, how could I pos­sibly explain using the mil­it­ary to des­troy the nuc­lear facil­it­ies of a coun­try the intel­li­gence com­munity said had no act­ive nuc­lear weapons pro­gram?” (Decision Points, p. 419)

Hands tied on the mil­it­ary side, US cov­ert oper­a­tions flowered, with $400 mil­lion appro­pri­ated at that same time for a major escal­a­tion of the dark-side struggle against Iran, accord­ing to mil­it­ary, intel­li­gence, and con­gres­sional sources cited by Sey­mour Hersh in 2008.  This clandes­tine but all-too-real war on Iran has included attacks with com­puter vir­uses, the murders of Ira­nian sci­ent­ists, and what the Israelis call the “unnat­ural” demise of senior offi­cials like Revolu­tion­ary Guards Major Gen­eral Has­san Moghad­dam father of Iran’s mis­sile program.

Moghad­dam was killed in a large explo­sion last Novem­ber, with Time magazine cit­ing a “west­ern intel­li­gence source” as say­ing the Israel’s Mossad was behind the blast.  More threat­en­ing still to Iran are the severe eco­nomic sanc­tions, which are tan­tamount to an act of war.

Israeli Prime Min­is­ter Ben­jamin Net­an­yahu and pro-Israel neo-conservatives in the U.S. and else­where have been push­ing hard for an attack on Iran, seiz­ing every pre­text they can find.  Net­an­yahu was sus­pi­ciously fast off the blocks, for example, in claim­ing that Iran was behind the tra­gic ter­ror­ist bomb­ing of Israeli tour­ists in Bul­garia on July 18, des­pite Bul­garian author­it­ies and even the White House warn­ing that it is too early to attrib­ute responsibility.

Netanyahu’s instant indict­ment of Iran strongly sug­gests he is look­ing for excuses to up the ante.  With the Per­sian Gulf look­ing like an acci­dent wait­ing to hap­pen, stocked as it is with war­ships from the U.S., the U.K. and else­where — and with no fail-safe way of com­mu­nic­at­ing with Ira­nian naval com­mand­ers — an escalation-generating acci­dent or pro­voca­tion is now more likely than ever.

July 23: Mark­ing a Day of Infamy

Oddly, Sawers’s speech of July 4 came just as an import­ant date approached — the tenth anniversary of a sad day for Brit­ish intel­li­gence on Iraq.  On July 23, 2002 at a meet­ing at 10 Down­ing Street, then-MI6 head, John Dear­love, briefed Tony Blair and other senior offi­cials on his talks with his Amer­ican coun­ter­part, CIA Dir­ector George Tenet, in Wash­ing­ton three days before.

In the offi­cial minutes of that brief­ing (now known as the Down­ing Street Memo), which were leaked to the Lon­don Times and pub­lished on May 1, 2005, Dear­love explains that George Bush has decided to attack Iraq and the war was to be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruc­tion.”  While then-Foreign Sec­ret­ary Jack Straw points out that the case was “thin,” Dear­love explains matter-of-factly, “The intel­li­gence and facts are being fixed around the policy.”

There is no sign in the minutes that any­one hic­cupped — much less demurred — at mak­ing a case for war and fur­ther­ing Blair’s determ­in­a­tion to join Bush in launch­ing the kind of “war of aggres­sion” out­lawed by the post-world war Nurem­berg Tribunal and the UN treaty.

Helped by the acqui­es­cence of their chief spies, the Blair gov­ern­ment main­lined into the body politic un-assessed, raw intel­li­gence and forged doc­u­ments, with dis­astrous con­sequences for the world.

UK cit­izens were spoon-fed fake intel­li­gence in the Septem­ber Dossier (2002) and then, just six weeks before the attack on Iraq, the “Dodgy Dossier”, based largely on a 12-year old PhD thesis culled from the Inter­net — all presen­ted by spy and politi­cian alike as omin­ous pre­mon­it­ory intelligence.

So was made the case for war. All lies, res­ult­ing in hun­dreds of thou­sands dead and maimed and mil­lions of Iraqis dis­placed — yet no one held to account.

Sir Richard Dear­love, who might have pre­ven­ted this had he had the integ­rity to speak out, was allowed to retire with full hon­ours and became the Mas­ter of a Cam­bridge col­lege.  John Scar­lett, who as chair of the Joint Intel­li­gence Com­mit­tee signed off the fraud­u­lent dossiers, was rewar­ded with the top spy job at MI6 and a knight­hood. George W. Bush gave George Tenet the Pres­id­en­tial Medal of Free­dom — the highest civil­ian award.

What need have we for fur­ther proof? “So are they all, all hon­our­able men” — remin­is­cent of those stand­ing with Bru­tus in Shakespeare’s play, but with no Mark Anthony to expose them and stir the appro­pri­ate pop­u­lar reaction.

Therein lies the prob­lem: instead of being held account­able, these “hon­our­able men” were, well, hon­oured. Their soft land­ings offer a nox­ious object les­son for ambi­tious bur­eau­crats who are ready to play fast and loose with the truth and trim their sails to the pre­vail­ing winds.

Ill-got hon­ours offer neither deterrent nor dis­in­cent­ive to cur­rent and future intel­li­gence chiefs temp­ted to fol­low suit and cor­rupt intel­li­gence rather than chal­lenge their polit­ical lead­ers with hard, un-“fixed” facts. Integ­rity? In this milieu integ­rity brings know­ing smirks rather than hon­ours. And it can get you kicked out of the club.

Fix­ing Intel­li­gence on Iran

Are we in for another round of “fix­ing” — this time on Iran? We may know soon.  Israeli Prime Min­is­ter Net­an­yahu, cit­ing the ter­ror­ist attack in Bul­garia, has already provided what amounts to a vari­ation on Dearlove’s ten-year old theme regard­ing how war can be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruction.”

Accord­ing to the Jer­u­s­alem Post on July 17, Net­an­yahu said that all coun­tries that under­stand that Iran is an exporter of world ter­ror must join Israel in “stat­ing that fact clearly,” in order to emphas­ize the import­ance of pre­vent­ing Iran from obtain­ing a nuc­lear weapon.

Appear­ing yes­ter­day on Fox News Sunday and CBS’s Face the Nation, Net­an­yahu returned to that theme. Put­ting the blame for the ter­ror­ist attack in Bul­garia squarely on Iran (and Hezbol­lah), Net­an­yahu warned of the increased dangers that would accrue if Iran acquired nuc­lear weapons. “What would be the con­sequences if the most dan­ger­ous régime in the world got the world’s most dan­ger­ous weapons?”.

Will MI6 chief Saw­ers model his con­duct on that of his pre­de­cessors who “jus­ti­fied” war on Iraq? Will he “fix” intel­li­gence around U.K./U.S./Israeli policy on Iran? Par­lia­ment­ary over­seers should demand a brief­ing from Saw­ers forth­with, before erstwhile bull­dog Bri­tain is again dragged like a poodle into another unne­ces­sary war.

Annie Machon is a former intel­li­gence officer in the UK’s MI5 Secur­ity Ser­vice and Ray McGov­ern is a fomer U.S Army Intel­li­gence Officer and CIA analyst.

21st Century Pacificism (The Old Stuff)

The_ScreamI have always been ideo­lo­gic­ally opposed to war and all the hor­rors that flow in its wake: agon­ising fear and death, fam­ine, dis­place­ment, maim­ing, tor­ture, rape, intern­ment and the break­down of all the hard-won val­ues of civ­il­ised human law and behaviour.

Look­ing back, I think that was partly why I was attrac­ted to work in dip­lomacy and how I ended up being enticed into intel­li­gence. These worlds, although by no means per­fect, could con­ceiv­ably be seen as the last-ditch defences before a coun­try goes bel­low­ing into all-out war.

I marched against the Iraq war, toured the UK to speak at Stop the War meet­ings, worked with Make Wars His­tory, and have cease­lessly spoken out and writ­ten about these and related issues.

Alastair_Campbell_1Today in the UK we have reached a con­sensus that Blair’s gov­ern­ment lied to the coun­try into the Iraq war on the false premise of weapons of mass destruc­tion, and sub­sequently enabled the Bush admin­is­tra­tion to do the same in the USA, hyp­ing up the threat of a nuc­lear Iraq using false intel­li­gence provided by MI6.

Mil­lions of people marched then, and mil­lions of people con­tinue to protest against the ongo­ing engorge­ment of the military/intelligence com­plex, but noth­ing ever seems to change.  It’s demo­crat­ic­ally dis­em­power­ing and an ener­vat­ing exper­i­ence.  What can we do about it?

I have a couple of sug­ges­tions (The New Stuff), but first let’s look at some of the most egre­gious cur­rent fake realities.

David_CameronLast year we had the spec­tacle of the cur­rent No 10 incum­bent, Dave Cameron, stat­ing that the Libyan inter­ven­tion would be noth­ing like Iraq — it would be “neces­sary, legal and right”. But there was no sub­sequent joined-up think­ing, and Blair and his cronies have still not been held to account for the Iraq gen­o­cide, des­pite prima facie breaches of inter­na­tional war law and of the Offi­cial Secrets Act.…

Abdelhakim-BelhajBut help might be at hand for those inter­ested in justice, cour­tesy of Abdel Hakim Bel­haj, former Libyan Islamic Fight­ing Group leader, MI6 kid­nap­ping and tor­ture vic­tim, and cur­rent mil­it­ary com­mander in Tripoli.

After NATO’s human­it­arian bomb­ing of Libya last year and the fall of Gaddafi’s régime, some ser­i­ously embar­rass­ing paper­work was found in the aban­doned office of Libyan For­eign Min­is­ter and former spy head honcho, Musa Kusa (who fled to the UK and sub­sequently on to Qatar).

These let­ters, sent in 2004 by former MI6 Head of Ter­ror­ism and cur­rent BP con­sult­ant, Sir Mark Allen, gloat­ingly offer up the hap­less Bel­haj to the Liby­ans for tor­ture.  It almost seems like MI6 wanted a gold star from their new best­est friends.

Bel­haj, under­stand­ably, is still slightly peeved about this and is now suing MI6. As a res­ult, a frantic damage-limitation exer­cise is going on, with MI6 try­ing to buy his silence with a mil­lion quid, and scat­ter­ing unat­trib­uted quotes across the Brit­ish media: “it wasn’t us, gov, it was the, er, government.…”.

Which drops either (or both) Tony Blair and Jack Straw eyebrow-deep in the stink­ing cesspit. One or other of them should have signed off on Belhaj’s kid­nap­ping, know­ing he would be tor­tured in Tripoli. Or per­haps they actu­ally are inno­cent of this.…. but if they didn’t sign off on the Bel­haj extraordin­ary kid­nap­ping, then MI6 was run­ning rampant, work­ing out­side the law on their watch.

Either way, there are ser­i­ous ques­tions to be answered.

Jack_StrawBoth these upstand­ing politi­cians are, of course, suf­fer­ing from polit­ical amne­sia about this case. In fact, Jack Straw, the For­eign Sec­ret­ary at the time of the kid­nap­ping, has said that he can­not have been expec­ted to know everything the spies got up to — even though that was pre­cisely his job, as he was respons­ible for them under the terms of the Intel­li­gence Secur­ity Act 1994, and should cer­tainly have had to clear an oper­a­tion so polit­ic­ally sensitive.

In the wake of Afgh­anistan, Iraq and Libya, what wor­ries me now is that exactly the same reas­ons, with politi­cians mouth­ing exactly the same plat­it­ud­in­ous “truths”, are being pushed to jus­tify an increas­ingly inev­it­able strike against Iran.

Depress­ing as this all is, I would sug­gest that protest­ing each new, indi­vidual war is not the neces­sar­ily the most effect­ive response.  Just as the world’s mar­kets have been glob­al­ised, so mani­festly to the bene­fit of all we 99%-ers, have many other issues.

Unlike Dave Cameron, we need to apply some joined-up think­ing.  Global protest groups need to counter more than indi­vidual wars in Iraq, Afgh­anistan, Pakistan, Somalia, Libya, Sudan (North and South), Syria, Iran.….. sorry, I’m get­ting writer’s cramp just enu­mer­at­ing all the cur­rent wars.

Give me a while to over­come my moral spasm, and I shall return with a few sug­ges­tions about pos­sible ways for­ward — 21st Cen­tury Paci­fism; the New Stuff.

Iran_and_US_bases

Make Wars History UK Tour, 2009

In Janu­ary and Feb­ru­ary 2009 Chris Cover­dale toured the UK speak­ing at Make Wars His­tory meet­ings.  I had the pleas­ure of intro­du­cing him at a num­ber of events.  The first date of the tour was in Liverpool:

The UK Spies: Ineffective, Unethical and Unaccountable

The text of my art­icle for e-International Rela­tions, March 2008:

The UK Intel­li­gence Com­munity: Inef­fect­ive, Uneth­ical and Unaccountable

The USA and the UK are enmeshed in an appar­ently unend­ing war of attri­tion – sorry peace­keep­ing — in Iraq.  Why? Well, we may remem­ber that the UK was assured by former Prime Min­is­ter Tony Blair, in sin­cere terms, that Sad­dam Hus­sein pos­sessed weapons of mass destruc­tion which could be deployed again Brit­ish interests within 45 minutes.  Indeed the press was awash with “45 minutes from Armaged­don” head­lines on 18th March 2003, the day of the cru­cial war debate in the Brit­ish par­lia­ment. The implic­a­tion was that Bri­tain was dir­ectly at threat from the evil Iraqis.

The US var­ied the diet.  George Bush, in his State of the Union address before the war, assured his nation that Iraq had been attempt­ing to buy mater­ial to make nuc­lear weapons from Niger.  The Amer­ican media and pub­lic fell for this claim, hook, line and sinker.

What do these two erro­neous claims have in com­mon?  Well, both were “sexed up” for pub­lic consumption.

We all know now that there never were any WMDs to be found in Iraq.  After 10 years of pun­it­ive sanc­tions, the coun­try simply didn’t have the cap­ab­il­ity, even if it had the will, to develop them.  The Niger claim is even more tenu­ous.  This was based on an intel­li­gence report eman­at­ing from the Brit­ish Secret Intel­li­gence Ser­vice (com­monly know as SIS or MI6), which was based on forgeries.

We have had head­line after scream­ing head­line stat­ing that yet another ter­ror­ist cell has been roun­ded up in Bri­tain. The Ricin plot? The behead­ing of a Brit­ish Muslim ser­vice­man? The liquid bombs on air­planes?  Yet, if one reads the news­pa­pers care­fully, one finds that charges are dropped quietly after a few months.

So, why is this hap­pen­ing?  I can haz­ard a few guesses.  In the 1990s I worked for 6 years as an intel­li­gence officer for MI5, invest­ig­at­ing polit­ical “sub­vers­ives”, Irish ter­ror­ists, and Middle East­ern ter­ror­ism.  In late 1996 I, with my then part­ner and col­league David Shayler, left the ser­vice in dis­gust at the incom­pet­ent and cor­rupt cul­ture to blow the whistle on the UK intel­li­gence estab­lish­ment.  This was not a case of sour grapes – we were both com­pet­ent officers who reg­u­larly received per­form­ance related bonuses.

How­ever, we had grown increas­ingly con­cerned about breaches of the law; ineptitude (which led to bombs going off that could and should have been pre­ven­ted); files on politi­cians; the jail­ing of inno­cent people; illegal phone taps; and the illegal spon­sor­ing of ter­ror­ism abroad, fun­ded by UK tax-payers.

The key reason that we left and went pub­lic is prob­ably one of the most hein­ous crimes – SIS fun­ded an Islamic extrem­ist group in Libya to try to assas­sin­ate Col­onel Gad­dafi in 1996.  The attack failed, but killed inno­cent people.  The attack was also illegal under Brit­ish law.  The 1994 intel­li­gence Ser­vices Act, which put SIS on a legal foot­ing for the first time in its 80 year his­tory, stated that its officers were immune from pro­sec­u­tion in the UK for illegal acts com­mit­ted abroad, if they had the prior writ­ten per­mis­sion of its polit­ical mas­ter – ie the For­eign Sec­ret­ary.  In this case they did not.

So, the assas­sin­a­tion attempt was not only immoral, uneth­ical and highly reck­less in a volat­ile area of the world, but also illegal under Brit­ish law.

In August 1997 we went pub­lic in a national Brit­ish news­pa­per about our con­cerns.  We hoped that the newly-elected Labour gov­ern­ment would take our evid­ence and begin an invest­ig­a­tion of the intel­li­gence agen­cies.  After all, many Labour MPs had been on the receiv­ing end of spook invest­ig­a­tions in their rad­ical youth.  Many had also opposed the dra­conian UK law, the Offi­cial Secrets Act (OSA 1989), which deprived an intel­li­gence whis­tleblower of a pub­lic interest defence.

How­ever, it was not to be.  I have no proof, but I can spec­u­late that the Labour gov­ern­ment did the spies’ bid­ding for fear of what might be on their MI5 files. They issued an injunc­tion against David and the national press.  They failed to extra­dite him from France in 1998 but, when he returned vol­un­tar­ily to face trail in the UK in 2000, they lynched him in the media.  They also ensured that, through a series of pre-trial legal hear­ings, he was not allowed to say any­thing in his own defence and was not able to freely ques­tion his accusers.  Indeed the judge ordered the jury to convict.

The whole sorry saga of the Shayler affair shows in detail how the Brit­ish estab­lish­ment will always shoot the mes­sen­ger to pro­tect its own interests.  If the Brit­ish gov­ern­ment had taken Shayler’s evid­ence, invest­ig­ated his dis­clos­ures, and reformed the ser­vices so that they were sub­ject to effect­ive over­sight and had to obey the law, they may well be work­ing more effi­ciently to pro­tect us from threats to our national’s secur­ity.  After all, the focus of their work is now counter-terrorism, and they use the same resources and tech­niques as the police.  Why should they not be sub­ject to the same checks and balances?

Instead, MI5 and SIS con­tinue to oper­ate out­side mean­ing­ful demo­cratic con­trol.  Their cul­tures are self-perpetuating olig­arch­ies, where mis­takes are glossed over and repeated, and where ques­tions and inde­pend­ent thought are dis­cour­aged.  We deserve better.

 

AltVoices Article, June 2007

My art­icle in Alt​Voices​.org, June 2007:

THE OFFICIAL SILENCING ACT

Last month the UK’s dra­conian secrecy laws were again used to crim­in­al­ise two hon­our­able whis­tleblowers. The UK’s supine main­stream media failed both to ques­tion the valid­ity of these con­vic­tions and to hold the gov­ern­ment to account.

by Annie Machon

On May 9 David Keogh, a 50-year-old com­mu­nic­a­tions officer in the Cab­inet Office, and Leo O’Connor, 44, a researcher for an anti-war Labour MP, were con­victed of breach­ing the Offi­cial Secrets Act (1989).

Keogh’s crime was to have leaked an “extremely sens­it­ive” memo to O’Connor, detail­ing a con­ver­sa­tion about Iraq between Tony Blair and George W. Bush in April 2004.

Keogh passed the doc­u­ment to O’Connor to give to his MP in the hope it would reach the pub­lic domain, expose Bush as a “mad­man”, and lead to ques­tions in Par­lia­ment. The memo was deemed to be so secret that much of the trial was held in camera.

Keogh was found guilty of two breaches of the OSA, O’Connor of one, and they received sen­tences of six months and three months respectively.

This bald sum­mary of the case was all that appeared in the main­stream UK media. No doubt many people will have taken this case at face value. After all, the UK should be able to pro­tect its national secur­ity and impose tough legal sanc­tions for treach­ery, shouldn’t it?

Except that this was not treach­ery. Keogh and O’Connor were not passing the UK’s secrets to an enemy power. They acted from con­science to expose pos­sible wrong­do­ing at the highest level.

The media should have use this trial to address the ongo­ing debate in the UK about the con­tinual use and abuse of the OSA. Unfor­tu­nately for the Brit­ish people, the media toed the offi­cial line and kept quiet.

The UK’s secrecy laws are a very Brit­ish muddle. The first OSA was enacted in 1911 to pro­sec­ute trait­ors. This law remained in place until the 1980s, when the Thatcher gov­ern­ment was rocked by the alleg­a­tions of civil ser­vant Clive Pont­ing about a cover-up over the attack on the Argen­tine ship the Gen­eral Bel­grano dur­ing the Falk­lands War.

Dur­ing his trial, Pont­ing relied on the pub­lic interest defence avail­able under the 1911 Act. He was acquit­ted, and the Con­ser­vat­ive gov­ern­ment imme­di­ately drew up a new law, the 1989 OSA. This new law was designed primar­ily to intim­id­ate and silence whis­tleblowers. Treach­ery is still pro­sec­uted under the 1911 Act.

The 1989 Act, opposed at the time by Tony Blair and most of the cur­rent Labour gov­ern­ment, ensures that any­one who is or has been a mem­ber of the intel­li­gence com­munity faces two years in prison if they dis­close inform­a­tion relat­ing to their work without per­mis­sion, regard­less of whether they are blow­ing the whistle on crim­inal activity.

Since com­ing to power in 1997, Blair’s gov­ern­ment has repeatedly used this Act to sup­press legit­im­ate dis­sent, silence polit­ical oppos­i­tion and pro­tect crim­in­als within the intel­li­gence establishment.

In 1997, MI6 whis­tleblower Richard Tom­lin­son had no option but to plead guilty dur­ing his trial, and was sen­tenced to six months in prison.

Around the same time MI5 whis­tleblower David Shayler dis­closed the illegal 1995 MI6 plot to assas­sin­ate Col­onel Gad­dafi of Libya, as well as a string of other crimes com­mit­ted by MI5.

Dur­ing his trial Shayler argued that, under Art­icle 10 of the European Con­ven­tion of Human Rights, legis­la­tion such as the OSA is only pro­por­tion­ate in sup­press­ing a whistleblower’s right to speak out in order to pro­tect “national security”.

How­ever, his judges effect­ively ruled that this right should also be cur­tailed for “national interest” con­sid­er­a­tions. This neb­u­lous concept, undefined for the pur­poses of the OSA, is routinely wheeled out to spare the blushes of politi­cians and incom­pet­ent spy agencies.

In 2002 Shayler did win from the courts the defence of “neces­sity”. How­ever, the Law Lords spe­cific­ally denied him this defence without hear­ing his evid­ence. Shayler was con­victed in Novem­ber 2002 of three breaches of the OSA and sen­tenced to six months in prison.

In 2003 the late Dr David Kelly would also have faced an OSA trial for his alleged com­ments about the gov­ern­ment “sex­ing up” the notori­ous dodgy dossier before the war in Iraq.

The 1989 OSA does not just apply to those in and around the intel­li­gence com­munity. Other civil ser­vants, as well as journ­al­ists who pub­lish their dis­clos­ures, face the same prison sen­tence if the pro­sec­u­tion can prove “dam­age to national secur­ity”. Keogh and O’Connor were con­victed under these pro­vi­sions, although the pro­sec­u­tion reportedly relied only on the “national interest” argument.

The UK gov­ern­ment is increas­ingly con­cerned about secur­ity leaks dur­ing the unend­ing “war on ter­ror”, and is now talk­ing about doub­ling to four years the sen­tence for whistleblowing.

By fail­ing to chal­lenge this or to cam­paign for the res­tor­a­tion of the pub­lic interest defence, journ­al­ists are com­pli­cit in crim­in­al­ising hon­our­able people. The media’s craven atti­tude allows the gov­ern­ment and intel­li­gence agen­cies to con­tinue lit­er­ally to get away with murder.