Talk at the Icelandic Centre for Investigative Journalism

Wikileaks spokes­man, Kris­tinn Hrafns­son, invited me to speak at the Icelandic Centre for Invest­ig­at­ive Journ­al­ism while I was in Ice­land in February.

While focus­ing on the inter­sec­tion and con­trol between intel­li­gence and the media, my talk also explores many of my other cur­rent areas of interest.

Ice­land Journ­al­ists talk 2013 from Annie Machon on Vimeo.

Lies, damned lies, and newspaper reporting…

Also on the Huff­ing­ton Post UK, RT, The Real News Net­work, nsnbc, and Inform­a­tion Clear­ing House:

Where to start with this tangled skein of media spin, mis­rep­res­ent­a­tion and out­right hypocrisy?

Last week the Sam Adams Asso­ci­ates for Integ­rity in Intel­li­gence presen­ted this year’s award to Dr Tom Fin­gar at a cere­mony jointly hos­ted by the pres­ti­gi­ous Oxford Union Soci­ety.

Thomas_FingarDr Fin­gar, cur­rently a vis­it­ing lec­turer at Oxford, had in 2007 co-ordinated the pro­duc­tion of the US National Intel­li­gence Estim­ate — the com­bined ana­lysis of all 16 of America’s intel­li­gence agen­cies — which assessed that the Ira­nian nuc­lear weapon­isa­tion pro­gramme had ceased in 2003.  This con­sidered and author­it­at­ive Estim­ate dir­ectly thwarted the 2008 US drive towards war against Iran, and has been reaf­firmed every year since then.

By the very fact of doing his job of provid­ing dis­pas­sion­ate and object­ive assess­ments and res­ist­ing any pres­sure to politi­cise the intel­li­gence (à la Down­ing Street Memo), Dr Fingar’s work is out­stand­ing and he is the win­ner of Sam Adams Award, 2012.  This may say some­thing about the par­lous state of our intel­li­gence agen­cies gen­er­ally, but don’t get me star­ted on that…

Any­way, as I said, the award cere­mony was co-hosted by the Oxford Union Soci­ety last week, and many Sam Adams Asso­ci­ates atten­ded, often trav­el­ling long dis­tances to do so.  Former win­ners were asked to speak at the cere­mony, such as FBI Coleen Row­ley, GCHQ Kath­er­ine Gun, NSA Thomas Drake, and former UK Ambas­sador Craig Mur­ray.  Other asso­ci­ates, includ­ing CIA Ray McGov­ern, dip­lo­mats Ann Wright and Brady Kiesling and myself also said a few words.  As former insiders and whis­tleblowers, we recog­nised the vitally import­ant work that Dr Fin­gar had done and all spoke about the import­ance of integ­rity in intelligence.

One other pre­vi­ous win­ner of the Sam Adams Award was also invited to speak — Julian Assange of Wikileaks.  He spoke elo­quently about the need for integ­rity and was gra­cious in prais­ing the work of Dr Fingar.

All the national and inter­na­tional media were invited to attend what was an his­toric gath­er­ing of inter­na­tional whis­lteblowers and cover an award given to someone who, by doing their job with integ­rity, pre­ven­ted yet fur­ther ruin­ous war and blood­shed in the Middle East.

Few atten­ded, still fewer repor­ted on the event, and the prom­ised live stream­ing on You­tube was blocked by shad­owy powers at the very last minute — an irony con­sid­er­ing the Oxford Union is renowned as a free speech society.

But worse was to come.  The next day The Guard­ian news­pa­per, which his­tor­ic­ally fell out with Wikileaks, pub­lished a myopic hit-piece about the event. No men­tion of all the whis­tleblowers who atten­ded and what they said, no men­tion of the award to Dr Fin­gar, no men­tion of the fact that his work saved the Ira­nian people from need­less war.

Oh no, the entire piece focused on the taw­dry alleg­a­tions eman­at­ing from Sweden about Julian Assange’s extra­di­tion case.  Dis­count­ing the 450 stu­dents who applauded all the speeches, dis­count­ing all the ser­i­ous points raised by Julian Assange dur­ing his present­a­tion, and dis­count­ing the speeches of all the other inter­na­tion­ally renowned whis­tleblowers present that even­ing, The Guardian’s reporter, Amelia Hill, focused on the small demo out­side the event and the only three attendees she could appar­ently find to cri­ti­cise the fact that a plat­form, any plat­form, had been given to Assange from his polit­ical asylum at the Ecuadorian Embassy.

Amelia_HillSo this is where we arrive at the deep, really deep, hypo­crisy of the even­ing.  Amelia Hill is, I’m assum­ing,  the same Guard­ian journ­al­ist who was threatened in 2011 with pro­sec­u­tion under the Offi­cial Secrets Act.  She had allegedly been receiv­ing leaks from the Met­ro­pol­itan Police about the on-going invest­ig­a­tion into the News of the World phone-hacking scandal.

At the time Fleet Street was up in arms — how dare the police threaten one of their own with pro­sec­u­tion under the OSA for expos­ing insti­tu­tional cor­rup­tion? Shades of the Shayler case were used in her defence. As I wrote at the time, it’s a shame the UK media could not have been more con­sist­ently robust in con­demning the chilling effects of the OSA on the free-flow of inform­a­tion and pro­tect all the Poor Bloody Whis­tleblowers, and not just come out fight­ing when it is one of their own being threatened.  Such is the way of the world.…

But really, Ms Hill — if you are indeed the same reporter who was threatened with pro­sec­u­tion in 2011 under the OSA — exam­ine your conscience.

How can you write a hit-piece focus­ing purely on Assange — a man who has designed a pub­lish­ing sys­tem to pro­tect poten­tial whis­tleblowers from pre­cisely such dra­conian secrecy laws as you were hyper­bol­ic­ally threatened with? And how could you, at the same time, air­brush out of his­tory the testi­mony of so many whis­tleblowers gathered together, many of whom have indeed been arres­ted and have faced pro­sec­u­tion under the terms of the OSA or US secrecy legislation?

Have you no shame?  You know how fright­en­ing it is to be faced with such a prosecution.

Your hypo­crisy is breath-taking.

The offence was com­poun­ded when the Sam Adams Asso­ci­ates all wrote a let­ter to The Guard­ian to set the record straight. The ori­ginal let­ter is repro­duced below, and this is what was pub­lished.  Of course, The Guard­ian has a per­fect right under its Terms and Con­di­tions to edit the let­ter, but I would like every­one to see how this can be used and abused.

And the old media won­ders why they are in decline?

Let­ter to The Guard­ian, 29 Janu­ary 2013:

Dear Sir

With regard to the 24 Janu­ary art­icle in The Guard­ian entitled “Julian Assange Finds No Allies and Tough Quer­ies in Oxford Uni­ver­sity Talk,” we ques­tion whether the newspaper’s reporter was actu­ally present at the event, since the account con­tains so many false and mis­lead­ing statements.

If The Guard­ian could “find no allies” of Mr. Assange, it did not look very hard! They could be found among the appre­ci­at­ive audi­ence of the packed Oxford Union Debate Hall, and — in case you missed us — in the group seated right at the front of the Hall: the Sam Adams Asso­ci­ates for Integ­rity in Intelligence.

Many in our group — which, you might be inter­ested to know co-sponsored the event with Oxford Union — had traveled con­sid­er­able dis­tances at our own expense to con­fer the 10th annual Sam Adams award to Dr. Thomas Fin­gar for his work on over­see­ing the 2007 National Intel­li­gence Estim­ate that revealed the lack of an Ira­nian nuc­lear weapon­iz­a­tion program.

Many of us spoke in turn about the need for integ­rity in intel­li­gence, describ­ing the ter­rible eth­ical dilemma that con­fronts gov­ern­ment employ­ees who wit­ness illegal activ­ity includ­ing ser­i­ous threats to pub­lic safety and fraud, waste and abuse.

But none of this made it into what was sup­posed to pass for a news art­icle; neither did any aspect of the accept­ance speech delivered by Dr. Fin­gar. Also, why did The Guard­ian fail to provide even one sali­ent quote from Mr Assange’s sub­stan­tial twenty-minute address?

By cen­sor­ing the con­tri­bu­tions of the Sam Adams Asso­ci­ates and the speeches by Dr. Fin­gar and Mr. Assange, and by focus­ing exclus­ively on taw­dry and unproven alleg­a­tions against Mr. Assange, rather than on the import­ance of expos­ing war crimes and main­tain­ing integ­rity in intel­li­gence pro­cesses, The Guard­ian has suc­ceeded in dimin­ish­ing none but itself.

Sin­cerely,

The Sam Adams Asso­ci­ates for Integ­rity in Intelligence:

Ann Wright (retired Army Col­onel and For­eign Ser­vice Officer of US State Depart­ment), Ray McGov­ern (retired CIA ana­lyst), Eliza­beth Mur­ray (retired CIA ana­lyst), Coleen Row­ley (retired FBI agent), Annie Machon (former MI5 intel­li­gence officer), Thomas Drake (former NSA offi­cial), Craig Mur­ray (former Brit­ish Ambas­sador), David MacMi­chael (retired CIA ana­lyst), Brady Kiesling (former For­eign Ser­vice Officer of US State Depart­ment), and Todd Pierce (retired U.S. Army Major, Judge Advoc­ate, Guantanamo Defense Counsel).

The Free Speech Debate

My recent inter­view for the excel­lent Oxford Uni­ver­sity Free Speech Debate pro­ject, run by Pro­fessor Timothy Gar­ton Ash.  I dis­cuss whis­tleblow­ing, the Offi­cial Secrets Act, Wikileaks and much more:

The Real News Network on Whistleblowing, Part 2

Part Two of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

The Lindmo Show, Norway

Fol­low­ing on from my talk at the Nor­we­gian SKUP invest­ig­at­ive journ­al­ism con­fer­ence in March, I was invited onto the Anne Lindmo Show in Nor­way on 4 May.

Anne is one of the most fam­ous and respec­ted journ­al­ists in Nor­way, and her chat show is extremely pop­u­lar on prime time NRK TV on Fri­day nights.  We had a lively ses­sion dis­cuss­ing the world of spy­ing, what it was like to blow the whistle and go on the run, and the per­sonal price that has to be paid.

Here’s the link to the whole show, and here’s my seg­ment:

Lindmo inter­view on Nor­we­gian TV from Annie Machon on Vimeo.

La Conférence régionale du journalisme d’enquête, Geneva

Swiss_Press_Club_PhotoThe end of April saw me bask­ing in the hot and sunny weather of Geneva, where I had been invited to give a talk (Down­load Geneva) at the Swiss Press Club.

We had a lovely time in Geneva, and many thanks to Jean-Philippe Ceppi and the rest of the team for such a warm, inter­ested and inter­est­ing welcome.

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

The Scandinavian Tour 2012

I had an immensely stim­u­lat­ing time dur­ing my recent mini-tour of Scand­inavian invest­ig­at­ive journ­al­ism con­fer­ences, meet­ing informed, inter­est­ing, and inter­ested people.

The focus of my talks was the nexus between the intel­li­gence world and the media — les­sons I had learned, researched and deduced dur­ing the whis­tleblow­ing years and bey­ond.  I have heard so many hair-raising media stor­ies over the years.…

And, hav­ing listened to the exper­i­ences of journ­al­ists from a wide vari­ety of other coun­tries, it seems I am on the right track.

Grav_talkFirst stop was the Grav con­fer­ence in Sweden, where I gave a talk and had the pleas­ure of meet­ing invest­ig­at­ive journ­al­ists who con­firmed what I was say­ing, even if some of them didn’t think I had quite gone far enough!  We also had fun at the “min­gel” evening.

Next stop, next day, was the SKUP con­fer­ence in Nor­way where I did a talk, and also a debate about the media and whis­tleblowers.  Note to self: never, ever agree to do a morn­ing debate after the legendary SKUP party the night before.

Finally, last week­end, I vis­ited the Tutki 2012 journ­al­ism con­fer­ence in Fin­land (Down­load Helsinki_Talk).  The response was over­whelm­ingly pos­it­ive, and once again I had con­firm­a­tion of what I was say­ing from the journ­al­ists themselves.

So what can we do about this situ­ation?  I shall keep spread­ing the word, and the journ­al­ists them­selves just need to keep say­ing a resound­ing “no” to the induce­ments, at least if they want to work on mean­ing­ful invest­ig­a­tions.  And what real journ­al­ist doesn’t, au fond?

Next stop Geneva, which is why I’m limber­ing up with the French.

Mediafabric talk, Prague, October 2011

Last Octo­ber I had the pleas­ure of speak­ing at the excel­lent Medi­afab­ric con­fer­ence in Prague.  The focus of my talk was the future of intel­li­gence, whis­tleblow­ing and journalism.

The event was organ­ised by Source­fab­ric, an inter­na­tional organ­isa­tion that provides open source tools and solu­tions for journ­al­ists, so it was an eclectic and stim­u­lat­ing crowd of journ­al­ists, geeks, hack­tav­ists and design­ers.   So well done and thank you to the organisers.

Here’s the video:

The Official Secrets Act — when will the British media learn?

I have been watch­ing with a cer­tain cyn­ical interest the unfold­ing of Oper­a­tion Weet­ing, one of the pleth­ora of Met­ro­pol­itan Police invest­ig­a­tions into the UK phone hack­ing scan­dal, involving many of our favour­ite play­ers: shady private invest­ig­at­ors, pred­at­ory journ­al­ists, bent cop­pers, and politi­cians con­tort­ing them­selves in an effort to pro­tect both their own repu­ta­tions and their Friends in High Places.  And the ripples are spread­ing inter­na­tion­ally.  Noth­ing like a little bit of globilisation.…

Rupert_and_Rebekah The Guard­ian news­pa­per has made most of the early run­ning in expos­ing the cor­rupt prac­tices of the now defunct News of the Screws, high­light­ing all the dubi­ous tabloid prac­tices of hack­ing, blagging, pinging, and god knows what else.  All this done with the help of bottom-feeding private invest­ig­at­ors, but also mani­festly with the help of cor­rupt police officers who were not averse to the idea of tak­ing a bribe to help their friends in Wap­ping.  And how far might this “trickle down cor­rup­tion” might have gone, um, up?

Des­pite the self-righteousness of other UK news­pa­pers, it has also now become appar­ent that these dubi­ous and poten­tially illegal prac­tices were com­mon through­out Fleet Street, and other national news­pa­pers are also under investigation.

And yet it appears that all this could have been nipped in the bud over a dec­ade ago, when Steven Nott, a con­cerned Brit­ish cit­izen, tried to expose the vul­ner­ab­il­ity of mobile phones after he stumbled across the prac­tice by acci­dent.  He took his find­ings to a vari­ety of national news­pa­pers, all of whom seem to have ini­tially thought there was a good story, but every time the news was bur­ied.  Well, I sup­pose it would be, wouldn’t it — after all, why would hacks expose a prac­tice that could be so useful?

But back to the dear old OSA and the media.

Police_news_international In yesterday’s Observer news­pa­per, it was repor­ted that the police have threatened the journ­al­ists at The Guard­ian with the Offi­cial Secrets Act (1989) to force them to dis­close the iden­tity of their source amongst the police officer(s) in Oper­a­tion Weet­ing who leaked use­ful inform­a­tion to the news­pa­per to help its expos­ure of illegal prac­tices.  And, rightly, the great and the good are up in arms about this dra­conian use of a par­tic­u­larly invi­di­ous law:

“John Cooper, a lead­ing human rights law­yer and vis­it­ing pro­fessor at Cardiff Uni­ver­sity, echoed Evans’s con­cerns. “In my view this is a mis­use of the 1989 act,” Cooper said. “Fun­da­ment­ally the act was designed to pre­vent espi­on­age. In extreme cases it can be used to pre­vent police officers tip­ping off crim­in­als about police invest­ig­a­tions or from selling their stor­ies. In this instance none of this is sug­ges­ted, and many believe what was done was in the pub­lic interest.

“Cooper added: “The police action is very likely to con­flict with art­icle 10 of the European Con­ven­tion on Human Rights, which pro­tects free­dom of speech.”

But I think he’s miss­ing a bit of recent legal his­tory here.  The UK had the 1911 OSA which was sup­posed to pro­tect the coun­try from espi­on­age and trait­ors, who faced 14 years in prison upon con­vic­tion.  Need­less to say this pro­vi­sion was rarely used — most of the cold war Soviet moles in the estab­lish­ment were allowed to slink off to the USSR, or at the very most be stripped of their “K”.

How­ever, as I’ve writ­ten before, the revised 1989 OSA was much more use­ful for the estab­lish­ment.  It was spe­cific­ally put in place to stop whis­tleblow­ing after the embar­rass­ment of the 1980s Clive Ponting/Belgrano case. 

Ponting The new act was spe­cific­ally designed to strip away the “pub­lic interest” defence used by Pont­ing in his trial, and also to pen­al­ise journ­al­ists who had the temer­ity to report leaks and whis­tleblow­ing from the heart of the estab­lish­ment.  The OSA (1989) has been used extens­ively since the late 1990s, des­pite the fact that many senior fig­ures in the former Labour gov­ern­ment opposed its pro­vi­sions when it went through Par­lia­ment.   Journ­al­ists are just as liable as whis­tleblowers or “leak­ers” under the pro­vi­sions of this act (the infam­ous Sec­tion 5).

So, back to The Guard­ian and its legal cham­pi­ons.  I agree with what they are say­ing: yes, the 1989 OSA  has a chilling effect on free­dom of speech that unduly vic­tim­ises both the whis­tleblower and the journ­al­ist; yes, it is a uniquely dra­conian law for a notional West­ern demo­cracy to have on its books; yes, there should be a defence of “act­ing in the pub­lic interest”; and yes, the OSA should be deemed to be incom­pat­ible with Sec­tion 10(2) of the European Con­ven­tion of Human Rights, guar­an­tee­ing free speech, which can only be cir­cum­scribed in the interests of “national secur­ity”, itself a leg­ally undefined, neb­u­lous, and con­tro­ver­sial phrase under Brit­ish law.

David_Shayler_High_Court But if all the out­raged law­yers read up on their case law, par­tic­u­larly the hear­ings and legal dog­fights in the run up to Regina v Shayler cases, they will see that all these issues have been addressed, appar­ently to the sat­is­fac­tion of the hon­our­able m’luds who preside over Brit­ish courts, and cer­tainly to the estab­lish­ment fig­ures who like to use the OSA as their “get out of jail free” card.

So I wish The Guard­ian journ­al­ists well in this con­front­a­tion.  But I have to say, per­haps they would not have found them­selves in this situ­ation today vis a vis the OSA if, rather than just a few brave journ­al­ists, the media insti­tu­tions them­selves had put up a more robust fight against its pro­vi­sions dur­ing its bas­tard birth in 1989 and its sub­sequent abuse.

It has been repor­ted today that the police may have down­graded their invest­ig­a­tion to a purely crim­inal mat­ter, not the OSA.  Whatever hap­pens does not obvi­ate the need for the media to launch a con­cer­ted cam­paign to call for reform of the invi­di­ous OSA.  Just because one of their own is no longer threatened does not mean the chilling threat of this law has gone away.  As Mar­tin Luther King said while imprisoned in 1963:

“Injustice any­where is a threat to justice everywhere.”

I would also sug­gest the new gen­er­a­tion work­ing in the Brit­ish media urgently read this excel­lent book­let pro­duced by John Wadham of Liberty and Art­icle 19 way back in 2000 Down­load Article_19_Liberty_on_OSA_2000,  to remind them­selves of fun­da­mental argu­ments against dra­conian legis­la­tion such as the OSA and in favour of the free­dom of the press.

Spies and the Media — my recent talk at the Centre for Investigative Journalism

Here’s the film of my talk at the recent sum­mer school at the Centre for Invest­ig­at­ive Journ­al­ism in Lon­don a month ago:

 

Many thanks to Gavin and the rest of the CIJ team for such a stim­u­lat­ing and thought-provoking weekend!

Alastair Campbell — guilty of breaching the OSA?

Alastair_Campbell_1I have long sus­pec­ted that Alastair Camp­bell, Labour’s former Dir­ector of Com­mu­nic­a­tions, may poten­tially have broken the UK’s Offi­cial Secrets Act.  Now prima facie evid­ence is begin­ning to emerge that he did indeed breach the “clear bright line” against unau­thor­ised dis­clos­ure of intelligence. 

I know that the Met­ro­pol­itan Police have their hands full invest­ig­at­ing the melt­down that is the News of the World hack­ing scan­dal — and also try­ing to replace all those senior officers who had to resign because of it — but they do have a duty to invest­ig­ate crime.  And not just any old crime, in this case, but one that has poten­tially threatened the very basis of our national security.

Why do I say this? 

Sun_45_minutes_from_doomYou’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”.  The first, the Septem­ber Dossier (2002), is the one most remembered, as this did indeed sex up the case for war, as well as include fake intel­li­gence about Sad­dam Hus­sein try­ing to acquire uranium from Niger.  Most mem­or­ably it led to the “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.

There was also the notori­ous leaked Down­ing Street Memo, where the then-head of MI6, Sir Richard Dear­love ©, was minuted as say­ing that the intel­li­gence and facts were being fit­ted around the [pre­de­ter­mined war] policy.

How­ever, for the pur­poses of a pos­sible Regina v. Camp­bell day in court, it is the second report that requires our attention.

It was pub­lished in Feb­ru­ary 2003, just before “shock and awe” was launched to lib­er­ate the grate­ful Iraqi people.   This report became known as the “Dodgy Dossier”, as it was largely lif­ted from a 12 year old PhD thesis that the spin doc­tors had found on the inter­net.  How­ever, it also included nug­gets of brand-new and unas­sessed intel­li­gence from MI6.  Indeed, even the tooth­less Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment stated in para­graph 82 of its 2002–2003 Annual Report ( Down­load ISC_2003) that:

“We believe that mater­ial pro­duced by the [intel­li­gence] Agen­cies can be used in pub­lic­a­tions and attrib­uted appro­pri­ately, but it is imper­at­ive that the Agen­cies are con­sul­ted before any of their mater­ial is pub­lished. This pro­cess was not fol­lowed when a second doc­u­ment was pro­duced in Feb­ru­ary 2003. Although the doc­u­ment did con­tain some intelligence-derived mater­ial it was not clearly attrib­uted or high­lighted amongst the other mater­ial, nor was it checked with the Agency provid­ing the intel­li­gence or cleared by the JIC prior to pub­lic­a­tion. We have been assured that sys­tems have now been put in place to ensure that this can­not hap­pen again, in that the JIC Chair­man endorses any mater­ial on behalf of the intel­li­gence com­munity prior to pub­lic­a­tion.

ISC_Iraq_reportAt the time it was repor­ted that Blair and Camp­bell had spon­tan­eously dis­trib­uted this report to journ­al­ists trav­el­ling with them on a tour of the Far East.   The ISC con­firmed that the intel­li­gence had been passed to journ­al­ists without the per­mis­sion of MI6 in its Septem­ber 2003 spe­cial report — “Iraq Weapons of Mass Destruc­tion: Intel­li­gence and Assess­ments” (see pars 131 to 134):

“The doc­u­ment was ori­gin­ally given to a num­ber of journ­al­ists over the week­end of
1 and 2 Feb­ru­ary and then placed in the Lib­rary of the House on 3 Feb­ru­ary. The Prime
Min­is­ter described the doc­u­ment as follows:

“We issued fur­ther intel­li­gence over the week­end about the infra­struc­ture of
con­ceal­ment. It is obvi­ously dif­fi­cult when we pub­lish intel­li­gence reports, but I hope
that people have some sense of the integ­rity of our secur­ity ser­vices. They are not
pub­lish­ing this, or giv­ing us this inform­a­tion, and mak­ing it up. It is the intel­li­gence
that they are receiv­ing, and we are passing on to people. In the dossier that we
pub­lished last year, and again in the mater­ial that we put out over the week­end, it is
very clear that a vast amount of con­ceal­ment and decep­tion is going on.”

“Con­clu­sions:

“The Com­mit­tee took evid­ence on this mat­ter from the Chief of the SIS on both
12 Feb­ru­ary and 17 July and sep­ar­ately from Alastair Camp­bell on 17 July. Both agreed
that mak­ing the doc­u­ment pub­lic without con­sult­ing the SIS or the JIC Chair­man was
a “cock-up”. Alastair Camp­bell con­firmed that, once he became aware that the
proven­ance of the doc­u­ment was being ques­tioned because of the inclu­sion of
Dr Al-Marashi’s work without attri­bu­tion, he tele­phoned both the Chief of the SIS and
the JIC Chair­man to apologise.

“We con­clude that the Prime Min­is­ter was cor­rect to describe the doc­u­ment as
con­tain­ing “fur­ther intel­li­gence… about the infra­struc­ture of con­ceal­ment.… It is the
intel­li­gence that they [the Agen­cies] are receiv­ing, and we are passing on to people.”

“How­ever, as we pre­vi­ously con­cluded, it was a mis­take not to con­sult the
Agen­cies before their mater­ial was put in the pub­lic domain. In evid­ence to us the
Prime Min­is­ter agreed. We have repor­ted the assur­ance that we have been given
that in future the JIC Chair­man will check all intelligence-derived mater­ial on
behalf of the intel­li­gence com­munity prior to publication.”

Iraq_supergunCru­cially, Blair and Camp­bell had jumped the (old Iraqi super-) gun by issu­ing this inform­a­tion, but Camp­bell seems to have got away with it by describ­ing such a breach of the OSA as a “cock-up”.  Or per­haps just another pre­cip­it­ous “rush of blood to the head” on his part, as recently described in the long-suppressed testi­mony of SIS2 revealed around the Chil­cot Enquiry and repor­ted in The Guard­ian:

“Papers released by the Chil­cot inquiry into the war show that an MI6 officer, iden­ti­fied only as SIS2, had reg­u­lar con­tacts with Camp­bell: “We found Alastair Camp­bell, I think, an enthu­si­astic indi­vidual, but also some­what of an unguided mis­sile.” He added: “We also, I think, suffered from his propensity to have rushes of blood to the head and pass vari­ous stor­ies and inform­a­tion to journ­al­ists without appro­pri­ate prior con­sulta­tion” (my emphasis).

So why do I sug­gest that Camp­bell could be liable for pro­sec­u­tion?  It appears that he was a “noti­fied per­son” for the pur­poses of Sec­tion 1(1) of the OSA.  While not employed by the intel­li­gence agen­cies, noti­fied per­sons have reg­u­lar access to intel­li­gence mater­ial and are sub­jec­ted to the highest clear­ance — developed vet­ting — in the same way as the full-time spooks.  As such, they are also bound by the law against dis­clos­ure of such mater­ial without the prior writ­ten per­mis­sion of the head of the agency whose intel­li­gence they want to dis­sem­in­ate.  There is no room for manœuvre, no dam­age assess­ment, and no pub­lic interest defence.  The law is clear. 

And a report in today’s Tele­graph about Andy Coulson and the phone-hacking scan­dal seems to show clearly that Camp­bell was just such a noti­fied person:

“Unlike Alastair Camp­bell and other pre­vi­ous hold­ers of the Down­ing Street com­mu­nic­a­tions dir­ector role, Mr Coulson was not cleared to see secret intel­li­gence reports and so was spared the most detailed scru­tiny of his back­ground and per­sonal life.….

“The only people who will be sub­ject to developed vet­ting are those who are work­ing in secur­ity mat­ters reg­u­larly and would need to have that sort of information.

“The only spe­cial advisers that would have developed vet­ting would be in the For­eign Office, Min­istry of Defence and maybe the Home Office. Andy Coulson’s role was dif­fer­ent to Alastair Campbell’s and Jonathan Powell.

“Alastair Camp­bell could instruct civil ser­vants. This is why [Coulson] wasn’t neces­sar­ily cleared. Given [the nature of] Andy Coulson’s role as more stra­tegic he wouldn’t have neces­sar­ily have been sub­ject to developed vetting.”

So it would appear that Alastair Camp­bell is bang to rights for a breach of the Offi­cial Secrets Act under Sec­tion 1(1).  He released new, unas­sessed and uncleared MI6 intel­li­gence within the dodgy dossier.  This is not just some tech­nical  infrac­tion of the law — although even if it were, he would still have a case to answer.

EMBNo, this report led inex­or­ably to our coun­try going to war against Iraq, shoulder to shoulder with the US, and the res­ult­ing deaths, maim­ings, pois­on­ings and dis­place­ment of mil­lions of inno­cent Iraqi people.  It has also dir­ectly increased the ter­ror­ist threat to the UK, as Tony Blair was offi­cially warned pre-Iraq war by the then-head of MI5, Eliza Manningham-Buller.  With the dodgy dossier, Camp­bell has dir­ectly harmed count­less lives and our national security.

Of course, many of us might fan­tas­ise about war­mon­gers get­ting their just deserts in The Hague.  But per­haps the OSA could prove to be Al Campbell’s Al Capone–style tax eva­sion moment.

Now, what about The Right Hon­our­able Tony Blair?

Guardian article: the role of the spies in the UK

Here’s the text of an art­icle I wrote for The Guard­ian a while ago, where I sug­gest we need a fresh per­spect­ive and some clear think­ing on the role of the spies in the UK

Worth reit­er­at­ing, fol­low­ing the pre-emptive arrest of protesters:

Mark_KennedyThe cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cover police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­itan Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intelligence unit focus­ing on espi­on­age and polit­ical “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-terrorism sec­tions. Since then, MI5 has been eagerly build­ing its counter-terrorism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and animal rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cover cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

Acpo_logoIt should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing senior police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domestic extrem­ists”. Acpo set up the National Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on animal rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domestic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an individual’s pri­vacy because of their legit­im­ate polit­ical beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-terrorism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on trial in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­istic demo­cratic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the committee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­conian Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­istic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “national secur­ity”. But what does this mean?

Climate_camp_and_policeThe core idea should be safe­guard­ing the nation’s integ­rity. A group of well-meaning envir­on­mental pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sional ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sional IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­cratic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work within the law.