Leaking information to the public now appears to be a federal crime.

Glenn Greenwald comments on some disturbing information recently obtained pursuant to a Freedom of Information Act request.

It seems clear that the US military now deems any leaks of classified information to constitute the capital offense of "aiding the enemy" or "communicating with the enemy" even if no information is passed directly to the "enemy" and there is no intent to aid or communicate with them. Merely informing the public about classified government activities now constitutes this capital crime because it "indirectly" informs the enemy. The implications of this theory are as obvious as they are disturbing. If someone can be charged with "aiding" or "communicating with the enemy" by virtue of leaking to WikiLeaks, then why wouldn't that same crime be committed by someone leaking classified information to any outlet: the New York Times, the Guardian, ABC News or anyone else? In other words, does this theory not inevitably and necessarily make all leaking of all classified information - whether to WikiLeaks or any media outlet - a capital offense: treason or a related crime?

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The media establishment’s long intense irrational hatred of Julian Assange

Glenn Greenwald, who now writes for the U.K. Guardian, sums up the media establishment's hatred of Julian Assange:

In 2008 – two years before the release of the "collateral murder" video, the Iraq and Afghanistan war logs, and the diplomatic cables – the Pentagon prepared a secret report which proclaimed WikiLeaks to be an enemy of the state and plotted ways to destroy its credibility and reputation. But in a stroke of amazing luck, Pentagon operatives never needed to do any of that, because the establishment media in the US and Britain harbor at least as much intense personal loathing for the group's founder as the US government does, and eagerly took the lead in targeting him. Many people like to posit the US national security state and western media outlets as adversarial forces, but here – as is so often the case – they have so harmoniously joined in common cause. Whatever else is true, establishment media outlets show unlimited personal animus toward the person who, as a panel of judges put it when they awarded him the the 2011 Martha Gellhorn prize for journalism, "has given the public more scoops than most journalists can imagine."

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Julian Assange seeks asylum from Ecuador

Julian Assange, facing imminent extradition to Sweden, has decided to seek asylum from Ecuador. Glenn Greenwald explains why this is an utterly rational decision for the creator of Wikileaks:

In 2010, a top official from that country offered Assange residency (though the Ecuadorian President backtracked after controversy ensued). Earlier this month, Assange interviewed that nation’s left-wing President, Rafael Correa, for his television program on RT. Among other things, Correa praised the transparency brought about by WikiLeaks’ release of diplomatic cables as being beneficial for Ecuador (“We have nothing to hide. If anything, the WikiLeaks [releases] have made us stronger”). President Correa also was quite critical of the U.S., explaining the reason he closed the American base in his country this way: “Would you accept a foreign military base in your country? It’s so simple, as I said that at the time, there is no problem in having a U.S. military base in Ecuador but ok, perfect - we can give permission for the intelligence base only if they allow us to install an Ecuadorian base in the United States, a military base. That’s it, no more problem.”
In this same article, Greenwald explains why Assange has no reason to expect fair treatment from Sweden or the United States. See also this post, indicating that the U.S. prosecution of Assange is an attack on democracy itself. The "crime" of Assange is that he has done, only better, what the New York Times does when it wins awards.

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Court secrecy dominates one of the biggest government leak trials in history.

Bradley Manning will be tried by the U.S. government, and there will not be open media access to the proceedings. This might suggest to a reasonable person that the U.S. government has something to hide. That's what the U.S. government would say about some other country that is not giving the media easy access to the proceedings. Kevin Gosztola of FDL explains:

A challenge against secrecy in court martial proceedings for Pfc. Bradley Manning, who is accused of releasing classified information to WikiLeaks, was filed in the Army Court of Criminal Appeals (ACCA) on Thursday. The challenge—a petition for extraordinary relief—is being submitted to order the judge to grant the press and the public access to court filings, such as government motions, court orders and transcripts of proceedings. . . . While I have concerns about the constitutional implications posed by a government intent to convict Manning in secret, I find that my experience as a credentialed media reporter, who has been attending Manning’s legal proceedings since December of last year, gives me the authority and obligation to oppose the ridiculousness that is the judge’s decision to dismiss concerns from the press about lack of access to court filings. And so, I support this challenge as a member of the press whose job has been complicated unnecessarily by the government’s penchant for secrecy in the Manning proceedings. . . . Secrecy makes it likely Manning’s trial will be improper and unfair. As a soldier who is accused of one of the biggest leaks or security breaches in history, Manning deserves a trial that is much more open.

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NSA whistleblower: The Federal Government has your emails

Former NSA employee, and now whistleblower, Willian Binney believes domestic surveillance has become more expansive under President Obama than President George W. Bush.

He estimates the NSA has assembled 20 trillion "transactions" — phone calls, emails and other forms of data — from Americans. This likely includes copies of almost all of the emails sent and received from most people living in the United States.
Binny indicates that the federal government is not being honest to the extent that it suggests that it does not possess massive amounts of emails and phone calls made to and from Americans (min 55), in addition to records of our bank transactions and internet searches. And as I posted a few days ago, the federal government is not satisfied. It wants more of your private data, and more legal cover for spying on ordinary law-abiding Americans. The participants to this surreal (though completely credible) discussion include Amy Goodman and Juan Gonzalez of Democracy Now, and their guests: William Binney, served in the NSA for over 30 years, including a time as director of the NSA’s World Geopolitical and Military Analysis Reporting Group. Since retiring from the NSA in 2001, he has warned that the NSA’s data-mining program has become so vast that it could "create an Orwellian state." Jacob Appelbaum, a computer security researcher who has volunteered with WikiLeaks. He is a developer and advocate for the Tor Project, a network enabling its users to communicate anonymously on the internet. Laura Poitras, an award-winning documentary filmmaker and producer. She is working on the third part of a trilogy of films about America post-9/11. The first film was My Country, My Country," and the second was The Oath. The above video is but one part of an extraordinary discussion on Democracy Now. Consider, also, the story of Laura Poitras:
The Academy Award-nominated filmmaker Laura Poitras discusses how she has been repeatedly detained and questioned by federal agents whenever she enters the United States. Poitras said the interrogations began after she began working on her documentary, "My Country, My Country," about post-invasion Iraq. Her most recent film, "The Oath," was about Yemen and Guantánamo and follows the lives of two past associates of Osama bin Laden. She estimates she has been detained approximately 40 times and has had her laptop, cell phone and personal belongings repeatedly searched.
And the story of Jacob Appelbaum:
a computer researcher who has faced a stream of interrogations and electronic surveillance since he volunteered with the whistleblowing website, WikiLeaks. He describes being detained more than a dozen times at the airport and interrogated by federal agents who asked about his political views and confiscated his cell phone and laptop. When asked why he cannot talk about what happened after he was questioned, Appelbaum says, "Because we don’t live in a free country. And if I did, I guess I could tell you about it." A federal judge ordered Twitter to hand over information about Appelbaum’s account. Meanwhile, he continues to work on the Tor Project, an anonymity network that ensures every person has the right to browse the internet without restriction and the right to speak freely.
The same show also featured William Binney:
In his first television interview since he resigned from the National Security Agency over its domestic surveillance program, William Binney discusses the NSA’s massive power to spy on Americans and why the FBI raided his home after he became a whistleblower. Binney was a key source for investigative journalist James Bamford’s recent exposé in Wired Magazine about how the NSA is quietly building the largest spy center in the country in Bluffdale, Utah. The Utah spy center will contain near-bottomless databases to store all forms of communication collected by the agency, including private emails, cell phone calls, Google searches and other personal data.

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