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This Week on Honesty Without Fear

Tune in today at 5:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half, David Colapinto interviews William "Bill" Binney, a former employee of the National Security Agency (NSA), who blew the whistle on the secret surveillance of everyday communications by American citizens. Mr. Binney will explain the extent of NSA's illegal data-gathering since 9/11, and describe the government's attempts to silence and intimidate him from speaking out about the evisceration of Americans' privacy.

In the second half, Lindsey Williams will interview David Colapinto about how the new Presidential Policy Directive will actually affect national security whistleblowers, like Mr. Binney.

Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

 

Missed last week's episode?? You can listen to the podcast.

The Growing Power of the NSA

We may be much closer to living in an Orwellian state than many think, suggests William Binney, a National Security Agency (NSA) whistleblower. Binney served as an NSA employee for almost 40 years, including time as technical director of the NSA’s World Geopolitical and Military Analysis Reporting Group, before leaving his post in October of 2001. In his first interview since he quit his job because of the domestic surveillance program, he sat down with Democracy Now! to discuss the NSA’s colossal power to spy on Americans.

Binney interviewed with two other individuals who have been frequent targets of government surveillance: Laura Poitras, an Oscar nominated documentary filmmaker, and producer and Jacob Appelbaum, a computer security researcher and Wikileaks volunteer. Both have been interrogated and regularly detained upon entrance into the United States. Their computers, cameras, and cell phones have been seized and presumably copied.

William Binney began the conversation discussing the role of the NSA and how its operation drastically changed post 9/11. After the 2001 attacks, the NSA began collecting roughly 320 million records of US –to- US citizen communication from commercial companies, largely AT&T. After this occurred, Binney “knew [he] could not stay there” and “had to leave.” Not only did this collection infringe upon constitutional rights, it also violated the Pen Registry Act, the Stored Communications Act, the Electronic Privacy Act, and the Intelligence Acts of 1947 and 1978.

With knowledge of the illegal data collection that was occurring, Binney and a few colleagues filed a DOD-IG report to the Pentagon and Inspector General reporting on the corruption, waste, fraud, and abuse that was occurring at the NSA. Because his signature was on this document, his home was raided on July 26, 2007, with his family present. Roughly a dozen FBI Agents entered his residence with guns drawn. He was separated from his family and interrogated.

Binney believes that the US government has copies of many or almost all e-mails sent in the United States. He also mentioned that surveillance has increased under the Obama administration. In his own assessment, Binney estimates that 20 trillion transactions between US citizens have been accumulated. This only accounted for phone calls and emails, no credit card transactions, online searches, etc.

The NSA is quietly building the largest spy center in the country in Bluffdale, Utah. This facility will become a bottomless database of information stored by the agency, including private emails, cell phone calls, google searches, and other personal data. Binney was a key source of James Bamford’s recent exposé in Wired Magazine’s article surrounding the Bluffdale center.

Laura Poitras reports in her interview that she has been detained a staggering 40 times at the U.S. border. This detention began in 2006 when she started working on a series of films reflecting upon the U.S. post 9/11. Similarly, Jacob Appelbaum has been searched and detained at the border since 2010. He tells Democracy Now! that he has been interrogated about a dozen times. On one occasion, Appelbaum had his laptop and cell phone confiscated. When asked to further explain the situation and enlighten the audience as to why these items were seized, Appelbaum stated that he could not talk about that situation because “we don’t live in a free country.”

National security whistleblowers have a rocky road ahead of them after they blow the whistle. They have very few, if any rights. National security whistleblowers risk losing their security clearance and under the current administration, they risk criminal prosecution under the Espionage Act (see our blog posting on Thomas Drake to find out more on this issue).

If Americans want to know what abuses are occurring within the intelligence community, we must pass strong, sustainable whistleblower protection rights for national security employees.  Those uncovering the waste and fraud must have a secure avenue to report violations that harm the public and waste taxpayer money.

*Intern Kara Gleason contributed this article

Government drops all serious charges against Drake

News is breaking that federal prosecutors have agreed to drop all serious (felony) charges against Thomas Drake, the Maryland whistleblower from the National Security Administration (NSA). In a face-saving ploy by the government, prosecutors insisted that Drake plead guilty to a misdemeanor of exceeding authorized use of a government computer.  Drake agreed, with the proviso that he will receive no fine and no jail time.

Drake worked for years to get NSA to stop wasting $1.2 billion of taxpayer dollars on the the mismanaged Trailblazer program that sought to have outside contractors sift through torrents of email and phone calls without any warrants.  After he exhausted efforts at internal whistleblowing, he raised his concerns with a reporter from the Baltimore Sun. Drake insists that he disclosed no classified information. The Bush administration decided against pressing any criminal case against Drake.  The new administration commenced controversial charges under the Espionage Act. Today, those charges are gone. The government's case was hamstrung by an administration decision to withhold the key information because it would disclose information about how the government receives or reviews information.

We are happy for Drake that the serious charges against him are dismissed. I call on the administration to immediately pardon Drake for the misdemeanor offense.  Government employees should not face criminal charges for helping the American people discover waste, fraud and abuse committed with their tax dollars. The managers who wasted the $1.2 billion suffered no consequences. Drake should be rewarded, not punished, for putting his career on the line by raising a concern about integrity.

DOJ drops investigation of NSA whistleblower Thomas Tamm

In 2005, Thomas Tamm worked for the Justice Department's Office of Intelligence Policy and Review. He leaked information to the New York Times that exposed how the National Security Agency (NSA) was conducting illegal wiretaps. In 2008, Sam Dratch urged here against prosecution of Tamm.  Numerous news sources are reporting this week that the Department of Justice (DOJ) has decided to close its investigation of Tamm without filing any charges. The Daily Beast is also reporting that DOJ has apparently dropped its investigation of NSA whistleblower Russell Tice. In both cases, this is good news for the whistleblowers, and good news for American citizens who believe in the public's right to know when their government officials violate the law.

Feds prosecute another whistleblower

The U.S. Justice Department is prosecuting another whistleblower.  According to an indictment by a Baltimore grand jury (reported here by the New York Times), Thomas A. Drake released classified emails showing that the National Security Administration (NSA) wasted billions of taxpayer dollars trying to get computers to collect and sort electronic information. The government is also charging that Drake shredded documents, deleted computer files and lied to investigators to conceal his communications with reporters.

Glenn Greenwald writes in Salon.Com that this prosecution is "one of the worst steps the Obama administration has taken yet." He railed against the Bush administration for protecting officials who engaged in illegal snooping, yet prosecuting those who revealed the illegality. While President Obama decided to "look forward, not backward," this prosecution is a backward step. Greenwald cites the Siobhan Gorman article from the Baltimore Sun reporting that the NSA pursued the "Trailblazer" program when an alternative "Thin Thread" program had privacy protections designed to ensure that the NSA would not eavesdrop on the domestic calls of U.S. citizens. To me, this is another example of the government collecting so many dots that it does not have the resources or talent to connect them.  If the government was more respectful of the Fourth Amendment, and collected only that information supported by probable cause of unlawful activity, it would have fewer and better dots to connect.

John Cole compares the Drake prosecution with the non-prosecution of Porter Goss -- the CIA Director who authorized the destruction of the torture videos. "The message is clear - you torture people and then destroy the evidence, and you get off without so much as a sternly worded letter. If you are a whistleblower outlining criminal behavior by the government, you get prosecuted."