What price whistleblowers?

First pub­lished on Con­sor­ti­um News.

For­give my “infam­ously flu­ent French”, but the phrase “pour encour­ager les autres” seems to have lost its fam­ously iron­ic qual­ity. Rather than mak­ing an example of people who dis­sent in order to pre­vent future dis­sid­ence, now it seems that the USA is glob­ally pay­ing bloody big bucks to people in order to encour­age them to expose the crimes of their employ­ers – well, at least if they are work­ing for banks and oth­er fin­an­cial insti­tu­tions.

I have been aware for a few years that the USA insti­tuted a law in 2010 called the Dodd-Frank Act that is designed to encour­age people employed in the inter­na­tion­al fin­ance com­munity to report mal­feas­ance to the Secur­it­ies and Exchange Com­mis­sion (SEC), in return for a sub­stan­tial per­cent­age of any mon­ies recouped.

This law seems to have pro­duced a boom­ing busi­ness for such high-minded “whis­tleblowers” – if that could be the accur­ate term for such actions? They are cel­eb­rated and can receive multi-mil­lion dol­lar pay days, the most recent (unnamed) source receiv­ing $20 mil­lion.

Nor is this US ini­ti­at­ive just poten­tially bene­fit­ing US cit­izens – it you look at the small print at the bot­tom of this page, dis­clos­ures are being sent in from all over the world.

Which is all to the pub­lic good no doubt, espe­cially in the wake of the 2008 glob­al fin­an­cial crash and the ensu­ing fall-out that hit us all.  We need more clar­ity about arcane casino bank­ing prac­tices that have bank­rup­ted whole coun­tries, and we need justice.

But does rather send out a num­ber of con­tra­dict­ory mes­sages to those in oth­er areas of work who might also have con­cerns about the leg­al­ity of their organ­isa­tions, and which may have equal or even graver impacts on the lives of their fel­low human beings.

If you work in fin­ance and you see irreg­u­lar­it­ies it is appar­ently your leg­al duty to report them through appro­pri­ate chan­nels – and then count the $$$ as they flow in as reward – wheth­er you are a USA cit­izen or based else­where around the world. Such is the power of glob­al­isa­tion, or at least the USA’s self-appoin­ted role as the glob­al hege­mon.

How­ever, if you hap­pen to work in the US gov­ern­ment, intel­li­gence agen­cies or mil­it­ary, under the terms of the Amer­ic­an Con­sti­tu­tion it would also appear to be your sol­emn duty under oath to report illeg­al­it­ies, go through the offi­cially des­ig­nated chan­nels, and hope reform is the res­ult.

But, from all recent examples, it would appear that you get damn few thanks for such pat­ri­ot­ic actions.

Take the case of Thomas Drake, a former seni­or NSA exec­ut­ive, who in 2007 went pub­lic about waste and wan­ton expendit­ure with­in the agency, as I wrote way back in 2011. Tom went through all the pre­scribed routes for such dis­clos­ures, up to and includ­ing a Con­gres­sion­al Com­mit­tee hear­ing.

Des­pite all this, Tom was abruptly snatched by the FBI in a viol­ent dawn raid and threatened with 35 years in pris­on.  He (under the ter­ri­fy­ing Amer­ic­an plea bar­gain sys­tem) accep­ted a mis­dimean­our con­vic­tion to escape the hor­rors of fed­er­al charges, the res­ult­ing loss of all his civic rights and a poten­tial 35 years in pris­on.  He still, of course, lost his job, his impec­cable pro­fes­sion­al repu­ta­tion, and his whole way of life.

He was part of a NSA group which also included Bill Bin­ney, the former Tech­nic­al Dir­ect­or of the NSA, and his fel­low whis­tleblowers Kirk Wiebe, Ed Lou­mis and Diane Roark.

These brave people developed an elec­tron­ic mass-sur­veil­lance pro­gramme called Thin Thread that could win­now out those people who were genu­inely of secur­ity interest and worth tar­get­ing, a pro­gramme which would have cost the US $1.4 mil­lion, been con­sist­ent with the terms of the Amer­ic­an con­sti­tu­tion and, accord­ing to Bin­ney, could poten­tially have stopped 9/11 and all the attend­ant hor­rors..

Instead, it appears that backs were scratched and favours called in with the incom­ing neo-con gov­ern­ment of George W Bush in 2000, and anoth­er pro­gramme called Trail Bla­izer was developed, to the tune of $1.2 bil­lion – and which spied on every­one across Amer­ica (as well as the rest of the world) and thereby broke, at the very least, the terms of the Amer­ic­an con­sti­tu­tion.

Yet Bill Bin­ney was still sub­jec­ted to a FBI SWAT team raid – he was dragged out of the shower early one morn­ing at gun-point. All this is well doc­u­mented in an excel­lent film “A Good Amer­ic­an” and I recom­mend watch­ing it.

Rather a con­trast to the treat­ment of fin­an­cial whis­tleblowers – no retali­ation and big bucks. Under that law, Bill would have received a pay­out of mil­lions for pro­tect­ing the rights of his fel­low cit­izens as well as sav­ing the Amer­ic­an pub­lic purse to the tune of over a bil­lion dol­lars. But, of course, that is not exactly in the long-term busi­ness interests of our now-glob­al sur­veil­lance pan­op­ticon.

Pres­id­ent Dwight Eis­en­hower, in his vale­dict­ory speech in 1961, warned of the sub­vers­ive interests of the “mil­it­ary-indus­tri­al” com­plex.  That seems so quaint now.  What we are facing is a ster­oid-pumped, glob­al­ised mil­it­ary sur­veil­lance industry that will do any­thing to pro­tect its interests.  And that includes crush­ing prin­cipled whis­tleblowers “pour encour­ager les autres“.

Yet that mani­festly has not happened, as I need to move on to the even-more-egre­gious cases of Chelsea Man­ning and Edward Snowden.

The former, as you may remem­ber, was a former Amer­ic­an army private cur­rently serving 35 years in a US mil­it­ary pris­on for expos­ing the war crimes of the USA. She is the most obvi­ous vic­tim of out­go­ing-Pres­id­ent Obama’s war on whis­tleblowers, and surely deserving of his sup­posed out­go­ing clem­ency.

The lat­ter, cur­rently stran­ded in Rus­sia en route from Hong Kong to polit­ic­al asylum in Ecuador is, in my view and as I have said before, the most sig­ni­fic­ant whis­tleblower in mod­ern his­tory. But he gets few thanks – indeed incom­ing US Trump admin­is­tra­tion appointees have in the past called for the death pen­alty.

So all this is such a “won­der­fully out­stand­ing encour­age­ment” to those in pub­lic ser­vice in the USA to expose cor­rup­tion – not. Work for the banks and anonym­ously snitch – $$$kerch­ing! Work for the gov­ern­ment and blow the whistle – 30+ years in pris­on or worse. Hmmm.

If Pres­id­ent-Elect Don­ald Trump is ser­i­ous about “drain­ing the swamp” then per­haps he could put some ser­i­ous and mean­ing­ful pub­lic ser­vice whis­tleblower pro­tec­tion meas­ures in place, rather than pro­sec­ut­ing such pat­ri­ots?

After all, such meas­ures would be a win-win situ­ation, as I have said many times before – a prop­er and truly account­able chan­nel for poten­tial whis­tleblowers to go to, in the expect­a­tion that their con­cerns will be prop­erly heard, invest­ig­ated and crim­in­al actions pro­sec­uted if neces­sary.

That way the intel­li­gence agen­cies can become truly account­able, sharpen their game, avoid a scan­dal and bet­ter pro­tect the pub­lic; and the whis­tleblower does not need ruin their life, los­ing their job, poten­tially their free­dom and worse.

After all, where are the most hein­ous crimes wit­nessed?  Sure, bank crimes impact the eco­nomy and the lives of work­ing people; but out-of-con­trol intel­li­gence agen­cies that kid­nap, tor­ture and assas­sin­ate count­less people around the world, all in secret, actu­ally end lives.

All that said, oth­er West­ern lib­er­al demo­cra­cies are surely less dra­coni­an than the USA, no?

Well, unfor­tu­nately not.  Take the UK, a coun­try still in thrall to the glam­or­ous myth of James Bond, and where there have been mul­tiple intel­li­gence whis­tleblowers from the agen­cies over the last few dec­ades – yet all of them have auto­mat­ic­ally faced pris­on.  In fact, the UK sup­pres­sion of intel­li­gence, gov­ern­ment, dip­lo­mat­ic, and mil­it­ary whis­tleblowers seems to have acted as an exem­plar to oth­er coun­tries in how you stifle eth­ic­al dis­sent from with­in.

Sure, the pris­on sen­tences for such whis­tleblow­ing are not as dra­coni­an under the UK Offi­cial Secrets Act (1989) as the ana­chron­ist­ic US Espi­on­age Act (1917). How­ever, the clear bright line against *any* dis­clos­ure is just as stifling.

In the UK, a coun­try where the intel­li­gence agen­cies have for the last 17 years been illeg­ally pros­ti­tut­ing them­selves to advance the interests of a for­eign coun­try (the USA), this is simply unac­cept­able. Espe­cially as the UK has just made law the Invest­ig­at­ory Powers Act (2016), against all expert advice, which leg­al­ises all this pre­vi­ously-illeg­al activ­ity and indeed expan­ded the hack­ing powers of the state.

More wor­ry­ingly, the ultra-lib­er­al Nor­way, which blazed a calm and human­ist trail in its response to the mur­der­ous white-suprem­acist ter­ror­ist attacks of Anders Breivik only 5 years ago, has now pro­posed a dra­coni­an sur­veil­lance law.

And Ger­many – a coun­try hor­ri­fied by the Snowden rev­el­a­tions in 2013, with its memor­ies of the Gestapo and the Stasi – has also just expan­ded the sur­veil­lance remit of its spooks.

In the face of all this, it appears there has nev­er been a great­er need of intel­li­gence whis­tleblowers across the West­ern world. Yet it appears that, once again, there is one law for the bankers et al – they are cashed up, lauded and rewar­ded for report­ing leg­al­it­ies.

For the rest of the Poor Bloody Whis­tleblowers, it’s pro­sec­u­tion and per­se­cu­tion as usu­al, des­pite the fact that they may indeed be serving the most pro­found of pub­lic interests – free­dom, pri­vacy and the abil­ity to thereby have a func­tion­ing demo­cracy.

As always – plus ça change, plus c’est la même chose. So back to my flu­ent French, ref­er­enced at the start: we are, it seems, all still mired in the merde.



A Good American — Bill Binney

I have for a num­ber of years now been involved with a glob­al group of whis­tleblowers from the intel­li­gence, dip­lo­mat­ic and mil­it­ary world, who gath­er togeth­er every year as the Sam Adams Asso­ci­ates to give an award to an indi­vidu­al dis­play­ing integ­rity in intel­li­gence.

This year’s award goes to former CIA officer, John Kiriakou, who exposed the CIA’s illeg­al tor­ture pro­gramme, but was the only officer to go to pris­on — for expos­ing CIA crimes.

The award cere­mony will be tak­ing place in Wash­ing­ton on 25 Septem­ber at the “World Bey­ond War” con­fer­ence.

Last year’s laur­eate, former Tech­nic­al Dir­ect­or of the NSA Bill Bin­ney, is cur­rently on tour across Europe to pro­mote an excel­lent film about both his and the oth­er stor­ies of the earli­er NSA whis­tleblowers before Edward Snowden — “A Good Amer­ic­an”.

The film is simply excel­lent, very human and very humane, and screen­ings will hap­pen across Europe over the next few months. Do watch if you can!

This is a film of the pan­el dis­cus­sion after a screen­ing in Lon­don on 18th Septem­ber:

A Good Amer­ic­an” — pan­el dis­cus­sion with ex-NSA Bill Bin­ney from Annie Machon on Vimeo.

Whistleblower Protections — RT Interview

Former US Attor­ney Gen­er­al, Eric Hold­er, has softened his stance on the Edward Snowden case and has tacitly admit­ted there should at least be a pub­lic interest leg­al defence for intel­li­gence whis­tleblowers.

Well, that’s my take — have a watch of my RT inter­view yes­ter­day or read here:

Dis­cuss­ing whis­tleblower pro­tec­tions from Annie Machon on Vimeo.

LIBE whistleblower hearing at the European Parliament

This week I was invited to give a state­ment to the LIBE Com­mit­tee at the European Par­lia­ment about whis­tleblow­ing and the NSA mass sur­veil­lance scan­dal.

I was in good com­pany: ex-NSA Tom Drake, ex-Depart­ment of Justice Jes­selyn Radack, and ex-NSA Kirk Wiebe. As well as describ­ing the prob­lems we had faced as intel­li­gence whis­tleblowers, we also sug­ges­ted some pos­sible solu­tions.

We were well received, even to the extent of an ova­tion from the nor­mally reti­cent MEPs.  We also all did vari­ous inter­views for TV dur­ing the day, but this is the only one I have tracked down so far.

Here is the video:

EU Par­lia­ment LIBE Inquiry on Elec­tron­ic Mass Sur­veil­lance of EU Cit­izens from Annie Machon on Vimeo.

OHM 2013 — interview on German TV

The Ger­man TV sta­tion came to OHM to film inter­views with whis­tleblowers and hackt­iv­ists for a doc­u­ment­ary about the Edward Snowden NSA dis­clos­ures.

Here’s the clip:

Ger­man TV clip on NSA from Annie Machon on Vimeo.