Former MI6 spy v Wikileaks editor: First Amendment Rights

First pub­lished on RT Op-Ed on 24 August 2018.

While it is all too easy to become frus­trated and annoyed by what passes for news in the leg­acy media these days, this art­icle in the Daily Mail did arouse my par­tic­u­lar ire early one morn­ing – and in this instance no par­tic­u­lar blame attaches to the news­pa­per, it is simply report­ing some unpal­at­able facts.

The gist of it is that former Brit­ish MI6 intel­li­gence officer and cur­rent mer­cen­ary spy-for-hire, Chris­toph­er Steele, author of the dis­cred­ited “Dirty Dossier” about Don­ald Trump, has been accor­ded First Amend­ment rights in a court case in the USA.

You might won­der why this art­icle caused me so much splut­ter­ing annoy­ance over my break­fast? Steele’s treat­ment is in marked con­trast to that accor­ded to Wikileaks pub­lish­er and edit­or in chief, Juli­an Assange, and the hypo­crisy is breath­tak­ing. Allow me to expound.

Chris­toph­er Steele is a Brit­ish intel­li­gence officer of pretty much my vin­tage. Accord­ing to what is avail­able pub­licly, he worked for MI6, the Brit­ish over­seas intel­li­gence gath­er­ing agency, for 22 years, serving in Rus­si­an in the early 90s and in Par­is at the end of that dec­ade – around the time that MI5 whis­tleblower, Dav­id Shayler, was imprisoned in that city pending a failed extra­di­tion case to the UK. It is prob­able that Steele would have been mon­it­or­ing us then.

After being outed as an MI6 officer in 1999 by his former col­league, Richard Tom­lin­son, he was pretty much desk-bound in Lon­don until he resigned in 2009 to set up, in the inim­it­able way of so many former spooks, a private con­sultancy that can provide plaus­ibly deni­able ser­vices to cor­por­a­tions and per­haps their former employ­ers.

Steele estab­lished just such a mer­cen­ary spy out­fit, Orbis Busi­ness Intel­li­gence, with anoth­er ex-col­league Chris Bur­rows in 2009. Orbis made its name in expos­ing cor­rup­tion at the heart of FIFA in 2015 and was there­after approached as an out-sourced part­ner by Fusion GPS – the com­pany ini­tially hired to dig dirt on pres­id­en­tial can­did­ate Don­ald Trump in 2016 by one of his Repub­lic­an rivals and which then went on to dig up dirt on behalf of Hil­ary Clinton’s DNC.

The res­ult is what has become known as the “Dirty Dossier”, a grubby col­lec­tion of pruri­ent gos­sip with no real evid­ence or prop­erly sourced inform­a­tion. As a former MI6 intel­li­gence officer, Steele should be hanging his head in shame at such a shoddy and embar­rass­ingly half-baked report.

On a slightly tan­gen­tial note, there has been some spec­u­la­tion, sup­pressed in the UK at least via the D Notice cen­sor­ship sys­tem, that MI6 agent and Rus­si­an trait­or Sergei Skri­p­al, the vic­tim of the alleged Novichok pois­on­ing in the UK earli­er this year, remained in con­tact with his hand­ler Pablo Miller, who also is repor­ted to work for Orbis Busi­ness Intel­li­gence. If this were indeed the case, then it would be a logic­al assump­tion that Orbis, via Miller, might well have used Skri­p­al as one of its “reli­able sources” for the Dossier.

Des­pite all this, Steele has won a leg­al case in the USA, where he had been sued by three Rus­si­an olig­archs who claimed that the Dirty Dossier tra­duced their repu­ta­tions. And he won on the basis that his report was pro­tec­ted by First Amend­ment rights under the con­sti­tu­tion of the USA, which guar­an­tees US cit­izens the right to free­dom of expres­sion. Des­pite the fact that Steele is Brit­ish:

But Judge Anthony Epstein dis­agreed, writ­ing in his judg­ment that “advocacy on issues of pub­lic interest has the capa­city to inform pub­lic debate, and thereby fur­thers the pur­poses of the First Amend­ment, regard­less of the cit­izen­ship or res­id­ency of the speak­ers”.”

This is the nub of the issue: Steele, a former offi­cial UK intel­li­gence officer and cur­rent mer­cen­ary spy-for-hire, is gran­ted leg­al pro­tec­tion by the Amer­ic­an courts for dig­ging up and sub­sequently leak­ing what appears to be con­tro­ver­sial and defam­at­ory inform­a­tion about the cur­rent Pres­id­ent as well as vari­ous Rus­si­ans, all paid for by Trump’s polit­ic­al oppon­ents. And Steele is giv­en the full pro­tec­tion of the US leg­al sys­tem.

On the oth­er hand we have an award-win­ning journ­al­ist and pub­lish­er, Juli­an Assange, whose organ­isa­tion Wikileaks has nev­er been found to report any­thing fac­tu­ally incor­rect in over 10 years, being told that if he were to be extra­dited from his cur­rent polit­ic­al asylum in the Ecuadori­an embassy in Lon­don to face the full wrath of a venge­ful Amer­ic­an estab­lish­ment, he is not entitled to claim pro­tec­tion of the First Amend­ment because his is an Aus­trali­an cit­izen not an Amer­ic­an.

It has been an open secret for years that the US gov­ern­ment has installed a secret Grand Jury in Vir­gin­ia (the home of the CIA) to invest­ig­ate Assange and bring him to “justice” for pub­lish­ing embar­rass­ing US gov­ern­ment doc­u­ments as well as evid­ence of war crimes. There have been calls from US politi­cians for the death sen­tence, life in pris­on without parole, and even assas­sin­a­tion. The US has been scrab­bling around for years to try to find any charge it could poten­tially throw at him – hell, it will prob­ably make up a new law just for him, so des­per­ate as it is to make an example of him.

How­ever, the fake “Rus­siagate” nar­rat­ive gave the US deep state an addi­tion­al spur – against all evid­ence and Assange’s own state­ments – it alleges that “Rus­sia” hacked the DNC and Podesta emails and Assange was the con­duit to make them pub­lic. This is seen as a win-win for the US estab­lish­ment, appar­ently if erro­neously prov­ing that Rus­sia hacked the US pres­id­en­tial elec­tion and con­firm­ing that Assange runs an “non-state hos­tile intel­li­gence agency”, accord­ing to cur­rent CIA Dir­ect­or, Mike Pom­peo

Except he does not. He is an edit­or run­ning a high-tech pub­lish­ing out­fit that has caused embar­rass­ment to gov­ern­ments and cor­por­a­tions around the world, not just Amer­ica. If he can be pro­sec­uted for pub­lish­ing inform­a­tion very much in the pub­lic interest, then all the leg­acy media feed­ing off the Wikileaks hydrant of inform­a­tion are equally vul­ner­able.

This being the case, surely he of all people requires the pro­tec­tion of the First Amend­ment in the USA? Oth­er­wise the concept that free media can hold power to account is surely dead?

A Tale of Two Tortures

First pub­lished by Con​sor​ti​um​news​.com.

It was with some dis­be­lief that I read of two tor­ture-related stor­ies emer­ging around the same time last week. The first was about the leg­al vic­tory of Abdul Hakim Bel­haj, Liby­an dis­sid­ent, kid­nap vic­tim of MI6 and the CIA, and tor­ture vic­tim of Col­on­el Gad­dafi. UK gov­ern­ment­al apo­lo­gies were finally made and repar­a­tion paid. For once justice was seen to be done and the use of tor­ture con­demned.

Mean­while, across the pond last week the reverse side of the same coin was on full dis­gust­ing dis­play. Our Amer­ic­an chums are in the pro­cess of attempt­ing to appoint an alleged notori­ous tor­turer as the head of the CIA.

While nom­in­ee Gina Haspel had soft-ball ques­tions lobbed at her by a tame pack of sen­at­ors at her con­firm­a­tion hear­ing, retired CIA seni­or ana­lyst, former pres­id­en­tial briefer, and now justice act­iv­ist, Ray McGov­ern, who stood up and said what the Sen­at­ors knew, but would not say; namely that she super­vised — dir­ectly, on site — the water­board­ing of Al Nashiri, who had been kid­napped and brought to the first secret CIA pris­on abroad (in Thai­l­and) for “inter­rog­a­tion.” McGov­ern was dragged out by four burly police, thrown to the ground, and injured when addi­tion­al police piled on. Here is a link to the video of this assault.

By jux­ta­pos­ing these two incid­ents I am not try­ing to make the point that the UK is mor­ally bet­ter than the USA when it comes to tor­ture over the last 17 years – mani­festly it has not been – but cer­tainly in the time I served in MI5 in the 1990s the use of tor­ture was ver­boten. Partly for eth­ic­al reas­ons, but mainly because the Brit­ish Deep State had learned to its cost how counter-pro­duct­ive the use of tor­ture and illeg­al impris­on­ment could be dur­ing the early stages of the bit­ter civil war in North­ern Ire­land in the 1970s.

Unfor­tu­nately those hard-won les­sons were gen­er­a­tion­al, and that peer group began to retire in the late 1990s. As a res­ult, come the after­math of 9/11, when the USA lurched down a path of harsh mil­it­ary retali­ation, illeg­al war, kid­nap­ping and tor­ture, the com­pli­ant Brit­ish intel­li­gence agen­cies fol­lowed hel­ter-skel­ter down the same path, all in the name of the spe­cial intel­li­gence rela­tion­ship.

So, back to the Bel­haj case. To get to the root of this I shall need to trans­port you back to 1995. Although the US-fun­ded Mujahideen in Afgh­anistan was by then morph­ing into Al Qaeda and had just about hit the radar of MI5 as an emer­gent, if region­al threat, peace seemed to be break­ing out all over the world: the Cold War was offi­cially over, a peace­ful res­ol­u­tion to the civil war in North­ern Ire­land was in the mak­ing, and there even seemed to be some pro­gress with the run­ning polit­ic­al sore that is Palestine and the Israeli occu­pa­tion, with the Oslo Accords of 1993.

How­ever, Libya – at that time a “rogue” nation – was still on the West­ern intel­li­gence hit list. Partly because it was sus­pec­ted by the UK gov­ern­ment to have been behind the Lock­er­bie bomb­ing in 1988 and the search for the per­pet­rat­ors was a top level pri­or­ity for MI6 in which it had failed for years to make any pro­gress, and partly because Gad­dafi had largely closed the huge Liby­an oil reserves to West­ern oil com­pan­ies.

So when, in 1995, a Liby­an mil­it­ary intel­li­gence officer (sub­sequently code­named TUNWORTH) walked into the Brit­ish embassy in Tunis and asked to speak to the res­id­ent spook, MI6 leapt at the chance to get rid of Gad­dafi, solve the Lock­er­bie case, and allow Bri­tain and its allies to once again plun­der the vast Liby­an oil reserves.

TUNWORTH had a group of “rag-tag Islam­ist extrem­ists” to carry out this coup attempt, and wanted sup­port and money from MI6, which was quickly offered. The attack was illeg­al under UK law, which required a min­is­teri­al sign-off before such an oper­a­tion, it went wrong, and it killed inno­cent people. How much hein­ous could it get? Here is the full account of this failed coup attempt.

So how does this fit in with Abdul Hakim Bel­haj? Well, it turns out he was the co-founder of the Liby­an Islam­ic Fight­ing Group (LIFG), the very organ­isa­tion that MI6 had fun­ded for this attack. As a res­ult, he was a wanted man in Libya. And after Gaddafi’s return to the inter­na­tion­al fold fol­low­ing his notori­ous deal in the desert with then-UK Prime Min­is­ter, Tony Blair, in 2004, Bel­haj was the gift from MI6 that sealed the deal.

In 2004 he and his preg­nant wife were tracked down and inter­cep­ted by MI6 in Kuala Lum­pur, Malay­sia. They were flown to Bangkok in Thai­l­and and held in a CIA black site, before onward trans­it to Libya. The flight took 18 hours, and both Bel­haj and his preg­nant wife were lashed to the floor of a US mil­it­ary trans­port plan for the dur­a­tion.

Bel­haj was sub­sequently held in the notori­ous Abu Selim pris­on for the next six years where he was repeatedly and hideously tor­tured. He was finally released under an amnesty brokered by Gaddafi’s son and heir, Saif al-Islam, in 2010.

All that might have been that, except the West made a cata­stroph­ic decision to once again try to depose Col­on­el Gad­dafi in 2011. This time the charge was led not by the USA but by France and its Pres­id­ent at the time, Nic­olas Sarkozy, but ably backed up by the ever-reli­able UK and USA, in a “human­it­ari­an inter­ven­tion” to pro­tect the cit­izens of Islam­ist Benghazi – which by the way was not under dir­ect threat at the time. Anoth­er fab­ric­ated excuse for a West­ern war of aggres­sion.

(As a side note, Sarkozy is cur­rently under invest­ig­a­tion for illeg­ally accept­ing fifty mil­lion euros from Gad­dafi to fund his bid for the French Pres­id­ency in the 2007 elec­tion, and in the same year Gad­dafi was awar­ded a full state vis­it to France.)

This time the West achieved openly and shame­lessly, in the gaze of the world’s media, what they had failed to do shame­fully and in secret in 1996: it toppled Gad­dafi, who was caught, bru­tal­ised and buggered with a bay­on­et, murdered, and his mutil­ated corpse  left on dis­play for days. His son, Saif al-Islam was cap­tured, tor­tured and imprisoned. He is now free and re-enter­ing the polit­ic­al fray in Libya.

In the chaos that fol­lowed the over­throw of Gad­dafi, Human Rights Watch staff made it to Libya and found a cache of doc­u­ments left in the office of notori­ous intel­li­gence chief, Musa Kusa, who had fled the coun­try ini­tially to the UK and then fled on to Qatar.

Amongst these doc­u­ments was a let­ter from the MI6 Head of Counter-Ter­ror­ism, Sir Mark Allen, dated from 2004. He had helped facil­it­ate the “deal in the desert”, and wrote a con­grat­u­lat­ory let­ter to Musa Kusa about being able to help facil­it­ate the cap­ture of Bel­haj, and effect­ively to see him as a “gift” to the Liby­an régime in 2004, as a ges­ture of good will.  Here is an excerpt from Allen’s let­ter to Musa Kusa, sub­mit­ted by Belhaj’s law­yers:

I con­grat­u­late you on the safe arrival of [Mr Bel­haj]. This was the least we could do for you and for Libya to demon­strate the remark­able rela­tion­ship we have built over recent years.….Amusingly, we got a request from the Amer­ic­ans to chan­nel requests for inform­a­tion from [Mr Bel­haj] through the Amer­ic­ans. I have no inten­tion of doing any such thing. The intel­li­gence about [Mr Bel­haj] was Brit­ish… I feel I have the right to deal with you dir­ect on this”.

Because of that good will, the Gad­dafi régime fatally trus­ted its new rela­tion­ship with the West; and a man and his preg­nant wife suffered, and the coun­try as a whole con­tin­ues to suf­fer immensely from the ensu­ing civil war that fol­lowed Gaddafi’s assas­sin­a­tion..

The court case last week in the UK was a vic­tory for them. Bel­haj him­self, des­pite suc­cess­ive UK gov­ern­ments offer­ing one mil­lion pounds to drop the case, has always stated that he only required £1, plus an acknow­ledge­ment and apo­logy from the UK gov­ern­ment about what happened to him. This week he finally received it.

For her ordeal, his wife accep­ted half of the amount offered. The three UK key play­ers – PM Tony Blair, For­eign Sec­ret­ary Jack Straw, and MI6 Sir Mark Allen nat­ur­ally have yet again not been called to account. Not a blem­ish to their repu­ta­tions….

So are we likely to see the same admis­sion of guilt from the instig­at­ors of the US tor­ture pro­gramme?

Far from it. Even if the Gina Haspel con­firm­a­tion hear­ing in Wash­ing­ton goes against her, the fact she was even con­sidered for the post of head­ing the CIA is utterly shame­less. As was the dis­gust­ing treat­ment of CIA pen­sion­er and peace pro­test­er, Ray McGov­ern.

Sergei Skripal — some of my interviews

Ever since the story broke on 5th March about the strange case of the pois­on­ing the former MI6 agent and Rus­si­an mil­it­ary intel­li­gence officer, Sergei Skri­p­al, I have been asked to do inter­view after inter­view, com­ment­ing on this hideous case.

Of course, as the case developed the points I made also evolved, but my gen­er­al theme has remained con­sist­ent: that, des­pite the imme­di­ate UK media hys­teria that “it must be the Rus­si­ans”, we needed to let the police and intel­li­gence agen­cies the space and time to get on and build up an evid­en­tial chain before the UK gov­ern­ment took action.

Unfor­tu­nately, this has not come to pass, with the UK encour­aging its allies in an unpre­ced­en­ted wave of mass dip­lo­mat­ic expul­sions around the world.  One might say that per­haps Theresa May has some shit-hot secret intel­li­gence with which to con­vince these allies. But intel­li­gence is not evid­ence and, as we all too pain­fully remem­ber from the Iraq War débâcle in 2003, any intel­li­gence can be spun to fit the facts around a pre-determ­ined policy, as was revealed in the leaked Down­ing Street Memo.

Any­way, from the bot­tom up in terms of chro­no­logy, here are a few of the inter­views I have man­aged to har­vest from the last few, crazy weeks. More will be added as they come in. And here are a couple of extras: a BBC Break­fast News item and a Talk Radio inter­view.

A longer and more detailed art­icle will fol­low shortly.

CGTN “Dia­logue” dis­cus­sion about the Skri­p­al case 26 03 2018 from Annie Machon on Vimeo.

 

RT Inter­na­tion­al News Inter­view 10 03 2018 from Annie Machon on Vimeo.

 

CrossTalk on Sergei Skri­p­al ‘Pub­li­city Murder’ from Annie Machon on Vimeo.

 

Al Jazeera’s “Inside Story” 08 03 2018 from Annie Machon on Vimeo.

 

Good Morn­ing Bri­tain Inter­view 06 03 2018 from Annie Machon on Vimeo.

 

BBC News­night 05 03 2018 from Annie Machon on Vimeo.

RT Inter­view about the Skri­p­al case 05 03 2018 from Annie Machon on Vimeo.

Fake Intelligence

Here’s a recent inter­view I did for RT UK’s flag­ship news pro­gramme, Going Under­ground with Afsh­in Rat­tansi, about the whole fake news, fake intel­li­gence alleg­a­tions swirl­ing around Pres­id­ent Trump’ admin­is­tra­tion at the moment:

RT Going Under­ground — the Issue of US Fake Intel­li­gence from Annie Machon on Vimeo.

ITV Good Morning Britain, 13 January 2017

The role of MI6 and its former officer, Chris­toph­er Steele, in the com­pil­ing of the “dirty dossier” against Pres­id­ent-elect Don­ald Trump:

Good Morn­ing Bri­tain 13 01 17 from Annie Machon on Vimeo.

BBC News Channel, 12 January 2017

As the story about the fake “dirty dossier” com­plied on Don­ald Trump by former MI6 officer, Chris­toph­er Steele, gath­er impetus, I was asked to do ultiple inter­views. Here is the first with the BBC News Chan­nel:

BBC News Chan­nel from Annie Machon on Vimeo.

Webstock, New Zealand, 2016

Now, I speak all over the world at con­fer­ences and uni­ver­sit­ies about a whole vari­ety of inter­con­nec­ted issues, but I do want to high­light this con­fer­ence from earli­er this year and give a shout out for next year’s. Plus I’ve finally got my hands on the video of my talk.

Web­stock cel­eb­rated its tenth anniversary in New Zea­l­and last Feb­ru­ary, and I was for­tu­nate enough to be asked to speak there.  The hosts prom­ised a unique exper­i­ence, and the event lived up to its repu­ta­tion.

Webstock_2016They wanted a fairly clas­sic talk from me — the whis­tleblow­ing years, the les­sons learnt and cur­rent polit­ic­al implic­a­tions, but also what we can to do fight back, so I called my talk “The Pan­op­ticon: Res­ist­ance is Not Futile”, with a nod to my sci-fi fan­dom.

So why does this par­tic­u­lar event glow like a jew­el in my memory? After expun­ging from my mind, with a shud­der of hor­ror, the 39 hour travel time each way, it was the whole exper­i­ence. New Zea­l­and com­bines the friend­li­ness of the Amer­ic­ans — without the polit­ic­al mad­ness and the guns, and the egal­it­ari­an­ism of the Nor­we­gi­ans — with almost equi­val­ent scenery. Add to that the warmth of the audi­ence, the eclecticism of the speak­ers, and the pre­ci­sion plan­ning and aes­thet­ics of the con­fer­ence organ­isers and you have a win­ning com­bin­a­tion.

Our hosts organ­ised ver­tigo-indu­cing events for the speak­ers on the top of mile-high cliffs, as well as a sur­pris­ingly fun vis­it to a tra­di­tion­al Brit­ish bowl­ing green. Plus I had the excite­ment of exper­i­en­cing my very first earth­quake — 5.9 on the Richter scale appar­ently. I shall make no cheap jokes about the earth mov­ing, espe­cially in light of the latest quakes to hit NZ this week, but the hotel did indeed sway around me and it wasn’t the loc­al wine, excel­lent as it is.

I men­tioned eclecticism — the qual­ity of the speak­ers was fero­ciously high, and I would like to give a shout out to Debbie Mill­man and her “joy of fail­ure” talk, Harry Roberts, a ser­i­ous geek who crowd-sourced his talk and ended up talk­ing ser­i­ously about cock­tails, moths, Chum­bawamba and more, advert­ising guru Cindy Gal­lop who is inspir­ing women around the world and pro­mot­ing Make Love Not Porn, and Casey Ger­ald, with his evan­gel­ic­ally-inspired but won­der­fully human­ist­ic talk to end the event.

All the talks can be found here.

It was a fab­ulous week.  All I can say is thank you to Tash, Mike, and the oth­er organ­isers.

If you ever have the chance to attend or speak at the event in the future, I ser­i­ously recom­mend it.

And here’s the video of my talk:

UK spies target women for recruitment

My recent inter­view on RT show “In the Now” about gender equal­ity in the Brit­ish spy agen­cies:

Gender Equal­ity in UK Spy Agen­cies — RT In the Now from Annie Machon on Vimeo.

ISIS and Western intelligence role in the Middle East

Here is my recent inter­view on RT London’s flag­ship news show, “Going Under­ground”, dis­cuss­ing ISIS, Syr­ia and wider west­ern intel­li­gence inter­ven­tions in the Middle East:

rt_going_underground.cleaned

Voice of Russia radio interview about spies, oversight, whistleblowers, and Snowden.

Here is an inter­view I did for Voice of Rus­sia radio in Lon­don last week about spies and their rela­tion­ship with our demo­crat­ic pro­cesses, over­sight, Edward Snowden and much more:

Voice of Rus­sia radio inter­view from Annie Machon on Vimeo.

BBC World interview re UK spy accountability

Here’s a recent inter­view I did for BBC World about the three top Brit­ish spies deign­ing, for the first time ever, to be pub­licly ques­tioned by the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment, which has a notion­al over­sight role:

BBC World inter­view on UK Par­laiment­ary hear­ings on NSA/Snowden affair from Annie Machon on Vimeo.

It sub­sequently emerged that they only agreed to appear if they were told the ques­tions in advance.  So much for this already incred­ibly lim­ited over­sight cap­ab­il­ity in a notion­al West­ern demo­cracy.….

Channel 4 interview re UK spy accountability

On the day the UK spy chiefs were called to account for the first time by the Intel­li­gence and Secur­ity Com­mit­tee in the Brit­ish par­lia­ment:

Spy account­ab­il­ity and the ISC — Chan­nel 4 News from Annie Machon on Vimeo.

US/UK spy chiefs cover up NSA surveillance scandal

First pub­lished on RT Op-Edge. Also on Inform­a­tion Clear­ing House and The Huff­ing­ton Post.

The dis­par­ity in response to Edward Snowden’s dis­clos­ures with­in the USA and the UK is aston­ish­ing.  In the face of right­eous pub­lic wrath, the US admin­is­tra­tion is con­tort­ing itself to ensure that it does not lose its treas­ured data-min­ing cap­ab­il­it­ies: con­gres­sion­al hear­ings are held, the media is on the warpath, and seni­or securo­crats are being forced to admit that they have lied about the effic­acy of endem­ic sur­veil­lance in pre­vent­ing ter­ror­ism.

Just this week Gen­er­al Alex­an­der, the head of the NSA with a long track record of mis­lead­ing lying to gov­ern­ment, was forced to admit that the endem­ic sur­veil­lance pro­grammes have only helped to foil a couple of ter­ror­ist plots. This is a big dif­fer­ence from the pre­vi­ous num­ber of 54 that he was tout­ing around.

Cue calls for the sur­veil­lance to be reined in, at least against Amer­ic­ans. In future such sur­veil­lance should be restric­ted to tar­geted indi­vidu­als who are being act­ively invest­ig­ated.  Which is all well and good, but would still leave the rest of the glob­al pop­u­la­tion liv­ing their lives under the bale­ful stare of the US pan­op­ticon. And if the cap­ab­il­ity con­tin­ues to exist to watch the rest of the world, how can Amer­ic­ans be sure that the NSA et al won’t stealth­ily go back to watch­ing them once the scan­dal has died down — or just ask their best bud­dies in GCHQ to do their dirty work for them?

I’m sure that the UK’s GCHQ will be happy to step into the breach. It is already par­tially fun­ded by the NSA, to the tune of $100 mil­lion over the last few years; it has a long his­tory of cir­cum­vent­ing US con­sti­tu­tion­al rights to spy on US cit­izens (as for­eign­ers), and then simply passing on this inform­a­tion to the grate­ful NSA, as we know from the old Ech­el­on scan­dal; and it has far more leg­al lee­way under Brit­ish over­sight laws. In fact, this is pos­it­ively seen to be a selling point to the Amer­ic­ans from what we have seen in the Snowden dis­clos­ures.

GCHQ is abso­lutely cor­rect in this assess­ment — the three primary UK intel­li­gence agen­cies are the least account­able and most leg­ally pro­tec­ted in any west­ern demo­cracy. Not only are they exempt from any real and mean­ing­ful over­sight, they are also pro­tec­ted against dis­clos­ure by the dra­coni­an 1989 Offi­cial Secrets Act, designed spe­cific­ally to crim­in­al­ise whis­tleblowers, as well as hav­ing a raft of legis­la­tion to sup­press media report­ing should such dis­clos­ures emerge.

This might, indeed, be the reas­on that the UK media is not cov­er­ing the Snowden dis­clos­ures more extens­ively — a self-cen­sor­ing “D” Notice has been issued against the media, and The Guard­i­an had its UK serv­ers smashed up by the secret police. 1930s Ger­many, any­one?

Defend­ers of the status quo have already been out in force. For­eign Sec­ret­ary Wil­li­am Hag­ue, who is notion­ally respons­ible for GCHQ,  said cosily that everything was leg­al and pro­por­tion­ate, and Sir Mal­colm Rif­kind, the cur­rent chair of the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment last week staunchly declared that the ISC had invest­ig­ated GCHQ and found that its data min­ing was all leg­al as it had min­is­teri­al approv­al.

Well that’s all OK then.  Go back to sleep, cit­izens of the UK.

What Hag­ue and Rif­kind neg­lected to say was that the min­is­teri­al war­rantry sys­tem was designed to tar­get indi­vidu­al sus­pects, not whole pop­u­la­tions. Plus, as the For­eign sec­ret­ary in charge of MI6 at the time of the illeg­al assas­sin­a­tion plot against Gad­dafi in 1996, Rif­kind of all people should know that the spies are “eco­nom­ic­al with the truth”.

In addi­tion, as I’ve writ­ten before, many former top spies and police have admit­ted that they misled lied to the ISC. Sure, Rif­kind has man­aged to acquire some new powers of over­sight for the ISC, but they are still too little and 20 years too late.

This mir­rors what has been going on in the US over the last few years, with seni­or intel­li­gence offi­cial after seni­or offi­cial being caught out lying to con­gres­sion­al com­mit­tees.  While in the UK state­ments to the ISC have to date not been made under oath, state­ments made to the US Con­gress are — so why on earth are appar­ent per­jur­ers like Clap­per and Alex­an­der even still in a job, let alone not being pro­sec­uted?

It appears that the US is learn­ing well from its former colo­ni­al mas­ter about all things offi­cial secrecy, up to and includ­ing illeg­al oper­a­tions that can be hushed up with the neb­u­lous and leg­ally undefined concept of “nation­al secur­ity”, the use of fake intel­li­gence to take us to war, and the per­se­cu­tion of whis­tleblowers.

Except the US has inev­it­ably super-sized the war on whis­tleblowers. While in the UK we star­ted out with the 1911 Offi­cial Secrets Act, under which trait­ors could be imprisoned for 14 years, in 1989 the law was amended to include whis­tleblowers — for which the pen­alty is 2 years on each charge.

The US, how­ever, only has its hoary old Espi­on­age Act dat­ing back to 1917 and designed to pro­sec­ute trait­ors. With no updates and amend­ments, this is the act that is now rolled out to threaten mod­ern whis­tleblowers work­ing in the digit­al age. And the pro­vi­sions can go as far as the death pen­alty.

Pres­id­ent Obama and the US intel­li­gence estab­lish­ment are using this law to wage a war on whis­tleblowers. Dur­ing his pres­id­ency he has tried to pro­sec­ute sev­en whis­tleblowers under this Espi­on­age Act — more than all the pre­vi­ous pres­id­ents com­bined — and yet when real spies are caught, as in the case of the Rus­si­an Spy Ring in 2010, Obama was happy to cut a deal and send them home.

An even more stark example of double stand­ards has emerged this August, when a leak appar­ently jeop­ard­ised an ongo­ing oper­a­tion invest­ig­at­ing a planned Al Qaeda attack against a US embassy in the Middle East. This leak has appar­ently caused imme­di­ate and quan­ti­fi­able dam­age to the cap­ab­il­it­ies of the NSA in mon­it­or­ing ter­ror­ism, and yet nobody has been held to account.

But, hey, why both­er with a dif­fi­cult invest­ig­a­tion into leak­ing when you can go after the low-hanging fruit — oth­er­wise known as prin­cipled whis­tleblowers who “out” them­selves for the pub­lic good?

This to me indic­ates what the US intel­li­gence infra­struc­ture deems to be the real cur­rent issue — “the insider threat” who might reveal cru­cial inform­a­tion about state crimes to the world’s pop­u­la­tion.

And yet the US rep­res­ent­at­ives still trot out the tired old lines about ter­ror­ism. Sen­at­or Lind­sey Gra­ham stated this week that the cur­rent level of endem­ic sur­veil­lance would have pre­ven­ted 9/11. Well, no, as pre­vi­ous intel­li­gence per­son­nel have poin­ted out. Coleen Row­leyTime Per­son of the Year 2002 — is fam­ous for high­light­ing that the US intel­li­gence agen­cies had pri­or warn­ing, they just didn’t join the dots. How much worse now would this pro­cess be with such a tsunami of data-mined intel­li­gence?

In sum­mary, it’s good to see at least a semb­lance of demo­crat­ic over­sight being played out in the USA, post-Snowden. It is a shame that such a demo­crat­ic debate is not being held in the UK, which is now the key ena­bler of the USA’s chron­ic addic­tion to elec­tron­ic sur­veil­lance.

How­ever, I fear it is inev­it­ably too little too late. As we have seen through his­tory, the only pro­tec­tion against a slide towards total­it­ari­an­ism is a free media that allows a free trans­fer of ideas between people without the need to self-cen­sor.  The glob­al US mil­it­ary-secur­ity com­plex is embed­ded into the DNA of the inter­net. We can­not rely on the USA to vol­un­tar­ily hand back the powers it has grabbed, we can only work around them as Brazil has sug­ges­ted it will do, and as the EU is con­tem­plat­ing.

Oth­er than that, respons­ib­il­ity for our pri­vacy rests in our own hands.

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.