Tag Archives: Glenn Greenwald

And The Verdict Is… Open!

Eli Lake at The Washington Times:

President Obama on Monday lifted the ban he imposed two years ago on military trials for detainees at the Guantanamo Bay prison, ending his bid to move most terrorism trials to civilian courts and pushing his already busted deadline for shuttering the island prison indefinitely forward.

The reversal came as Defense Secretary Robert M. Gates visited Afghanistan and indicated that he was willing to keep a presence of U.S. forces in the war-torn country beyond the Obama administration’s 2014 pullout goal, highlighting again the difficulty the president has had moving from the policies of President George W. Bush.

Mr. Obama announced the Guantanamo decision in an executive order that also sets forth a periodic review process for detainees who have not been charged or convicted but are still considered threats to the U.S.

White House aides stressed that Mr. Obama remains committed to closing the prison, which he has described as a key recruiting tool for terrorist groups, and pursuing some cases in civilian courts. Mr. Obama vowed during the campaign to close the prison by the end of 2009, his first year in office.

Massimo Calabresi at Swampland at Time:

All of this responds to Obama’s archives speech of May 2009, where he walked back his more progressive January 2009 position but tried to retain a bulwark of detention and prosecution principles for terrorism detainees. Since then, Congress has passed laws blocking the closure of Gitmo by preventing the transfer of detainees by the executive branch. House and Senate Republicans (McKeon and Graham) are expected to introduce bills further blocking detainee access to U.S. courts in the coming week.

On a conference call Monday, Obama senior advisors said the president remains committed to closing Gitmo by diminishing the number of detainees held there. But the moves announced today could have the opposite effect, admits a senior White House official. The Bush and Obama administrations have faced repeated habeas corpus challenges to their detention of alleged terrorists at Gitmo. Last I checked, detainees bringing habeas cases were winning by a 4-to-1 ratio. By increasing due process at Gitmo, the new measures make it more likely judges will defer to the executive branch and rule against detainees claiming they are being held unfairly at Gitmo. One administration official argued that judges would not be affected by the new procedures.

The habeas releases remain the only way that Gitmo’s numbers can decrease these days. The administration is still debating how to comply with the Congressional ban, but as long as it is in place even a detainee who uses his new due process rights to challenge his detention in military commissions and wins will stay in Gitmo forever… or until Congress changes its mind about closing it down.

Amy Davidson at The New Yorker:

Who wins in this? Do we think that “American system of justice” means whatever it is Americans do, as long as some court-like trappings are present? The order acknowledges that the “privilege of the writ of habeas corpus” is available to inmates, but also sets up a routine for holding prisoners indefinitely without charges (what the order calls “the executive branch’s continued, discretionary exercise of existing detention authority”). In statements today, Obama, Attorney General Eric Holder, and Secretary of Defense Robert Gates all mentioned how highly they thought of the federal court system. Gates said,

For years, our federal courts have proven to be a secure and effective means for bringing terrorists to justice. To completely foreclose this option is unwise and unnecessary.

So this order doesn’t “completely foreclose” on the rule of law—is a partial foreclosure supposed to count as a moral stand? Given all the nice things the Administration has to say about the federal court system, one would think that it might find it wise, and even necessary, to actually use it a bit more. Instead, the statements seem more concerned to note that the President is not giving up any options or powers—as if bringing accused murderers to court were a prerogative, rather than an obligation. No doubt, Republicans, and some Democrats, have made it hard for Obama to close Guantánamo. But it might be easier if he wanted to do it; the order today makes it sound like he considers it a somewhat useful place. It is not.

Speaking of questionable detention measures: Can someone in the Administration explain, slowly and clearly, why Bradley Manning, the soldier accused of leaking the WikiLeaks cables, is required to stand naked in front of his cell in the morning and sleep naked, ostensibly for his own protection? The military’s explanations so far—that he could somehow harm himself with underwear (though he is not on suicide watch and is being monitored by video) so he can’t sleep in any, and then there is just no time for him to put underwear on in the morning before they get him out of the cell—are just not plausible. (By coincidence, a case about Americans being strip-searched after being arrested for minor offenses may be coming before the Supreme Court.) A naked man who hasn’t been convicted of a crime—that shouldn’t be what American justice looks like.

Josh Rogin at Foreign Policy

Bryan Preston at PJ Tatler:

Only two years into his presidency, Barack Obama has learned that there are no easy answers to dealing with captured transnational terrorists. It’s easy to create sound bites decrying the evils of holding terrorists at Gitmo, and it’s easy to create sound bites about how awful it is to try them in military tribunals (even though that’s where illegal enemy combatants should rightfully be tried), but it’s very hard to change reality. So bowing to reality, Obama has authorized the re-start of military trials for captured terrorists.

John Yoo at Ricochet:

The Obama administration’s anti-war campaign rhetoric and naive first-year promises continue to collide with reality.  And happily, reality continues to prevail.  The Obama administration has finally admitted, I think, that the Bush administration’s decision to detain al Qaeda operatives and terrorists at Gitmo was sensible.  It wasn’t driven by some bizarre desire to mistreat terrorists, but instead was the best way to address security concerns without keeping them in Afghanistan or inside the United States.

It also turns out that the military commission trials too were a sensible decision.  Civilian trials threaten the revelation of valuable intelligence in a covert war where hostilities are still ongoing. Military commissions allow a fair trial to be held but one that does not blow our wartime advantages.  Meanwhile, the Obama administration’s track record has been poor — it was lucky to get the limited convictions that it has.  Obama folks owe an apology to the Bush administration for their unjust criticism of military trials.

It should also be noted that Obama did not come to this turnabout after reasoned consideration alone.  I think there are significant figures in the administration that would still love to close Gitmo tomorrow and give every terrorist the same exact trials reserved for Americans who commit garden-variety crimes.  Congress dragged the administration kicking and screaming to this destination by cutting off funds for the transfer of any detainees from Gitmo to the U.S.  This effectively used Congress’s sole power of the purse to prevent Obama from making a grievous national security mistake.  The new Congress should continue to keep the ban in its Defense spending bills to prevent Obama from another 180 degree turn.

Adam Serwer at Greg Sargent’s place:

Conservatives committed to burnishing Bush’s legacy were quick to claim vindication, arguing that the decision proved that the detention camp at Gitmo was a good idea all along. But Obama’s decision doesn’t prove this at all.

The administration also released an executive order outlining its new indefinite detention policy. Not much has changed from when I first wrote about it a few months ago — the new procedures formally adopt what Karen Greenberg referred to as “the heart of Bush policy” while making the process marginally fairer by allowing individuals detained indefinitely who have lost their habeas cases to be represented by counsel during periodic reviews every six months.

The president and the secretary of defense also reiterated the importance of trying terrorists in federal courts, but they might as well be shouting into the wind. The ban on funds for transfers of Gitmo detainees to federal court won’t be going away any time soon, but it’s worth remembering that ban actually ensures that fewer terrorists would be brought to justice than would be otherwise. Only six terrorists have ever been convicted in military commissions, compared to hundreds in federal court.

Failing to close Gitmo remains the most visible symbol of the president’s failure to reverse the trajectory of Bush-era national security policy, but the reality, as Glenn Greenwald notes this morning, is that most of the substantive decisions adopting Bush policies were made long ago. The new policies don’t amount to a “reversal” on the issue of whether Gitmo should be closed. Republicans are eager to portray Gitmo staying open as a “vindication” of the prison’s usefulness, but the fact that the indefinite detention order is limited to detainees currently at Gitmo means that the administration won’t be reopening the facility to new detainees, as Bush apologists have suggested doing.

Gitmo isn’t open because the administration doesn’t want to close it, although its efforts in this area are ripe for criticism. It’s still open because Republicans in Congress successfully frightened Democrats in Congress out of giving the administration the necessary funds to close it when they had control of Congress. In the process, they’ve managed to obscure the original reason detainees were brought to Gitmo — to keep them away from the scrutiny of the federal courts. Once the Supreme Court held that federal courts had jurisdiction and even habeas rights, the facility was useless for that purpose. Republicans are determined to keep it open not because we can’t safely imprison terrorists in the U.S., but because they feel its ongoing presence vindicates Bush in the eyes of history.

Glenn Greenwald

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Filed under GWOT, Political Figures

The Continued Case Of Bradley Manning

Charlie Savage at NYT:

The Army announced 22 additional charges on Wednesday against Pfc. Bradley Manning, the military intelligence analyst who is accused of leaking a trove of government files to WikiLeaks a year ago.

The new charges included “aiding the enemy”; wrongfully causing intelligence to be published on the Internet, knowing that it was accessible to the enemy; multiple counts of theft of public records, transmitting defense information and computer fraud. If he is convicted, Private Manning could be sentenced to life in prison.

“The new charges more accurately reflect the broad scope of the crimes that Private First Class Manning is accused of committing,” said Capt. John Haberland, an Army spokesman.

The charges provide new details about when prosecutors believe that Private Manning downloaded copies of particular files from a classified computer system in Iraq. For example, the charges say he copied a database of more than 250,000 diplomatic cables between March 28 and May 4, 2010.

Glenn Greenwald:

Most of the charges add little to the ones already filed, but the most serious new charge is for “aiding the enemy,” a capital offense under Article 104 of the Uniform Code of Military Justice. Although military prosecutors stated that they intend to seek life imprisonment rather than the death penalty for this alleged crime, the military tribunal is still empowered to sentence Manning to death if convicted.

Article 104 — which, like all provisions of the UCMJ, applies only to members of the military — is incredibly broad. Under 104(b) — almost certainly the provision to be applied — a person is guilty if he “gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly” (emphasis added), and, if convicted, “shall suffer death or such other punishment as a court-martial or military commission may direct.” The charge sheet filed by the Army is quite vague and neither indicates what specifically Manning did to violate this provision nor the identity of the “enemy” to whom he is alleged to have given intelligence. There are, as international law professor Kevin Jon Heller notes, only two possibilities, and both are disturbing in their own way.

In light of the implicit allegation that Manning transmitted this material to WikiLeaks, it is quite possible that WikiLeaks is the “enemy” referenced by Article 104, i.e., that the U.S. military now openly decrees (as opposed to secretly declaring) that the whistle-blowing group is an “enemy” of the U.S. More likely, the Army will contend that by transmitting classified documents to WikiLeaks for intended publication, Manning “indirectly” furnished those documents to Al Qaeda and the Taliban by enabling those groups to learn their contents. That would mean that it is a capital offense not only to furnish intelligence specifically and intentionally to actual enemies — the way that, say, Aldrich Ames and Robert Hanssen were convicted of passing intelligence to the Soviet Union — but also to act as a whistle-blower by leaking classified information to a newspaper with the intent that it be published to the world. Logically, if one can “aid the enemy” even by leaking to WikiLeaks, then one can also be guilty of this crime by leaking to The New York Times.

The dangers of such a theory are obvious. Indeed, even the military itself recognizes those dangers, as the Military Judges’ Handbook specifically requires that if this theory is used — that one has “aided the enemy” through “indirect” transmission via leaks to a newspaper — then it must be proven that the “communication was intended to reach the enemy.” None of the other ways of violating this provision contain an intent element; recognizing how extreme it is to prosecute someone for “aiding the enemy” who does nothing more than leak to a media outlet, this is the only means of violating Article 104 that imposes an intent requirement.

But does anyone actually believe that Manning’s intent was to ensure receipt of this material by the Taliban, as opposed to exposing for the public what he believed to be serious American wrongdoing and to trigger reforms?

Jazz Shaw:

The “aiding the enemy” charge should come as no surprise to anyone, and in fact we had predicted it would come down to treason last winter. Despite the poo-pooing and endless protestations of some of Manning’s most vocal and frequently comical defenders, there is one object lesson here which can not be repeated often enough: the U.S. Military has zero sense of humor when it comes to things like this.

Assuming for the moment that this winds up in a conviction – and the Army is certainly acting like they’re playing a pretty solid hand at this point – the situation only becomes more explosive and holds the potential to be a huge thorn in the side of the Obama administration for months or years to come. Aiding the enemy during a time of war is generally considered one of the surest paths to a firing squad for obvious reasons, but it will leave the President in a sticky position.

If the military decides to drag Manning out back and shoot him – a distinct possibility – a significant portion of Barack Obama’s base will be in an uproar. They tend to be opposed to the death penalty in general, for starters. But Manning has also become something of a folk hero on the Left, allegedly helping – albeit indirectly – Julian Assange to “stick it to the man” and expose the various perceived evils of the American government. Allowing him to be executed would be a huge black eye for Obama with his base.

But if he steps in and commutes the sentence – assuming there is a legal mechanism for him to do so – then he will be seen as undercutting his own military establishment and substituting his judgment for their established practices and discipline. (Not to mention earning the tag of “going soft on traitors,” always a sure winner in an election year.)

Of course, the Army could let Obama off the hook and simply send Manning to Leavenworth for the rest of his natural life, but that’s not a great option either in terms of the political optics. Manning’s cheerleaders are already complaining about the “horrific” conditions he’s being held under and it’s only going to get worse after his conviction. (He might even lose his cable TV, library and newspaper privileges and private exercise yard.)

If convicted on the Big Count, Manning will never, ever be able to be transferred into the general military prison population and will, in all likelihood, spend the rest of his life in solitary confinement. Of all the scoundrels in legal history, traitors are probably the most unpopular with the enlisted rank and file. Dumped into a large crowd, Manning’s safety would be virtually impossible to assure. And that would leave the President with a “folk hero” of the Left locked up under the same – or worse – conditions than he’s in now for the rest of his time in office. This would be a burr under Obama’s saddle which would never go away.

It’s been a long and winding road, but it looks like we may be coming to the end of it. The Army moves at their own pace, as they should, but if they’ve filed charges now they probably feel like their case is just about ripe for presentation. Look for a court martial date to be announced in the coming weeks or months.

Emptywheel at Firedoglake:

While we can’t be sure, I suspect the reference in Charge II, Specification 3 is to this information about the surveillance of Assange.

If I’m right about that, then it means the government is charging Manning with providing WikiLeaks with information about the surveillance being conducted, in real time, on WikiLeaks. And it would make it easy to prove both that “the enemy” got the information and that Manning intended the “enemy” to get it.

So if the government maintains that, by virtue of being an intelligence target, WikLeaks qualifies as an “enemy,” then they can also argue that Manning intentionally gave WikiLeaks information about how the government was targeting the organization. Which would make their aiding the enemy charge easy to prove.

But I also think that opens up the government to charges that it is criminalizing democracy.

As I noted above, the government’s own report on WikiLeaks describes its purpose to be increasing the accountability of democratic or corrupt governments. The government, by its own acknowledgment, knows that WikiLeaks’ intent is to support democracy. Furthermore, while the intelligence report reviews the debate about whether WikiLeaks constitutes protected free speech or criminal behavior (without taking a side in that debate), in a discussion of WikiLeaks’ efforts to verify an NGIC report on the battle of Fallujah, the report acknowledges that WikiLeaks did the kind of thing journalists do.

Wikileaks.org and some other news organizations did attempt to contact the NGIC personnel by e-mail or telephone to verify the information.

[snip]

Given the high visibility and publicity associated with publishing this classified report by Wikileaks.org, however, attempts to verify the information were prudent and show journalist responsibility to the newsworthiness or fair use of the classified document if they are investigated or challenged in court.

So while the military, according to its own report, describes WikiLeaks as a threat to the armed forces, it also acknowledges that WikiLeaks has behaved, at times, as a journalistic organization.

Mind you, all of this is simply a wildarsed guess about what the government may mean with its invocation of the “enemy.” But if I’m right, it would mean the government was threatening Manning with life in prison because he leaked information about the government’s surveillance of what it admits is an entity that engages in journalistic behavior.

Doug Mataconis:

Personally, though, I don’t think it would be that difficult a position for the President. The number of people complaining about Manning’s treatment can basically be whittled down to the Glenn Greenwald segment of the President’s progressive base, and many of them don’t seem to understand that Manning’s rights as a military prisoner being prosecuted under the Uniform Code Of Military Justice are distinctly different from the rights he would be entitled to as a civilian defendant in a civilian court. Additionally, many of them don’t seem to think that he did anything wrong even if the charges against him are true. I dare to say that they do not represent a majority of the Democratic Party, and certainly not a majority of the country. If Bradley Manning is convicted of aiding the enemy, then I doubt many Americans are going to care what happens to him.

There’s one fact buried in the new charges that I’ve only seen reported in the MSNBC story on them, though:

Pentagon and military officials also report that investigators have made no direct link between Manning and WikiLeaks founder Julian Assange.

This has been the case for months, despite digging by federal investigators in all directions, and it makes the probability that any charges will ever be sustained against Wikileaks, Julian Assange, or any related individuals, seem very remote indeed.

Jane Hamsher at Firedoglake:

Bradley Manning’s attorney, David Coombs, writes about the true reason Bradley Manning is being stripped each night and forced to report naked each morning in the same way prisoners were tortured at Abu Graib:

On Wednesday March 2, 2011, PFC Manning was told that his Article 138 complaint requesting that he be removed from Maximum custody and Prevention of Injury (POI) Watch had been denied by the Quantico commander, Colonel Daniel J. Choike.  Understandably frustrated by this decision after enduring over seven months of unduly harsh confinement conditions, PFC Manning inquired of the Brig operations officer what he needed to do in order to be downgraded from Maximum custody and POI.  As even Pentagon Press Secretary Geoff Morrell has stated, PFC Manning has been nothing short of “exemplary” as a detainee.  Additionally, Brig forensic psychiatrists have consistently maintained that there is no mental health justification for the POI Watch imposed on PFC Manning.  In response to PFC Manning’s question, he was told that there was nothing he could do to downgrade his detainee status and that the Brig simply considered him a risk of self-harm.  PFC Manning then remarked that the POI restrictions were “absurd” and sarcastically stated that if he wanted to harm himself, he could conceivably do so with the elastic waistband of his underwear or with his flip-flops.

Without consulting any Brig mental health provider, Chief Warrant Officer Denise Barnes used PFC’s Manning’s sarcastic quip as justification to increase the restrictions imposed upon him under the guise of being concerned that PFC Manning was a suicide risk.  PFC Manning was not, however, placed under the designation of Suicide Risk Watch.  This is because Suicide Risk Watch would have required a Brig mental health provider’s recommendation, which the Brig commander did not have.  In response to this specific incident, the Brig psychiatrist assessed PFC Manning as “low risk and requiring only routine outpatient followup [with] no need for … closer clinical observation.”  In particular, he indicated that PFC Manning’s statement about the waist band of his underwear was in no way prompted by “a psychiatric condition.”

While the commander needed the Brig psychiatrist’s recommendation to place PFC Manning on Suicide Risk Watch, no such recommendation was needed in order to increase his restrictions under POI Watch.  The conditions of POI Watch require only psychiatric input, but ultimately remain the decision of the commander.

Given these circumstances, the decision to strip PFC Manning of his clothing every night for an indefinite period of time is clearly punitive in nature.  There is no mental health justification for the decision. There is no basis in logic for this decision.  PFC Manning is under 24 hour surveillance, with guards never being more than a few feet away from his cell.  PFC Manning is permitted to have his underwear and clothing during the day, with no apparent concern that he will harm himself during this time period.  Moreover, if Brig officials were genuinely concerned about PFC Manning using either his underwear or flip-flops to harm himself (despite the recommendation of the Brig’s psychiatrist) they could undoubtedly provide him with clothing that would not, in their view, present a risk of self-harm.  Indeed, Brig officials have provided him other items such as tear-resistant blankets and a mattress with a built-in pillow due to their purported concerns.

This is just vile.  The former brig commander, James Averhart, violated military rules by putting Manning on suicide watch as punishment, and was subsequently replaced by Denise Barnes.  Now she’s stripping him naked to punish him for a sarcastic quip. Who is she, Nurse Ratched? Abusing someone’s mental health classification in order to subject them to torture “for their own good” is sick and sadistic, reminiscent of Soviet gulags.

Maybe she wants to become his “god.”

Alana Goodman at Commentary:

First, Lt. Brian Villiard, a Marine spokesman, confirmed that Manning’s clothes were taken from him, though he didn’t give many details of the incident, except to say that it wasn’t done for punitive reasons.

“It would be inappropriate for me to explain it,” Villiard told the New York Times. “I can confirm that it did happen, but I can’t explain it to you without violating the detainee’s privacy.”

This isn’t the first time that Manning’s lawyer has asserted that the private suffered abuse in prison, and it likely won’t be the last. It’s typical of attorneys to claim that their clients are mistreated in prison, and in a case like Manning’s, these types of allegations will be eaten up by his supporters.

But based on Villiard’s statement, and the timeline of the incident, it sounds like Manning’s clothes may have been taken from him owing to suicide concerns. The Army private was previously put on suicide watch in prison. His reaction to the new charges against him could have military officials apprehensive about his mental state.

Doug Mataconis:

As Glenn Greenwald notes, there really only seems to be one purpose behind what Manning is being subjected to:

Let’s review Manning’s detention over the last nine straight months: 23-hour/day solitary confinement; barred even from exercising in his cell; one hour total outside his cell per day where he’s allowed to walk around in circles in a room alone while shackled, and is returned to his cell the minute he stops walking; forced to respond to guards’ inquiries literally every 5 minutes, all day, everyday; and awakened at night each time he is curled up in the corner of his bed or otherwise outside the guards’ full view.  Is there anyone who doubts that these measures — and especially this prolonged forced nudity — are punitive and designed to further erode his mental health, physical health and will?  As The Guardian reported last year, forced nudity is almost certainly a breach of the Geneva Conventions; the Conventions do not technically apply to Manning, as he is not a prisoner of war, but they certainly establish the minimal protections to which all detainees — let alone citizens convicted of nothing — are entitled.

Moreover, Greenwald points out, correctly I think, the media seems to be giving the Obama Administration a pass here:

I’ll say this again:  just fathom the contrived, shrieking uproar from opportunistic Democratic politicians and their loyalists if it had been George Bush and Dick Cheney — on U.S. soil — subjecting a whistle-blowing member of the U.S. military to these repressive conditions without being convicted of anything, charging him with a capital offense that statutorily carries the death penalty, and then forcing him to remain nude every night and stand naked for inspection outside his cell.  Feigning concern over detainee abuse for partisan gain is only slightly less repellent than the treatment to which Manning is being subjected.

Indeed. It’s understandable, to be honest, why the right wouldn’t care all that much about how Private Manning is being treated. If this were happening under a Republican, though, the left would be united in outrage. Now, their silence is telling

Make no mistake about it. I do not consider Bradley Manning a hero in any sense of the word. Even if it were the case that much of the material that Manning stole from military computers should not have been classified, or really wasn’t all that important (and much of it wasn’t in the end), that isn’t a decision that a Private in the Army has a right to make. If the charges against him are true, he violated orders, accessed systems he had no right to access, and stole information that he had no right to take off base. If he’s convicted of these charges, he deserves to be punished to the fullest extent of the law. While he’s awaiting trial, though, and even after he’s convicted, he still must be treated humanely and, at present, Manning is receiving worse treatment than a Prisoner Of War would, and the only purpose behind it seems to be to break him psychologically. That’s simply unacceptable.

Jazz Shaw:

But can this treatment really be justified? There are two points to address on this front.

First and most simply put, Manning made the comment about being able to kill himself with his underwear, sarcastic or not. Can you imagine what would be said if the brig commander did nothing and then he actually did turn up dead in his cell by his own waistband? It would be a movable feast for the media and several careers would come to an abrupt end. How does the commander ignore something like that?

The second point is a bit more complicated and far less clear, and one that we’ve touched on here in the past. It boils down to some of the fundamental differences between civilian society and the military community. Just as civilians, used to all their freedoms of free speech, etc. don’t understand the restrictions on military personnel, those familiar with the civilian justice system are frequently shocked by many of the “unofficial” aspects of the U.C.M.J. Lots of things like this go on all the time in the military, or at least they used to back in the day. But normally you don’t have the civilian press watching and reporting on it.

Does that make it right? I leave that to the judgment of the reader.

Also, life in the military in general is just a bit more physical and harsh than in the civilian world. A lot of things happen which would probably shock many of you who have never served. In the Navy, for example, there is an old tradition of an initiation rite of passage the first time a sailor crosses the equator on a war ship. It is the time when you graduate from being a “pollywog” (or just “wog” for short) to being a “shellback.” Trust me, it’s an ordeal, usually lasting 24 hours or more.

The third time I made the passage, two enlisted men wound up in sick bay with broken arms. Everyone got to experience the joys of crawling through plastic chutes filled with garbage, rotting food and bilge water, all the while being “herded” by shellbacks wielding foot long lengths of fire hose, loving called, “shillelaghs.” (During my own initiation it took more than a week before the bruises finally faded.) And this is all for your friends who have done nothing wrong.

I’ll leave it for one of the veteran submarine sailors to tell you about the grand old tradition of having your dolphins “tacked on” if they wish to do so in comments.

So I suppose our final question is, does any of this make it acceptable for Manning to be treated in this fashion, either to cover the brig commander’s butt or for the sake of teaching a lesson to somebody mouthing off to their superiors? I really don’t know. Maybe we do need to shine a light on this and review military procedures, both official and “under the covers.” But I do know that life in the military community is a lot different than in the civilian world, and having lived it for a number of years myself, this story honestly didn’t shock me at all.

Andrew Sullivan:

There is only one word to describe the treatment of this model prisoner: sadism. Glenn Greenwald has been following the case closely and has two disturbing must-reads here and here. We all hoped that under Obama, brutal treatment of military prisoners and lies about it would end. In this case, they haven’t.

Megan McArdle:

I understand that Bradley Manning has probably done something very wrong, for which, if guilty, he deserves a hefty jail sentence and the contempt of his fellow citizens.  But this is not what a decent country does to its citizens.

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Filed under Crime, Military Issues, Technology, Torture

The Keystone Kops Are After Greenwald!

Steve Ragan in Tech Herald:

After a tip from Crowdleaks.org, The Tech Herald has learned that HBGary Federal, as well as two other data intelligence firms, worked to develop a strategic plan of attack against WikiLeaks. The plan included pressing a journalist in order to disrupt his support of the organization, cyber attacks, disinformation, and other potential proactive tactics.

Update:

The Tech Herald was able to get in touch with Glenn Greenwald for his reaction to being singled out in the WikiLeaks proposal. He called the report creepy and disturbing. Moreover, he commented that the suggestions for dealing with WikiLeaks, along with the assumption that the organization could be undermined, were “hard to take seriously.”

The listed mitigations, such as disinformation or submitting false documents, have been discussed before. In 2008, the Pentagon had similar ideas, so that aspect of the document was nothing new.

Greenwald, as a journalist, is a prolific writer on media topics. He is a harsh critic of political figures and the mainstream media. The suggestion made by the proposal that he would pick career over cause is “completely against” what he is about, he told us.

“The only reason I do what I do is because im free to put cause before career,” he said.

Pointedly, he reminded us that his work includes taking aim at political figures, which could be a source of professional leverage with scoops or favors, as well as news organizations who could offer him gainful employment. None of these actions paints a picture of a man who would pick career over his passion.

Update 2:

WikiLeaks is hosting an official mirror of the sixth and final draft of the report. You can see a copy here.

Update 3:

Palantir Technologies has severed all ties with HBGary Federal and issued an apology to reporter Glenn Greenwald. More details here.

Update 4:

Berico Technologies has cut ties as well. More information is here.

Jesse Walker at Reason:

According to a report in the Tech Herald, three security firms recently pitched the Bank of America with a plan to take down WikiLeaks. If the documents at the core of the story are legit — and as Andy Greenberg of Forbes notes, “their level of detail would require immense effort on the part of counterfeiters” — the companies come off as Keystone Kops.

The most interesting detail is that the firms involved — HBGary Federal, Palantir Technologies, and Berico Technologies — placed a lot of emphasis on the pro-WikiLeaks blogger Glenn Greenwald, arguing that “Without the support of people like Glenn wikileaks would fold,” so “It is this level of support that needs to be disrupted.” The firms are confident that this can be done, since “most of them if pushed will choose professional preservation over cause, such is the mentality of most business professionals.”

The source of the documents is a massive trove of HBGary emails that was seized and released by Anonymous. The backstory behind that is pretty fascinating in itself.

Matthew Yglesias:

A consortium of national security contractors, led by Palantir Technology, seems to have been shopping a counter-WikiLeaks strategy. This slide is about neutralizing Glenn Greenwald:

— Glenn was critical in the Amazon to OVH transition
— It is this level of support that needs to be disrupted
— These are established professionals that have a liberal bent, but ultimately most of them if pushed will choose professional preservation over cause, such is the mentality of most business professionals.
— Without the support of people like Glenn, Wikileaks would fold

I like that they’re on a first-name basis with Greenwald. Lee’s 2008 book, The Fortune Cookie Chronicles: Adventures in the World of Chinese Food, is highly recommended. And remember, without the support of people like you, the Yglesias Blog would fold!

Kerry Lauerman at Salon:

We take threats against our own very seriously.

A bizarre plan for an attack on the whistle-blowing site WikiLeaks and journalists construed as sympathetic to it — first reported by the Tech Herald — clearly targets Salon’s Glenn Greenwald, saying that his “level of support” for WikiLeaks “needs to be disrupted.” The report (you can download the purported final draft here) is listed as an “overview by Palantir Technologies, HBGary Federal and Berico Technologies,” and according to a string of e-mails also leaked, was developed following a request from Hunton and Williams, a law firm that represents, among others, Bank of America.

Bank of America is the presumed next target of WikiLeaks, and has reportedly been bracing for what’s to come.

The leaked report singles out other journalists, as well, and suggests that “these are established professionals that have a liberal bent, but ultimately most of them if pushed will choose professional preservation over cause …” And goes on: “Without the support of people like Glenn wikileaks would fold.”

Emptywheel at Firedoglake:

Now aside from the predictable, but nevertheless rather shocking detail, that these security firms believed the best way to take WikiLeaks out was to push Glenn to stop supporting them, what the fuck are they thinking by claiming that Glenn weighs “professional preservation” against “cause”? Could they be more wrong, painting Glenn as a squeamish careerist whose loud support for WikiLeaks (which dates back far longer than these security firms seem to understand) is secondary to “professional preservation”? Do they know Glenn is a journalist? Do they know he left the stuffy world of law? Have they thought about why he might have done that? Are they familiar at all with who Glenn is? Do they really believe Glenn became a household name–to the extent that he did–just in December?

I hope Bank of America did buy the work of these firms. Aside from the knowledge that the money would be–to the extent that we keep bailing out Bank of America–taxpayer money, I’d be thrilled to think of BoA pissing away its money like that. The plan these firms are pushing is absolutely ignorant rubbish. They apparently know almost nothing about what they’re pitching, and have no ability to do very basic research.

Which is precisely the approach I’d love to see BoA use to combat whatever WikiLeaks has coming its way.

Glenn Greenwald:

My initial reaction to all of this was to scoff at its absurdity.  Not being familiar with the private-sector world of internet security, I hadn’t heard of these firms before and, based on the quality of the proposal, assumed they were just some self-promoting, fly-by-night entities of little significance.  Moreover, for the reasons I detailed in my interview with The Tech Herald — and for reasons Digby elaborated on here — the very notion that I could be forced to choose “professional preservation over cause” is ludicrous on multiple levels.  Obviously, I wouldn’t have spent the last year vehemently supporting WikiLeaks — to say nothing of aggressively criticizing virtually every large media outlet and many of their leading stars, as well as the most beloved political leaders of both parties — if I were willing to choose “career preservation over cause.”

But after learning a lot more over the last couple of days, I now take this more seriously — not in terms of my involvement but the broader implications this story highlights.  For one thing, it turns out that the firms involved here are large, legitimate and serious, and do substantial amounts of work for both the U.S. Government and the nation’s largest private corporations (as but one example, see this email from a Stanford computer science student about Palantir).  Moreover, these kinds of smear campaigns are far from unusual; in other leaked HB Gary emails, ThinkProgress discovered that similar proposals were prepared for the Chamber of Commerce to attack progressive groups and other activists (including ThinkProgress).  And perhaps most disturbing of all, Hunton & Williams was recommended to Bank of America’s General Counsel by the Justice Department — meaning the U.S. Government is aiding Bank of America in its defense against/attacks on WikiLeaks.

That’s why this should be taken seriously, despite how ignorant, trite and laughably shallow is the specific leaked anti-WikiLeaks proposal.  As creepy and odious as this is, there’s nothing unusual about these kinds of smear campaigns.   The only unusual aspect here is that we happened to learn about it this time because of Anonymous’ hacking.  That a similar scheme was quickly discovered by ThinkProgress demonstrates how common this behavior is.  The very idea of trying to threaten the careers of journalists and activists to punish and deter their advocacy is self-evidently pernicious; that it’s being so freely and casually proposed to groups as powerful as the Bank of America, the Chamber of Commerce, and the DOJ-recommended Hunton & Williams demonstrates how common this is.  These highly experienced firms included such proposals because they assumed those deep-pocket organizations would approve and it would make their hiring more likely.

But the real issue highlighted by this episode is just how lawless and unrestrained is the unified axis of government and corporate power.  I’ve written many times about this issue — the full-scale merger between public and private spheres —  because it’s easily one of the most critical yet under-discussed political topics.  Especially (though by no means only) in the worlds of the Surveillance and National Security State, the powers of the state have become largely privatized.  There is very little separation between government power and corporate power.   Those who wield the latter intrinsically wield the former.  The revolving door between the highest levels of government and corporate offices rotates so fast and continuously that it has basically flown off its track and no longer provides even the minimal barrier it once did.  It’s not merely that corporate power is unrestrained; it’s worse than that:  corporations actively exploit the power of the state to further entrench and enhance their power.

That’s what this anti-WikiLeaks campaign is generally:  it’s a concerted, unified effort between government and the most powerful entities in the private sector (Bank of America is the largest bank in the nation).  The firms the Bank has hired (such as Booz Allen) are suffused with the highest level former defense and intelligence officials, while these other outside firms (including Hunton & Williams and Palantir) are extremely well-connected to the U.S. Government.  The U.S. Government’s obsession with destroying WikiLeaks has been well-documented.  And because the U.S. Government is free to break the law without any constraints, oversight or accountability, so, too, are its “private partners” able to act lawlessly.  That was the lesson of the Congressional vesting of full retroactive immunity in lawbreaking telecoms, of the refusal to prosecute any of the important Wall Street criminals who caused the 2008 financial crisis, and of the instinctive efforts of the political class to protect defrauding mortgage banks.

Nate Anderson at Wired

More Greenwald

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Surprise, Surprise, Surprise…

Poster from the ACLU

Chris Strohm at The Atlantic:

Deserting and embarrassing their GOP House leadership, 26 Republicans–including several members of the Tea Party Caucus–bolted Tuesday night to join Democrats in a surprise rejection of a centerpiece of Bush-era powers to fight terrorism that curbed American civil liberties.

The House Republican leaders had expected an easy victory in their efforts to reauthorize three expiring powers under the PATRIOT Act–among them, allowing ”roving wiretaps” and searches of people’s medical, banking, and library records. It is likely the GOP will succeed in a later vote, but Tuesday night’s rebuff sent a strong message.

By a 277-148 margin, the bill fell just shy of the two-thirds majority needed to pass the House under suspension of the rules, representing somewhat of an embarrassment for House Republicans on a matter of national security. Republicans were accusing Democrats, many of whom had supported the extension of the provisions in the 111th Congress, of hypocrisy.

Robert Costa at The Corner:

“Believe me, House leadership was caught off guard,” says one Republican committee aide. “They really thought that they had everybody contained. They knew there would be a few defections, but they did not expect this group to try and out–Tea Party one another. The Ron Paul influence, especially on civil liberties, is stronger than you think.”

Monday’s vote was proffered under a suspension of the rules, which requires a two-thirds majority. Other House GOP aides tell NRO that the extension will likely brought up again via “regular orders” in the coming weeks; this requires a simple majority, and they expect it to pass.

The White House, one aide points out, will now be forced to work with Congress, especially with three provisions set to expire on February 28. The House GOP would like to extend the provisions until December 8; Senate Democrats and the White House would prefer extending the provisions through 2013, in order to take it off of the table for the election.

With the clock ticking, Republicans believe they can set the stakes, regardless of how they stumbled on the initial vote. On Monday, an aide close to the process notes, many Democrats who are supportive of a one-year extension voted against it, in order to stand with those who would like to see the provisions extended through 2013. So while Republicans will be whipping hard, to be sure, Democrats, too, he predicts, will be having their own internal debate about a short-term extension.

Conn Carroll at Heritage:

The three amendments voted on last night have been extensively modified over the years and now include significant new safeguards, including substantial court oversight. They include:

Roving Surveillance Authority: Roving wiretaps have been used routinely by domestic law enforcement in standard criminal cases since the mid-1980s. However, national security agents did not have this garden-variety investigative tool until the passage of the PATRIOT Act in 2001. Section 206 of the PATRIOT Act allows law enforcement, after approval from the FISA court, to track a suspect as he moves from cell phone to cell phone. The government must first prove that there is “probable cause” to believe that the target is a foreign power or an agent of a foreign power. It further requires continuous monitoring by the FISA court and substantial reporting requirements to that Court by the government.

Business Record Orders: Domestic law enforcement, working with local prosecutors, routinely rely on business records through the course of their investigations, oftentimes through the use of a subpoena. However, national security agents did not have the same authority to acquire similar evidence prior to the passage of Section 215 of the PATRIOT Act. This provision allows law enforcement, with approval from the FISA court, to require disclosure of documents and other records from businesses and other institutions (third parties) without a suspect’s knowledge. The third-party recipients of 215 orders can even appeal any order to the FISA court.

The Lone Wolf Provision: Section 6001 of the Intelligence Reform and Terrorism Prevention Act allows law enforcement to track non-U.S. citizens acting alone to commit acts of terrorism that are not connected to an organized terrorist group or other foreign power. While the FBI has confirmed that this section has never actually been used, it needs to be available if the situation arises where a lone individual may seek to do harm to the United States.

At least 36 known terrorist plots have been foiled since 9/11. The United States continues to face a serious threat of terrorism. National security investigators continue to need the above authorities to track down terror leads and dismantle plots before the public is any danger. Opponents of these provisions have produced little evidence of any PATRIOT Act misuse. All of the provisions above are subject to routine oversight by both the FISA court and Congress, and no single provision of the PATRIOT Act has ever been found unconstitutional. Congress should not let the sunset provisions expire and should instead seek permanent authorization.

David Weigel:

So did the Tea Party movement beat reauthorization? Here’s a list of the 26 Republicans who voted no. In italics — the eight members who were elected in 2010 in the Tea Party wave.

Justin Amash
Roscoe Bartlett
Rob Bishop
Paul Broun
John Campbell
John Duncan
Mike Fitzpatrick*
Chris Gibson
Tom Graves
Dean Heller
Randy Hultgren
Tim Johnson
Walter Jones
Jack Kingston
Raul Labrador
Connie Mack
Kenny Marchant
Tom McClintock
Ron Paul
Denny Rehberg
Phil Roe
Dana Rohrabacher
Bobby Schilling
David Schweikert
Rob Woodall

Don Young

Many of the big Tea Party names, like Michele Bachmann, Kristi Noem, and Allen West, voted to pass the authorization. I break this out because there’ll be a temptation to say “the Tea Party and its isolationist elements beat the reauthorization,” and that’s not quite it.

Glenn Greenwald:

But what happened last night highlights the potential to subvert the two-party stranglehold on these issues — through a left-right alliance that opposes the Washington insiders who rule both parties.  So confident was the House GOP leadership in commanding bipartisan support that they put the Patriot Act extension up for a vote using a fast-track procedure that prohibits debate and amendments and, in return, requires 2/3 approval.  But 26 of the most conservative Republicans — including several of the newly elected “Tea Party” members — joined the majority of Democratic House members in voting against the extension, and it thus fell 7 votes short.  These conservative members opposed extension on the ground that more time was needed to understand whether added safeguards and oversight are needed.

The significance of this event shouldn’t be overstated.  The proposed Patriot Act extension still commanded support from a significant majority of the House (277-148), and will easily pass once the GOP leadership brings up the bill for a vote again in a few weeks using the standard procedure that requires only majority approval.  The vast majority of GOP members, including the leading Tea Party representatives, voted for it.  The Senate will easily pass it.  And the scope of the disagreement even among the Democrats opposing it is very narrow; even most of the “no” votes favor extending these provisions, albeit with the types of tepid safeguards proposed by Leahy.  So in one sense, what happened last night — as is true for most political “victories” — was purely symbolic.  The White House will get what it wants.

But while it shouldn’t be overstated, there is a real significance here that also shouldn’t be overlooked.  Rachel Maddow last night pointed out that there is a split on the Right — at least a rhetorical one — between what she called “authoritarian conservatives” and “libertarian conservatives.”  At some point, the dogmatic emphasis on limited state power, not trusting the Federal Government, and individual liberties — all staples of right-wing political propaganda, especially Tea Party sloganeering — has to conflict with things like oversight-free federal domestic surveillance, limitless government detention powers, and impenetrable secrecy (to say nothing of exploiting state power to advance culture war aims).   Not even our political culture can sustain contradictions as egregious as (a) reading reverently from the Constitution and venerating limits on federal power, and then (b) voting to vest the Federal Government with extraordinary powers of oversight-free surveillance aimed at the American people.

Adam Serwer at Greg Sargent’s place:

Sadly, the revolt probably won’t last, as there are more than the 218 votes needed to pass reauthorization under normal procedures. What’s uncertain is whether the reauthorization will contain mild oversight provisions, and when the provisions will actually sunset. As Cato’s Julian Sanchez notes, there are two Democratic Senate versions that reauthorize these provisions for three years, but the Republican House version sunsets them until December 2011, while the Republican Senate proposal makes them permanent. Democratic Vermont Sen. Patrick Leahy’s  version of the bill would reign in Section 215 orders and provide some key oversight over the use of the widely abused National Security Letters, but those modest reforms were too much for Sen. Dianne Feinstein (D-Calif.), so she introduced an alternate bill without them.

The Republican House version places reauthorization right in the middle of presidential primary season, while the Democratic versions kick the can down the road three years. That means that we might be looking forward to the Republican candidates’ positions on the Patriot Act becoming an issue, which may lead to some irresponsible grandstanding about the necessity of passing the Patriot Act without any meaningful oversight. Remember “double Guantanamo?”

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Fun With Jane And David

Michael Whitney at Firedoglake:

Jane Hamsher is with David House who is trying to visit Pvt. Bradley Manning at Quantico today while carrying a petition with 42,000 signatures requesting humane treatment for Manning. The military isn’t making it easy at all and detained Jane and David for two hours. We’re publishing her tweets as well as David House’s tweets here as a post in case you haven’t been able to follow them on Twitter (@JaneHamsher and @DavidMHouse

UPDATE: At 2:50pm the military released Jane and David, and told David he could go off base and come back on to visit Bradley. But visiting hours end at 3pm, so Bradley won’t get a visit. We’ll have more soon.

Jane Hamsher at Firedoglake:

I just wanted to say a quick thank-you to everyone today for your support when David House and I were being detained at Quantico.

I don’t think any of this had anything to do with me, or frankly the 42,000 petition signatures. The only thing I did was provide housing and transportation to David House, because he’s just out of college and Glenn Greenwald told him he could stay with me when he comes to visit Manning.

Everyone but David has stopped coming to see Bradley, and it takes a lot of courage to do what David is doing. It’s a very intimidating situation. So I try to support him by giving him a place to stay and driving him to the base when he comes to town. That’s really my only involvement.

There is no doubt in my mind that the primary objective of everything that happened today was to keep Bradley Manning from having the company of his only remaining visitor. The MPs told us they were ordered to do this, the brass showed up to make sure that they did, and they held us until 2:50 by repeatedly asking for information they already had whenever we asked to leave.

Visiting hours at the brig end at 3pm, and don’t begin again until the next weekend. It’s a half hour walk from the front gate to the brig, and although they have allowed David to walk before, they wouldn’t let him do it this time. They said he’d have to catch a cab and come back on the base, but they wouldn’t release him to do that until 2:50.

This was all about detaining David, not me. I would not be surprised to learn they were also punishing him for speaking out about Manning’s conditions. The State Department, the FBI and just about every three-letter government agency has been investigating David and the other Boston hackers since they began organizing support for Bradley Manning last summer, with one witch hunt after another attempting to implicate them in one of Adrian Lamo’s fabulist tales of a physical disk hand-off from Manning to Wikileaks.  The New York Times keeps printing that one, over and over again, with the Justice Department whispering in their ear and nothing but the word of the inconsistent Lamo for evidence.

David has been detained at the airport, his computer seized and held for months with no explanation. The McCarthy-esque actions of the security agencies has terrified all of these idealistic young people.  It is exceptionally admirable that David and others persist in supporting Bradley Manning despite it all.

The net effect of the MP’s actions today was to escalate the climate of threats and intimidation around David, a 23 year-old who just graduated from college, and cut Manning off from any personal contact with the one person who is still showing up to visit him after the government consciously scared everyone else off.

I am very happy that I went, and could be there to support David, because one of the first things the MPs said to us when we arrived — long before they asked for driver’s license, social security numbers,  registration, phone numbers, quizzed us about the addresses on our licenses, etc, etc, was that they had orders to do all of this. Which means they were planning to detain us long before we got there. They were going to use any excuse to keep David from visiting Manning, and try to intimidate him from coming back.

Rachel Slajda at Talking Points Memo:

A spokesman for the base told the AP that the two were never detained. He said Hamsher’s car was towed after she failed to show proof of insurance, and after MPs determined her car’s license plates were expired.

Manning, who is 23, has been charged with eight crimes related to illegally leaking classified information. Manning is accused of leaking 250,000 diplomatic cables, tens of thousands of military dispatches from the war in Afghanistan and a video that shows U.S. forces opening fire on civilians in Iraq, including two Reuters journalists.

Kevin Drum:

This doesn’t appear to be a shining moment for either our government or our military forces.

Jazz Shaw:

Here’s a free tip for those who are obviously not terribly familiar with the military. You don’t give the military a courtesy call to tell them you are coming. You ask their permission. It’s a military base, not a theme park. And when you tell them in advance that you’re coming to their turf to pull off a media stunt intended to make them look bad and challenge their authority, they’re going to mess with you. Further, even if one of you is on the approved visitor list, (Hamsher is not) when you arrive at a United States Military facility, you are there as their guest. They may choose to suffer your presence, but from the moment you pass through those gates you’re playing by their rules.

Perhaps even more amazing than the other complaints and accusations was this puzzling, cryptic statement.

Nobody knows why Marines are holding Bradley Manning who is in the Army anyway. Manning attorney unable to get an answer.

If there’s any truth to that, Manning needs to fire his attorney. The Marines handle security duty at numerous military facilities around the world, including the brigs on larger Navy ships. Quantico’s brig, which is staffed by both Marine and Navy personnel, is famous as a secure destination for suspects and convicts in transition, particularly in high profile cases. It has housed a variety of notorious figures ranging from wannabe presidential assassin John Hinkley to convicted traitor and spy Clayton J. Lonetree. There is absolutely nothing unusual about a suspect like Manning winding up there.

In the end, this stunt was just the next phase in Hamsher’s relentless campaign to lionize both Bradley Manning and Julian Assange as some sort of heroes. It’s an effort which has been regularly abetted by Glenn Greenwald, who jumped into the brewing Twitter storm almost immediately. At one point I asked him if he thought Manning might actually be guilty of releasing all those documents and if that made him some sort of hero in Glenn’s eyes. His response was refreshingly honest.

I have no idea – we wait until what’s called a “verdict” before imposing punishment on people. And yeah, I think it’s heroic.

I’m sure we’re all anxious to find out where this story goes next. Will more visitors take on the U.S. Marines? Will Private Manning have his cable TV access reduced to even more barbaric levels less than six hours per day? Will Jane get her car back and find her insurance card? Tune in next time on, As the World of Manning Turns.

Glenn Greenwald:

The claim is that Hamsher has only electronic rather than printed proof of car insurance — the same proof she’s had every other time she brought House there, though without a petition — and they have thus impounded her car.  They also, though, are refusing — without any explanation — to let House visit Manning despite his being on the approved visitor list.  So much for Manning’s once-a-week reprieve from solitary confinement.

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Filed under Crime, New Media, Torture

RT: Subpoena #wikileaks

Kim Zetter at Wired:

The U.S. Justice Department has served Twitter with a subpoena seeking information on an Icelandic lawmaker who has worked with WikiLeaks and its founder Julian Assange, the lawmaker told Threat Level on Friday.

“I got the letter from Twitter a couple of hours ago, saying I got 10 days to stop it,” wrote Birgitta Jonsdottir, a member of Iceland’s parliament, in an e-mail. “Looking for legal ways to do it. Will be talking to lawyers from EFF tonight.”

EFF refers to the Electronic Frontier Foundation, a non-profit civil liberties group in the United States.

On her Twitter feed, Jonsdottir said the government is seeking an archive of tweets she sent out since Nov. 1, 2009 as well as “personal information” for her account. (See update below)

Josdottir told Threat Level that the request was filed under seal by the Justice Department on December 14 in U.S. District Court in Alexandria, Virginia. This is the same jurisdiction where, according to previous press reports, a federal grand jury is investigating possible charges against Assange, with whom Jonsdottir has worked closely.

Glenn Greenwald:

It’s worth recalling — and I hope journalists writing about this story remind themselves — that all of this extraordinary probing and “criminal” investigating is stemming from WikiLeaks’ doing nothing more than publishing classified information showing what the U.S. Government is doing:  something investigative journalists, by definition, do all the time.

And the key question now is this:  did other Internet and social network companies (Google, Facebook, etc.) receive similar Orders and then quietly comply?  It’s difficult to imagine why the DOJ would want information only from Twitter; if anything, given the limited information it has about users, Twitter would seem one of the least fruitful avenues to pursue.  But if other companies did receive and quietly comply with these orders, it will be a long time before we know, if we ever do, given the prohibition in these orders on disclosing even its existence to anyone.

Jacob Palmer at GizmoCrunch:

If you’re wondering whether Twitter will fold or fight (with lawyers to back them up) after receiving the subpoena, the following clause from Twitter’s “spy guide” policy will tell you:

“In accordance with our Privacy Policy and Terms of Service, non-public information about Twitter users is not released unless we have received a subpoena, court order or other legal process document.” Such requests would only be valid if sent by law enforcement.”

So yes, they would most likely fold faster than Superman on laundry day. More on this as it develops.

Ryan Singel at Wired:

To Twitter’s credit, the company didn’t just open up its database, find the information the feds were seeking (such as the IP and e-mail addresses used by the targets) and quietly continue on with building new features. Instead the company successfully challenged the gag order in court, and then told the targets their data was being requested, giving them time to try and quash the order themselves.

Twitter and other companies, notably Google, have a policy of notifying a user before responding to a subpoena, or a similar request for records. That gives the user a fair chance to go to court and try and quash the subpoena. That’s a great policy. But it has one fatal flaw. If the records request comes with a gag order, the company can’t notify anyone. And it’s quite routine for law enforcement to staple a gag order to a records request.

That’s what makes Twitter’s move so important. It briefly carried the torch for its users during that crucial period when, because of the gag order, its users couldn’t carry it themselves. The company’s action in asking for the gag order to be overturned sets a new precedent that we can only hope that other companies begin to follow.

The decision would be laudable in almost any situation, and may even be unprecendented by a massive tech firm. The only other gag orders I can think of that were challenged in court were those served on the Internet Archive, on a small library and on Nicholas Merrill, the president of the small New York City ISP Calyx Internet Access, who spent years resisting a National Security Letter order seeking information about one of his clients.

Even more remarkable, Twitter’s move comes as a litany of companies, including PayPal, Mastercard, VISA and Bank of America, follow the political winds away from the First Amendment, banning donations to WikiLeaks. And Amazon.com voluntarily threw the site off its hosting platform, even though there’s nothing illegal in publishing classified documents.

By standing up for its users, Twitter showed guts and principles. Much of it is likely attributable to Twitter’s general counsel Alexander Macgillivray. As security and privacy blogger Christopher Soghoian notes, Macgillivray was one of the first law students at Harvards’ Berkman internet law center and at in his previous job at Google “played a major role in getting the company to contribute takedown requests to chillingeffects.org.”

Alexis Madrigal at The Atlantic

E.B. Boyd at Fast Company:

Twitter’s general counsel comes out of Harvard’s prestigious Berkman Center for Internet and Society, the cyber law powerhouse that has churned out some of the leading Internet legal thinkers. The center was founded a little over a decade ago by none other than Charles Nesson, the famous defender of Pentagon Papers leaker Daniel Ellsberg. While at Harvard, Macgillivray helped teach a course on the law of cyberspace, along with Wendy Seltzer, a fellow at Princeton’s Center for Information Technology Policy. Today Seltzer leads the Chilling Effects clearinghouse, a collaboration between several law schools and the Electronic Frontier Foundation, which tracks legal challenges to lawful online activity.

After Harvard, Macgillivray worked as a litigator for Silicon Valley super-firm Wilson Sonsini Goodrich & Rosati before moving to Google, where he first spearheaded legal issues for products like Search and Gmail. He soon found himself enmeshed in the fractious Google Books lawsuit. Observers credit Macgillivray’s agile mind and creative thinking with architecting with the Google Books Settlement–a solution that both enabled Google to lawfully scan the contents of university libraries and to create a mechanism for authors and publishers to get their out-of-print books back into circulation.

Twitter wooed Macgillivray away from Google in the summer of 2009, and he now heads a 25-person legal team. Throughout his career, he has remained an avid student of Internet and intellectual property law, and calls himself a tinkerer of sorts–his personal website is called “bricoleur,” a French term he says refers to one who “[tries] things out until they figure out how to do something.”

Macgillivray also curates a Twitter list of the primary thinkers tangling with cyber issues, and he has occasionally returned to Berkman to guest lecture or speak on topics of the day. Coincidentally, a week before the DOJ subpoena, Macgillivray was tweeting about a government analysis looking at which criminal statutes might apply to the WikiLeaks-style publication of leaked classified documents.

Twitter has declined to comment on the original subpoena and the company’s fight to get it unsealed. What we do know is that the original order was faxed to Twitter on December 14. On January 5, the same magistrate who signed the first order, signed a new one, ordering the first to be unsealed. And on January 7, Twitter sent notifications to at least several of the holders of the accounts listed on the subpoena, telling them the company would respond to the order in 10 days, unless “we receive notice from you that a motion to quash the legal process has been filed or that this matter has been otherwise resolved.”

It’s reasonable to assume that Macgillivray is the person who either led or played a significant role in the thinking that resulted in the decision to challenge the secrecy aspect of the order. If so, it’s a smart move.

Vadim Lavrusik at Mashable:

The journalist cannot adequately promise anonymity on social sites like Twitter or others, but that won’t stop whistle-blowers from contacting journalists on those sites. Whistle-blowers will still reach out to journalists on those platforms because that’s where they are often most accessible. Therefore, it ultimately starts with protection from the platform.

Journalists may be able to offer some protection in knowing that the platform will not disclose source information. But this would take a serious restructuring of the current culture of companies that do not stand up for their users. Twitter’s move to notify its users is a step in the right direction.

But notification is not enough to provide protection to journalists whose information is being subpoenaed by a federal court. In the U.S., 36 states and Washington, D.C. have journalist shield laws — legislation that provides reporters a privilege to refuse to disclose any information or sources obtained during their reporting. The rest of the states either provide some protection or none at all. But because there is no federal statutory reporter’s shield law, Jane Kirtley, who teaches media ethics and law at the University of Minnesota, says that in all likelihood, there would be no protection for a journalist being subpoenaed on a federal level.

Kirtley notes there are federal attorney general guidelines, which discourage the use of subpoenas against the press, but nothing to outright prohibit them as long as the attorney general approves it.

The case with Twitter and other tech companies is that these are not considered to be subpoenas for journalists’ records, so even if there is a privilege, it is unlikely to apply to these records, Kirtley said. This is a loophole that gives journalists little protection or right to protect themselves in their reporting while using such sites.

If a journalist refuses to disclose information to a government entity requesting it in an investigation, the court can simply go to the platform of communication to get the records. With many social media sites playing a vital role in news distribution and watchdog journalism, this requires a stand from those sites against disclosing such information in a broken system that once recognized the value of protecting journalistic integrity.

But ultimately, the privilege of shield laws should also extend to the social platforms hosting the information that is shared between whistle-blowers and journalists. And until there is a federal shield law for reporters, protection for such newsgathering will be nonexistent. This is the only way to fix the broken system. Platforms can only protect their users to a certain extent. It then becomes a legislative issue around the protection of journalists and the Fourth Estate.

Walker Frost at The American Scene:

Let’s rewind to November 2007. Yahoo had just complied with the Chinese government’s request for the IP information and e-mail records of Wang Xiaoning and Shi Tao, two Chinese dissidents who China accused of “illegally providing state secrets to foreign entities.” Michael Callahan, the Yahoo’s executive VP and general counsel, was in Congress getting reamed by the late Tom Lantos (D-CA), Chairman of the House Foreign Affairs Committee, for the company’s gross moral failure: “Yahoo claims that this is just one big misunderstanding. Let me be clear—this was no misunderstanding. This was inexcusably negligent behavior at best, and deliberately deceptive behavior at worst.”

Yahoo’s response: “Like other global organizations we must abide by the laws, regulations and norms of each country in which we operate.”

“Why do you insist on using the phrase, ‘lawful orders?’” Lantos challenged. “These are the demands of a police state.”

Lantos even brought Shi Tao’s mother to the hearing, seated her in the front of the room, and told Yahoo CEO Jerry Yang: “I would urge you to beg the forgiveness of the mother whose son is languishing behind bars thanks to Yahoo’s actions.”

How the tables have turned.

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It’s Been A Good Long Time Since We’ve Had A Nice Internet Fight

Glenn Greenwald:

On June 6, Kevin Poulsen and Kim Zetter of Wiredreported that a 22-year-old U.S. Army Private in Iraq, Bradley Manning, had been detained after he “boasted” in an Internet chat — with convicted computer hacker Adrian Lamo — of leaking to WikiLeaks the now famous Apache Helicopter attack video, a yet-to-be-published video of a civilian-killing air attack in Afghanistan, and “hundreds of thousands of classified State Department records.”  Lamo, who holds himself out as a “journalist” and told Manning he was one, acted instead as government informant, notifying federal authorities of what Manning allegedly told him, and then proceeded to question Manning for days as he met with federal agents, leading to Manning’s detention.

On June 10, former New York Times reporter Philip Shenon, writing in The Daily Beast, gave voice to anonymous “American officials” to announce that “Pentagon investigators” were trying “to determine the whereabouts of the Australian-born founder of the secretive website Wikileaks [Julian Assange] for fear that he may be about to publish a huge cache of classified State Department cables that, if made public, could do serious damage to national security.”  Some news outlets used that report to declare that there was a “Pentagon manhunt” underway for Assange — as though he’s some sort of dangerous fugitive.

From the start, this whole story was quite strange for numerous reasons.  In an attempt to obtain greater clarity about what really happened here, I’ve spent the last week reviewing everything I could related to this case and speaking with several of the key participants (including Lamo, with whom I had a one-hour interview last night that can be heard on the recorder below, and Poulsen, with whom I had a lengthy email exchange, which is published in full here).  A definitive understanding of what really happened is virtually impossible to acquire, largely because almost everything that is known comes from a single, extremely untrustworthy source:  Lamo himself.  Compounding that is the fact that most of what came from Lamo has been filtered through a single journalist — Poulsen — who has a long and strange history with Lamo, who continues to possess but not disclose key evidence, and who has been only marginally transparent about what actually happened here (I say that as someone who admires Poulsen’s work as Editor of Wired‘s Threat Level blog).

[…]

Actually, over the years, Poulsen has served more or less as Lamo’s personal media voice.  Back in 2000, Poulsen would quote Lamo as an expert source on hacking.  That same year, Poulsen — armed with exclusive, inside information from Lamo — began writing about Lamo’s various hacking adventures.  After Lamo’s conviction, Poulsen wrote about his post-detention battles with law enforcement and a leaked documentary featuring Lamo.  As detailed below, Lamo is notorious in the world of hacking for being a low-level, inconsequential hacker with an insatiable need for self-promotion and media attention, and for the past decade, it has been Poulsen who satisfies that need.

On May 20 — a month ago — Poulsen, out of nowhere, despite Lamo’s not having been in the news for years, wrote a long, detailed Wired article describing serious mental health problems Lamo was experiencing.  The story Poulsen wrote goes as follows:  after Lamo’s backpack containing pharmaceutical products was stolen sometime in April (Lamo claims they were prescribed anti-depressants), Lamo called the police, who concluded that he was experiencing such acute psychiatric distress that they had him involuntarily committed to a mental hospital for three days.  That 72-hour “involuntary psychiatric hold” was then extended by a court for six more days, after which he was released to his parents’ home.  Lamo claimed he was diagnosed with Asperger’s Syndrome, a somewhat fashionable autism diagnosis which many stars in the computer world have also claimed.  In that article, Poulsen also summarized Lamo’s extensive hacking history.  Lamo told me that, while he was in the mental hospital, he called Poulsen to tell him what happened, and then told Poulsen he could write about it for a Wired article.  So starved was Lamo for some media attention that he was willing to encourage Poulsen to write about his claimed psychiatric problems if it meant an article in Wired that mentioned his name.

It was just over two weeks after writing about Lamo’s Asperger’s, depression and hacking history that Poulsen, along with Kim Zetter, reported that PFC Manning had been detained, after, they said, he had “contacted former hacker Adrian Lamo late last month over instant messenger and e-mail.”  Lamo told me that Manning first emailed him on May 20 and, according to highly edited chat logs released by Wired, had his first online chat with Manning on May 21; in other words, Manning first contacted Lamo the very day that Poulsen’s Wired article on Lamo’s involuntary commitment appeared (the Wired article is time-stamped 5:46 p.m. on May 20).

Lamo, however, told me that Manning found him not from the Wired article — which Manning never mentioned reading — but from searching the word “WikiLeaks” on Twitter, which led him to a tweet Lamo had written that included the word “WikiLeaks.” Even if Manning had really found Lamo through a Twitter search for “WikiLeaks,” Lamo could not explain why Manning focused on him, rather than the thousands of other people who have also mentioned the word “WikiLeaks” on Twitter, including countless people who have done so by expressing support for WikiLeaks.

Although none of the Wired articles ever mention this, the first Lamo-Manning communications were not actually via chat.  Instead, Lamo told me that Manning first sent him a series of encrypted emails which Lamo was unable to decrypt because Manning “encrypted it to an outdated PGP key of mine” [PGP is an encryption program].  After receiving this first set of emails, Lamo says he replied — despite not knowing who these emails were from or what they were about — by inviting the emailer to chat with him on AOL IM, and provided his screen name to do so.  Lamo says that Manning thereafter sent him additional emails encrypted to his current PGP key, but that Lamo never bothered to decrypt them.  Instead, Lamo claims he turned over all those Manning emails to the FBI without ever reading a single one of them.  Thus, the actual initial communications between Manning and Lamo — what preceded and led to their chat — are completely unknown.  Lamo refuses to release the emails or chats other than the small chat snippets published by Wired.

Using the chat logs between Lamo and Manning — which Lamo provided to Poulsen — the Wired writers speculated that the Army Private trusted Lamo because he “sensed a kindred spirit in the ex-hacker.”  Poulsen and Zetter write that Manning confessed to being the leaker of the Apache attack video “very quickly in the exchange,” and then proceeded to boast that, in addition, “he leaked a quarter-million classified embassy cables” to WikiLeaks.  Very shortly after the first chat, Lamo notified federal agents of what Manning told him, proceeded to speak to Manning for the next several days while consulting with federal agents, and then learned that Manning was detained in Iraq.

Adrian Chen at Gawker:

Here’s how it worked in the Manning case: Manning first contacted Lamo by IM on May 21st. On May 24th, Lamo called Poulsen to let him know about the potential story, but witheld details. Lamo began working with the feds to nab Manning. On May 26th, Manning was arrested. The day after Lamo learned of Manning’s arrest, he told the whole story to Poulsen, who drove miles to pick up a zip drive with the chat logs, according to the CJR. Poulsen wrote the post and published June 6th.

We see here how Lamo functions essentially as an informal stringer for Poulsen. Lamo told the BBC that he had even told Manning he was a journalist. That Lamo then turned on his source is a pretty blatant violation of journalistic ethics, but never mind; Poulsen gets his story and Lamo gets his name in the papers.

In typical hyperbolic fashion, Wikileaks has been Tweeting allegations that this means Wired was in collusion with Lamo and, thus, the US government. Really, what’s going on doesn’t differ much from any source-journalist relationship.

But Wired’s role is indeed colored by Poulsen’s strong relationship with Lamo—and the fact that Lamo turned Manning into the authorities. When hackers come to the media with, say, evidence of a massive iPad security flaw, they usually demand some sort of anonymity. Manning didn’t have this option, since, technically he wasn’t speaking with a journalist. But the fact that Lamo presumably intended from the beginning to dish to Poulsen complicates things.

The exact role of Wired in this—and the extent to which Lamo misled Manning to think he was a journalist—could presumably be answered by looking at the full chat logs Lamo gave Poulsen. But Poulsen told Greenwald that Wired didn’t release the full transcript because it detailed “personal matters” or sensitive government information. Bullshit. Poulsen and Lamo have been working as an informal hacker-journalist unit for years. It’s time to get some Wikileaks-style transparency on how it all works.

More Greenwald:

Poulsen’s concealment of the chat logs is actively blinding journalists and others who have been attempting to learn what Manning did and did not do. By allowing the world to see only the fraction of the Manning-Lamo chats that he chose to release, Poulsen has created a situation in which his long-time “source,” Adrian Lamo, is the only source of information for what Manning supposedly said beyond those published exceprts.  Journalists thus routinely print Lamo’s assertions about Manning’s statements even though — as a result of Poulsen’s concealment — they are unable to verify whether Lamo is telling the truth.  Due to Poulsen, Lamo is now the one driving many of the media stories about Manning and WikiLeaks even though Lamo (a) is a convicted felon, (b) was (as Poulsen strangely reported at the time) involuntarily hospitalized for severe psychiatric distress a mere three weeks before his chats with Manning, and (c) cannot keep his story straight about anything from one minute to the next.

To see how odious Poulsen’s concealment of this evidence is, consider this December 15 New York Times article by Charlie Savage, which reports that the DOJ is trying to prosecute WikiLeaks based on the theory that Julian Assange “encouraged or even helped” Manning extract the classified information.  Savage extensively quotes Lamo claiming that Manning told him all sorts of things about WikiLeaks and Assange that are not found in the portions of the chat logs published by Wired:

Among materials prosecutors are studying is an online chat log in which Private Manning is said to claim that he had been directly communicating with Mr. Assange using an encrypted Internet conferencing service as the soldier was downloading government files. Private Manning is also said to have claimed that Mr. Assange gave him access to a dedicated server for uploading some of them to WikiLeaks.

Adrian Lamo, an ex-hacker in whom Private Manning confided and who eventually turned him in, said Private Manning detailed those interactions in instant-message conversations with him.

He said the special server’s purpose was to allow Private Manning’s submissions to “be bumped to the top of the queue for review.” By Mr. Lamo’s account, Private Manning bragged about this “as evidence of his status as the high-profile source for WikiLeaks.”

Wired magazine has published excerpts from logs of online chats between Mr. Lamo and Private Manning. But the sections in which Private Manning is said to detail contacts with Mr. Assange are not among them. Mr. Lamo described them from memory in an interview with the Times, but he said he could not provide the full chat transcript because the F.B.I. had taken his hard drive, on which it was saved. . . .

It has been known that investigators were looking for evidence that one or more people in Boston served as an intermediary between Private Manning and WikiLeaks, although there is no public sign that they have found any evidence supporting that theory. . . .

“At some point, [Manning] became satisfied that he was actually talking to Assange and not some unknown third party posing as Assange, and based on that he began sending in smaller amounts of data from his computer,” Mr. Lamo said. “Because of the nature of his Internet connection, he wasn’t able to send large data files easily. He was using a satellite connection, so he was limited until he did an actual physical drop-off when he was back in the United States in January of this year.”

Lamo’s claim — that Manning told him that he physically dropped off a disk with classified information to WikiLeaks’ “intermediaries” in Boston — is nowhere to be found in the chat logs released by Poulsen. And while there are a couple of vague references in the chats to Manning’s interactions with Assange, there is also little in the released portions about Assange using an “encrypted Internet conferencing service” to talk to Manning or specially creating a “dedicated server” for Manning to use.  Yet here is Lamo, on the front page of The New York Times, making these incredibly inflammatory accusations about what Manning supposedly told him — accusations that could implicate both WikiLeaks and numerous individuals in the Boston area, including MIT students who (due at least in part to Lamo’s prior accusations) have been the subject of WikiLeaks-related probes by the FBI.

Whether Manning actually said these things to Lamo could be verified in one minute by “journalist” Kevin Poulsen.  He could either say:  (1) yes, the chats contain such statements by Manning, and here are the portions where he said these things, or (2) no, the chats contain no such statements by Manning, which means Lamo is either lying or suffers from a very impaired recollection about what Manning said.  Poulsen could also provide Lamo — who claims he is no longer in possession of them — with a copy of the chat logs (which Lamo gave him) so that journalists quoting Lamo about Manning’s statements could see the actual evidence rather than relying on Lamo’s claims.  Any true “journalist” — or any person minimally interested in revealing the truth — would do exactly that in response to Lamo’s claims as published by The New York Times.

But manifestly, those descriptions do not apply to Kevin Poulsen.  It’s been almost two weeks since Savage wrote his story in which he prominently pointed out that Wired has the evidence — but has not released it — which would confirm whether Lamo is telling the truth about these vital matters, and Poulsen has said nothing.  Moreover, I sent Poulsen an e-mail two days ago — here — expressly asking whether or not the chat logs contain what Lamo says they contain about WikiLeaks and Boston-area “intermediaries,” and he has ignored the inquiries.  This is not the behavior of a journalist seeking to inform the public, but of someone eager, for whatever reasons, to hide the truth.

Evan Hansen and Kevin Poulsen at Wired. Poulsen:

On Monday, Salon.com columnist Glenn Greenwald unleashed a stunning attack on this publication, and me in particular, over our groundbreaking coverage of WikiLeaks and the ongoing prosecution of the man suspected of being the organization’s most important source. Greenwald’s piece is a breathtaking mix of sophistry, hypocrisy and journalistic laziness.

We took the high ground and ignored Greenwald and Salon the first time they pulled this nonsense. Now it’s time to set the record straight.

If you’re just tuning in, Wired.com was the first to report, last June, on the then-secret arrest of Pfc. Bradley Manning. I learned of the arrest from Adrian Lamo, a well-known former hacker on whom I reported extensively from 2000 to 2002. It was Lamo who turned Manning in to the Army and the FBI, after Manning — isolated and despondent — contacted him online and began confiding the most intimate details of his life, including, but by no means limited to, his relationship with WikiLeaks, and the vast databases he claimed to have provided them.

Co-writer Kim Zetter and I followed up the story four days later with a piece examining Manning’s motives. The Washington Post had just run a fine story about Manning’s state-of-mind: At the time of his discussions with Lamo, he’d been through a bad breakup and had other personal conflicts. But I felt — and still do feel — that it’s a mistake to automatically ascribe Manning’s actions to his feeling depressed. (For one thing, his breakup occurred after the leaking.) There’s an implicit political judgment in that conclusion: that leaking is an aberrant act, a symptom of a psychological disorder. Manning expressed clear and rational reasons for doing what he did, whether one agrees with those reasons or not.

So we went into the logs of the chats Manning held with Lamo — which Lamo had provided Wired and The Washington Post — and pieced together a picture of why Manning took his historic actions, based on his own words (“Suspected Wikileaks Source Described Crisis of Conscience Leading to Leaks“). As a sidebar to the article, we published excerpts from those chat logs.

We’ve had several more scoops since then, reporting new information on Manning’s history in the Army, and revealing the internal conflict his alleged disclosures triggered within WikiLeaks.

But those first stories in June either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking. We’ve led the coverage on this story, and we would gain nothing by letting another scoop simmer unreported on our hard drives.

The debate, if it can be described as that, centers on the remainder of Manning’s conversations with Lamo. Greenwald argues that Wired.com has a journalistic obligation to publish the entirety of Manning’s communications. As with other things that Greenwald writes, the truth is the opposite. (See the statement above by Wired’s editor-in-chief.)

Greenwald’s incomplete understanding of basic journalistic standards was first displayed in his earlier piece on this subject, last June, titled “The Strange and Consequential Case of Bradley Manning, Adrian Lamo and WikiLeaks.” This is where he first claimed that Lamo and I have “long and strange history together.”

That “history” began in 2000, when, while reporting for the computer security news site SecurityFocus.com, I contacted Lamo to use him as an expert on security issues at AOL. I sought him out because he’d been quoted in a similar capacity in a Salon.com article the year before.

Later, Lamo began sharing with me the details of some of his hacking. Lamo was nearly unique among hackers of that period, in that he had no evident fear of discussing his unlawful access, regardless of the inevitable legal consequences. He cracked everyone from Microsoft to Yahoo, and from MCI to Excite@Home. And he freely discussed how he did it, and sometimes helped the victim companies close their security holes afterward.

This came at a time, prior to the passage of California’s SB1386, when companies had no legal obligation to reveal security breaches, and hackers, facing tough criminal sanctions, had a strong disincentive to reveal it themselves. Lamo’s transparency provided an invaluable window on the poor state of computer security.

Using little more than a web browser, he was able to gain sensitive information on critical infrastructure, and private data like Social Security numbers. He changed a news story on Yahoo — at the time the most-trafficked news source on the web — undetected. In the intrusion that finally resulted in his arrest, he cracked The New York Times intranet and added himself to the paper’s internal database of op-ed contributors.

Some people regarded him as a hacker hero — Kevin Spacey narrated a documentary about him. Others argued he was a villain. At his sentencing, Lamo’s prosecutors argued he was responsible for “a great deal of psychological injury” to his victims.

To Greenwald, all this makes Lamo “a low-level, inconsequential hacker.” This conclusion is critical to his thesis that Lamo and I have something more than a source-journalist relationship. Greenwald’s theory is that Lamo’s hacks were not newsworthy. But, this line of thought goes, in exchange for the chance to break the non-news of his intrusions, I reported them — getting Lamo attention among the readers of SecurityFocus.com.

What he fails to report is that those same breaches were also covered by the Associated Press, Reuters, Wired magazine (well before my tenure at Wired.com), cable news networks, every tech news outlet and several national newspapers, and that Lamo spoke freely to all of them.

Greenwald:

Last night, Wired posted a two-part response to my criticisms of its conduct in reporting on the arrest of PFC Bradley Manning and the key role played in that arrest by Adrian Lamo.  I wrote about this topic twice — first back in June and then again on Monday.  The first part of Wired‘s response was from Wired.com Editor-in-Chief Evan Hansen, and the second is from its Senior Editor Kevin Poulsen.  Both predictably hurl all sorts of invective at me as a means of distracting attention from the central issue, the only issue that matters:  their refusal to release or even comment on what is the central evidence in what is easily one of the most consequential political stories of this year, at least.

That’s how these disputes often work by design:  the party whose conduct is in question (here, Wired) attacks the critic in order to create the impression that it’s all just some sort of screeching personality feud devoid of substance.  That, in turn, causes some bystanders to cheer for whichever side they already like and boo the side they already dislike, as though it’s some sort of entertaining wrestling match, while everyone else dismisses it all as some sort of trivial Internet catfight not worth sorting out.  That, ironically, is what WikiLeaks critics (and The New York Times‘ John Burns) did with the release of the Iraq War documents showing all sorts of atrocities in which the U.S. was complicit:  they tried to put the focus on the personality quirks of Julian Assange to distract attention away from the horrifying substance of those disclosures.  That, manifestly, is the same tactic Wired is using here:  trying to put the focus on me to obscure their own ongoing conduct in concealing the key evidence shining light on these events.

In a separate post, I fully address every accusation Hansen and Poulsen make about me as well as the alleged inaccuracies in what I wrote.  But I’m going to do everything possible here to ensure that the focus remains on what matters:  the way in which Wired, with no justification, continues to conceal this evidence and, worse, refuses even to comment on its content, thus blinding journalists and others trying to find out what really happened here, while enabling gross distortions of the truth by Poulsen’s long-time confidant and source, the government informant Adrian Lamo.

The bottom line from Hansen and Poulsen is that they still refuse to release any further chat excerpts or, more inexcusably, to comment at all on — to verify or deny — Lamo’s public statements about what Manning said to him that do not appear in those excerpts.  They thus continue to conceal from the public 75% of the Manning-Lamo chats.  They refuse to say whether Lamo’s numerous serious accusations about what Manning told him are actually found anywhere in the chat logs.  Nor will they provide the evidence to resolve the glaring inconsistencies in Lamo’s many public tales about the critical issues:  how he came to speak to Manning, what Lamo did to induce these disclosures, and what Manning said about his relationship to WikiLeaks and his own actions.  Every insult Wired spouts about me could be 100% true and none of it changes the core fact:  Wired is hiding the key evidence about what took place here, thus allowing Lamo to spout all sorts of serious claims without any check and thus drive much of the reporting about WikiLeaks.

To defend this concealment, Hansen claims that they “have already published substantial excerpts from the logs.”  But the parts they are concealing are far more substantial:  75% by their own account, and critically, the person who played a key role in hand-picking which parts to publish and which parts to conceal is the person whom BBC News accurately describes as “Mr Lamo’s long-term associate Kevin Poulsen.”  Poulsen claims he “either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking,” but that begs the key question:  is everything — or anything — that Lamo has been claiming about Manning’s statements found in the chat logs or not?  Why won’t Wired answer that question?  Below, I set forth what Lamo has claimed that is not in the chat logs and why it is so vital to know if it’s there.

Hansen’s defense principally relies on a total strawman:  that I’m calling for the full, unedited release of the chat logs.  Hansen insists that Wired cannot do this because of privacy concerns for Manning.  He titles his response “The Case for Privacy,” and claims “that the logs include sensitive personal information with no bearing on Wikileaks.”

But neither I nor anyone else I’ve read has called on Wired to indiscriminately dump the chat logs without any redactions or regard for Manning’s privacy.  Back in June — once Poulsen’s claims that they were withholding only private information and national security secrets was proven false by TheWashington Post‘s subsequent publication of chat excerpts that fell into neither category — this is what I called on Wired to do:

Wired should either publish all of the chat logs, or be far more diligent about withholding only those parts which truly pertain only to Manning’s private and personal matters and/or which would reveal national security secrets. Or they should have a respected third party review the parts they have concealed to determine if there is any justification for that. At least if one believes Lamo’s claims, there are clearly relevant parts of those chats which Wired continues to conceal.

Then, on Sunday, I noted several important events that transpired since I wrote that June article: most prominently the fact that Wired‘s source, Lamo, had spent six months making all sorts of public claims about what Manning told him that are nowhere in the chat excerpts published by Wired. Moreover, the disclosures by WikiLeaks gut Poulsen’s excuse that Wired‘s concealments are necessary to protect national security secrets (an excuse Hansen did not even raise).  As a result of those developments, this is what I wrote on Sunday that Wired should do:

What they ought to do, at the absolute minimum, is post the portions of the chat logs about which Lamo had made public statements or make clear that they do not exist. . . . Poulsen could also provide Lamo — who claims he is no longer in possession of them — with a copy of the chat logs (which Lamo gave him) so that journalists quoting Lamo about Manning’s statements could see the actual evidence rather than relying on Lamo’s claims.

For anyone who wants to defend Wired here, I’d really like to know:  what possible excuse is there for their refusal to do this?  Even if you trust Poulsen — despite his very close and long relationship to Lamo — to conceal some parts of the chats on privacy grounds, what justification is there for Wired‘s refusal to state that either (a) Lamo’s claims about what Manning told him are supported by the chat logs (and then publish those portions), or (b) Lamo’s claims are not found in the chat logs, thus proving that Lamo is either lying or has an unreliable recollection?  While Adrian Lamo runs around spouting all sorts of serious accusations about what Manning supposedly told him that are not found in Wired‘s excerpts — claims which end up in the world’s largest news outlets — and while he issues one contradictory claim after the next about these events, how can anyone claiming to be a journalist not inform the public about whether those stories are true?  For Wired defenders: what justifies that obfuscatory behavior, that refusal to say whether Lamo’s claims are true or false based on the chat logs?

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Blake Hounshell at Foreign Policy:

I love a good blog fight as much as anyone, but after reading several thousand words of accusations and counter accusations being slung between Salon blogger Glenn Greenwald and Wired‘s Evan Hansen and Kevin Poulsen, I’m left scratching my head trying to figure out what, exactly, this particular dispute is all about.

For those of you who haven’t been paying attention, first of all: congratulations. Second, here’s a quick synopsis: On June 6, Poulsen and his colleague Kim Zetter broke the sensational story that a young Army intelligence officer, Bradley Manning, had been arrested for disclosing classified information to WikiLeaks, including a video showing a U.S. helicopter gunship killing three civilians in Iraq and more than 250,000 State Department cables. Wired‘s main source was Adrian Lamo, a former hacker who says he turned Manning in to U.S. authorities after the latter confessed to the deed in a Web chat. As Lamo explained his motivation: “I wouldn’t have done this if lives weren’t in danger.”

Four days later, Poulsen and Zetter published a new article on Manning, as well as an incomplete transcript of Lamo and Manning’s chats, which had begun on May 21 and continued for a few days. “The excerpts represent about 25 percent of the logs,” they wrote. “Portions of the chats that discuss deeply personal information about Manning or that reveal apparently sensitive military information are not included.”

That same day, the Washington Post published its own article on Manning’s arrest, quoting from the logs, which the paper said it had received from Lamo. Some of the quotes do not appear in Wired‘s excerpts. Wired also continued to follow the story.

On June 18, Greenwald wrote a long blog post raising questions about Poulsen’s scoop and about Lamo. He said he found the story “quite strange,” called Lamo an “extremely untrustworthy source,” and accused Poulsen of being “only marginally transparent about what actually happened here.”

What was curious about Greenwald’s post was that he didn’t challenge any specific facts in Wired‘s reporting; he just pointed to what he saw as inconsistencies in the story, as well as Lamo’s account, and condemned the ex-hacker’s actions as “despicable.” He didn’t suggest outright that Manning had not actually confessed to Lamo. He didn’t try to argue that Manning hadn’t broken the law. He didn’t say the log excerpts were fabricated. He did, however, complain that Lamo had told him about conversations with Manning that were not in the chat-log excerpts published by Wired, and called on the magazine to release them. Poulsen said he wouldn’t be doing so, telling Greenwald: “The remainder is either Manning discussing personal matters that aren’t clearly related to his arrest, or apparently sensitive government information that I’m not throwing up without vetting first.”

Still with me?

Then, on Monday, several weeks after the cables had begun trickling out, Greenwald again returned to the issue. In a torqued-up post titled “The worsening journalistic disgrace at Wired,” he excoriated the magazine and Poulsen for refusing to release the full logs, calling Poulsen’s behavior “odious” and “concealment” of “key evidence.” Greenwald appears to have been motivated to weigh in anew by Firedoglake — a left-leaning website whose members had been obsessively trolling the Web for stories about Lamo and Manning, and even pulled together a handy, color-coded expanded transcript from the logs — as well as by a flawedNew York Timesarticle reporting that the Justice Department was trying to build a conspiracy case against WikiLeaks frontman Julian Assange. Presumably, the logs would be an important part of the prosecution’s argument.

Wired responded to Greenwald Tuesday night with twin posts by Hansen, the magazine’s editor in chief, and Poulsen. Greenwald fired back with two angry posts of his own today (1, 2). Long story short: Wired reiterated its refusal to release the logs (Poulsen: “[T]hose first stories in June either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking”), Greenwald rejected that explanation, and both sides traded some nasty barbs about each other and made competing claims about the nature of Poulsen’s relationship with Lamo.

What still remains a mystery to me is what, exactly, Greenwald thinks is being covered up here. What is he accusing Wired of doing, and why? Does he think that the full transcript of the logs would somehow exonerate Manning, or prove Lamo a liar? And if he catches Lamo telling a journalist something that wasn’t in the logs, what then?

Greg Mitchell at The Nation:

8:20 For a good running twitter debate on Greenwald vs. Wired (see below), check out @felixsalmon and @penenberg.   And Jeff Jarvis tweets:  “Now I need a journalist (& FDL) to cut through personal, professional invective among @ evanatwired, @ kpoulson, @ ggreenwald to answer Qs.”

Karl at Patterico’s:

More to the point, Wired gets even in a two-part article by EIC Evan Hansen and Senior Editor Kevin Poulsen.  The latter writes:

On Monday, Salon.com columnist Glenn Greenwald unleashed a stunning attack on this publication, and me in particular, over our groundbreaking coverage of WikiLeaks and the ongoing prosecution of the man suspected of being the organization’s most important source. Greenwald’s piece is a breathtaking mix of sophistry, hypocrisy and journalistic laziness.

That’s the tip of an iceberg that includes an undisclosed conflict of interest and more than one major factual error.  But is it breathtaking?  Perhaps the folks at Wired never noticed until now that inaccuracy, sophistryhypocrisy, free-floating rage and undisclosed conflicts are Greenwald features, not bugs.

Significantly, Hansen and Poulsen include Salon in their critique.  Granted, if Salon was serious about maintaining some minimum level of integrity, they wouldn’t have brought Greenwald on board in February 2007, as he had already been exposed as a egomaniacal sock-puppeteer.  It is nevertheless a timely reminder of that lack of standards on the part of both Greenwald and Salon.

Jane Hamsher at Firedoglake:

Over the past few days, FDL readers have worked hard to transcribe every available recorded interview with Adrian Lamo, and their work has made manifestly clear that Lamo consistently makes contradictory claims for what appears in the chat logs. Further, Lamo has made statements that contradict Wired’s own reporting on the matter.

I’m proud of the citizen journalism here at FDL that was used by Glenn Greenwald to meticulously document many of the inconsistencies in the Wired narrative, and which will no doubt continue to be used as the Lamo-Manning story evolves over time.  I hope at the very least it has put an end to outlets like the New York Times using Lamo as a source for front page stories without going back and looking at what Lamo has said (or hasn’t said) in the past, because there is no excuse now.

Here are the chat logs, here are the previous Lamo interviews, and here is a timeline of events.  Any journalist writing on the subject can easily make themselves familiar with the history of what has been said and written, and they should be responsible for making sure that anything they produce is contextualized within that.

I’m not sure why Hansen thinks transcribing interviews and logging articles qualifies as “discrediting Lamo.”  Lamo’s own words and actions are responsible for any indictment being made in the press, and Wired’s decision to sit on the chat logs makes them an active participant in whatever claims Lamo makes about their contents.

If Hansen doesn’t think the credibility of the key source for Wired’s reporting on this story can hold up when simply compared to his own words, I’d say they’ve got bigger problems than Glenn Greenwald.

John Cole:

What is particularly odd is that this is an online journal that should know better about this sort of thing- the logs will eventually come out. Maybe some of you were right about Wired, that it is basically People magazine for the online set, and I should find better sources in the future. At any rate, all we can do for now is keep the pressure up and refuse to visit Wired or any affiliates until they come clean. Hit em in the statcounter, I guess.

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