Global Investigative Journalism Conference, Kiev

Off to do a key­note at the Glob­al Invest­ig­at­ive Journ­al­ism Con­fer­ence in Kiev.   Should be inter­est­ing — watch this space.

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The Official Secrets Act — when will the British media learn?

I have been watch­ing with a cer­tain cyn­ic­al interest the unfold­ing of Oper­a­tion Weet­ing, one of the pleth­ora of Met­ro­pol­it­an Police invest­ig­a­tions into the UK phone hack­ing scan­dal, involving many of our favour­ite play­ers: shady private invest­ig­at­ors, pred­at­ory journ­al­ists, bent cop­pers, and politi­cians con­tort­ing them­selves in an effort to pro­tect both their own repu­ta­tions and their Friends in High Places.  And the ripples are spread­ing inter­na­tion­ally.  Noth­ing like a little bit of globilisation.…

Rupert_and_Rebekah The Guard­i­an news­pa­per has made most of the early run­ning in expos­ing the cor­rupt prac­tices of the now defunct News of the Screws, high­light­ing all the dubi­ous tabloid prac­tices of hack­ing, blagging, pinging, and god knows what else.  All this done with the help of bot­tom-feed­ing private invest­ig­at­ors, but also mani­festly with the help of cor­rupt police officers who were not averse to the idea of tak­ing a bribe to help their friends in Wap­ping.  And how far might this “trickle down cor­rup­tion” might have gone, um, up?

Des­pite the self-right­eous­ness of oth­er UK news­pa­pers, it has also now become appar­ent that these dubi­ous and poten­tially illeg­al prac­tices were com­mon through­out Fleet Street, and oth­er nation­al news­pa­pers are also under investigation.

And yet it appears that all this could have been nipped in the bud over a dec­ade ago, when Steven Nott, a con­cerned Brit­ish cit­izen, tried to expose the vul­ner­ab­il­ity of mobile phones after he stumbled across the prac­tice by acci­dent.  He took his find­ings to a vari­ety of nation­al news­pa­pers, all of whom seem to have ini­tially thought there was a good story, but every time the news was bur­ied.  Well, I sup­pose it would be, would­n’t it — after all, why would hacks expose a prac­tice that could be so useful?

But back to the dear old OSA and the media.

Police_news_international In yes­ter­day’s Observ­er news­pa­per, it was repor­ted that the police have threatened the journ­al­ists at The Guard­i­an with the Offi­cial Secrets Act (1989) to force them to dis­close the iden­tity of their source amongst the police officer(s) in Oper­a­tion Weet­ing who leaked use­ful inform­a­tion to the news­pa­per to help its expos­ure of illeg­al prac­tices.  And, rightly, the great and the good are up in arms about this dra­coni­an use of a par­tic­u­larly invi­di­ous law:

John Cooper, a lead­ing human rights law­yer and vis­it­ing pro­fess­or at Cardiff Uni­ver­sity, echoed Evans’s con­cerns. “In my view this is a mis­use of the 1989 act,” Cooper said. “Fun­da­ment­ally the act was designed to pre­vent espi­on­age. In extreme cases it can be used to pre­vent police officers tip­ping off crim­in­als about police invest­ig­a­tions or from selling their stor­ies. In this instance none of this is sug­ges­ted, and many believe what was done was in the pub­lic interest.

Cooper added: “The police action is very likely to con­flict with art­icle 10 of the European Con­ven­tion on Human Rights, which pro­tects free­dom of speech.”

But I think he’s miss­ing a bit of recent leg­al his­tory here.  The UK had the 1911 OSA which was sup­posed to pro­tect the coun­try from espi­on­age and trait­ors, who faced 14 years in pris­on upon con­vic­tion.  Need­less to say this pro­vi­sion was rarely used — most of the cold war Soviet moles in the estab­lish­ment were allowed to slink off to the USSR, or at the very most be stripped of their “K”.

How­ever, as I’ve writ­ten before, the revised 1989 OSA was much more use­ful for the estab­lish­ment.  It was spe­cific­ally put in place to stop whis­tleblow­ing after the embar­rass­ment of the 1980s Clive Ponting/Belgrano case. 

Ponting The new act was spe­cific­ally designed to strip away the “pub­lic interest” defence used by Pont­ing in his tri­al, and also to pen­al­ise journ­al­ists who had the temer­ity to report leaks and whis­tleblow­ing from the heart of the estab­lish­ment.  The OSA (1989) has been used extens­ively since the late 1990s, des­pite the fact that many seni­or fig­ures in the former Labour gov­ern­ment opposed its pro­vi­sions when it went through Par­lia­ment.   Journ­al­ists are just as liable as whis­tleblowers or “leak­ers” under the pro­vi­sions of this act (the infam­ous Sec­tion 5).

So, back to The Guard­i­an and its leg­al cham­pi­ons.  I agree with what they are say­ing: yes, the 1989 OSA  has a chilling effect on free­dom of speech that unduly vic­tim­ises both the whis­tleblower and the journ­al­ist; yes, it is a uniquely dra­coni­an law for a notion­al West­ern demo­cracy to have on its books; yes, there should be a defence of “act­ing in the pub­lic interest”; and yes, the OSA should be deemed to be incom­pat­ible with Sec­tion 10(2) of the European Con­ven­tion of Human Rights, guar­an­tee­ing free speech, which can only be cir­cum­scribed in the interests of “nation­al secur­ity”, itself a leg­ally undefined, neb­u­lous, and con­tro­ver­sial phrase under Brit­ish law.

David_Shayler_High_Court But if all the out­raged law­yers read up on their case law, par­tic­u­larly the hear­ings and leg­al dog­fights in the run up to Regina v Shayler cases, they will see that all these issues have been addressed, appar­ently to the sat­is­fac­tion of the hon­our­able m’luds who preside over Brit­ish courts, and cer­tainly to the estab­lish­ment fig­ures who like to use the OSA as their “get out of jail free” card.

So I wish The Guard­i­an journ­al­ists well in this con­front­a­tion.  But I have to say, per­haps they would not have found them­selves in this situ­ation today vis a vis the OSA if, rather than just a few brave journ­al­ists, the media insti­tu­tions them­selves had put up a more robust fight against its pro­vi­sions dur­ing its bas­tard birth in 1989 and its sub­sequent abuse.

It has been repor­ted today that the police may have down­graded their invest­ig­a­tion to a purely crim­in­al mat­ter, not the OSA.  Whatever hap­pens does not obvi­ate the need for the media to launch a con­cer­ted cam­paign to call for reform of the invi­di­ous OSA.  Just because one of their own is no longer threatened does not mean the chilling threat of this law has gone away.  As Mar­tin Luth­er King said while imprisoned in 1963:

Injustice any­where is a threat to justice everywhere.”

I would also sug­gest the new gen­er­a­tion work­ing in the Brit­ish media urgently read this excel­lent book­let pro­duced by John Wadham of Liberty and Art­icle 19 way back in 2000 Down­load Article_19_Liberty_on_OSA_2000,  to remind them­selves of fun­da­ment­al argu­ments against dra­coni­an legis­la­tion such as the OSA and in favour of the free­dom of the press.

Spy documents found in Libya reveal more British double dealing

Musa_KousaA cache of highly clas­si­fied intel­li­gence doc­u­ments was recently dis­covered in the aban­doned offices of former Liby­an spy mas­ter, For­eign Min­is­ter and high-pro­file defect­or, Musa Kusa.

These doc­u­ments have over the last couple of weeks provided a fas­cin­at­ing insight into the grow­ing links in the last dec­ade between the former UK Labour gov­ern­ment, par­tic­u­larly Tony Blair, and the Gad­dafi régime.  They have dis­played in oily detail the degree of toady­ing that the Blair gov­ern­ment was pre­pared to coun­ten­ance, not only to secure luc­rat­ive busi­ness con­tracts but also to gloss over embar­rass­ing epis­odes such as Lock­er­bie and the false flag MI6-backed 1996 assas­sin­a­tion plot against Gaddafi.

These doc­u­ments have also appar­ently revealed dir­ect involve­ment by MI6 in the “extraordin­ary rendi­tion” to Tripoli and tor­ture of two Liby­ans.  Iron­ic­ally it has been repor­ted that they were wanted for being mem­bers of the Liby­an Islam­ic Fight­ing Group, the very organ­isa­tion that MI6 had backed in its failed 1996 coup.

The sec­u­lar dic­tat­or­ship of Col Gad­dafi always had much to fear from Islam­ist extrem­ism, so it is per­haps unsur­pris­ing that, after Blair’s notori­ous “deal in the desert” in 2004, the Gad­dafi régime used its con­nec­tions with MI6 and the CIA to hunt down its enemies.  And, as we have all been end­lessly told, the rules changed after 9/11…

The tor­ture  vic­tims, one of whom is now a mil­it­ary com­mand­er of the rebel Liby­an forces, are now con­sid­er­ing suing the Brit­ish gov­ern­ment.  Jack Straw, the For­eign Sec­ret­ary at the time, has tried to shuffle off any blame, stat­ing that he could not be expec­ted to know everything that MI6 does.

Well, er, no — part of the job descrip­tion of For­eign Sec­ret­ary is indeed to over­see the work of MI6 and hold it to demo­crat­ic account­ab­il­ity, espe­cially about such ser­i­ous policy issues as “extraordin­ary rendi­tion” and tor­ture.  Such oper­a­tions would indeed need the min­is­teri­al sign-off to be leg­al under the 1994 Intel­li­gence Ser­vices Act.

There has been just so much hot air from the cur­rent gov­ern­ment about how the Gib­son Tor­ture Inquiry will get to the bot­tom of these cases, but we all know how tooth­less such inquir­ies will be, cir­cum­scribed as they are by the terms of the Inquir­ies Act 2005.  We also know that Sir Peter Gib­son him­self has for years been “embed­ded” with­in the Brit­ish intel­li­gence com­munity and is hardly likely to hold the spies mean­ing­fully to account.

MoS_Shayler_11_09_2011So I was par­tic­u­larly intrigued to hear that the the cache of doc­u­ments showed the case of Dav­id Shayler, the intel­li­gence whis­tleblower who revealed the 1996 Gad­dafi assas­sin­a­tion plot and went to pris­on twice for doing so, first in France in 1998 and then in the UK in 2002, was still a sub­ject of dis­cus­sion between the Liby­an and UK gov­ern­ments in 2007. And, as I have writ­ten before, as late as 2009 it was obvi­ous that this case was still used by the Liby­ans for lever­age, cer­tainly when it came to the tit-for-tat nego­ti­ations around case of the murder in Lon­don out­side the Liby­an Embassy of WPC Yvonne Fletch­er in 1984.

Of course, way back in 1998, the Brit­ish gov­ern­ment was all too ready to crush the whis­tleblower rather than invest­ig­ate the dis­clos­ures and hold the spies to account for their illeg­al and reck­less acts.  I have always felt that this was a fail­ure of demo­cracy, that it ser­i­ously under­mined the future work and repu­ta­tion of the spies them­selves, and par­tic­u­larly that it was such a shame for the fate of the PBW (poor bloody whis­tleblower).

But it now appears that the Brit­ish intel­li­gence com­munity’s sense of omni­po­tence and of being above the law has come back to bite them.  How else explain their slide into a group-think men­tal­ity that par­ti­cip­ates in “extraordin­ary rendi­tion” and tor­ture?

One has to won­der if wily old Musa Kusa left this cache of doc­u­ments behind in his aban­doned offices as an “insur­ance policy”, just in case his defec­tion to the UK were not to be as com­fort­able as he had hoped — and we now know that he soon fled to Qatar after he had been ques­tioned about the Lock­er­bie case.

But wheth­er an hon­est mis­take or cun­ning power play, his actions have helped to shine a light into more dark corners of Brit­ish gov­ern­ment lies and double deal­ing vis a vis Libya.…

Last chance to find out what happened to Dr David Kelly — help needed

Many will be aware of the con­tro­versy sur­round­ing the death of Dr Dav­id Kelly, the world-renowned weapons inspect­or who was said to have blown the whistle about the “sex­ing-up” of the intel­li­gence case that took our coun­tries into the 2003 Iraq War.

Dr_Kelly_2jpgIgnor­ing all stand­ard Brit­ish leg­al require­ments, there has nev­er been an inquest into Dr Kelly’s sud­den death in 2003.  Sub­sequent gov­ern­ment enquir­ies have tried to assert over the years that he com­mit­ted sui­cide. How­ever, a group of seni­or Brit­ish doc­tors has con­sist­ently chal­lenged these find­ings and stated that his death was not proved to be sui­cide bey­ond all reas­on­able doubt.

Dominic_GrieveThe cur­rent seni­or leg­al advisor to the UK Coali­tion gov­ern­ment, Attor­ney Gen­er­al Domin­ic Grieve, prom­ised before last year’s elec­tion that he would con­sider a form­al inquest into Dr Kelly’s death.  How­ever, since com­ing to power Grieve has retreated from that.  In addi­tion, all the evid­ence sur­round­ing the death of Dr Kelly will, excep­tion­ally, remain clas­si­fied for 70 years.

The Brit­ish doc­tors, led by Dr Dav­id Halpin, have one last chance to get to the truth.  This week, they are apply­ing for a Judi­cial Review of Grieve’s decision.

The leg­al papers need to be filed by 8th Septem­ber, and the costs of this case will be at least £50,000, much of which has already been con­trib­uted by the doc­tors and sup­port­ers.  They are ask­ing for dona­tions to cov­er the remainder.  Please help if you can, spread the word to all your con­tacts, and ask them to make a fin­an­cial pledge at this site.

Spies and the Media — my recent talk at the Centre for Investigative Journalism

Here’s the film of my talk at the recent sum­mer school at the Centre for Invest­ig­at­ive Journ­al­ism in Lon­don a month ago:

 

Many thanks to Gav­in and the rest of the CIJ team for such a stim­u­lat­ing and thought-pro­vok­ing weekend!

Keynote at Centre for Investigative Journalism Summer School, 16 July 2011

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My next talk in the UK will be a key­note at the renowned CIJ sum­mer school on 16th July. One of the major themes this year is whis­tleblow­ing, for obvi­ous Wikileaks-related reas­ons, and it appears I shall be in good company.

My talk is at 2pm on the Sat­urday.  I under­stand the key­notes are open to the pub­lic, not just sum­mer school attendees, so come along if you can and please spread the word!

How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

Fair trials in the UK courts? Anyone?

This art­icle in today’s Guard­i­an about the ongo­ing reper­cus­sions of the Mark Kennedy under­cov­er cop scan­dal earli­er this year piqued my interest.

Mark_KennedyIt appears that the Crown Pro­sec­u­tion Ser­vice (CPS) has sup­pressed key evid­ence about the all-too-appar­ent inno­cence of envir­on­ment­al pro­test­ers in the run-up to their tri­als.  In this case Mark Kennedy aka Stone, the police­man who for years infilt­rated protest groups across Europe, had cov­ertly recor­ded con­ver­sa­tions dur­ing the plan­ning ses­sions to break into Ratcliffe-on-Soar power station.

Kennedy offered to give evid­ence to prove that the unit he worked for at the time, the private and unac­count­able ACPO-run Nation­al Pub­lic Order Invest­ig­a­tions Unit (NPOIU), had witheld this key evid­ence.  It now appears that the police are claim­ing that they passed all the inform­a­tion on to the CPS, which then seems to have neg­lected  to hand it over to the pro­test­ers’ defence lawyers.

Keir_StarmerWhich makes it even more fas­cin­at­ing that in April this year the Dir­ect­or of Pub­lic Pro­sec­u­tions, fam­ous civil liber­ties QC Keir Starm­er no less, took the unpre­ced­en­ted step of encour­aging those same pro­test­ers to appeal against their con­vic­tions because of poten­tial “police” cover-ups.

It’s just amaz­ing, isn’t it, that when vital inform­a­tion can be kept safely under wraps these doughty crime-fight­ing agen­cies present a united front to the world?  But once someone shines a light into the slith­ery dark corners, they all scramble to avoid blame and leak against each other?

And yet this case is just the tip of a titan­ic leg­al ice­berg, where for years the police and the CPS have been in cahoots to cov­er up many cases of, at best, mis­com­mu­nic­a­tion, and at worst out­right lies about incom­pet­ence and poten­tially crim­in­al activity.

Ian_TomlinsonA couple of months ago George Mon­bi­ot provided an excel­lent sum­mary of recent “mis­state­ments” (a won­der­fully euphemist­ic neo­lo­gism) by the police over the last few years, includ­ing such blatant cases as the death of Ian Tom­lin­son dur­ing the Lon­don G20 protests two years ago, the ongo­ing News of the World phone hack­ing case, and the counter-ter­ror­ism style exe­cu­tion, sorry, shoot­ing of the entirely inno­cent Jean Charles de Menezes, to name but a few.

Mon­bi­ot also dwelt at length on the appalling case of Michael Doherty, a con­cerned fath­er who dis­covered that his 13 year-old daugh­ter was appar­ently being groomed by a pae­do­phile over the inter­net.  He took his con­cerns to the police, who brushed the issue aside.  When Doherty tried to push for a more informed and pro­act­ive response, he was the one who was snatched from his house in an early morn­ing raid and ended up in court, accused of abus­ive and angry phone calls to the sta­tion in a sworn state­ment by a mem­ber of the rel­ev­ant police force, sorry, ser­vice.

And that would have been that — he would have appar­ently been bang to rights on the word of a police sec­ret­ary — apart from the fact he had recor­ded all his phone calls to the police and kept metic­u­lous notes on the pro­gress of the case.  Only this evid­ence led to his right­ful acquittal.

As Mon­bi­ot rightly con­cludes, “justice is impossible if we can­not trust police forces to tell the truth”.

It appears that the notion of “cit­izen journ­al­ists” is just sooo 2006.  Now we all need to be not only journ­al­ists but also “cit­izen law­yers”, just in case we have to defend ourselves against poten­tial police lies.  Yet these are the very organ­isa­tions that are paid from the pub­lic purse to pro­tect civil soci­ety.  Is it any won­der that so many people have a grow­ing dis­trust of them and con­cerns about an encroach­ing, Stasi-like, police state?

This is all part of engrained, top-down Brit­ish cul­ture of secrecy that allows the amorph­ous “secur­ity ser­vices” to think they can get away with any­thing and everything if they make a force­ful enough pub­lic state­ment: black is white, tor­ture is “enhanced inter­rog­a­tion”, and war is peace (or at least a “peace­keep­ing” mis­sion in Libya.…).  Espe­cially if there is no mean­ing­ful over­sight.  We have entered the Orwellian world of NewSpeak.

But plus ca change, plus c’est la meme chose.  This all happened in the 1970s and 80s with the Irish com­munity, and also in the 1990s with the ter­rible mis­car­riage of justice around the Israeli embassy bomb­ing in 1994.  If you have the time, please do read the detailed case here: Down­load Israeli_Embassy_Case

We need to remem­ber our history.

The Israeli Embassy Two — a gross miscarriage of justice

Samar_Alami Jawad_Botmeh Over the last few years there have been a num­ber of egre­gious cases of police and state cov­er-ups in the UK around the deaths and wrong­ful pro­sec­u­tions of inno­cent people.

This brings to my mind the appalling mis­car­riage of justice that occurred in the 1990s when two Palestini­an stu­dents, a young woman called Samar Alami and a young man called Jawad Bot­meh, were both wrong­fully con­victed of con­spir­acy to bomb the Israeli embassy in Lon­don in July 1994. 

In this case a highly soph­ist­ic­ated car bomb as det­on­ated out­side the embassy.  Thank­fully nobody was killed, but a num­ber of people suffered minor injur­ies.   Alami and Bot­meh had con­nec­tions to Palestini­an polit­ic­al sup­port groups based in Lon­don at the time, many of whom were roun­ded up dur­ing the invest­ig­a­tion.  Bot­meh had naively helped out a shad­owy and nev­er-iden­ti­fied fig­ure called Reda Moghr­abi, who asked for assist­ance in buy­ing a second-hand car at auc­tion.  This was the car that was used in the explosion.

Why is this case an example of estab­lish­ment cov­er-up?  Well,  this was one of the cases that former MI5 officer Dav­id Shayler blew the whistle on dur­ing the 1990s.  He revealed the exist­ence of two rel­ev­ant doc­u­ments that should have been dis­closed to the defence but, for some unac­count­able reas­on, were not.

The first, an agent report from a cred­ible and trus­ted source, poin­ted to a non-Palestini­an group plan­ning the attack before it had even occurred.  This report was not acted upon by the MI5 officer respons­ible, who then tried to cov­er up her mis­take.  She was caught out, and there was a much-dis­cussed intern­al inquiry into the mat­ter with­in MI5’s G Branch (inter­na­tion­al ter­ror­ism) in late 1994.

But there was anoth­er doc­u­ment — one writ­ten by G9/1, the seni­or MI5 officer who over­saw the post-incid­ent invest­ig­a­tion.  His view was that Mossad, the extern­al Israeli intel­li­gence agency, had car­ried out a con­trolled explo­sion out­side its own embassy (the shad­owy and uniden­ti­fied Reda Moghr­abi being the poten­tially cru­cial miss­ing link) in order to acquire the long-deman­ded addi­tion­al secur­ity pro­tec­tion around Israeli interests in the UK, and also to shat­ter the Palestini­an sup­port net­works in Lon­don — a long-term object­ive of Mossad.

The gov­ern­ment at the time tried to dis­miss these dis­clos­ures.  How­ever, the much-missed Private Eye invest­ig­at­ive   journ­al­ist, Paul Foot, and the indefatig­able law­yer, Gareth Peirce, fol­lowed them up and pur­sued them tire­lessly through the media and the courts

And guess what?  It turns out that these two key doc­u­ments had indeed not been dis­closed to the leg­al defence team dur­ing the tri­al of Alami and Bot­meh — and not just by the hap­less spooks.  It emerged dur­ing the appeal hear­ing that no few­er than sev­en people from a vari­ety of police and intel­li­gence organ­isa­tions had failed to dis­close the rel­ev­ant doc­u­ment­a­tion to the defence.  This can­not be explained away as an inno­cent over­sight, a cock-up — it bears all the hall­marks of a delib­er­ate, sys­tem­ic estab­lish­ment cover-up.

All this rep­res­en­ted, at the very least, a need for a retri­al but also a pos­sible gross mis­car­riage of justice.  And yet, while acknow­ledging that these doc­u­ments did indeed exist dur­ing the appeal hear­ing and bey­ond, the presid­ing m’luds decided to ignore all case law and European law and let those two inno­cents rot in pris­on.  After all, it would be ter­ribly embar­rass­ing to vin­dic­ate the actions of an intel­li­gence whis­tleblower, would­n’t it?

As a res­ult, the poor pawns in this sick estab­lish­ment game, Jawad Bot­meh and Samar Alami, ended up serving their full sen­tences, des­pite the over­whelm­ing body of evid­ence prov­ing their inno­cence, and were finally released in 2008 and 2009 respectively.

For any­one inter­ested in the detailed hor­ror story behind this flag­rant mis­car­riage of justice, here is the rel­ev­ant chapter from my long-defunct book: Down­load The_Israeli_Embassy_Case

The Age of Transparency?

Black_sheep_text?Well, this is an inter­est­ing case in the US.  Thomas Drake, a former seni­or exec­ut­ive at the Amer­ic­an Nation­al Secur­ity Agency (NSA), the US elec­tron­ic eaves­drop­ping organ­isa­tion, is being charged under the 1917 US Espi­on­age Act for allegedly dis­clos­ing clas­si­fied inform­a­tion to a journ­al­ist about, gasp, the mis­man­age­ment, fin­an­cial waste and dubi­ous leg­al prac­tices of the spy­ing organ­isa­tion.  These days it might actu­ally be more news­worthy if the oppos­ite were to be disclosed.…

How­ever, under the terms of the Espi­on­age Act, this des­ig­nates him an enemy of the Amer­ic­an people on a par with bona fide trait­ors of the past who sold secrets to hos­tile powers dur­ing the Cold War.

It strikes me that someone who reports mal­prac­tice, mis­takes and under-per­form­ance on the part of his (secret­ive) employ­ers might pos­sibly be someone who still has the motiv­a­tion to try to make a dif­fer­ence, to do their best to pro­tect people and serve the genu­ine interests of the whole coun­try.  Should such people be pro­sec­uted or should they be pro­tec­ted with a leg­al chan­nel to disclosure? 

Thomas Drake does not sound like a spy who should be pro­sec­uted for espi­on­age under the USA’s anti­quated act, he sounds on the avail­able inform­a­tion like a whis­tleblower, pure and simple.  But that won’t neces­sar­ily save him leg­ally, and he is appar­ently facing dec­ades in pris­on.  Pres­id­ent Obama, who made such a song and dance about trans­par­ency and account­ab­il­ity dur­ing his elec­tion cam­paign, has an even more egre­gious track record than pre­vi­ous pres­id­ents for hunt­ing down whis­tleblowers — the new “insider threat”.

This, of course, chimes with the Brit­ish exper­i­ence.  So-called left-of-centre polit­ic­al can­did­ates get elec­ted on a plat­form of trans­par­ency, free­dom of inform­a­tion, and an eth­ic­al for­eign policy (think Blair as well as Obama), and promptly renege on all their cam­paign prom­ises once they grab the top job. 

In fact, I would sug­gest that the more pro­fessedly “lib­er­al” the  gov­ern­ment, the more it feels empowered to shred civil liber­ties.  If a right-wing gov­ern­ment were to attack basic demo­crat­ic freedoms in such a way, the offi­cial oppos­i­tion (Democrats/Labour Party/whatever) would be obliged to make a show of oppos­ing the meas­ures to keep their core voters sweet.  Once they’re in power, of course, they can do what they want.

One stark example of this occured dur­ing the passing of the Brit­ish Offi­cial Secrets Act (1989) which, as I’ve writ­ten before, was spe­cific­ally designed to gag whis­tleblowers and pen­al­ise journ­al­ists.  The old OSA (1911) was already in place to deal with real traitors.

And who voted against the passing of this act in 1989?  Yes, you’ve guessed it, all those who then went on to become Labour gov­ern­ment min­is­ters after the 1997 Labour elec­tion land­slide — Tony Blair, Jack Straw, the late Robin Cook and a scrum of oth­er rather for­get­table min­is­ters and Attor­ney Gen­er­als.….  And yet it was this very New Labour gov­ern­ment in the UK that most often used the OSA to halt the free-flow of inform­a­tion and the dis­clos­ures of informed whis­tleblowers.  Obama has indeed learnt well.

It’s an oldie but still a good­ie: as one of my law­yers once wryly told me, it does­n’t mat­ter whom you vote for, the gov­ern­ment still gets in.….

How the Light Gets In — speaking in Hay-on-Wye, May 30 2011

How_the_light_gets_in_Banner I did two ses­sions at Hay-on-Wye philo­sophy and music fest­iv­al — How the Light gets In in May 2011.

The first was a debate called “An Age of Trans­par­ency” with neo-con­ser­vat­ive com­ment­at­or Douglas Mur­ray, and philo­soph­er Nigel Warburton.

The second was my talk about “Spies, Lies, and Life on the Run”.

Here’s a link to a video of my talk.

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Frontline Club/New Statesman (FCNS) whistleblower debate with Julian Assange

This house believes whis­tleblowers make the world a safer place.”

I was hon­oured to be asked to say a few words at the recent debate about the value of whis­tleblowers in Lon­don on 9th April 2011.

The Front­line Club and the left-wing New States­man magazine jointly hos­ted the event, which starred Juli­an Assange, edit­or in chief of Wikileaks.  Here is the debate in full:

 

 

Need­less to say, the oppos­i­tion had an uphill battle arguing not only against logic, the fair applic­a­tion of law, and the mean­ing of a vibrant and informed demo­cracy, but also against the new real­it­ies in the worlds of journ­al­ism and technology. 

The first more dip­lo­mat­ic­ally-minded oppos­i­tion­ist adop­ted a policy of appease­ment towards the audi­ence, but the last two had to fall back on the stale and puerile tac­tics of name-call­ing and ad hom­inem attacks.  So good to see that expens­ive edu­ca­tions are nev­er a waste.…

The pro­pos­i­tion was sup­por­ted enthu­si­at­ic­ally by the sell-out crowd, a resound­ing vote of con­fid­ence in the demo­crat­ic notions of account­ab­il­ity and transparency.

Here’s a snip­pet of my (brief) con­tri­bu­tion to a fant­ast­ic afternoon:

 

Security forces endanger agent lives, not whistleblowers…

Our esteemed gov­ern­ments, intel­li­gence agen­cies and police forces always attack whis­tleblowers and organ­isa­tions such as Wikileaks on the grounds that unau­thor­ised dis­clos­ure of clas­si­fied inform­a­tion puts the lives of agents and inform­ants at risk.

Bob_QuickAgent iden­tit­ies, along with ongo­ing oper­a­tions (as Former Assist­ant Com­mis­sion­er of Spe­cial Oper­a­tions at the Met­ro­pol­it­an Police, Bob Quick, found to his cost two years ago) and sens­it­ive invest­ig­at­ory tech­niques, are indeed in need of pro­tec­tion.  Much else is not — par­tic­u­larly inform­a­tion about lies, cov­er-ups, incom­pet­ence and crime.

Indeed, once you delve behind the scream­ing head­lines that whis­tleblower dis­clos­ures have risked agent lives, you often find that this is abso­lutely not the case — in fact their motiv­a­tion is usu­ally to pre­vent fur­ther need­less tor­ture, death and war crimes.  So the US Defence Sec­ret­ary, Robert Gates, was forced to admit that Wikileaks had indeed not endangered lives with the pub­lic­a­tion of the Afghan War Logs last year, and Dav­id Shayler­’s tri­al judge, in his form­al rul­ing, stated that “no lives had been put at risk” by his whistleblowing.

Instead, there is a grow­ing body of evid­ence to sug­gest that the secur­ity forces are the very organ­isa­tions not tak­ing the pro­tec­tion and after­care of their agents seriously.

Mark Kennedy, the under­cov­er police officer who spied on UK envir­on­ment­al protest groups, has gone on the record to say that the super­vi­sion, care and psy­cho­lo­gic­al sup­port provided to him was woe­fully lack­ing.   Kev­in Fulton, a serving sol­dier who infilt­rated the IRA on behalf of the notori­ous Forces Research Unit, has sim­il­arly been hung out to dry and is now attempt­ing to sue the Brit­ish Gov­ern­ment to provide the prom­ised, adequate aftercare.

Mar­tin McGart­land, who worked as a source in North­ern Ire­land at the height of “The Troubles” and is cred­ited with sav­ing 50 lives, has also borne the brunt of this lais­sez faire atti­tude since he stopped work­ing for intel­li­gence.  He has the scars to prove it too, hav­ing sur­vived assas­sin­a­tion attempts, and once blindly leap­ing out of a third floor win­dow in an frantic attempt to escape tor­ture at the hands of the IRA.  As he says:

Who would put their lives on the line nowadays when they can read what hap­pens to those who did?”, McGart­land says. “I can’t go home and the IRA are sup­posed to be a former ter­ror­ist group. Nobody is hunt­ing down my attack­ers and nobody in author­ity seems to care. That has a dir­ect impact on recruit­ing agents.…”

Denis_DonaldsonThe most egre­gious case is of Denis Don­ald­son, Sinn Féin’s Head of Admin­is­tra­tion at Stor­mont in North­ern Ire­land who was outed as a MI5 and police spy by Gerry Adams in 2006.  He was bru­tally murdered a few months later, allegedly by the Real IRA, hav­ing received little pro­tec­tion or sup­port from his erstwhile spook handlers.

So who is really more likely expose cur­rent agents to the risk of psy­cho­lo­gic­al dam­age, tor­ture and death, or to deter future agents from volun­teer­ing to work with the secur­ity forces?  Prin­cipled whis­tleblowers who expose crime and incom­pet­ence with due care for pro­tect­ing real secrets, or the spooks who take a cava­lier approach to the pas­tor­al care of their agents, and then hang them out to dry once their use­ful­ness is at an end?

Alleged Wikileaks source, Bradley Manning, faces the death penalty

Bradley_manningAlleged Wikileaks source US Private Brad­ley Man­ning is now charged with “aid­ing the enemy”, amongst a bewil­der­ing array of 22 new charges.  This is appar­ently a cap­it­al offence, although the US mil­it­ary has cosily said that they would­n’t push for this bar­bar­ic sentence.

So just life without the hope of parole then.….

Put­ting aide the minor ques­tion of wheth­er the USA should even be entitled to call itself a mod­ern demo­cracy when it still has the death pen­alty on its books, let’s just remind ourselves of what Man­ning is alleged to have revealed: the “Col­lat­er­al Murder” mil­it­ary shoot-up, where inno­cent chil­dren, civil­ians and journ­al­ists were gunned down by US forces in a par­tic­u­larly nasty snuff video game that was then delib­er­ately covered up by the Pentagon for years; many oth­er hein­ous war crimes and records of daily bru­tal­ity in Afgh­anistan and Iraq; and an “embar­rass de richesses” of dip­lo­mat­ic cables.

I think “embar­rass” is the key word here, on so many levels, and goes a long way to explain­ing the USA’s des­per­a­tion to des­troy Wikileaks founder, Juli­an Assange, by any means necessary.

But the phrase from the list of charges against the hap­less Man­ning that leaps out at me is “aid­ing the enemy”.  If — and it’s still a big leg­al if — Man­ning was indeed the source of all this cru­cial inform­a­tion, whom was he actu­ally aiding?

Inform­a­tion that has appeared on Wikileaks over the last few years has been eclect­ic, inter­na­tion­al and very much in the pub­lic interest.  It’s covered such nas­ties as Trafigura, the BNP, Sci­ento­logy, Cli­mateg­ate, Guantanamo, the Aus­trali­an inter­net black­list, Sarah Pal­in, and much more.

It’s cer­tainly not just restric­ted to the inform­a­tion that hit the head­lines last year about the US hege­mony.  How­ever, there is no doubt that it was the release of the Afghan, Iraq and dip­lo­mat­ic files that stirred up this par­tic­u­larly unpleas­ant hor­nets’ nest.

As glob­al cit­izens I would sug­gest that we have every right to know what is done in our name. But, hav­ing said that, accord­ing to these new charges against poor Brad­ley Man­ning, the bene­fi­ciar­ies of Wikileaks — ie all of us —  have now become the enemy.

When did we, the people, the glob­al cit­izenry, become the enemy?  It seems that our esteemed rulers are at last show­ing their true colours.…

On that note, do have a look at this video of former MI6 chief, Sir Richard Dear­love, speak­ing recently at the Cam­bridge Uni­on Soci­ety.  An inter­est­ing per­spect­ive on the Brit­ish Estab­lish­ment’s line on Wikileaks and Juli­an Assange: