The Value of Whistleblowers

I was recently invited to write an art­icle for the Nat West Busi­ness Sense online magazine about the poten­tial value and bene­fits of whis­tleblowers.  Here’s the link, and here’s the article:

The con­tro­ver­sial issue of whis­tleblow­ing has been firmly thrust into the pub­lic con­scious­ness over the last few years with the ongo­ing saga of Wikileaks.

Often whis­tleblowers can get a bad rap in the media, deemed to be trait­ors, grasses or snitches.  How­ever, rather than a phe­nomen­on to be feared, if handled cor­rectly whis­tleblowers can often be bene­fi­cial to their organ­isa­tions.  Allow me to explain.

I have a nod­ding acquaint­ance with the pro­cess.  In the 1990s I worked as an intel­li­gence officer for the UK domest­ic Secur­ity Ser­vice, gen­er­ally known as MI5, before resign­ing to help my former part­ner and col­league Dav­id Shayler blow the whistle on a cata­logue of incom­pet­ence  and crime.  As a res­ult we had to go on the run around Europe, lived in hid­ing and exile in France for 3 years, and saw our friends, fam­ily and journ­al­ists arres­ted around us.  I was also arres­ted, although nev­er charged, and Dav­id went to pris­on twice for expos­ing the crimes of the spies. It was a heavy price to pay.

How­ever, it could all have been so dif­fer­ent if the UK gov­ern­ment had agreed to take his evid­ence of spy crimes, under­take to invest­ig­ate them thor­oughly, and apply the neces­sary reforms.  This would have saved us a lot of heartache, and could poten­tially have improved the work of the spies. But the gov­ern­ment’s instinct­ive response is always to pro­tect the spies and pro­sec­ute the whis­tleblower, while the mis­takes and crimes go unin­vestig­ated and unre­solved. Or even, it often appears, to reward the mal­efact­ors with pro­mo­tions and gongs.

The dra­coni­an Offi­cial Secrets Act (1989) imposes a blanket ban on any dis­clos­ure what­so­ever.  As a res­ult, we the cit­izens have to take it on trust that our spies work with integ­rity. There is no mean­ing­ful over­sight and no accountability.

Many good people do indeed sign up to MI5, MI6 and GCHQ, as they want a job that can make a dif­fer­ence and poten­tially save lives.  How­ever, once on the inside they are told to keep quiet about any eth­ic­al con­cerns: “don’t rock the boat, and just fol­low orders”.

In such an envir­on­ment there is no vent­il­a­tion, no account­ab­il­ity and no staff fed­er­a­tion, and this inev­it­ably leads to a gen­er­al con­sensus – a bul­ly­ing “group think” men­tal­ity.  This in turn can lead to mis­takes being covered up rather than les­sons learned, and then poten­tially down a dan­ger­ous mor­al slide.

As a res­ult, over the last dec­ade we have seen scan­dal heaped upon intel­li­gence scan­dal, as the spies allowed their fake and politi­cised inform­a­tion to be used make a false case for an illeg­al war in Iraq; we have seen them des­cend into a spir­al of extraordin­ary rendi­tion (ie kid­nap­ping) and tor­ture, for which they are now being sued if not pro­sec­uted; and we have seen that they facil­it­ate dodgy deals in the desert with dictators.

But it is not all bleak.  Recently, Dr Tom Fin­gar received The Sam Adams Award for Integ­rity in Intel­li­gence in Oxford for his work on com­pil­ing the US Nation­al Intel­li­gence Estim­ate of 2007.  In this he sum­mar­ised the con­clu­sions of all 16 US intel­li­gence agen­cies by say­ing that Iran had ceased try­ing to devel­op a nuc­le­ar weapons cap­ab­il­ity in 2003.

There was immense polit­ic­al pres­sure on him to sup­press this evid­ence, but he went ahead with the report and thereby single-handedly hal­ted the US gov­ern­ment’s rush to war with Iran.  By hav­ing the cour­age to do his job with integ­rity, Dr Fin­gar is respons­ible for sav­ing count­less lives across Iran.

In the world of intel­li­gence, where secrecy is para­mount, where crimes can hushed up, and where there is no aven­ue for voicing con­cern and dis­sent, it is per­haps inev­it­able that whis­tleblowers will con­tin­ue to emerge.

But in oth­er sec­tors of work mis­takes can be just as life threat­en­ing and the need for expos­ure just as great.  In the UK over the last few years many seni­or med­ic­al whis­tleblowers have emerged from the NHS, detail­ing mis­takes and incom­pet­ence that have put the pub­lic at risk.  Alas, rather than learn from mis­takes made, all too often NHS bosses have either vic­tim­ised the whis­tleblowers by sus­pend­ing them or ruin­ing their repu­ta­tion, or they have insisted that they sign gag­ging orders and then covered up the mis­takes.  Neither option is a good out­come either for staff mor­ale or for patient safety.

While the cul­ture of cov­er-up exists, so too will whis­tleblowers. How could this be resolved, and what would be the poten­tial benefits?

If employ­ers insti­tute a cul­ture of trust and account­ab­il­ity, where employ­ees with con­cerns can be fairly heard, the appro­pri­ate action taken, and justice done, the needs and imper­at­ives behind whis­tleblow­ing would dis­ap­pear. Poten­tial prob­lems could be nipped in the bud, improv­ing pub­lic trust and con­fid­ence in the prob­ity of the organ­isa­tion and avoid­ing all the bad pub­li­city fol­low­ing a whis­tleblow­ing case.

Plus, of course, the poten­tial whis­tleblowers would have a legit­im­ate aven­ue to go down, rather than hav­ing to turn their lives inside out – they would no longer need to jeop­ard­ise their pro­fes­sion­al repu­ta­tion and all that goes with it such as career, income, social stand­ing and even, poten­tially their freedom.

Hav­ing a sound pro­ced­ure in place to address staff con­cerns strikes me as a win-win scen­ario – for staff effi­ciency and mor­ale, the organ­isa­tion’s oper­a­tion­al cap­ab­il­ity and repu­ta­tion, and poten­tially the wider pub­lic, too.

Interview on the Abby Martin show, RT America

My recent inter­view on “Break­ing the Set”, Abby Mar­tin’s show on RT Amer­ica, dis­cuss­ing all things whistleblowing:

Secret Agent Turns Whis­tleblower from Annie Machon on Vimeo.

Taken to court.…

A fun inter­view with Heimir Már Pétursson on TV2, filmed dur­ing my recent tour of Iceland:

Ice­land TV 2 from Annie Machon on Vimeo.

Silfur Egils Interview, Iceland

My recent inter­view on Iceland’s premi­er news dis­cus­sion show, Sil­fur Egils, hos­ted by the excel­lent Egill Helgason.

The name refers to an old Norse saga about a hero, an earli­er Egill, throw­ing hand­fuls of sil­ver to the ground so he could make the Vik­ing politicos of the day scrabble around in the dirt try­ing to pick up the coins.

Plus ça change, plus c’est la même chose.

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.

UK Anonymous Radio Interview

Here’s the link to my inter­view tonight on UK Anonym­ous Radio — I had a great time and found it a fun, wide-ran­ging, and stim­u­lat­ing hour.  I hope you do too.  So, thank you Anonymous.

And also thank you to Kim Dot­com set­ting up the new file-shar­ing site, Mega, which replaces his illeg­ally-taken-down glob­al site, MegaUp­load.  I have some­where safe, I think, to store my interviews!

What a sham­bol­ic dis­grace that MegaUp­load raid was, and what a clas­sic example of the glob­al cor­por­at­ist agenda that I dis­cuss in the interview.

I do love geeks.

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 Keiser Report — my recent interview

My recent inter­view on Max Keiser­’s excel­lent RT show, The Keiser Report, appar­ently now the most watched Eng­lish lan­guage news com­ment­ary show across the world.

We were dis­cuss­ing such happy sub­jects as the war on ter­ror, the war on drugs, but pre­dom­in­antly the war on the internet:

Interview, Czech National Radio

Here is a link to an in-depth inter­view I did recently at the Czech nation­al radio sta­tion in Prague.

As a Dir­ect­or of Law Enforce­ment Against Pro­hib­i­tion (LEAP), I was invited to Prague by the pro­gress­ive Czech Nation­al Drug Co-ordin­at­or, Jindrich Vobor­il, to speak at a drugs con­fer­ence in the Czech Parliament.

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 Real News Network Interview on Whistleblowing

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

Gestapo Courts

Pub­lished in The Huff­ing­ton Post UK, 30 Septem­ber 2012

Pub­lished in The Real News Net­work, 30 Septem­ber 2012

A lot of sound and fury has been expen­ded in the Brit­ish media over the last few months about the Coali­tion gov­ern­ment’s pro­pos­al to enact secret courts via the pro­posed Justice and Secur­ity Bill — purely for ter­ror­ist cases, you under­stand. Which, of course, is OK as we all know ter­ror­ists are by defin­i­tion the Baddies.

Except we need to drill down into the detail of the pro­pos­als, have a look at some his­tory, and think through the future implications.

The concept of secret courts emerged from the offi­cial UK spook sec­tor — MI5 and MI6 have been lob­by­ing hard for such pro­tec­tion over recent years.  Their argu­ment revolves around a num­ber of civil cases, where Brit­ish vic­tims of extraordin­ary rendi­tion and sub­sequent tor­ture have sued the pants off the spies through civil courts and received some recom­pense for their years of suffering.

The most notori­ous case was that of Binyam Mohamed, who was repeatedly tor­tured in a black pris­on in Morocco, with Brit­ish spies allegedly con­trib­ut­ing to his ques­tion­ing. And we’re not talk­ing about a few stress pos­i­tions, awful as they are. Mohamed was strung up and had his penis repeatedly slashed with a razor.

MI5 and MI6 are aggrieved because they could not defend them­selves in the res­ult­ant civil actions brought against them, and they (and their former polit­ic­al mas­ter Jack Straw) are par­tic­u­larly wor­ried about future cases around the MI6-organ­ised Liby­an rendi­tions exposed last year.  The spies’ argu­ment is that hav­ing to pro­duce evid­ence in their own defence would dam­age that ever-flex­ible but curi­ously vague concept of “nation­al security”.

Well, they would say that, would­n’t they?

The spooks have tra­di­tion­ally used the “nation­al secur­ity” argu­ment as the ulti­mate get-out-of-jail-free card.  It has nev­er been leg­ally defined, but it is unfail­ingly effect­ive with judges and politicians.

We saw sim­il­ar argu­ments dur­ing the post‑9/11 secur­ity flap, when many ter­ror­ist sus­pects were scooped up and interned in high secur­ity Brit­ish pris­ons such as Bel­marsh on the say-so of face­less intel­li­gence officers. No evid­ence needed to be adduced, nor could it be chal­lenged. The sub­sequent con­trol order sys­tem was equally Kafkaesque.

That’s not to say that cer­tain interned indi­vidu­als might not have been an act­ive threat to the UK.  How­ever, in the “good” old days (god, I sound ancient), sus­pects would have had evid­ence gathered against them, been tried by a jury, con­victed and imprisoned. The sys­tem was nev­er per­fect and evid­ence could be egre­giously with­held, but at least appeals were pos­sible, most not­ably in the case of the Birm­ing­ham Six.

Since 9/11 even breath­ing the word “ter­ror­ist” has meant that all these his­tor­ic com­mon law prin­ciples seem to have been jet­tisoned.  Even before the pro­posed enshrine­ment of “secret courts” in the new Bill, they are already being used in the UK — the Spe­cial Immig­ra­tion Appeal Com­mis­sion (SIAC) tribunals hear secret evid­ence and the defend­ant’s chosen law­yer is not allowed to attend. Instead a spe­cial, gov­ern­ment-approved advoc­ate is appoin­ted to “rep­res­ent the interests” of the defend­ant who is not allowed to know what his accusers have to say. And there was no appeal.

But all this is so unne­ces­sary.  The powers are already in place to be used (and abused) to shroud our notion­ally open court pro­cess in secrecy.  Judges can exclude the press and the pub­lic from court rooms by declar­ing the ses­sion in cam­era for all or part of the pro­ceed­ings.  Plus, in nation­al secur­ity cases, gov­ern­ment min­is­ters can also issue Pub­lic Interest Immunity Cer­ti­fic­ates (PIIs) that not only bar the press from report­ing the pro­ceed­ings, but can also ban them from report­ing they are gagged — the gov­ern­ment­al super-injunction.

So the powers already exist to pro­tect “nation­al secur­ity”.  No, the real point of the new secret courts is to ensure that the defend­ant and, par­tic­u­larly in my view, their chosen law­yers can­not hear the alleg­a­tions if based on intel­li­gence of any kind. Yet even the spies them­selves agree that the only type of intel­li­gence that really needs to be kept secret involves ongo­ing oper­a­tions, agent names, and sens­it­ive oper­a­tion­al techniques.

 And as for the right to be tried by a jury of your peers — for­get it.  Of course jur­ies will have no place in such secret courts.  The only time we have seen such dra­coni­an judi­cial meas­ures in the UK out­side a time of offi­cial war was dur­ing the Troubles in North­ern Ire­land — the infam­ous Dip­lock Courts — begin­ning in the 1970s and which incred­ibly were still in use this year.

I am not an apo­lo­gist of ter­ror­ism although I can under­stand the social injustice that can lead to it.  How­ever, I’m also very aware that the threat can be arti­fi­cially ramped up and manip­u­lated to achieve pre­con­ceived polit­ic­al goals.

I would sug­gest that the concept of secret courts will prove fatally dan­ger­ous to our demo­cracy.  It may start with the concept of get­ting the Big Bad Ter­ror­ist, but in more polit­ic­ally unstable or strin­gent eco­nom­ic times this concept is wide open to mis­sion creep.

We are already see­ing a slide towards expand­ing the defin­i­tion of “ter­ror­ist” to include “domest­ic extrem­ists”, act­iv­ists, single issue cam­paign­ers et al, as I have writ­ten before. And just recently inform­a­tion was leaked about a new pub­lic-private EU ini­ti­at­ive, Clean IT, that pro­poses ever more invas­ive and dra­coni­an poli­cing powers to hunt down “ter­ror­ists” on the inter­net. This pro­pos­al fails to define ter­ror­ism, but does provide for endem­ic elec­tron­ic sur­veil­lance of the EU. Pure cor­por­at­ism.

Allow­ing secret courts to try people on the say-so of a shad­owy, unac­count­able and bur­geon­ing spy com­munity lands us straight back in the pages of his­tory: La Ter­reur of revolu­tion­ary France, the creepy sur­veil­lance of the Stasi, or the dis­ap­pear­ances and tor­ture of the Gestapo.

Have we learned nothing?