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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTorture Whistleblower: I got 30 months in prison. Why does Leon Panetta get a pass?
by John Kiriakou
The confirmation in December that former CIA Director Leon Panetta let classified information slip to "Zero Dark Thirty" screenwriter Mark Boal during a speech at the agency headquarters should result in a criminal espionage charge if there is any truth to Obama administration claims that it isn't enforcing the Espionage Act only against political opponents.
I'm one of the people the Obama administration charged with criminal espionage, one of those whose lives were torn apart by being accused, essentially, of betraying his country. The president and the attorney general have used the Espionage Act against more people than all other administrations combined, but not against real traitors and spies. The law has been applied selectively, often against whistle-blowers and others who expose illegal, corrupt government actions.
After I blew the whistle on the CIA's waterboarding torture program in 2007, I was the subject of a years-long FBI investigation. In 2012, the Justice Department charged me with "disclosing classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities." I had revealed no more than others who were never charged, about activities that the CIA had a program to kill or capture Al Qaeda members that were hardly secret.
<big snip>
Gen. James "Hoss" Cartwright, once known as the president's "favorite general," was reportedly targeted as the source of information about the Stuxnet virus leaked to a New York Times writer. That investigation has dropped from sight, and Cartwright has so far faced no charges.
Yet when senior National Security Agency official Thomas Drake blew the whistle on waste, fraud and abuse at the NSA in the form of a bungled project that cost more than $1 billion he wound up buried under espionage charges, all of which were eventually dropped but only after his life was in shreds.
When former State Department intelligence advisor Stephen Jin-Woo Kim talked to a Fox News reporter about North Korea, he was charged with espionage, and his prosecutors were absolved by the presiding judge from having to prove "that the information he allegedly leaked could damage U.S. national security or benefit a foreign power, even potentially."
If Panetta and Cartwright aren't accountable while Drake, Kim and I have been crucified for harming U.S. national security all of us accused of or investigated for the same thing: disclosing classified information to parties not authorized to know it then what does that say about justice in America or White House hypocrisy?
http://www.latimes.com/opinion/commentary/la-oe-kiriakou-panetta-whistleblower-20140309,0,7028492.story#ixzz2vOLrDw8Z
CJCRANE
(18,184 posts)and deliberate misinformation at worst.
"Kiriakou, who did not witness the waterboarding, said... it had taken only a single brief instance of waterboarding to extract answers to an interrogator's questions from Abu Zubaydah.
...He was able to withstand the waterboarding for quite some time. And by that I mean probably 30, 35 seconds...and a short time afterwards, in the next day or so, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate.
Eventually it was reported that Abu Zubaydah had been waterboarded at least 83 times, and that little or no useful extra information may have been gained by "harsh methods".
http://en.wikipedia.org/wiki/Kiriakou#Disclosing_torture
dballance
(5,756 posts)Objective reading of the entry would seem to point out that he was, at worst misinformed, about how many times Zubaydah was water-boarding. I don't see any reason reasonable motivation for him to "lie" and claim there was only one instance of water-boarding when being able to say that there were 83 instances of it would've been far more damning of the CIA.
Did I miss something?
CJCRANE
(18,184 posts)He wasn't "whistleblowing" in the sense of saying "look at the bad things we're doing".
He was involved in a limited hangout that said that waterboarding was so good they only had to do it once and then Abu Zubaydah was singing like a canary. It was a massive lie.
Now, that's a separate issue than whether he should have gone to prison or not but Kiriakou is not a heroic "whistleblower", he was carrying water for the policy.
TwilightGardener
(46,416 posts)some control over the leak investigation:
http://www.mcclatchydc.com/2013/12/20/212378/zero-dark-thirty-leak-investigators.html
ProSense
(116,464 posts)<...>
A transcript obtained by the organization Judicial Watch shows that, at a CIA awards ceremony attended by Boal, Panetta did exactly that. The CIA seems to acknowledge that Panetta accidentally revealed the name of the special forces ground commander who led the operation to kill Osama bin Laden, not knowing that the Hollywood screenwriter was part of an audience cleared to hear him speak. But intent is not relevant to Espionage Act enforcement.
...a very weird argument to be making. Not only is he comparing what he implies is an unintentional leak to his leaking information, but also he's making the case that no one should ever leak classified information. He's doing it to justify why he shouldn't have been prosecuted. Clapper refused to respond accurately to a question because it meant revealing classified information. By Kiriakou's logic he was right.
http://en.wikipedia.org/wiki/John_Kiriakou
hootinholler
(26,449 posts)Clapper should have said he can't answer in an unclassified forum, but he chose to lie.
CJCRANE
(18,184 posts)and Paul Ryan!
struggle4progress
(118,330 posts)xocet
(3,871 posts)struggle4progress
(118,330 posts)it would be inappropriate for the President to presume to defend the prerogatives of the Senate
dsc
(52,166 posts)President Obama has every right, and quite frankly every obligation, to fire members of his staff who lie to Congress while under oath, which is what Clapper did.
struggle4progress
(118,330 posts)Or such an official act by any of its committees?
Or even just a "dear colleague" letter, signed by a considerable subset of the Senators, indicating such a sentiment among a sizable minority?
It is not the task of the Executive to discern the stance of the Senate, or the views of its various members, by exercising some extra-sensory perception
dsc
(52,166 posts)Clapper was directly asked if the government was doing A, he stated, categorically that the government was not doing A, it turns out the government was doing A. Despite the passage of months he did nothing to correct the record until Mr. Snowden showed the government was, in fact, doing A. The man Cheney shot was OK with having been shot, does that mean it is OK that Cheney got away with it. Permitting his employees to lie under oath sets a horrible example, regardless of how many, or how few, letters are sent to him about the matter.
struggle4progress
(118,330 posts)the Talmud has nothing whatsoever to do with that
dsc
(52,166 posts)plenty of wife batters are prosecuted over the strenuous objections of their wives every day.
pscot
(21,024 posts)struggle4progress
(118,330 posts)as it relegates all responsibility for oversight of Executive agencies to the Executive itself
Our system makes Congress one of the branches of the government and mostly leaves to politics the task of sorting out the inevitable power struggles, including questions of whether or not the Executive adequately informs Congress about operations
If Congress considers itself inadequately informed, or misinformed, or misled, it is the task of Congress to formulate appropriate response
And if you find Congressional inaction not to your taste, then it seems to me that it is for you to try to instigate and organize pressure on Congress to act
dsc
(52,166 posts)I am saying that Obama, and for that matter any President, has an obligation to fire those who lie to Congress under oath while they are working for him without regard to the lack of outrage that lie may have caused. I am not arguing that he has no duty to fire in the absence or presence of outrage. Again, we prosecute all types of criminals regardless of how their victims feel.
dsc
(52,166 posts)Democratic staffers of the Senate Intelligence Committee obtained classified documents at the center of a bitter struggle with the CIA some three years before the agency determined that the materials had been spirited out of a secret facility and demanded their return, according to U.S. officials.
The officials cited the timing of the discovery in contending that the CIA didnt actively monitor computers used by the staffers to compile a report on the agencys secret detention and interrogation program, but instead had to go back and scour security logs kept on all classified systems.
The alleged unauthorized removal of the documents, which is being investigated by the FBI, triggered the unprecedented battle over the authority of the committee, which was created in 1976 to oversee U.S. intelligence organizations in the wake of a series of domestic spying scandals. And what also remains unknown is what secrets about the controversial interrogation program might be contained in the documents now in dispute.
Read more here: http://www.mcclatchydc.com/2014/03/07/220573/intelligence-panel-staffers-took.html#storylink=cpy
struggle4progress
(118,330 posts)Last edited Sun Mar 9, 2014, 01:49 PM - Edit history (1)
so naturally there's suddenly a big dispute in the outfield and everybody focuses their attention there
The real issue is whether or not the Senate report will see the light of day. Any large agency, like the CIA, is a swamp with multiple competing factions, especially when any issue of substance arises: then all kinds of gaming suddenly becomes apparent. The question -- How did the Senate investigators become aware of a document, that some in the CIA claim the investigators had no access to? -- may seem interesting at first sight, but it's actually a diversion
It seems very unlikely to me that Senate investigators hacked the CIA network. It is possible, of course, that the CIA's document control methods may not control documents as effectively as some CIA staff think, and that the document was available to the investigators purely by accident. But IMO the most likely answer to the question is that the someone in the CIA itself somehow gave the Senate investigators access to the document, either directly or indirectly -- in which case the availability could reflect an intent to make additional information available to the Senate investigators, or could reflect a deliberate intent to drum up a "sexy" controversy about whether or not the Senate investigators had hacked the CIA network. But none of this matters: it's a diversion from the real issue
One should take the stand: Congress has some duty to oversee the Executive in general and the intelligence community in particular. Torture is a violation of international law. The Senate report must be released to the public
dsc
(52,166 posts)if lying isn't punished. Let's be clear here. Clapper never corrected the record from the lie he told the committee in public. He didn't correct it publicly which might be justified but he also didn't correct it privately either which means the overseers had no idea just what they were overseeing. You can't be both pro oversight and pro the executive's minions lying to Congress.
MADem
(135,425 posts)He might have addressed the issue in a classified letter or other document.
You'd never see that; you'd never know...at least not until the document was unclassified.
dsc
(52,166 posts)He has addressed this issue many, many times since the Snowden documents out his lie. Not once, not on a single solitary occasion, did he say I told the committee in private that I had lied. It is more likely that I will win the Boston Marathon than he has corrected his testimony.
MADem
(135,425 posts)Is the committee coming after him?
No?
They either have concluded their business with him satisfactorily, or they simply don't give a shit. Or both.
You can keep pounding the drum for the committee to call him to account, but there comes a point in time when the ship has sailed. I think we're well past that point.
struggle4progress
(118,330 posts)or read and understand their own committee transcripts, or follow a story in the press intelligently, half as well as you think you yourself can
Now, if you merely want to take the view that an informed citizen can sometimes be better informed about events than a typical member of Congress, I will not dispute that view, as it seems to me sufficiently credible and adequately defensible from experience: on many issues, that I think ought to matter enough to the members of Congress, for them to inform themselves well, do not actually appear to matter much to many of them, so far as I can tell -- but that is a political matter
There is no shortage of intellect or energy on The Hill: there is simply the question of how that intellect and energy will be expended. When people actually decide to pay attention (usually briefly), they often find themselves disappointed somehow about the choices made: if it matters enough, some try to exert pressure for specific changes, which can require learning more about the process and the players than most others would consider interesting
The reality is that at present most Senators, and their staffs, seem never to have developed much interest in last spring's Affair Clapper. Should you feel strongly otherwise, you are free to attempt to organize political pressure on Congress to demand Clapper's resignation, but IMO you are striking cold iron with little chance of reshaping it
MADem
(135,425 posts)He should interfere with the Senate! He should tell the House how to do their job! He should tell that jury to find that defendant guilty!! He should fire that governor, police chief, mayor, dog catcher...!
People don't understand the differences between local, state and national governments--I suppose getting the concept of separation of powers down is too much to hope for...
dsc
(52,166 posts)and yes I mean a quote of me saying Obama should tell the House how to do its job, tell a jury to find a defendant guilty or innocent, fire a governor, a police chief or a mayor. I do think he should discipline his employees when they engage in conduct which at best is deeply immoral and at worst against the law. The absolute best you can say about Clapper's conduct is that it was deeply immoral the worst, it was outright perjury. I am not saying Obama should jail him, nor even that the DOJ should prosecute him, though I think a case could well be made for exactly that, but I am saying he should have fired him immediately for his dishonesty. Again, this man serves at the pleasure of the President. The President is the only one who can fire him, and he should have done so.
struggle4progress
(118,330 posts)by events in the outfield when you should have been paying attention to what happens on the diamond
The March 12th hearing had two parts, an open public part, followed by a closed session:
This relates to inherent constitutional conflicts between the Executive and Congress
The current arrangement recognizes that the Executive has legitimate reasons to restrict circulation of certain classified information and that Congress has legitimate needs for some of that information for its oversight responsibilities. Therefore the Executive releases some information to intelligence committees, with the understanding that those committees will not make the information public. This understanding is not enforceable by prosecution, since the debate clause of the Constitution (Article I, Section 6) immunizes representatives and senators for statements made upon the floor: for any Speech or Debate in either House, they shall not be questioned in any other Place. But a violation of the understanding are enforceable politically, since the Executive can always refuse to release certain information on the grounds that Congress cannot be trusted to safeguard the information -- so failure by a member to honor confidentiality understandings are very likely to result in removal of the member from the intelligence committee and may also produce other sequelae (such as censure by the chamber) intended to reassure the Executive that Congress can be trusted to safeguard the information
A member of such a committee, like Wyden, thus has access to information which the member has promised not to disclose, which the member actually could disclose without any legal consequence, but which the member probably cannot disclose without significant political consequence. The problem of calling public attention to an issue, when the member believes the public ought to be aware of the issue but cannot conveniently release related information to raise public awareness of the issue, therefore becomes a matter of careful strategic game-playing
In this case, Wyden seems to have been quite aware of the extensive metadata collection program at the time he asked the question during the public part of the committtee hearing. By asking the question, he deliberately put Clapper on the spot, because Clapper (unlike members of Congress) has no automatic immunity for statements made to Congress but is nevertheless subject to other legal obligations to safeguard classified information. Our natural guess should be that Wyden hoped Clapper would offer No comment, or a similar statement that could be converted into a public controversy to call attention to the activities that concerned Wyden but that Wyden could not directly bring to public attention. Clapper, however, did not respond in the desired manner:
Clapper apologizes for 'erroneous' answer on NSA
By KIMBERLY DOZIER
Jul. 2, 2013 6:33 PM EDT
Thus, in actual fact, Clapper does not seem deliberately to have mislead the intelligence committee, though his testimony at the public part of the hearing must certainly have misled the public. And while it can sometimes be criminal to lie under oath to Congress, on a matter material to a legitimate Congressional inquiry, no consequence can follow, absent a complaint from Congress itself
We should regard Wyden's March 2013 gambit as a deliberate attempt to call attention to the metadata program, but unfortunately it failed at the time. The later resurrection of Clapper's public testimony, by Wyden and his staff in June and July, merely represents a renewed attempt to signal political opposition to the metadata collection program
But the issue of Clapper's testimony a year ago now lies entirely in the outfield;it is a distraction from the real issue on the diamond --- the metadata collection program. That program cannot be reduced or ended, until we engineer considerable Congressional opposition to it. Clapper's resignation would not end the program, because Clapper himself is not the source of the program but merely occupies an institutional slot: a successful drive for Clapper's resignation would leave the program untouched, and that effort would, in fact, exhaust all the political energy that should have been directed against the metadata program itself
sabrina 1
(62,325 posts)Without consulting Congress?
But they can order the assassination of a human being without consulting Congress?
Which is it, the president has NO power, or the president has the power of a King?
Marr
(20,317 posts)taken by the executive or one of his staff, he's completely powerless. Why, he can't even be expected to know anything about it.
When the subject under discussion is something that will play well with voters, he's practically a king who made it happen all by himself.
And of course, in Republican hands, presidency is transformed into an always immensely-powerful dictatorship-- so be sure to vote for any worthless sell-out the corporate Dems offer up because, hey-- can't let the GOP hold that all-powerful, yet utterly insignificant, office.
sabrina 1
(62,325 posts)keep up with defending things that cannot be defended. No matter how hard anyone tries, extra-judicial assassination is WRONG. And yes, President's CAN fire people and do. Van Jones didn't last long after the Far Right went after him for something so trivial ignoring it as it deserved, would have been the way to handle it.
Honesty is always the best policy, for one thing is so much less stressful ....
"that all powerful, yet utterly insignificant, office"
Perfect description!
struggle4progress
(118,330 posts)Darrell Issa, Ted Poe, Paul Broun, Doug Collins, and Walter Jones?
It's the familiar Mad-about-Benghazi crowd
sabrina 1
(62,325 posts)it to irrelevant morons? Frankly I have zero interest in what Republicans have to say only in what is of benefit to this country. Are you suggesting that the President bases his decisions on what Republicans think?
struggle4progress
(118,330 posts)I tried to discover who in Congress was calling for Clapper's resignation. I posted upthread the names I found: Rand Paul and Lindsey Graham in the Senate; Darrell Issa, Ted Poe, Paul Broun, Doug Collins, and Walter Jones in the House
Those irrelevant Republican morons, all outraged about Benghazi, are the only folk you've got to work with here: Congress itself expresses no outrage; there's nowhere else to go with this
And it's a big red herring anyway, if your intent is to fight metadata collection, because Clapper's resignation wouldn't do a thing to reduce or end metadata collection -- and if folk invested lots of energy and actually got Clapper to resign, the metadata collection issue would immediately lose all traction, because The Hill collectively would say: OK, Clapper resigned, so we're done with this issue and can move on
sabrina 1
(62,325 posts)lied to Cognress also, or any other crook in our government, I hope this isn't too shocking a thought, is to try to improve our Government so that War Criminals and Liars about violations of the people's rights don't view our government as great place to plant themselves, that it becomes one of the only places where Criminals are safe from consequences for their crimes.
Are YOU saying we should KEEP crooks and liars in Congress and if so, what possible reason could there be for that, because as I said, I don't base applyin the Rule of Law, we still have some laws don't we, on what a political party has to say one way or the other.
What a shame that Democrats are not speaking out about lying to Congress. Could it be that the NSA has something on all of them, being that we know now they have been spying on Congress. There seems to be no logical reason why a Civilized Coutnry would tolerate War Criminals and Liars and other assorted crooks in their government corrupting our system of justice.
struggle4progress
(118,330 posts)rightwing Republicans James Sensenbrenner, Darrell Issa, Ted Poe, Paul Broun, Doug Collins, and Walter Jones -- all members of the mad-about-Benghazi clique
You're striking an iron that's been cold for a year, and you're doing it on behalf of crazy rightwingers
sabrina 1
(62,325 posts)a Democrat. Clapper lied to a Democrat. But he isn't the only one
struggle4progress
(118,330 posts)If you can find a direct quote from Wyden, that uses the word "lie:" to describe Clapper's testimony, I will (of course) be interested
Absent that, I continue to regard your claims as being somewhat careless of the truth
My view of the matter is laid forth carefully in my #129
MADem
(135,425 posts)Obama is not the king,he's the chief executive (his area is the "executive" branch--not the legislative). He does not have "the power." Congress does.
So your assertion, you see, is unsupported.
Congress has the authority to hold a person in contempt if the person's conduct or action obstructs the proceedings of Congress or, more usually, an inquiry by a committee of Congress.
Contempt of Congress is defined in statute, 2 U.S.C.A. § 192, enacted in 1938, which states that any person who is summoned before Congress who "willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry" shall be guilty of a misdemeanor and subject to a maximum $1,000 fine and 12 month imprisonment.
Before a Congressional witness may be convicted of contempt, it must be established that the matter under investigation is a subject which Congress has constitutional power to legislate.
Generally, the same Constitutional rights against self-incrimination that apply in a judicial setting apply when one is testifying before Congress.
For those who want Clapper frog-marched, they'll just have to "call Congress right effing now" and see if they'll do anything about it.
I'm betting they are disinclined. In any event, it is not in Obama's charge to chasten people for what they say in front of Congress. That is the job of the representatives of We The People.
dsc
(52,166 posts)Nixon had no responsibility for that.
MADem
(135,425 posts)It wasn't the tooth fairy that persuaded Nixon to resign, now, was it?
dsc
(52,166 posts)was that he didn't fire those henchmen until well after the fact.
MADem
(135,425 posts)I prefer to think he resigned because he was about to be impeached and removed from office for actual, personal "high crimes and misdemeanors," not for the misdeeds of his staff or how long it took to dismiss them.
dsc
(52,166 posts)with the exception of the tax matter, which I don't think passed the House, all the articles of Impeachment were for things he either ordered his staff to do or things he covered up which his staff had done at his behest.
struggle4progress
(118,330 posts)In his conduct of the office of the President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that: On June 17, 1972, and prior thereto, agents of the Committee for the Re-Election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his subordinates and agents in a course of conduct or plan designed to delay, impede and obstruct investigations of such unlawful entry; to cover up, conceal and protect those responsible and to conceal the existence and scope of other unlawful covert activities. The means used to implement this course of conduct or plan have included one or more of the following:
(1) Making or causing to be made false or misleading statements to lawfully authorized investigative officers and employes of the United States.
(2) Withholding relevant and material evidence or information from lawfully authorized investigative officers and employes of the United States.
(3) Approving, condoning, acquiescing in, and counseling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employes of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings.
(4) Interfering or endeavoring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force and congressional committees.
(5) Approving, condoning, and acquiescing in, the surreptitious payments of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities.
(6) Endeavoring to misuse the Central Intelligence Agency, an agency of the United States.
(7) Disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employes of the United States for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability.
(8) Making false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation has been conducted with respect to allegation of misconduct on the part of personnel of the Executive Branch of the United States and personnel of the Committee for the Re-Election of the President, and that there was no involvement of such personnel in such misconduct; or
(9) Endeavoring to cause prospective defendants, and individuals duly tried and convicted, to expect favored treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
Article 2: Abuse of Power.
Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, imparting the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.
This conduct has included one or more of the following:
(1) He has, acting personally and through his subordinated and agents, endeavored to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposes not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigation to be initiated or conducted in a discriminatory manner.
(2) He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.
(3) He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions to him, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.
(4) He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavored to impede and frustrate lawful inquiries by duly constituted executive; judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as attorney general of the United States, the electronic surveillance of private citizens, the break-in into the office of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.
(5) In disregard of the rule of law: he knowingly misused the executive power by interfering with agencies of the executive branch: including the Federal Bureau of Investigation, the Criminal Division and the Office of Watergate Special Prosecution Force of the Department of Justice, in violation of his duty to take care that the laws by faithfully executed.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
Article 3: Contempt of Congress.
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of the President of the United States, and to the best of his ability preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, had failed without lawful cause or excuse, to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives, on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things, Richard M. Nixon, substituting his judgement as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by Constitution in the House of Representatives.
In all this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.
ProSense
(116,464 posts)Yeah, like that would have made any difference.
It would still have been a lie. I mean, can't have it both ways.
dsc
(52,166 posts)the answer was likely classified which is what that answer would have said.
msanthrope
(37,549 posts)struggle4progress
(118,330 posts)He wasn't prosecuted for his so-called "whistle-blowing" on torture in 2007
I've never liked the Intelligence Identities Protection Act: the act criminalizes some research based on entirely public information. But Kiriakou pled guilty, so it's hard to claim he was unfairly prosecuted
And Kiriakou is a scumbag
His so-called "whistle-blowing" in 2007 was actually a defense of torture: Kiriakou was busily telling the media just how wonderfully effective he thought waterboarding was -- and he stretched the truth considerably to push that kool-aid
Octafish
(55,745 posts)Telling the Truth isn't a priority in a national security cough police state.
stevenleser
(32,886 posts)Octafish
(55,745 posts)They lied American into wars for profit and remain free.
Meanwhile, the few whistleblowers named in this thread are in prison. That also is corrupt.
Why does this have to be explained to you?
L0oniX
(31,493 posts)stevenleser
(32,886 posts)Either defend the comparison or take it back. There is no third choice.
questionseverything
(9,657 posts)https://www.aclu.org/blog/national-security-human-rights/james-comey-two-thumbs-waterboarding
That brings us to the second key torture memo. Because Bybee II had relied on withdrawn Bybee I, waterboarding and other torture tactics were on even shakier legal ground. Comey reportedly ordered a replacement opinion for Bybee I, so that Bybee II would have a revised legal foundation.
The new opinionaddressed to "Deputy Attorney General James Comey"was signed on December 30, 2004. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo does not change the authorizations of interrogation tactics in any earlier memos. In short, the Comey memo gave a thumbs-up on waterboarding. Read the footnote for yourself:
While we have identified various disagreements with the August 2002 Memorandum, we have reviewed this Office's prior opinions addressing issues involving treatment of detainees and do not believe that any of their conclusions would be different under the standards set forth in this memorandum.
Even with this new memo, the Bush White House and CIA were still worried about whether they could get away with torture. They ordered up additional legal memos in the spring of 2005. The first memo essentially is a rewrite of Bybee II, with basically a how-to guide on how to simulate drowning, induce hypothermia, slam a person into a wall, and otherwise commit torture and abuse and get away with it. The second memo approved the use of these tactics in combination.
Comey gave a second thumbs-up to waterboarding in signing off on the May 2005 rewrite of Bybee II. He reportedly wrote an email to a colleague at the time, in which he said he "concurred" with the new torture memo. At the same time, he strenuously opposed the approval of the second memo combining torture tactics. Waterboarding was okay, as long as it was done the "right" way.
Rex
(65,616 posts)stevenleser
(32,886 posts)The question is, if you are a fan of Manning, why wouldnt you be upset having her compared to a torture apologist?
Or is that just fine with you?
msanthrope
(37,549 posts)does not share that view.
Octafish
(55,745 posts)Here's where I get my POV:
CIA/Torture Whistleblower John Kiriakou
John Kiriakou served in the CIA for over 14 years. During that time, he was involved in critical counterterrorism missions following the terrorist attacks of September 11, 2001. After 9/11, the CIA started down the dark path of becoming a paramilitary organization, but Kiriakou did not abandon his. He refused the CIAs offer to train him in enhanced interrogation techniques, and Kiriakou never authorized or engaged in these techniques that constituted torture. In fact, Kiriakou wrote of torture: There are some things we should not do, even in the name of national security.
KiriakouAfter leaving the CIA, Kiriakou appeared on ABC News in an interview with Brian Ross, during which he became the first former CIA officer to confirm that the agency waterboarded detainees and label waterboarding as torture. Kiriakous interview revealed that this practice was not just the result of a few rogue agents, but was official U.S. policy approved at the highest levels of the government.
The government started investigating Kiriakou immediately after his media appearance. Five years later, the government finally succeeded in piecing together enough information to criminally prosecute him. He became the sixth whistleblower indicted by the Obama administration under the Espionage Act a law designed to punish spies, not whistleblowers.
When Kiriakou came to GAP for help, we began acting as his legal counsel on whistleblower issues and started a public advocacy campaign on his case. Eventually, in order to avoid a trial that could have resulted in separation from his wife and five children for up to 45 years, he opted to plead guilty to one count (not Espionage) in exchange for a 30-month sentence.
Kiriakou is the sole CIA agent to go to jail in connection with the U.S. torture program, despite the fact that he never tortured anyone. Rather, he blew the whistle on this horrific wrongdoing.
Kiriakous Service To His Country
Kiriakou worked at the CIA from 1990 until 2004, risking his life on several occasions. He began his career at the CIA as an analyst, and later served as a counterterrorism operations officer overseas.
[font size="2"]Abu_Zubaydah
Kiriakou led the CIA team in the March 2002 raid and capture of Abu Zubaydah, then-al Qaedas #3.[/font size]
After the 9/11 terrorist attacks, Kiriakou became the chief of counterterrorism operations in Pakistan. CIA officials offered to train Kiriakou in enhanced interrogation techniques," but he refused. While serving in Pakistan, Kiriakou led the CIA team in the March 2002 raid and capture of Abu Zubaydah, who was considered al Qaedas third-ranking official at the time. Kiriakou sat with Abu Zubaydah for days after his capture, but did not witness the agency waterboarding him. The CIA distributed disinformation internally that Zubaydah had been waterboarded one time, and that as a result, he had cracked. It was later revealed that the CIA waterboarded Abu Zubaydah 83 times, and the waterboarding had not resulted in any actionable intelligence. Although Zubaydahs interrogations were videotaped, the CIA later destroyed the videos despite a judicial order to preserve them, claiming it was done to protect the identities of agents shown in the footage. Following Zubaydahs capture, Kiriakou became Executive Assistant to the CIAs Deputy Director for Operations, where he served as the Director of Central Intelligences principal Iraq briefer.
Kiriakou left the CIA in March 2004. He later served as a senior investigator for the Senate Foreign Relations Committee and as senior intelligence advisor to Committee Chairman Senator John Kerry. Kiriakou also authored a book and worked as an intelligence consultant.
Throughout his career, Kiriakou received 10 Exceptional Performance Awards, the Sustained Superior Performance Award, the Counterterrorism Service Medal, and the State Departments Meritorious Honor Award.
Kiriakous Disclosures
In the 2007 interview on ABC News, Kiriakou became the first CIA officer to publicly confirm that the CIA had waterboarded prisoners, and that such an action was torture. He also confirmed that torture was an official U.S. government policy, rather than wrongdoing by a few rogue agents.
CONTINUED with links, details, video, etc...
http://www.whistleblower.org/program-areas/homeland-security-a-human-rights/torture/ciatorture-whistleblower-john-kiriakou
If you believe in democracy, you'd say We the People need more of him. Then again, that's somebody with Integrity.
msanthrope
(37,549 posts)would suggest Chelsea Manning is in any way linked to a torture apologist who lied to help Mukasey get confirmed--lied and said that waterboarding was effective--
Kiriakou came into the public debate over torture and waterboarding on ABC World News in 2007, where correspondent Brian Ross (12/10/07) used him to advance the argument that waterboarding had an almost instantaneous effect on getting the truth from captured Al-Qaeda leader Abu Zubaydah. FAIR noted at the time that his comments should have been treated with more skepticism; the immediate implication viewers were to draw was that there was debate over torture's legality and/or effectiveness, and Kiriakou was telling us that it worked:
ROSS: So in your view, the waterboarding broke him?
KIRIAKOU: I think it did, yes.
ROSS: And did it make a difference in terms of
KIRIAKOU: It did. The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.
ROSS: And bottom line, as you sit here now, do you think that was worth it?
KIRIAKOU: Yes.
But as the Times' Shane put it (and has been known for several years), this was not correct:
While he had spent hours with Abu Zubaydah after the capture, he had not been present when Abu Zubaydah was waterboarded, a fact he made clear to me and some other interviewers. But based on what he had heard and read at the agency, he told ABC and other news organizations that Abu Zubaydah had stopped resisting after just 30 or 35 seconds of the suffocating procedure and told interrogators all he knew.
That was grossly inaccuratethe prisoner was waterboarded some 83 times, it turned out. Mr. Kiriakou believes that he and other CIA officers were deliberately misled by other agency officers who knew the truth.
http://www.fair.org/blog/2013/01/08/is-john-kiriakou-a-whistleblower/
Octafish
(55,745 posts)Do you really think he would if he was OK with it?
stevenleser
(32,886 posts)opportunity to take the comparison back.
I recommend that is what you do.
msanthrope
(37,549 posts)efficacy of waterboarding!
Look....this person has been smart enough to garner support by claiming he was a whistleblower about torture. He wasn't whistleblowing---he was bragging. And that lying helped get Mukasey confirmed.
CJCRANE
(18,184 posts)because he had already done a positive (very) limited hangout.
Rex
(65,616 posts)If only we would see 10% of that 'drive' spent on getting Dubya put behind bars. Oh well, as you can see many many Dems LOVE them some Big Brother!
CJCRANE
(18,184 posts)I'm not defending sending him to prison, that is another issue.
But he is most definitely not a whistleblowing hero.
Response to Rex (Reply #40)
CJCRANE This message was self-deleted by its author.
Octafish
(55,745 posts)It's like going to the police station to report a bank robbery and finding the sergeant at the desk was one of the robbers.
Imprisoned CIA Whistle-Blower John Kiriakou Has Advice for Edward Snowden
Everyone is corrupt, Ive come to learn
by Thomas Hedges
Published on Friday, July 12, 2013 by Salon
John Kiriakou, the former CIA officer who blew the whistle on Bushs torture program and is now in prison, sent an open letter to Edward Snowden last week warning him not to trust the FBI.
DO NOT, Kiriakou wrote, under any circumstances, cooperate with the FBI. FBI agents will lie, trick, and deceive you. They will twist your words and play on your patriotism to entrap you. They will pretend to be people they are not supporters, well-wishers, and friends all the while wearing wires to record your out-of-context statements to use against you. The FBI is the enemy; its part of the problem, not the solution.
These are the words of a registered Republican who voted for Gary Johnson, whom the Rosenberg Fund for Children denied a grant, informing him that he wasnt liberal enough, Kiriakou says, for the award and who last year received a birthday card from Jerry Falwell Jr.
Kiriakou is the first CIA veteran to be imprisoned. It was after he blew the whistle on Bushs torture program that the CIA, FBI and Justice Department came down on him, at first charging him with aiding the enemy and later convicting him of disclosing the identities of undercover colleagues at the CIA.
SNIP...
[font color="red"]In this weird, roundabout way, he told me then, the Justice Department, the FBI and the CIA made me the anti-torture guy, which I never set out to be But over the years, despite the initial intentions, my feelings have grown stronger and stronger against torture, that torture is not right under any circumstances.[/font color]
CONTINUED...
http://www.commondreams.org/view/2013/07/12-0
Hmmm. Weird is right. FBI and CIA made him out to be something he wasn't, but would become. And to think we even try to help such understand, eh, Rex?
bvar22
(39,909 posts)Our government (Democrats & Republicans) lost ALL pretense at being able to supervise themselves
when they turned their backs & ran away from that one.
xocet
(3,871 posts)Forward is the only polite direction for looking and/or leaning.
bvar22
(39,909 posts)xocet
(3,871 posts)P.S. Do you happen to speak French and do you like puns?
bvar22
(39,909 posts)despite my upbringing in New Orleans and the Cajan Bayous of South Louisiana,
I speak no French,
or "Fraunch" as they say in Grand Chenier, Louisiana.
nt.
Octafish
(55,745 posts)Fighting the spread of WMDs, in general. Counternuclearproliferation, specifically.
Yet, Bush and Cheney stopped them and endangered their network -- just to get at Ambassador Joseph Wilson.
Sorry to shout, bvar 22. It's for the hard of understanding.
L0oniX
(31,493 posts)yep ...the war criminal and chief ...George W Bush
...and the original leaker was Mr Grumpy (sorry forgot his name) ...some self important asscarrot.
hughee99
(16,113 posts)Libby got clemency, not a pardon. He got out of jail, but still had the fine and conviction on his record and had to serve probation.
struggle4progress
(118,330 posts)Tierra_y_Libertad
(50,414 posts)"We have to look forward..." , and all that.
librechik
(30,676 posts)JJChambers
(1,115 posts)msanthrope
(37,549 posts)L0oniX
(31,493 posts)Last edited Sat Mar 8, 2014, 05:38 PM - Edit history (1)
I've been reassured from the "My mother ..drunk of sober" government totalitarian shill gang that had any whistleblower gone to a lawyer first they would be protected ....because of course they never needed a whistleblower act in the first place. Oh of course all the concern for U.S. national security over human rights and the constitution is so patriotic. I am sooo sick of these malicious COINTELPRO loving plants.
CJCRANE
(18,184 posts)He was defending the then policy of the Bush administration.
ProSense
(116,464 posts)CJCRANE
(18,184 posts)and he then spilled the beans so to speak.
When more information came out it turned out that he had been waterboarded 83 times and KSM over 180 times (IIRC) with no clear indication that it was useful.
But of course by then, Kiriakou had already set the perception that it was a useful technique, and RW pundits rely on that perception to this day.
msanthrope
(37,549 posts)attacks that seem to stem from your interpersonal experiences with your family.
I urge you to cease the personal attacks, as 1) they make your argument less cohesive, and 2) are indicative of issues you may not wish to share. I am not your mother, and I am sorry you apparently have a bad relationship with her.
L0oniX
(31,493 posts)Most likely this is not applicable so this may or may not help you.
narcissism: Hypersensitivity to any insults or "imagined insults" (see criticism and narcissists, narcissistic rage and narcissistic injury)
msanthrope
(37,549 posts)Look, I get that you are upset with your mother, but I think it's inappropriate to bring it up in the context that you did. I urge you to refrain from conflating anonymous Internet posters with your family members.
L0oniX
(31,493 posts)msanthrope
(37,549 posts)you are.
I'm merely asking you to work out your family issues without involving me.
L0oniX
(31,493 posts)Project much? You are only embarrassing your self in front of your DU betters.
msanthrope
(37,549 posts)have some issue with me that you have conflated with problems with your mother. I don't think you quoted Chesterton so often and so vehemently just for fun....so, I urge you to resolve whatever problems you have, and leave me out of it.
Why not put me on ignore?
L0oniX
(31,493 posts)msanthrope
(37,549 posts)L0oniX
(31,493 posts)msanthrope
(37,549 posts)L0oniX
(31,493 posts)Rex
(65,616 posts)CJCRANE
(18,184 posts)1) whether he deserves to be behind bars
2) whether he's a whistleblower
I don't know enough about the law to speak on (1) but I remember his role very clearly at the time as an apologist for waterboarding.
I watched the interviews when they went out at the time and he was very clearly defending the waterboarding program.
stevenleser
(32,886 posts)truebluegreen
(9,033 posts)about justice in America and White House hypocrisy.
underthematrix
(5,811 posts)together in the other half of your sentence? very very funny
truebluegreen
(9,033 posts)WillyT
(72,631 posts)rafeh1
(385 posts)A justice system which publicly describes itself as criminal will provide criminal results.
rhett o rick
(55,981 posts)rhett o rick
(55,981 posts)and take the side of people like Panetta or Clapper. I dont expect that on a politically liberal message board.
The point of the OP was that punishment for the 1% isnt the same as for the 99%, and there are those here that rationalize that, that is ok.
Gen Clapper lied to Congress. He even admitted it when he choose to tell Ms. Mitchell his explanation INSTEAD OF CONGRESS. And there are people here that try to justify his lie.
Rachel Maddow said when speaking to Jon Stewart (I am paraphrasing from memory), that what we did with Iraq influences what we do today and will continue to influence us until we make those responsible accountable.
Throwing whistle-blowers in prison and allowing war criminals to be on talk shows is unconscionable. It is not what America is all about and those that try to rationalize that away are choosing the wrong side. This is a class war and Panetta, Clapper, Cartwright work for the 1%, and whistle-blowers work for the 99%. Which side are you on?
CJCRANE
(18,184 posts)However fair your general point is it doesn't alter the fact that Kiriakou was a neocon stooge who planted the notion in the MSM that torture was unbelievably quick and effective: "just 30 seconds" of waterboarding and your detainee will be singing like a canary!
rhett o rick
(55,981 posts)that whistle-blowers are treated badly while people that work for the 1% are given a pass, for the same crime or worse.
CJCRANE
(18,184 posts)That's what I object to. Kiriakou is not a posterboy for the 99% or whistleblowers.
He was part of the propaganda campaign that justified torture.
It started with him and continued with politicians like Cheney and pundits like Hannity.
KoKo
(84,711 posts)Kiriakou left the CIA in March 2004. He later served as a senior investigator for the Senate Foreign Relations Committee and as senior intelligence advisor to Committee Chairman Senator John Kerry. Kiriakou also authored a book and worked as an intelligence consultant.
Throughout his career, Kiriakou received 10 Exceptional Performance Awards, the Sustained Superior Performance Award, the Counterterrorism Service Medal, and the State Departments Meritorious Honor Award.
-----
CIA/Torture Whistleblower John Kiriakou
http://www.whistleblower.org/program-areas/homeland-security-a-human-rights/torture/ciatorture-whistleblower-john-kiriakou
John Kiriakou served in the CIA for over 14 years. During that time, he was involved in critical counterterrorism missions following the terrorist attacks of September 11, 2001. After 9/11, the CIA started down the dark path of becoming a paramilitary organization, but Kiriakou did not abandon his. He refused the CIAs offer to train him in enhanced interrogation techniques, and Kiriakou never authorized or engaged in these techniques that constituted torture. In fact, Kiriakou wrote of torture: There are some things we should not do, even in the name of national security.
After leaving the CIA, Kiriakou appeared on ABC News in an interview with Brian Ross, during which he became the first former CIA officer to confirm that the agency waterboarded detainees and label waterboarding as torture. Kiriakous interview revealed that this practice was not just the result of a few rogue agents, but was official U.S. policy approved at the highest levels of the government.
The government started investigating Kiriakou immediately after his media appearance. Five years later, the government finally succeeded in piecing together enough information to criminally prosecute him. He became the sixth whistleblower indicted by the Obama administration under the Espionage Act a law designed to punish spies, not whistleblowers.
Kiriakou became, and remains, widely viewed as an American hero who bravely served his country and blew the whistle on torture. In 2012, for example, Kiriakou was honored with the Joe A. Callaway Award for Civil Courage, an award given to individuals who advance truth and justice despite the personal risk it creates.
-Snip--
Meanwhile, countless others who have committed far graver offenses than Kiriakou have never been held accountable for their wrongdoing. For example, Scooter Libby, Vice President Dick Cheneys former Chief of Staff, also received a 30-month sentence for leaking the identity of CIA agent Valerie Plame. This leak, unlike Kiriakous whistleblowing disclosures, held no public value. President George W. Bush, however, commuted Libbys sentence. Similarly, Michael Vickers revealed the name of an intelligence official to the makers of Zero Dark Thirty
yet he was never held accountable for his disclosures. And General David Petraeus leaked information to a journalist with whom he was having an affair, but was also never punished or prosecuted.
Even more troubling is the fact that CIA agents who actually engaged in torture after 9/11 have never been prosecuted, nor have the officials who condoned or ordered torture, or the attorneys who wrote memos justifying the torture. Similarly, the officials who destroyed the videotapes that provided clear evidence of torture have never been held accountable for their wrongdoing.
The Plea]/b]
On Oct. 23, 2012, in order to avoid further legal fees and to ensure that he would not face up to 45 years away from his wife and five children, Kiriakou entered into a plea agreement. In exchange for pleading guilty to the one IIPA charge, the prosecution agreed to a 30-month sentence and dropped all four of the remaining charges, including all of the Espionage Act charges. Kiriakou was the first person to be convicted under the IIPA in 27 years.
Kiriakou was formally sentenced on January 25, 2013 to 30 months in federal prison. Two days prior to sentencing, Kiriakou was honored by inclusion of his portrait in artist Robert Shetterly's series "Americans Who Tell the Truth," which features notable truth-tellers from American history. A short video of the Washington, DC event unveiling the portrait is embedded below.
struggle4progress
(118,330 posts)By BRIAN STELTER
Published: April 27, 2009
... Mr. Zubaydah started to cooperate after being waterboarded for probably 30, 35 seconds, Mr. Kiriakou told the ABC reporter Brian Ross. From that day on he answered every question.
His claims unverified at the time, but repeated by dozens of broadcasts, blogs and newspapers have been sharply contradicted by a newly declassified Justice Department memo that said waterboarding had been used on Mr. Zubaydah at least 83 times ...
On Dec. 10, in the subsequent interview, Mr. Kiriakou told Mr. Ross that he believed the waterboarding was necessary in the months after the 9/11 attacks ...
Mark Danner, a journalist who has written extensively about the covert program for The New York Review of Books, said the news reports had fed the idea that brutal interrogations could instantly glean information about terrorist plans ...
http://www.nytimes.com/2009/04/28/business/media/28abc.html?pagewanted=all&_r=0
Kiriakou was a lying shill for rightwing torture apologists
KoKo
(84,711 posts)CJCRANE
(18,184 posts)I now think he was more of a useful idiot than a knowing propagandist (as per additional information provided in this thread).
La Lioness Priyanka
(53,866 posts)everyone unanimously would praise whistleblowers.
xocet
(3,871 posts)rhett o rick
(55,981 posts)CJCRANE
(18,184 posts)I followed this in real-time in the Bush era. Kiriakou was not a whistleblower. He was a torture apologist.
That has nothing to do with Obama.
Maybe it was wrong to send Kiriakou to prison but he is not the progressive or whistleblowing posterboy that everyone is making him out to be.
Everything does not need to be divided into two camps "Obama = bad" or "Obama = good".
KoKo
(84,711 posts)CIA/Torture Whistleblower John Kiriakou
Kiriakou left the CIA in March 2004. He later served as a senior investigator for the Senate Foreign Relations Committee and as senior intelligence advisor to Committee Chairman Senator John Kerry. Kiriakou also authored a book and worked as an intelligence consultant.
Throughout his career, Kiriakou received 10 Exceptional Performance Awards, the Sustained Superior Performance Award, the Counterterrorism Service Medal, and the State Departments Meritorious Honor Award.
http://www.whistleblower.org/program-areas/homeland-security-a-human-rights/torture/ciatorture-whistleblower-john-kiriakou
John Kiriakou served in the CIA for over 14 years. During that time, he was involved in critical counterterrorism missions following the terrorist attacks of September 11, 2001. After 9/11, the CIA started down the dark path of becoming a paramilitary organization, but Kiriakou did not abandon his. He refused the CIAs offer to train him in enhanced interrogation techniques, and Kiriakou never authorized or engaged in these techniques that constituted torture. In fact, Kiriakou wrote of torture: There are some things we should not do, even in the name of national security.
After leaving the CIA, Kiriakou appeared on ABC News in an interview with Brian Ross, during which he became the first former CIA officer to confirm that the agency waterboarded detainees and label waterboarding as torture. Kiriakous interview revealed that this practice was not just the result of a few rogue agents, but was official U.S. policy approved at the highest levels of the government.
The government started investigating Kiriakou immediately after his media appearance. Five years later, the government finally succeeded in piecing together enough information to criminally prosecute him. He became the sixth whistleblower indicted by the Obama administration under the Espionage Act a law designed to punish spies, not whistleblowers.
Kiriakou became, and remains, widely viewed as an American hero who bravely served his country and blew the whistle on torture. In 2012, for example, Kiriakou was honored with the Joe A. Callaway Award for Civil Courage, an award given to individuals who advance truth and justice despite the personal risk it creates.
-Snip--
Meanwhile, countless others who have committed far graver offenses than Kiriakou have never been held accountable for their wrongdoing. For example, Scooter Libby, Vice President Dick Cheneys former Chief of Staff, also received a 30-month sentence for leaking the identity of CIA agent Valerie Plame. This leak, unlike Kiriakous whistleblowing disclosures, held no public value. President George W. Bush, however, commuted Libbys sentence. Similarly, Michael Vickers revealed the name of an intelligence official to the makers of Zero Dark Thirty yet he was never held accountable for his disclosures. And General David Petraeus leaked information to a journalist with whom he was having an affair, but was also never punished or prosecuted.
Even more troubling is the fact that CIA agents who actually engaged in torture after 9/11 have never been prosecuted, nor have the officials who condoned or ordered torture, or the attorneys who wrote memos justifying the torture. Similarly, the officials who destroyed the videotapes that provided clear evidence of torture have never been held accountable for their wrongdoing.
The Plea]/b]
On Oct. 23, 2012, in order to avoid further legal fees and to ensure that he would not face up to 45 years away from his wife and five children, Kiriakou entered into a plea agreement. In exchange for pleading guilty to the one IIPA charge, the prosecution agreed to a 30-month sentence and dropped all four of the remaining charges, including all of the Espionage Act charges. Kiriakou was the first person to be convicted under the IIPA in 27 years.
Kiriakou was formally sentenced on January 25, 2013 to 30 months in federal prison. Two days prior to sentencing, Kiriakou was honored by inclusion of his portrait in artist Robert Shetterly's series "Americans Who Tell the Truth," which features notable truth-tellers from American history. A short video of the Washington, DC event unveiling the portrait is embedded below.
CJCRANE
(18,184 posts)His story is more complex than I imagined.
It appears that he didn't know that he was whistleblowing when he did the first TV interview because it was standard practice at that time and also common knowledge in Washington.
It also appears that he didn't know that he was giving incorrect information - in effect downplaying the negative effects of waterboarding and selling its alleged effectiveness.
So he may have been a useful idiot or a publicity seeker or a bit of both.
However, I agree that he didn't deserve the treatment he got from the various authorities.
ProSense
(116,464 posts)...his mind in 2010.
CIA Agent Takes Back Waterboarding Claims
http://www.cbsnews.com/news/cia-agent-takes-back-waterboarding-claims/
In 2007, he was pushing the claim that waterboarding works:
Coming in From the Cold: CIA Spy Calls Waterboarding Necessary But Torture
http://abcnews.go.com/Blotter/story?id=3978231
ProSense
(116,464 posts)"i think this is because obama is in charge, if the same thing happened under bush everyone unanimously would praise whistleblowers."
Reporter Says He First Learned of C.I.A. Operative From Rove
http://www.democraticunderground.com/10022850304
Did you support the Plame investigation?
Some people used to be against outing a CIA operative.
The thing here is that Kiriakou was bragging about the effectiveness of waterboarding. Also, it was during the Bush administration: 2007 and 2008.
sibelian
(7,804 posts)There are people posting here for all sorts of interesting reasons.
As for whose side they're on, that's simple, all you have to do is read what they post.
woo me with science
(32,139 posts)I see the professionals are here.
Sunlei
(22,651 posts)I don't think it's right to run to the press these days.
Of course back in the bushgang days 'whistle-blowers' on their admin. dirt or even whistle-blowers on contractor corruption were doomed.
I do think all those people who exposed bushera corruption and are now in Federal prison should be pardoned. Enough punishment.
And I do not think the (Bush era) Federal terror-laws should be used to punish people for civil crimes.
A lot of people in Federal prisons for decades did crimes that in regular society they would get probation, or just a couple years for.
Catherina
(35,568 posts)John Kiriakou was smeared and slimed by the corporate media. I hope the damage to his name can be undone. Thanks for posting this.
Rec'd
CJCRANE
(18,184 posts)So, the corporate media wasn't the problem in this case.
For whatever reason the FBI and CIA decided to go after him.
Catherina
(35,568 posts)he turned on and betrayed his masters. Sorry for being unclear. I do believe people can change, that they can see so much that their conscience can't take it anymore and I think that's what happened to him.
I haven't read this whole thread so I apologize if this is old news to you but you said "for whatever reason". Here's an explanation of those reasons
By Mel Fabrikant Friday, October 12, 2012, 06:33 AM EDT
Today, the Government Accountability Project (GAP) applauds the recent announcement of the 2012 Joe A. Callaway Awards for Civic Courage winners by the Shafeek Nader Trust for the Community Interest. This years awards recognize CIA torture whistleblower John Kiriakou, and NSA whistleblowers William Binney and J. Kirk Wiebe. All three recipients are GAP clients: national security whistleblowers who stood up for constitutional rights and American values, at great risk to their personal and professional lives.
...
CIA-Torture Whistleblower John Kiriakou
John Kiriakou is a former CIA officer who publicly acknowledged that waterboarding constituted torture. For this and other whistleblowing activities, Kiriakou became the sixth whistleblower to be indicted by the Obama administration under the Espionage Act more than all previous presidential administrations combined.
Kiriakou worked at the CIA for almost 15 years in a variety of roles, including as an analyst specializing on Iraq and as a counterterrorism operative. Following the 9/11 attacks, Kiriakou was named Chief of Counterterrorism Operations in Pakistan, where he led a series of raids on al Qaeda safe houses that resulted in the capture of dozens of suspected al Qaeda fighters including Abu Zubaydah, then thought to be al Qaedas third-ranking official.
In December 2007, Kiriakou gave an interview to ABC News, during which he described his participation in the capture of Zubaydah. In the interview, Kiriakou publicly acknowledged that waterboarding constituted torture, and that torture was a policy rather than the actions of a few rogue agents. He also said that the U.S. should not engage in the practice.
Since his 2007 interview, Kiriakou has been an outspoken critic of the George W. Bush administrations torture polices in the media and in his 2009 book, The Reluctant Spy: My Secret Life in the CIAs War on Terror.
When President Obama took office in 2009, he promised that he would not prosecute any government officials who engaged in torture if they were following Justice Department guidance. Three years later, the Obama Justice Department indicted Kiriakou, who not only helped to expose the torture policy of the Bush administration but refused to engage in it. The Justice Department used the heavy-handed Espionage Act of 1917, a law meant to target spies, not whistleblowers, to target Kiriakou. Ironically, after indicting Kiriakou for his disclosure, Attorney General Eric Holder closed the investigation of government officials suspected of engaging in torture that resulted in the deaths of at least two detainees. Kiriakou's trial is scheduled for late November 2012.
http://www.paramuspost.com/article.php/20121012063359979
CJCRANE
(18,184 posts)I have more respect him now. I didn't know the full story.
Catherina
(35,568 posts)struggle4progress
(118,330 posts)from 2007. It's just slick apologetics: even in the first interview, Kiriakou claims to be deeply troubled by torture, but his take-home message is always that the US had no time to use more sophisticated methods, that waterboarding is extremely effective, and that he'd use the same techniques again. Quite a lot of what he said turned out later to be factually incorrect. Since then, his supporters preferentially cite his statements about his discomfort with torture to claim he was whistle-blowing -- but he wasn't: he was pushing the nice folksy-sounding line: Like you, I'm not comfortable with torture, but it really works incredibly well in an emergency, and I'd do it again
BRIAN ROSS: But given that you felt that-- water-boarding and the enhanced interrogation broke him, if you -- if somebody else was caught today, wouldn't you wanna use those same techniques?
JOHN: I think that I would be very tempted to use the same techniques. I --
BRIAN ROSS: In other words, in your view, they -- they do work?
JOHN: I-- yes, they do work.
http://abcnews.go.com/images/Blotter/brianross_kiriakou_transcript1_blotter071210.pdf
http://abcnews.go.com/images/Blotter/brianross_kiriakou_transcript2_blotter071210.pdf
... it's important to recall that Kiriakou's role in the media debate over torture was, in effect, to endorse the practicealbeit with some caveats.
Is John Kiriakou a Whistleblower?
By Peter Hart
woo me with science
(32,139 posts)Lots of personas with buckets milling around...