Category: Dissenter Featured

  • WikiLeaks founder Julian Assange and his legal team believe that Assange may be extradited to the United States before the end of summer.

    It is unfortunately time for us to prepare for court proceedings, and so far, you came through for us marvelously.

    I am so grateful to our readers for exceeding our goal of raising $1,000 to support my coverage of Assange’s U.S. court proceedings. You raised over $3,000.

    Now that we have plenty to cover the costs of traveling to Alexandria, Virginia, if Assange is arraigned, let’s build on this momentum and raise our goal to support our coverage going forward.

    Donate $50 to help us reach $5,000 and establish an independent journalism fund that will ensure I am at any US proceedings that are convened in 2023.

    We know the prestige media won’t do this case justice, so it’s important to have independent media like Shadowproof there to give it the attention it deserves.

    But each reporting trip will require Shadowproof to spend money on airfare ($400 round trip), taxi or Uber/Lyft rides ($150+), and food and incidental expenses ($150+). We also may need to pay for lodging, which can run over $100 a night.

    The bigger our budget, the easier it will be for us to plan our travel and coverage—including collaborating with other reporters to produce the most robust reporting on Assange’s prosecution possible. 

    Can you help me cover the costs of regularly traveling to Alexandria, Virginia, to report on the next chapter in a prosecution by the United States that puts all journalists at risk?

    I have reported extensively on the Assange case since 2010. This year, I published Guilty of Journalism: The Political Case Against Julian Assange to help the public understand the stakes of this case.

    In recent years, donors like you have funded my work on this case as I provided live court updates from London and published detailed articles for subscribers of Shadowproof’s newsletter The Dissenter

    I earned recognition in 2013 from PBS FRONTLINE for my journalism on the military court-martial against Chelsea Manning.

    Andrew Cockburn, DC editor for Harper’s Magazine, praised my reporting on Assange while critiquing the prestige media for their lack of coverage and interest in this unprecedented case.

    Can you chip in $25 and ensure I am in court to document the initial phase of US proceedings against Assange? 

    The post What’s Next In The Julian Assange Case appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at Ongoing History of Protest Music

    John Wayne slaughtered our Indian brothers
    Burned their villages and raped their mothers
    Now he has given them a white man’s lord
    ‘Live by this, or die by my sword!’


    These are lyrics from “John Wayne Was A Nazi” a scathing tune by hardcore pioneers MDC. The single was originally released a year after Wayne’s death in 1980 when they were known as The Stains. After changing their name, it appeared on their 1982 debut album “Millions Of Dead Cops.”

    The song challenged the celebrated actor for his bigotry and role in helping to prop up an oppressive colonial system. It referred to his movies that often portrayed Wayne as a heroic cowboy fighting against the villainous Native Americans.

    Wayne’s film portrayals weren’t far off from his real-world views. For example, in a 1972 Playboy interview, Wayne said: “I don’t feel we did wrong in taking this great country away from them, if that’s what you’re asking. Our so-called stealing of this country from them was just a matter of survival.”

    “There were great numbers of people who needed new land, and the Indians were selfishly trying to keep it for themselves.”

    Elsewhere in the interview, Wayne also stated “I believe in white supremacy until the blacks are educated to a point of responsibility. I don’t believe in giving authority and positions of leadership and judgment to irresponsible people.”

    It is no wonder that the song declares, “When I see John, I’m ashamed to be white.”

    Recently, Canadian hardcore band Fucked Up and Indigenous EDM act Halluci Nation reworked the tune.

    Halluci Nation’s Ehren “Bear Witness” Thomas declared, “The song has been with me since high school. The song and MDC have stuck with me over the years. It’s got rage to it and that message, but I love that there’s a dark humor to it as well. It really fits in with the way we make music and visuals, with the message that we try to put forward about confronting one-dimensional misrepresentations of indigenous people in the media. John Wayne becomes a stand-in for the entire colonial project.”

    “For me, it’s like this: you watch The Searchers in school, and John Wayne is presented very much as an iconic North American type of figure,” added Fucked Up vocalist Damian Abraham. “As a young punk kid hearing this song for the first time, it did change the way I looked at him — it subverted it to where all of a sudden the hero is the villain, and you can see what’s going on in pop culture.”

    “As a young punk kid, this song was one of the first that showed the cracks in that veneer.”

    Exposing those cracks is an important step in tearing down oppressive colonial systems and rebuilding an equitable society.

    Listen to “John Wayne Was A Nazi” By Fucked Up & The Halluci Nation:

    The post Protest Song Of The Week: ‘John Wayne Was a Nazi’ By Fucked Up & The Halluci Nation appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at Ongoing History of Protest Music

    Founded in 1911, the Alabama Industrial School for Negro Children was a juvenile correctional facility in the Mount Meigs community near Montgomery, Alabama. The juvenile facility was notorious for the abuse inflicted on Black youth.

    As late as the 1960s, prisoners were forced to pick cotton from early morning to late evening, with physical and sexual abuse commonplace.

    “This was functionally a slave plantation,” concluded journalist Josie Duffy Rice, who researched the school’s history for a podcast series. 

    Among those who endured those horrors was 73-year-old acclaimed visual artist and avant-garde musician Lonnie Holley, who was arrested when he was 11.

    “I was like the Jungle Book child,” Holley shared in 2018. “I was cast away from society.”

    Years later those memories continue to haunt Holley to the point of experiencing night terrors. Holley tries to exorcize those past demons on the unsettling “Mount Meigs”, a stand-out track off his recently released fourth album “Oh Me Oh My.”

    Hearing Holley say, “They beat the curiosity out of me. They beat it out of me. They whooped it. They knocked it!” is jarring, but it properly confronts the dark past. Holley’s music does not whitewash history.

    Listen to Lonnie Holley’s “Mount Meigs”:


    The post Protest Song Of The Week: ‘Mount Meigs’ By Lonnie Holley appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at Disruption Lab

    Saturday, March 25 – 7pm CET (2pm ET)

    Featuring Stella Assange (Julian Assange’s wife, Lawyer, UK) and Kevin Gosztola (Journalist, Dissenter Newsletter Editor, US).

    Introduced and moderated by Stefania Maurizi (Investigative journalist, IT).

    As an introduction to the film Ithaka, this panel describes the pervasive surveillance, monitoring and personal control that has oppressed Julian Assange and WikiLeaks for more than ten years, and discusses the conditions around Assange’s incarceration at the Belmarsh high-security prison in the United Kingdom, where he has been imprisoned for four years, and faces indefinite detention, while the United States seeks his extradition to face a 175-year prison sentence. He is accused of receiving and publishing documents from Chelsea Manning which documented war crimes, extrajudicial killings and civilian casualties during the US occupations of Iraq and Afghanistan.

    The panel starts with a talk by Stella Assange, a human rights lawyer born in South Africa and one of the protagonists of the film Ithaka. In March 2022, she married Julian Assange with whom she has two children, born in 2017 and 2019. She joined Assange’s legal team in 2011. During the latter stages of Assange’s political asylum in the Ecuadorean embassy, Julian Assange, Stella, their infant child and WikiLeaks lawyers were targeted by illegal surveillance. The embassy has been described as ‘the most surveilled embassy in the world’ and a ‘type of prison’. Since his arrest in April 2019, Julian Assange has been kept under administrative detention in the UK’s harshest, most surveilled prison, Belmarsh prison, also known as Britain’s Guantanamo Bay. All this while not having been convicted of any crime.

    In his talk, Kevin Gosztola, journalist and Dissenter Newsletter editor, accounts for the role of U.S. national security agencies in targeting Julian Assange and WikiLeaks. He describes what is known about the CIA and the FBI’s roles in the prosecution. Through several examples, he shows the extensive lengths that those in the shadow government have gone to instil paranoia and fear among those in Assange’s inner circle, who represent him publicly and legally, and those who campaign for his freedom.

    The panel is opened and moderated by investigative journalist Stefania Maurizi. In light of her work on the WikiLeaks secret files since 2009, she reconstructs how Julian Assange and the WikiLeaks journalists unleashed a revolution not only in journalism, but also in the people’s right to know. Based on her 8-year-long trench warfare to unearth the truth on the Julian Assange and WikiLeaks case through FOIA litigation in UK, US, Australia and Sweden, she provides and dissects forensic evidence of the persecution of Assange and the WikiLeaks journalists.

    The post [LIVE PANEL] Targeted by Surveillance: Julian Assange, WikiLeaks & Networked Repression appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at Ongoing History of Protest Music

    Born Evan Pang, Aysanabee is a Canadian Indigenous multi-instrumentalist, producer, and singer-songwriter. He is Oji-Cree and began creating music under his mother’s maiden name in order to reclaim his family name.

    Aysanabee’s mother gave him the last name Pang because she felt that a non-Indigenous name would make it easier to find employment.

    His 2022 debut album Watin” was named after his grandfather. His grandfather was renamed from Watin to “Walter” by the McIntosh Residential School in northwestern Ontario that he was forced to attend.

    “Watin actually started out as a series of conversations between myself and my grandfather,” said Aysanabee. “We spent the first year of the pandemic talking about things we’ve never spoke about, his life on the trapline on Sandy Lake First Nation, falling in love, his life in residential school and then leaving everything behind..we never spoke of it until now. Even though we were over 1,000 kilometres apart, it was probably the closest we’ve ever been.”

    The album includes nine spoken word interludes featuring his grandfather, which add poignancy to the music.

    The opening interlude relates to Watin’s harrowing experiences in residential school: “Ya I was eight years when I went to Residential School. Somebody from outside, the government person, said ‘if you don’t send your kids out, you guys, we’re not going to help you.’ And so I went to school. We had no choice. It was 300 kids that went to school, and I used to cry. I was lonesome. I was wondering why I was sent here. And I didn’t know why. What did I do wrong?”

    One of the album’s highlights is the anthemic “We Were Here”. It opens with the potent lyrics, “They say that we can reconcile this. Put it in the past. They say that we can reconcile this. What if I can’t?”

    The song and album are all about reclamation in the face of “fading memories,” “fleeting stories,” and “disappearing words.” Even though there may be efforts to whitewash history, Aysanabee defiantly declares that “it’s in my blood.”

    The post Protest Song Of The Week: ‘We Were Here’ By Aysanabee appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter, a project of Shadowproof. Become a monthly paid subscriber to help us publish more independent journalism on whistleblowing.

    To further their nationwide efforts to restrict access to transgender health care, Republicans in the state of Missouri have deployed a former case worker at Washington University’s Transgender Center at St. Louis Children’s Hospital, who they claim is a whistleblower.

    There is no shortage of activists, journalists, academics, and people of conscience who have some story to share about the impact of the “Collateral Murder” video.

    The U.S. military footage of an Apache helicopter crew shooting indiscriminately at a dozen Iraqi civilians — including Reuters journalists Namir Noor Eldeen and Saeed Chmagh, and two young children — is widely recognized for exposing the true nature of the United States war in Iraq and for making WikiLeaks and Julian Assange household names.

    Three years before WikiLeaks made it possible for the public to watch this video, Dean Yates, Reuters bureau chief in Iraq, learned of its existence. Yates testified about the impact of the video at the Belmarsh Tribunal in Sydney, Australia on March 4, 2023.

    Later in the Tribunal, another delegate, Australian lawyer Bernard Collaery, called Yates’ testimony “admissible evidence,” which could serve as witness testimony in defense of Assange. (In fact, a statement from Yates was submitted to a British court during Assange’s extradition trial.)

    It has now been nearly 13 years since WikiLeaks published the video, and nearly 16 years since the attack took place. No one responsible for the attack or the invasion of Iraq has faced even a modicum of accountability.

    In contrast, Assange is languishing in Belmarsh Prison under torturous conditions. He sits in legal limbo while the United States continues to pursue his extradition under Espionage Act charges, in a case which poses an unprecedented threat to press freedom.

    While WikiLeaks’ publication of military documents from Iraq and Afghanistan are at the heart of the case, the “Collateral Murder” video is absent from the 18-count indictment that spans 37 pages.

    “The U.S. military usually didn’t investigate civilian casualties in Iraq. It did in this case because Namir and Saeed worked for a major international news organization,” Yates said as he started his speech.

    “I was shown—without advance warning—less than three minutes of footage from the gun-camera of Crazy Horse 1-8, up to where it opened fire for the first time. I was told the gunship then attacked a minivan because it was believed to be helping wounded insurgents and picking up weapons. U.S. forces had acted in accordance with the rules of engagement for Iraq, I was told.”

    Yates spent the next three years trying to convince the Pentagon to provide the full footage through the Freedom of Information Act, yet his effort was met with repeated refusals.

    Then, in 2010, WikiLeaks published the video. It immediately was clear that what the Pentagon had claimed was deceptive and dishonest.

    Screen shot from the “Collateral Murder” video

    “It was obvious why the U.S. government didn’t want to share the tape with Reuters,” Yates said. “It showed grainy figures on a Baghdad street. The hellish clack of Crazy Horse 1-8’s chain gun firing rounds the size of a small soft-drink bottle, the length of a man’s hand. Clouds of dust as those cannon shells crashed into men.”

    Yates further explained in his testimony that he highlighted sections of the indictment against Assange when the charges were announced. He concluded they were “an attempt to criminalize what journalists do,” and then Yates recalled something U.S. Army whistleblower Chelsea Manning explained at her court-martial.

    “After saving a copy of the tape, Ms. Manning told her court-martial that she searched for and found the ROEs, a 2007 flow chart outlining the chain of command for the use of force in Iraq and a laminated ‘ROE Card’ soldiers carried with them that summarized the rules,” Yates explained. “Then I got it. The U.S. government didn’t want the video in a courtroom. Too embarrassing.”

    “Potential war crimes. Cruel pilot banter. The U.S. military repeatedly lied about the events of July 12, 2007, in which my Iraq staff were killed.”

    Yates debunked, point-by-point, the lies in the original statement that the U.S. military put out justifying the attack, as well as the excuses U.S. Defense Secretary Robert Gates made following WikiLeaks’ publication of the footage. Yates emphasized that U.S. troops were well aware of the rules of engagement that they were violating, and despite this clear breach of rules, a U.S. military investigation cleared the pilots.

    The Pentagon engaged in a cover-up to try to keep the footage from ever seeing the light of day.

    Zoomed in screen shot from the “Collateral Murder” video

    “All this shows why the U.S. government didn’t put the tape in Assange’s indictment – that snapshot of the war would have exposed the hypocrisy of its case against him,” Yates said. “The breach of the ROEs, the blatant way the military ignored the wrongdoing and the extent senior military and civilian officials lied about it. Collateral Murder is so powerful because it is pure truth-telling. No military officials could deflect, sanitize, or provide ‘context.’”

    Yates finished his testimony by comparing the video to the Pulitzer Prize-winning photo taken by photojournalist Eddie Adams at the start of the Tet Offensive in the Vietnam War. The photo powerfully documented the casual execution of Nguyen Van Lem, and is credited for changing public perception of the war in Vietnam.

    The “Collateral Murder” video certainly impacted the public perception of the Iraq War. However, 20 years after the invasion of Iraq, many of the war’s architects have succeeded in memory-holing their crimes, lies, and abuses of power.

    Thanks to Assange and WikiLeaks, even if the criminals behind the war and occupation in Iraq never face any justice for their actions, this video will always be available to anyone who wants to know the truth about the conflict.

    The post US Still Trying To Bury ‘Collateral Murder’ Video That WikiLeaks Released appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter, a project of Shadowproof. Become a monthly paid subscriber to help us publish more independent journalism on whistleblowing.

    To further their nationwide efforts to restrict access to transgender health care, Republicans in the state of Missouri have deployed a former case worker at Washington University’s Transgender Center at St. Louis Children’s Hospital, who they claim is a whistleblower.

    Shadowproof and Project Censored present a conversation between Kevin Gosztola and Pentagon Papers whistleblower Daniel Ellsberg to mark the release of Kevin’s book, “Guilty of Journalism: The Political Case Against Julian Assange.”

    The book is available today, March 7, from Censored Press and Seven Stories Press. It is a crucial and compelling guide to the United States government’s case against the WikiLeaks founder and the implications for press freedom.

    “Kevin Gosztola is a rare journalist who understands the abominable threat that the case against Assange poses to press freedom,” says Daniel. “I rely on his indispensable reporting not only to stay informed about Assange, but also to follow developments in the wider war on whistleblowers.”

    Daniel has spent many decades sharing not only his experiences as a Nixon-era whistleblower but also showing support for fellow whistleblowers, who have faced similar attacks. He testified at the extradition trial against Assange in the United Kingdom in September 2020. He is also a board member for the Freedom of the Press Foundation.

    We thank Daniel for his generosity, and all the kindness he has shown to whistleblowers and independent journalists while standing up for peace and truth-telling.

    Below is the conversation between Kevin and Daniel on Guilty of Journalism.



    ***

    The following is a transcript of the conversation with minor edits for clarity.

    GOSZTOLA: We’re fast approaching the fourth anniversary of Julian Assange being thrown out of the Ecuador embassy and put into jail. Though we don’t have to get into all the details, especially given the life announcement you made recently, I just want to ask you about the passage of time as it applies to Julian Assange because it’s something that I think about as I follow this case.

    What I wrote about in my book, we’re talking about events that unfolded 13-14 years ago. The passage of time has usually factored into criminal cases. Sometimes it is weighed against hem when you’re considering bringing a case against a person. But Julian Assange has considered figures like Michael Ratner, who is no longer with us who was a really good human rights attorney who represented him, [as a mentor]. He’s lost Gavin MacFadyen, who was a figure in some way that he looked up to. So I’d like to get your view about what you consider most alarming about the fact that this keeps marching onward and doesn’t have a resolution yet.

    ELLSBERG: On the one hand, [the U.S. government] would be very happy to bring him to trial in Alexandria in particular, to extradite him and get him on trial, and with the expectation that in the post-9/11 world of law and attitude that he would be convicted. The Supreme Court has never yet ruled on the constitutionality of applying the Espionage Act to anyone other than a spy, who gives secret information to a foreign power generally with intent to harm the United States especially in wartime. That’s where it’s been used exclusively before my case in 1971.

    I was the first one tried as they said for a non-espionage case under the so-called Espionage Act. That’s not it’s official name, as you know. It’s 18 U.S.C. 793, especially paragraphs (d) and (e). As a non-lawyer—I’m not a lawyer I’m a defendant—that’s the one law I can trip off my tongue easily because I was the first non-spy, and they didn’t accuse me of being a spy. People misreported that often. But the [first] person who was not being charged with espionage to be charged under the act, and both paragraphs (d) and (e).

    [793(e)] is particularly for people who did not have authorized access to the material for which they were a source. I was an authorized person with the Pentagon Papers to have it, as was Chelsea Manning when she had access to the material that she gave over. That’s true in most of the cases that have been brought.

    It’s never been brought before against a journalist, as you know—and despite [former New York Times executive editor] Bill Keller’s despicable, I would say, allegation that he doesn’t recognize Julian Assange as a journalist. That’s partly due to the fact that most journalists do not really regard sources as part of the process.

    Journalism begins with the person I give it to, and the source is sort of, I’ve come to realize, is sort of like a policeman’s criminal informant, a snitch who disobeys the rules of his organization. If he’s in the mafia, he’s subject to death. Even if he’s not in the mafia, he’s a criminal. And he’s very, very useful to the policeman. [The police don’t] want to share him with any other police person because it’s useful information. He wants to build his career on that information, but he doesn’t really have much respect or concern.

    I will say that journalists do show a great deal of concern for concealing the identity of a source, and I’m sorry if I sound cynical here. I’m talking out of a good deal of experience of talking to whistleblowers other than myself. They don’t feel that journalists in the end have shown as much concern as they expected, often in the beginning.

    I actually don’t know a whistleblower who regrets what she or he has done. Even when they’ve almost all—you know them only when the law has entrapped them, not the anonymous ones. But I’ve talked to a lot of them. I’ve made it my effort to meet a lot of them because I identify with them, and I’ve been through the mill and I can give them some advice and reassurance and generally my admiration for what they’ve done. I’ve found that it’s very hard to find one who ends the process without great complaint against the journalist they’ve dealt with.

    This article was funded by paid subscribers of The Dissenter Newsletter, a project of Shadowproof. Become a monthly paid subscriber to help us publish more independent journalism on whistleblowing.

    To further their nationwide efforts to restrict access to transgender health care, Republicans in the state of Missouri have deployed a former case worker at Washington University’s Transgender Center at St. Louis Children’s Hospital, who they claim is a whistleblower.

    I don’t think that I’ve ever seen that before as a generalization, or even as a selective case. Because they don’t fight them. They’re happy that the material got out, as certainly I am for example. But they all are, they’re happy the material got out in nearly all cases. There’s a few where they didn’t really intend it. And they generally start out with a really friendly relationship with the journalist, and in some cases, certainly mine and others, you feel you’re part of a movement, say against war or nuclear weapons or invention or [for] the Constitution.

    You sort of assume that the journalist is on your side as a liberal. That’s who you’re dealing with. Or a progressive, even if their editors are not that liberal or progressive. But you sort of start out with the assumption—and they encourage this assumption—that we’re together on this somehow. We’re getting this out. It seems a very natural presumption. If people are against the war, they welcome the opportunity to put out some truth that might shorten it.

    But it turns out, as these people nearly all find out, that the concern either for keeping their identity, or how they present the materials, does not really extend to the source very much. They don’t really regard them as being on the same team as the source may originally mistakenly imagine.

    The Times Treated Assange In A Manner That Was Familiar

    Coming back to Assange, I perceived immediately that he was treated in a way very familiar to me by the Times, even terribly [and] contemptuously. Bill Keller may be in some ways that I don’t know a very fine person and a good journalist. From what I do know of him and his treatment of Chelsea Manning and Assange and others, he’s a horse’s ass, one of the jerks of the world. [chuckles] Elon Musk is revealing himself in those terms.  

    When Bill Keller says I don’t recognize him as a journalist and then he prints a [New York Magazine] story introducing the world to Julian Assange, which describes him as this unkempt character looking like a bag lady—Look, we’re talking about a computer guy who lives at night on his computer, pretty much. Or around the clock. He was originally a hacker, as some of the others. This is his life. So he didn’t look like a Times reporter, which I guess has some of the standards of J. Edgar Hoover’s FBI agents. And he smelled bad.

    Now, when was the last time you saw that described of anyone? Have you ever heard anyone described as smelling bad? This is a source. So Julian didn’t expect that kind of treatment. He was rather dismayed by it, and I had to say Julian. I could have told you what would come here.

    I haven’t ever publicized it at all. I can tell you why. But I was treated even worse than that by the New York Times Magazine section in a disastrous profile that was done of me, which was misleading in almost every paragraph. And I’ve never talked about that publicly.

    Why don’t any of the leakers or sources come out like me and criticize the dealing with the papers, or the papers as they see them? Because we want to get the word out. It’s got to be through a newspaper. No one wants to antagonize media. And like any profession, they don’t like criticism, even of their colleagues. Even if they don’t like those particular colleagues. It’s like lawyers and doctors. They don’t testify against each other, and they don’t like to hear it. You may want to get something else out, as certainly I did.

    I never wanted to antagonize the New York Times. As you know, I’m coming to a point here, where I don’t have to worry whether I antagonize the New York Times. So I will say, and I’m not going to go into details, my dealings with the New York Times were not less frustrating than those of Julian Assange and some of the others. I do think of that as a defect because of their craft. Because they could get an awful lot more information if they had more respect for sources, and if they probed for what’s there, which they generally don’t.

    Sometimes they do. Good investigative reporters, certainly, [like] Sy Hersh, who doesn’t try to maintain to government officials by dining with them, and playing tennis with them, and being part of their club, the officials club.

    “They Don’t Like Civil Disobedience”

    Let me get away from the relations with the sources to a more general point. It’s the kind of thing you cover, Kevin. I’ve often been asked, how do you weigh the way the press is doing compared to 1971 when they printed the Pentagon Papers? And I got more coverage than I could have dreamed of, that is the papers did. Because of the effort by Nixon and Attorney General Mitchell, disastrous to them, of trying to enjoin the New York Times. And then, when I gave it to the Post, they enjoined the Post. So I gave it to one paper after another.

    A friend of mine, Gar Alperovitz, who didn’t want to be known as a source until recently, a wonderful historian and scholar—He was very involved in this process for other reasons. I was inclined to put it all out. We didn’t have the web then, but to get it out before the FBI could make me stop it. He said no. I’ll give him credit for this. He said do it one at a time. He had worked for Congress. He says stretch it out. That will give more attention to it.

    The effect was there were four injunctions, and then they stopped because they simply realized they could not stop this. It eventually got to 17 newspapers I recall. The prosecution had to say we can’t stop this with injunctions. I remember the prosecutor saying it’s like trying to herd bees. They’re just out there.

    That was a glorious moment for the press, which they take almost no credit for. It was a wave of civil disobedience, which is what they were doing. Not one of them wanted to acknowledge that because they don’t like civil disobedience. They don’t get treated well; in particular, the New York Times.

    For instance, Abe Rosenthal, the managing editor of the New York Times, did a wonderful job getting this through and getting the documents in despite the fact that he supported the [Vietnam War]. I don’t give him credit for that, but I give him a lot of credit as a newsman for getting this stuff out despite the fact that it contradicted policies that he had supported.

    [chuckles] Okay, I’ll tell you something I’ve never said publicly. A friend of mine on the Times informed me that Abe Rosenthal hated me. What? How could that be? First, I’m an antiwar activist, and he didn’t respect any of them. He was for the war. So as an establishment person, he didn’t like the Berrigans. He didn’t like David Harris, and he didn’t like me.

    But more important than that, he was furious at me—I was told very authoritatively—because by revealing my identity to Walter Cronkite and otherwise while the FBI was searching for me, I had taken the attention away from the New York Times. It had become a Daniel Ellsberg story, to a considerable extent, instead of we have a anonymous source; a reason why I think they love their sources to be anonymous. Obviously, it’s for the benefit of the source to a large extent, but it turns out also for the press. They don’t have to share attention for their revelations [with] the source.

    I said to the person I was talking to that I had always made it clear to Neil Sheehan on the Times that if I was indicted, which was almost certain but not quite certain. I was not aware of any indictments, but I assumed there had been and that I just didn’t happen to be aware of them. But I assumed if there’s been so few that even I don’t know about them from being in the government for a decade, seeing a lot of leaks. They must have known the source in a number of those cases. Others they didn’t. But often they must have known who the source was, and [the Justice Department] didn’t seem to indict them, as far as I could see.

    I didn’t know that that was for constitutional reason. They felt they didn’t have a British-type Official Secrets Act. And they don’t. The British who didn’t have a war of independence, a revolution. And they do have a monarch who cannot impeached. He’s above the law. So we made some advances in terms of freedom and democracy in our war of independence. And because we don’t have, as you point out in your book right at the beginning—We do not have a British-type Official Secrets Act, which criminalizes any and all release of protected information that they don’t want out. Just [basically], did you do it?

    Now, that’s the way they’re using the Espionage Act since my case, and above all, by Obama, then Trump, and now Biden.

    ‘The Guardian As A Whole Doesn’t Look Good’

    GOSZTOLA: The media is something that I deal with in the book, and we wanted to make sure that we raised that Andrew Cockburn did this fantastic feature story for Harper’s Magazine called “Alternative Facts: How the media failed Julian Assange.” And he also incorporated some details from my book into the feature. He used it as a kind of guide to help him question and account for all the misrepresentations that the media, these news organizations particularly in the US but also at the Guardian, have engaged in collectively.

    A good example is David Leigh and even Nick Davies saying Julian Assange said that Afghan informants “deserve to die.” That was something that was quoted in a PBS FRONTLINE documentary. Der Spiegel journalists say he never expressed anything of that nature. It’s been used to defame Julian Assange.

    ELLSBERG: Let me say since you’ve just given that anecdote. I want to take advantage of this since this is one of my last late interviews in life. You may have noticed I’m using language that I really have never used before, and I’m criticizing the media in a way I was afraid to do like other sources. I don’t want to antagonize people that I might want to share stories eventually with, but that’s not going to go on.

    Okay, David Leigh and Nick Davies and the other people who said that, who with Luke Harding revealed the password that enabled these State Department cables to be released. They had done it in their book. But in their general attacks from the Guardian on this major source, I can identify David Leigh as another jerk, a real, real jerk.

    The Guardian as a whole doesn’t look good. Alan Rusbridger, the editor, pretty good at printing this stuff. But the people under him have an almost campaign against Julian. It’s bizarre. I don’t know, have to go into that. Very bad performance. I started to generalize, and I didn’t say it in my monologue here. People would ask me how the press is doing.

    I said there’s two ways to answer that. One is terribly but better than any other institution in our government structure. Look at the Supreme Court in recent years, Congress, the Democratic Party, the Republican Party. [chuckles] No use even talking about that now. So the press looks better than any of those. Another way of saying it is they’re better than any other institution but terribly. They’re doing terribly.

    What was it? Twenty years after the Pentagon Papers for the Gulf War, and then for the Iraq War. Each case they were as misled by the executive as willingly, as easily as Vietnam. There was no improvement there. Rightly so, the government has even found new ways to suppress truth in the press. But they go along with it pretty easily.

    How Do We Know They’ll Print It?

    GOSZTOLA: One of my favorite movies of all time, which is from the era of film-watching that you were doing. I remember in your Secrets book that you mention seeing “Butch Cassidy and the Sundance Kid with Howard Zinn. But another Robert Redford film that is quintessential to a conversation —

    ELLSBERG: Day of the Condor!

    GOSZTOLA: “Three Days of the Condor,” yes. And I want to say that question at the end, where we see the New York Times and the CIA company man asks, how do you know they’ll print it? I think that’s something that should enter our conversation here.

    ELLSBERG: How did he say it?

    GOSZTOLA: How do you know they’ll print it? That’s what the CIA man says to Robert Redford at the end. Because Robert Redford’s character Joe Turner says that he’s just blown the whistle on the underground assassination network inside the CIA, and he’s gone inside the New York Times building and he’s given [them] the allegations. And as he’s walking away, the CIA man—this is the Cliff Robertson character—looks at Robert Redford’s character and says—

    This is kind of him saying that you didn’t necessarily beat us because how do you know that the news media is going to publish your claims about our underground assassination network. We’ve talked about how the media demeans sources. They don’t want to share ownership. But we have countless examples in the last 20 years of journalists flat out not publishing material that was brought to their attention. And I think that’s something that we have to contemplate too in this case with Julian Assange and the way that the government has been able to go to war with WikiLeaks.

    Because what WikiLeaks did was publish material that probably the New York Times and the Washington Post would not have published, and it put them in the position where they had to deal with the fact that material they wouldn’t publish was now being shared by all of us and they didn’t want to have to deal with it in their newspapers.

    ELLSBERG: Good question. It brings me back to someone I was discussing a little earlier.  

    I remember “Three Days of the Condor.” My memory of the ending is that he looks up at the triangular building, the New York Times building, with the crawl that goes underneath. Isn’t that right? But I didn’t remember the question that you just mentioned, which is, how do you know they’re going to publish it?

    Well, they had just shown definite courage [it was 1975], as did the Washington Post and 17 other newspapers, who each of them defied the attorney general. He didn’t use the word treason, but he implied it. This is against the national security right at this moment. And the president was saying it. They said we’ve looked at it, not very long in some cases. They went with the New York Times example, which is why the New York Times is such an important place to put this. And they decided the attorney general was wrong. They didn’t agree that it endangered national security.

    Of course, I’m the good whistleblower now because 50 years later no one has ever found any way in which it endangered national security. By the way, Irwin Griswold, who represented the government in the civil case to enjoin the New York Times and the others, had said at the time it endangers national security. Years later, at a conference and in an op-ed in the Washington Post said I never saw any reason to believe that this endangered national security. It contradicted what he said before the Supreme Court, but then again he’s a lawyer and not a defense lawyer.

    ‘Let Me Tell You A Secret That I’ve Never Told’

    Can you be sure that they’ll print this stuff? Let me tell you a secret that I’ve never told. Why not? I’m not holding anything back now, and you’ll see why I was reluctant before.

    A year ago, just about exactly a year ago, I gave the New York Times and Charlie Savage a 350-page study by my old colleague Morton Halperin, who had done a top secret study for the Rand Corporation. Two-thirds of it had been declassified, but a third of it was still classified. And it had to do with the nuclear threats we had made and were ready to carry out to protect Taiwan from Chinese assault and even the offshore islands, a mile and a half from the mainland, which they regarded as part of the defense of Taiwan.

    The Economist had just had a piece on the cover showing Taiwan with cross-hairs on it. It said it’s the most dangerous place in the world. So I wanted to reveal to the American public—I think it the study was done in 1964, 1966, more than half a century ago. It’s time for people to know that we thought it then. Taiwan was worth blowing up the world, starting a nuclear event.

    Eisenhower expected, he said, in secret communications, the part that he had not declassified—He expected the Russians to respond with nuclear attacks. Which would mean, as I knew having worked on the war plans in 1961, in the Eisenhower period, even a non-nuclear attack on American forces, and we had American forces in Taiwan. Any attack would call for an all-out attack on Russia or the Soviet Union and China.

    What he was saying was if this blockade on the offshore islands and we can’t break it just by going through it if they’re shelling our ships, we’re going to do something that begins the process of destroying the northern hemisphere. They didn’t know about nuclear winter then, which would also take out the southern hemisphere. Okay, so I release that to the New York Times, and of course, revealed myself as the source. Charlie Savage did a good story on this.

    I said I would welcome, and I was younger then but not a lot younger, a year younger. I was 91. So I said I would be glad to prosecuted on this because I’m not going to bargain plea. The others have pled bargains in almost every case to get only 30 or 40 months in prisons or 55 or something like that. Rather than a life sentence, and I’d been charged with what amounted to a life sentence, 115 years. Julian is facing 175 years, but in both cases, that’s basically a life sentence.

    But I said a life sentence to me doesn’t mean what it used to mean 50 years ago. I wasn’t ready to face that then, but a life sentence isn’t going to weigh on me too heavily. I’m 91. No prosecution for this.

    Alright, so what I hadn’t told Charlie. I’ll now reveal it. I hope he doesn’t mind too much. I hadn’t told him because I thought it might deter him from this scoop—That I had given this study when it was all top secret to Tom Wicker of the New York Times, a friend of mine, wonderful journalist. I think he’s probably a Pulitzer Prize winner. I think he was head then of the Washington office. I’m not sure. But I gave it to him on my way to give to Japanese political parties.

    I put it out in Japan. I had a press conference. Never talked about this publicly. Every party was represented except the main party. The liberals control them. It’s essentially a one-party state but has a lot of other parties under it. So they were all there, and I put this on the table. I said you should know that Japan was very explicitly in this study a hostage, would be treated as a nuclear target if we started a nuclear war—for one thing because all of our warships had nuclear weapons in Japanese harbor, which the public didn’t know and their government denied.

    We had American bases there. Planes would be coming off from Japan. So I thought the Japanese public deserved to know that the president was secretly endangering them at this time.

    Then, on my way to Japan I thought, better if I make sure that the Americans have this before I give it to foreigners. So, on my way to Japan, I duck in to Washington, and I give this Tom Wicker. None of it ever appeared. So what Charlie Savage revealed last year had been in the hands of the New York Times—this would have been something like ’82. That’s 40 years ago.

    I thought if I mentioned that they had it and chose not to run it then that might discourage him. He might look a little deeper into whether he should run it now. I can understand that. So I didn’t mention it to him. I didn’t lie, but I didn’t reveal that particular part of the past.

    I also thought it’s going to be hard for them. Frankly, they can prosecute me. But I’ve got a pretty good case here because they know perfectly well that I gave this to these parties in Japan, and the Japanese have an ability—It was in a parliament building, the Diet Building. They use their regular Diet stenographers, or translators. They translate it into Japanese almost overnight. It’s like the congressional record. So it was available in Japan. This top secret study.

    An International Herald Tribune reporter was at this press conference, and I’ve forgotten his name. He writes a long story about what I said to the press, which had a lot to do with Taiwan, other things about our relations to Japan. I told them a lot of things. And he didn’t mention that I put an explicitly top secret study on the table in front of these people, who immediately copied it. It’s not in the story, and it’s a long story.

    There could only have been a phone call from somebody who said that’s top secret. Don’t run it. Must have checked it with somebody. It’s not mentioned. It was never mentioned in the press in the U.S. that I had done this. So I didn’t get prosecuted that time. This was after the Pentagon Papers.

    Criminalizing Journalists For Protecting Their Sources


    GOSZTOLA: One last question and then we will end this interview. I want to first bring up the fact that since you mentioned Edward Snowden we should raise the matter of how the third indictment against Julian Assange incorporated the support that WikiLeaks provided to Edward Snowden as a source—

    ELLSBERG: Oh, I’m not sure I knew that. Hmm.

    GOSZTOLA: Yes, it’s in there. In June 2020, they criminalized WikiLeaks for sending Sarah Harrison to Hong Kong to help Edward Snowden. And of course, we know the story. He gets stuck in the Moscow airport because his passport revoked. I wonder if you could draw a parallel to Pentagon Papers. You disclose them to journalists, and if any journalists had been accused of helping you evade the FBI, would they have been legally liable if we’re going to apply the way the Justice Department is pursuing Assange now?

    ELLSBERG: As I discussed with Charlie Savage at the time, just to make sure this is all clear, there is no question that he and the Times editors, who approve this, and the secretaries who dealt with it on the Times, were as indictable as I was under the plain language of the act, which needs to be amended in various ways. Which has been proposed by the way by Rashida Tlaib, a different version from Tulsi Gabbard’s earlier.

    Savage is as indictable. That’s the way it is, and the publisher, yes. [DOJ] have until now refrained naturally from taking on the New York Times, and for a lot of reasons. I’ll just mention one. Carl Bernstein wrote a long piece in Rolling Stone. Why in Rolling Stone? He couldn’t get it published anywhere else, and it was a long piece about CIA dealings with journalists in which he said 500 journalists had aided the CIA knowingly. I think 500 had security clearances or non-disclosure agreements, which would seem to compromise them as journalists significantly.

    [Note: According to Bernstein’s report, the CIA had dealt with 400 journalists. At least 200 had signed agreements or some form of a contract.]

    View Post

    Bernstein said their number one asset was the New York Times for getting out information. Conceal this, and we’ll give you that. I could give you many examples, but we’ve been going on for a long time. And that’s true for the Times of course.

    The CIA did not want to take on the Times, even though it does expose things infrequently that they don’t want out. But that just enhances the credibility of the Times from the government’s point of view, when the New York Times is doing their job. [chuckles] They’re doing it about one-tenth of the time to the extent that they should be doing it, and from the government’s point of view, we’ll accept and we won’t prosecute these people for embarrassing us occasionally.

    As long as they’ll align ourselves with us, as long as they won’t put out the surveillance story for a year with [Thomas] Tamm [on NSA warrantless wiretapping]. We need that. So they don’t prosecute them—yet. And yet it has been true for a half a century. Some day, and the ACLU predicted that it would be trump who would indict a journalist, which Obama who had indicted more sources than anyone else—you go into why.

    You tell a little bit more why [in your book]. It’s always puzzled me. How did he get in that position? Well, he hated leaks. Well, all presidents hate leaks. Why was it under him that there were so many prosecutions? I was learning from that at midnight last night from your book, reading it.

    Trump didn’t care about that, of course. He didn’t even like the New York Times. Didn’t he call it the failing New York Times? He hated the Washington Post even more. As you mention in the book, there was an earlier effort by Nixon to prosecute the New York Times. That grand jury was dismissed before bringing indictments apparently because those people had been overheard illegally without a warrant, as I had, Noam Chomsky, Howard Zinn, Richard Falk, my friends. They didn’t get indicted then because almost surely they asked, have I been overheard?

    Now it’s against Assange, and if Assange is convicted, if he is extradited and convicted, every journalist in the world has an x on their back, a laser target for if they print anything that is classified of the one hundred percent that is classified. Of which, five percent should be classified. Five percent is a lot, but 95 percent is even more. Say it’s a few years old.

    The Charlie Savage case is 50 years old. I was looking forward to arguing in court. This is before I knew that my life would be shorter than I had expected. But I was looking forward to going to court and saying, do you really think it’s going to endanger national security? To put out information that is 50 years old? Now granted, it is very current. There is a crisis going on about Taiwan. I’m not sure I could have prevailed.

    It does affect U.S. policy with respect to Taiwan, right now. That’s why I put it out. Still I would like to see them argue explicitly in court that they must protect a policy of readiness and threat to blow up the world to hold on to Taiwan, which I think would not look a lot better than Putin’s monstrous threats to blow up the world to protect Crimea, his hold in Crimea and the Donbas, which he has defined as Russia.

    Now why isn’t he being denounced? That’s an unconscionable threat, immoral and insane, which it is. Well, because NATO has been making that threat for 70 years and is still doing that. Not very actively because we now have a conventional non-nuclear superiority to the Russians.

    [cell phone ring interrupts]

    The Warsaw Pact has changed sides, and is now in NATO. We have a huge superiority. Though we don’t need nuclear threats, they can’t denounce Putin for making these insane threats to take an insane action to initiate a nuclear war because it’s their policy. Biden needs that threat for Taiwan, where we don’t have conventional superiority in that region.

    Now, do you have to threaten nuclear war to keep the Chinese from invading? No, I don’t think so. Even Putin—well, Putin may feel he has to threaten that to hold on to the Donbas against American intervention, if we intervene directly. If we do intervene directly, he will say to hold on to this part of Russia, whose existence is threatened—the Crimea, the Donbas, or Zaporizhzhia—we can do that against Ukrainians. Against American pilots directly, not so clearly. That’s where I fear he would carry out his threats to carry out a small nuclear war, which has of course every risk. You would hope not, but every risk of causing nuclear winter.

    ‘We Have Only A Small Chance’

    I’ll say right now. Anyone in the government, in the Russian government—A citizen can’t even object to this without getting imprisoned and in many cases tortured, like Navalny, in Russia. That’s not true here. So people who object to his policy can say you should not be threatening or preparing to blow the world up. That’s a shorthand for it doesn’t kill everybody, but 90-98 percent yes—from the smoke in the stratosphere that shuts out all the sunlight and destroys all the harvests.

    No nation in the world should accept without the utmost condemnation and resistance. If anyone, as I have said before in other occasions, any American I’ll speak to, but this is just as true in any other country—some of which the dangers of doing what I’m saying are much greater.

    Anybody who knows that the public and the world is being lied to by their officials or that preparations are being made that may well be carried out to cause nuclear winter or to initiate nuclear war. Of course, a Russian who knows that now or someone in the U.S. who knows that about Taiwan should consider at any cost personally to tell the truth that may avert a nuclear war, or any kind of war, actually.

    I can’t say they should individually do it, but if they think, they should consider doing it, what I wish I had done earlier in 1964 or ’61, when I had top secret information or access to it that could have averted the Vietnam War. Of course, I should have put that out earlier. So I say don’t do what I did. Don’t wait til the bombs are actually falling. And get it out. Get it to the New York Times, if they’ll print the documents. Get it to El Pais, Der Spiegel, even the Guardian. [chuckles] They behaved so badly with respect to Assange. Don’t expect respect or concern from the Guardian or these others, or the Times. That’s not an issue.

    It’s not a question of whether you should be called names, which have kept Democrats from opposing wars for generations here; not only Vietnam but all the others. That’s not a sufficient reason for not telling the truth. So people should have the moral courage that our soldiers routinely exhibit in combat with respect to their lives. But it’s very rare to find an official who will risk her or his career, or clearance or access. Or re-election or any of this. Unless there is more moral courage in the press, in Congress, and in the military than we’ve seen in the past, I don’t think we’ll survive the consequences of climate change or avoiding nuclear war. Everything depends on it.

    Even a small chance of affecting the ripping apart of the Constitution, as in Snowden’s case, or of ending a war and avoiding a war’s worth of lives at stake, of course it’s worth any personal cost to consider, and to do it. We have only a small chance, but everything is at stake. It’s worth pursuing it.

    You’re in a potentially noble confession, Kevin. And you didn’t mention in this excellent article in Harper’s by Andrew Cockburn, who is terrific on the question of the military industrial-complex and on how the media failed Julian Assange, terrific article—You naturally didn’t mention that you were the single investigative journalist who is singled out by name in your book and in your reporting for having covered this properly, courageously, and meticulously and so, I give you that tribute too just as Andrew does. And I think others will avail themselves of your information in your book.

    GOSZTOLA: Let’s end there, Dan. I really appreciate your time, and I thank you again for the endorsement that you gave to the book. I wish you the best. You seem like you’re at peace, and I’m very happy for you.

    ELLSBERG: Well, the world is not at peace. But we’re doing what we can.

    GOSZTOLA: John Shipton, Julian Assange’s father, calls it the difficulty of destiny. This is what is chronicled in the film that’s touring the country right now in the United States. That Julian Assange’s brother [Gabriel Shipton] produced. I’m just mentioning it and plugging it in addition to my book because there are screenings that people who watch this stream or broadcast will be able to go see in different locations.

    But the difficulty of destiny. Not the idea that an individual can be a hero and change the world but the idea that people who are trapped in these predicaments, in these circumstances, have to struggle and try to transform it. These Belmarsh tribunals that we participated in, rallies, the pressuring of Congress people. We’re all trapped in these predicaments, and it’s all up to us to try and transform it.

    Thank you very much, Dan.

    ELLSBERG: Thank you for the chance.

    The post A Conversation With Dan Ellsberg On Assange And The State Of Journalism appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • In a word, the ongoing union organizing drive that has swept the coffee giant Starbucks can be described as ‘unprecedented.’ Never before has a mass unionization effort of this magnitude gripped a fast food company in the United States. The humble origins of the barista-led Starbucks Workers United can be found in the Rust Belt city of Buffalo. It is there where the nation-wide unionization effort was publicly launched in August 2021. 

    As Starbucks Workers United (SBWU) expands from shop to shop, workers face an onslaught of union busting tactics from the company. Union fever continues to rapidly spread across the country as Starbucks workers at over 400 locations have filed petitions for union elections, with more planning to do so. 

    Starbucks’ response to these efforts came as no surprise to veteran union organizers and former baristas involved with a lesser-known and very different unionization effort at the company that took place years ago by the Industrial Workers of the World.

    Workers have won union elections at 291 stores and at two of the company’s three roastaries at the time of this writing. Those numbers are only expected to grow. There are 7,335 workers represented by SBWU at union stores.

    Starbucks barista Colter Chatriand got involved early in the organizing at his shop in Philadelphia. It kicked off “once Buffalo started to make the news,” he said. “And what that did for us was, when I would be talking to people or trying to start conversations with people, it was extremely easy to just be able to reference Buffalo.” 

    All eyes were on the three locations in Buffalo when the unthinkable happened: workers at two of the stores won their union elections, with tightly contested results at the third. Chatriand and other baristas were ecstatic. 

    Arjae Red was a barista and union organizer at SBWU’s flagship store in Buffalo. They were aware of the organizing going on before they were hired, and joined a union organizing committee shortly thereafter. It did not take too long for Red to see the writing on the wall for how the company treats its workers. 

    “They just basically lie. They’re like military recruiters. They say you’re going to get all these benefits when you come out and then you don’t have anything,” said Red. 

    Both Chatriand and Red have a similar background that propelled them to organize at Starbucks.

    In 2017, Chatriand was living in Butte, Montana, an old mining town with a deep history of labor militancy with the radical, anti-capitalist Industrial Workers of the World (IWW), popularly known as the Wobblies. Chatriand became enamored with the history of the union, and in particular with Wobbly organizer Frank Little. 

    “He was lynched by the bosses for his efforts to organize. He’s a local labor martyr in Butte,” Chatirand said. “It was the 100 year anniversary of his death when I moved up there. So that’s that part of what piqued my interest.”

    As he researched more about the history of the Wobblies, Chatriand learned that the union was still active in Butte. He joined the IWW and attended a workplace organizer training to learn how to form a union at his workplace.

    Chatriand moved to Philadelphia in 2019 and got a job working at Starbucks, but he had not yet fully put the knowledge he gained from the IWW union training to use. “I was kind of just keeping it in my back pocket,” he said.

    Arjae Red also joined the IWW around the same time that Chatriand did. They attended the same IWW training in Buffalo and made an attempt to organize at a factory where they worked.

    Their work intersected with a range of other left wing organizing around Black Lives Matter, LGBTQ justice, and socialist base-building. As a low-wage worker who saw the bigger picture of organizing, it made perfect sense for Red to get involved with the Starbucks campaign in its earlier, still underground, stages.

    Red noted that a number of organizers with SBWU, which is a part of an affiliate of Service Employees International Union (SEIU) known as Workers United, are also Wobblies. However, they were quick to point out that this cross-union activism represented only a small minority of SBWU activists. 

    “A lot of the people who are organizing at Starbucks right now are doing it for the first time,” said Red. “And a lot of them are not activists, they’re not people who were super political before. Many of them are people who are, for the first time, becoming politicized by the struggle.”

    THANK YOU FOR READING

    Shadowproof is paywall-free thanks to our supporters. If you appreciate our work, please donate or subscribe to keep us going.

    Donate

    When Wobblies Organized Starbucks 

    Both union activity and union busting are as old as the company itself.

    Although the Starbucks campaign is the most widespread unionization effort at the company in the U.S., it is not the first. The United Food and Commercial Workers (UFCW) represented about 120 workers at Starbucks before the union was decertified in 1992, the same year Schultz bought the company. 

    Major Starbucks unionization efforts—some more successful than others—have unfolded in Canada, Chile, and New Zealand

    It was not until 2004 that the first nation-wide, sustained IWW organizing campaign at Starbucks surfaced at a Starbucks storefront in New York City. Organizers named their newly formed union Starbucks Workers Union (SWU).

    When Wobblies filed for a union election with the National Labor Relations Board (NLRB), they received a rude awakening about the limitations of labor law in the U.S. The board determined that the bargaining unit would have to include every Starbucks location on the entire island of Manhattan. 

    At that time, powerful unions like SEIU and UFCW were not interested in organizing on such a scale in the fast food industry. It would be near impossible for a small, anti-capitalist union with a shoe-string budget to do it alone. Wobblies pulled their union election petition and adopted a strategy called “solidarity unionism,” which marked a return to their union’s roots.

    In practice, solidarity unionism took on many different approaches as the SWU spread across New York City and ultimately across the U.S. Rather than waiting to bargain for a union contract, and relying on union officers to represent workers off the shop floor in lengthy grievance procedures, Wobblies and their coworkers took direct action at work to address issues as they arose.

    “Solidarity unionism, to me, means staying up all hours of the night writing press releases, and having long meetings where you definitely bring snacks, and tease out strategy—strategy beyond, how do we get somebody to sign a card,” recounted Anja Witek, another former Starbucks Workers Union organizer who worked at a shop in Minneapolis. 

    In an echo of the sentiments outlined by long time labor and civil rights activist Staughton Lynd in his book, Labor Law for the Rank and Filer, Witek said that Wobblies did use labor law as a defensive tactic, but never as a guiding element of their strategy. 

    In 2009, Starbucks fired Witek’s coworker Azmera Mebrahtu, falsely accusing her of stealing $1,200 from the company. She said that the company’s firing of Mebrahtu, an Ethiopian immigrant, was racist, and she and other Wobblies picketed the store and organized other actions to pressure the company to rehire her. 

    “In the IWW, we say ‘direct action gets the goods,’” Witek said. “We filed an Unfair Labor Practice but it was the direct actions that got her job back. She didn’t have to wait for the law.”

    The most successful IWW Starbucks campaigns centered around wages. Union activists won three wage increases, or a 25 percent total increase, for baristas across New York City. This bump in pay spread in varied forms to other cities and states. 

    In a separate three-year-long battle, organizers won company recognition of Martin Luther King Jr. Day and time-and-a-half holiday pay for workers.

    “We’re not going to win this,” Locke recalled thinking while organizing around the holiday. “I was just depressed and bogged down. But everybody else on the organizing committee said ‘we still want to’ and we went with what the committee wanted.” 

    The IWW announced a march and Locke, who worked at Starbucks for nearly a decade and was one of the core organizers for seven years in New York City, was in disbelief when fellow union organizer Anja Witek texted him on MLK Day about the major win

    “I immediately looked up the employee manual, because they did digital updates all the time, and it had Martin Luther King Day listed as one of the holidays,” Locke said. Tears over that bitter victory streamed down his face.

    “Since 2013, we have gotten $1.3 million of additional money into the pockets of baristas across the country on Martin Luther King Day for paid holiday pay, as well as a paid day off for managers, which was a side effect,” said Locke. With pay increases and company growth, that initial dollar amount has increased over the years.

    “I have never been more proud of anything in my whole life,” Locke said of the union victory. “It’s really profound the way that that specific campaign touched a lot of baristas, the way that it mattered to them when they learned about the labor fights that Dr. King supported and fought for, and the fact that he was in support of unions.”

    King was a vocal backer of unions. His final act before his assassination in Memphis was supporting a mass strike of union sanitation workers. 

    According to Locke, at the union’s peak there were only “300 baristas nationwide organizing.” In New York City, he said there were about 200 SWU members and an additional 900 workers who took collective action but never officially joined the union. Wobblies organized at Starbucks in over a dozen states.

    A small-yet-committed group of union members were able to achieve victories.

    However, many union leaders were targeted and fired in the course of the campaign. There was constant turnover of workers, and organizers endured an incredible amount of mental and physical pain from the daily grind of working at Starbucks. Union leaders were burnt out.

    In the end, the company’s brutal union busting pushed the IWW campaign into oblivion. 

    The Workers United Campaign

    The IWW and Workers United – SEIU could not be more different unions. There is certainly some overlap between the two on the basics of organizing and talking to coworkers, but the differences in overall strategies and structures of both unions are night and day. 

    The IWW has always marched to the beat of a very different drum since its founding in 1905. While the dominant American Federation of Labor practiced a “pure and simple unionism” that focused exclusively on improvements to wages and working conditions under capitalism, but also actively excluded Black and Asian workers from union ranks, the IWW preached revolutionary socialist and anarchist ideas, militant industrial unionism, and practiced racial equality. 

    Because of their power to disrupt industry and their criticism of World War I, the IWW was brutally repressed by the U.S. government and nearly destroyed

    Today, the IWW in the U.S. and Canada has only about 9,000 members, but Wobblies contest that what the union lacks in numbers it makes up for in its unique approach to organizing: solidarity unionism that transcends industries and national borders, a refusal to get involved with electoral politics, and a grassroots directly-democratic structure. Wobblies still cling to their radical, anticapitalist ethos and were the first union to endorse Occupy Wall Street when it erupted in the streets of New York City in 2011.

    SEIU by contrast is the largest union in the U.S. and Canada, and boasts a membership of 2 million. While many unions in the U.S. have decreased in membership over the years from an anti-union onslaught, SEIU has been steadily growing and taking the lead in organizing nurses, service workers, janitors, and adjunct faculty. They were behind the Fight for 15 campaign to demand “15 dollars and a union” across the fast food industry, which resulted in widespread wage increases for fast food workers. 

    Their promise of a fast food workers union, at least at Starbucks, is finally coming to fruition. SEIU towers over the IWW in numbers and material gains, but it is a hierarchical, staff-driven organization that has deep ties to the Democratic Party. 

    There are plenty of reasons why the SBWU campaign under SEIU is taking off in ways that the IWW’s Starbucks Workers Union campaign never did. A significantly more favorable political atmosphere is one of them, which created fertile soil for SBWU to plant firm roots.

    Mass movements and protests like Occupy Wall Street, the Wisconsin Uprising, the Dakota Access Pipeline protests at Standing Rock, and Black Lives Matter, have all made a deep imprint on the landscape of organizing in the U.S.

    Rising income inequality, inflation, and the stresses specifically faced by service industry workers from the COVID-19 pandemic have also ripened conditions for organizing.

    There are legal forces behind SBWU’s boost, too. “I think the reason why this movement is so widespread is because the judge in Buffalo allowed [bargaining units and elections] to be on a store by store basis,” Chatriand said. “That was the ruling that took us by surprise.”

    “We were anticipating that the law was not going to be on our side, and that they would rule against us and in the favor of Starbucks,” he said. The favorable ruling has made the process of filing for union elections much easier. 

    Unlike other SEIU campaigns, SBWU only has a small handful of staffers who are assisting Starbucks baristas in their organizing. New baristas are constantly reaching out to Workers United expressing an interest in organizing but the organization lacks the staff necessary to provide deep support. By necessity, union leadership and staff have turned to empowering workers to learn the skills to become organizers, run their own campaigns, and bargain their own contracts. 

    The structure of SBWU, according to Arjae Red, is very democratic and run essentially by Starbucks baristas.

    “We don’t have the union staff speak for us, we just do it ourselves. And then we refer to them if we need advice,” said Red of Workers United staff.

    Organic worker-to-worker networking has developed across “a web of stores that are connected to each other,” Red shared. This includes baristas in Buffalo, Memphis, Phoenix, and other cities.

    Baristas also set up city-wide committees and regional networking structures to share resources and offer support.

    Chatriand sees this campaign as “very worker driven.” He believes that the past organizing at Starbucks “was too top heavy with the UFCW, and it was too bottom heavy with the IWW. But I think now with Workers United it’s finding some sort of middle ground where it’s kind of the best of both worlds.” 

    Tactically, Starbucks Workers United activists are not solely organizing around union elections.

    “There’s a lot of random little strikes that are being called, one day strikes, one day boycotts, weekend boycotts,” Red said. “As people get fired from stores, the stores are walking out. And this is not really something that we’re coordinating on a country wide scale, but our union still fully supports these autonomous strike actions.”  

    Workers are getting more bold with their actions as well.. At the Starbucks roastery in New York City, they walked off the job on October 25, 2022 over the health and safety concerns surrounding a bedbug infestation. The historic strike lasted 46 days, and workers won on several of their demands as a result. 

    In mid-December, baristas staged a three-day strike against unfair labor practices that involved over 1,000 workers and over 100 stores. Much of the work to pull off these actions came from baristas on the shop floor. 

    The strikes are building a foundation of confidence for the workers. The roastery workers released a statement when they ended their strike, stating, “We are excited to return to work, but we recognize that our fight as a unionized store has just begun… Our next step is to bargain a contract!”

    All eyes are on Buffalo to see what the first union contract will look like. 

    “We want to get a strong first contract so we put out a bargaining survey around the whole country and got a poll of what everybody wants,” Red explained as a member of the barista-led bargaining committee.

    The belief is that the first union contract that comes out of Buffalo will set a precedent, good or bad, for stores across the country. 

    ‘Starbucks Has Been Crushing Unions Since Day One’ 

    Starbucks Workers United has thus far weathered the storm of union busting, but given the severe anti-union history of Starbucks, there is no telling what lies in wait for the union. 

    “Starbucks has been crushing unions since day one,” said Arjae Red. Shortly after buying the six-store company in 1987, CEO Howard Schultz set his sights on the UFCW union membership at the company. 

    “He quickly stomped out the union,” Red explained. “Howard Schultz lied and told these unionized workers, if you decertify at your next vote, then you’ll maintain all your benefits, and we don’t need a union once we do the merger. And unfortunately, I guess they fell for it because they decertified.” 

    Starbucks has fostered a public image as a progressive company that champions racial justice, LGBTQ+ rights, and a variety of progressive causes. That image stands in stark contrast to the reality experienced by workers. 

    In 2020, a movement of Starbucks baristas emerged in Solidarity with the Black Lives Matter (BLM) movement. Baristas wore BLM buttons and face masks in support of the movement, but managers and the company pushed back against them. In a company-wide memo sent to baristas, management explicitly forbade workers from wearing anything in support of Black Lives Matter. Their justification for this was that this public display of support for the movement might incite  “agitators” to violence

    Public pressure in support of the workers mounted and the company conceded. They allowed workers to wear BLM buttons and masks, and created a company sponsored BLM tee shirt—a move that Red and other baristas called “tokenistic.”

    “What they’re doing is just using the struggles of marginalized people just to advertise,” Red said. “It’s just a way to make money.” 

    “They present themselves like their cafes are a safe space for LGBTQ+ people, people of color and all kinds of different people who need a place to go. The workers do a good job of trying to make that a reality, but the company, really, it’s not compatible. Many of their values and principles that they’ve claimed to have are totally contradictory to just the way that they run as a corporation.” 

    Red, who is queer and non-binary, said they were misgendered by managers “on a constant basis.” They want the company to “hold their managers to a higher standard” and “train them better.” 

    Liberte Locke faced an even deeper level of homophobia at the coffee chain. “Starbucks used my queerness heavily in the anti-organizing campaign,” said Locke, who identified as a queer woman when in the IWW, but has since transitioned.

    “It’s not untrue that Starbucks offers assistance with IVF, supports gay marriage, and has pretty extensive language that’s supportive of trans employees. But I feel like Starbucks knows too much, so they are able to use it against us,” he said.

    While Locke was organizing in New York, Starbucks replaced the store manager—a straight Puerto Rican woman—with a new manager, who, like Locke at that time, identified as a lesbian woman.

    “Starbucks took the basics of queerness and tried to make sure that I would identify with the person,” he said. “And then she did her job as an anti-union person of doing everything she could to appeal to that in me.”

    But the approach failed, and the manager was eventually fired.

    Several months later, Locke’s former manager asked to talk to him privately. “We met in the park for my lunch break. And she tells me, she says, ‘listen, everything you think is happening is happening. Everything you’re worried about, they’re actually doing.’”

    Locke was a primary target for Starbucks’ effort to bust the IWW, and the company attempted on multiple occasions to write him up over minor issues and fire him.

    Daniel Gross was one of the original IWW organizers at Starbucks, and one of the Wobblies who asked Locke to join the union in 2007.

    When the IWW initially filed for a union election, Gross “had a meeting with all these Starbucks lawyers and district managers and his lawyer, and they had offered him a certain amount of money in the 10s of 1000s to just quit Starbucks and never come back,” recalled Locke. Gross refused the bribe and kept organizing. 

    At a union picket in 2004, Gross and another union activist were singled out by the police and arrested. Starbucks fired Gross in 2006 in what he and other union members say was an attempt to destroy the organizing effort.

    In the years-long court battles that waged over Gross’s termination, and the thousands of documents that surfaced in discovery, it was revealed that Starbucks went so far as to send managers to follow Gross and other union members back to his home to spy on them.

    Meanwhile, Starbucks reserved its harsher actions for Black union organizers, many of whom were fired. 

    One Black union leader targeted by the company still leaves Locke with a feeling of deep unease. She was on the organizing committee with Locke at the 17th and Broadway Starbucks store. 

    “She was galvanizing everybody,” he said. “She got people to join the union and to take action.” Locke declined to give her full name out of concern over retaliation from Starbucks. 

    Locke said that, in early 2009, an irate customer threw a cup of coffee at the union leader, who responded by deflecting it. The customer was not hurt, but filed a complaint with Starbucks which then used the incident as justification to fire her. 

    According to Liberte Locke, the union leader, who was a single mother of three facing foreclosure, begged management not to fire her.

    “And then Starbucks said, ‘we won’t fire you, but only if you give us the names of everyone that’s in the union in the city that you’re aware of,’” Locke said. He claimed she was also asked to steal his notebook. “And she adamantly refused. And they fired her on the spot when she had no previous write-ups.”  

    The union was primed to take both legal and collective action, but the fired union leader never showed up. “We couldn’t get a hold of her. We couldn’t find her,” he said, and figured she was burnt out and afraid. 

    Liberte Locke did not hear from the fired union leader for two more years when he happened to run into her at another barista’s apartment. He was incredibly relieved to see her. What she told Locke made him speechless. 

    “She just told me: ‘I had to sign this stuff where I wasn’t allowed to talk to you, where I wasn’t allowed to talk to the IWW anymore. And I wasn’t allowed to go to the organizing trainings, or talk to the media, or talk to anything or they wouldn’t give me my house.’” 

    “Starbucks literally gave her a house in Queens,” Locke claimed. He repeated the words so as to let that reality sink in again years later. “They literally gave her a house.” 

    Ultimately, the company was successful in crushing the IWW Starbucks Workers Union through the use of threats, intimidation, targeted firings, spreading lies, bribing union activists, and spending millions of dollars in the process. The company has utilized some of these same tactics against the current SBWU campaign. Starbucks continues to target Black and other union activists of color, too. 

    On Martin Luther King Jr. Day, a group of Starbucks baristas in Memphis went public with their union. In a public statement, workers noted that they were doing so “in the city where [King] was killed while fighting for the right of sanitation workers to organize.” The workers urged Starbucks to “embrace Dr. King’s vision” and asked the company to not employ union-busting tactics. 

    Starbucks responded by firing the entire organizing committee, which was made up almost entirely of Black and Latino workers. 

    Although it is illegal in the U.S. for employers to fire workers for union activity, employers will find other justifications for doing so. Starbucks, for example, claims Memphis workers were fired for violating various company policies, which the union argues were arbitrarily enforced to target activists. Starbucks Workers United launched a national campaign to demand the “Memphis 7” be rehired. The campaign was ultimately successful. Last August, a federal judge ordered Starbucks to reinstate the fired workers.

    “Starbucks obviously doesn’t treat any of the organizers well, whether they’re Black or white, regardless of ethnicity,” said Red. “But they acted particularly viciously against Black organizers compared to the stores that have majority white organizing committees, for example, like in Buffalo.” 

    The NLRB issued a statement against Starbucks on April 22, stating Starbucks broke the law and fired the seven workers because they “joined or assisted the union and engaged in concerted activities, and to discourage employees from engaging in these activities.” 

    Another union leader, Leila Dalton, was fired from her store in Phoenix, AZ after a recording of her manager harassing her went viral. “She’s the only Black worker at her store. She’s 19 years old. And the company targeted her heavily, they were just non stop harassing her, trying to threaten and intimidate her. And they fired her,” said Arjae Red.

    Starbucks has used a variety of other tactics as well. Red said that, in the lead up to the union election at their Starbucks store in Buffalo, the company closed another local store that had a particularly anti-union reputation, sending much of its workforce over to Red’s store. 

    “Many of the votes that we had, in the end, were actually people that didn’t even work at our store. It was really obvious that Starbucks was trying to just stack the vote with people they thought would vote no,” said Red. They alleged some pro-union workers never received election ballots. The vote was 15-9 in favor of forming a union, and an additional 7 ballots were challenged.

    Starbucks also conducted a series of captive-audience meetings across the country, often shutting down stores for hours without public explanation. During the sessions, managers lied to the workers about the unionization effort and attempted to derail organizing. Union activists and supporters across the country also had their hours and benefits cut. 

    In April, Howard Schultz told store managers across the U.S. that he would review a plan to expand benefits for employees but exclude employees from stores that have undergone union elections from those same benefits.

    The union filed charges against Starbucks with the NLRB, saying that Schultz’s comments were illegal and a violation of the National Labor Relations Act.

    Arjae Red was not immune from retaliation. Over 100 barista union activists were fired across the country. Many more found themselves in a situation similar to Red’s. “The company slashed my hours and I was forced to look for options elsewhere,” they said. “I actually liked working at Starbucks and would’ve preferred to stay.” 

    On March 1 the NLRB finally made a ruling on multiple unfair labor practices filed by the union in Buffalo.

    In a scathing condemnation of Starbucks’ union-busting tactics in Buffalo, NLRB Administrative Law Judge Michael A. Rosas ruled in favor of the SBWU in a 218 page decision. The company must rehire and compensate union activists who were retaliated against, according to Rosas, and reopen stores that were closed in an effort to stymie the union drive.  

    ‘It’s Bigger Than Just Your Contract’

    If this history of organizing and union busting has anything to teach Starbucks Workers United, it is that the union will continue to face a torrent of attacks from the company. Baristas are bracing for this.

    The struggle ahead will be an arduous one, particularly so since the union’s goal is to bring every one of the 7,000 Starbucks locations across the United States into the union fold. And while the unionization effort has only spread to a few hundred locations so far, for now there appears to be no end in sight for the eagerness and tenacity of union baristas to keep building their union from coast to coast.

    Red said the next big fight for the union is over bargaining for a first union contract. Starbucks is dragging out the bargaining process, according to union activists. Workers are demanding an increase to wages and benefits, including a more robust health insurance plan and guaranteed hours.

    While the company does offer benefits to employees, including health insurance, and college tuition to Arizona State University online courses and programs, the company is notorious for cutting employees’ hours to disqualify them from receiving them.

    “The problem is that many of us, even people that have been at Starbucks for years and have been getting those benefits, they’re getting their hours slashed down to 5, 10, 15 hours a week,” which puts workers below the 20-hour-a-week minimum for eligibility. 

    Citing comments that Howard Schultz made during a Starbucks town hall meeting with employees in March 2022, Red noted that the CEO “has a class-wide perspective. He’s not just thinking about it in terms of his own company and his own money. He’s looking at the entire capitalist class under assault by the workers.”

    “I think if these corporations have a class-wide perspective, then the workers need to have a class-wide and international perspective, too,” said Arjae Red. “That’s something that I’ve been trying to point out to people, that this is bigger than just getting your store a contract or even just unionizing Starbucks as a company. We have to be linking up with Amazon workers, and other workers. We’ve got to be linking up with other left forces. It’s bigger than just your contract.”

    The post On The Long Road To Organizing A Starbucks Union appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • A few days after a massive power outage in North Carolina in early December, Margaret Killjoy shared a thread on preparedness in response to the outages. Alongside the usual emergency supplies like extra water, batteries, medicine, heat sources, and food, Killjoy noted something not usually included in preparedness toolkits: “organize against the far right so that they are less capable of shooting up power stations.”

    Killjoy, an author and musician who lives in the mountains of West Virginia, hosts the anarchist prepping podcast Live Like The World Is Dying. Since its creation just before the pandemic began, it has grown into a valuable and widely-accessed resource for people wondering how to deal with any number of emergencies in their communities. 

    The recent sabotages of power stations across the United States, along with increasing rates of climate-related infrastructure devastation, have prompted people to wonder: what do we do if the lights go out in our community? Killjoy says the answer is simple. We need to embrace preparedness culture.

    Alleged Right-Wing Attacks On Infrastructure

    The reasons behind the North Carolina power outage are still officially unknown, but some locals believe that it was part of a far-right protest against a drag show in nearby Southern Pines. (LGBTQ+ people in the area reported feeling a heightened sense of fear after the blackouts.) The outages are part of an uptick in targeting of energy infrastructure across the United States, responsibility for some of which has been taken by neo-Nazi and far-right groups.

    Killjoy says that intentional attacks on utilities infrastructure from fascist groups can be understood as “an accelerationist technique” and part of a far-right strategy of pushing society to a breaking point to encourage social collapse. In the vacuum and chaos, she says, these groups believe they can seize power.

    This isn’t the first time the idea has emerged in the United States; it’s practically a national playbook. Charles Manson’s Helter Skelter theory promoted social breakdown leading to a race war. In the wake of Hurricane Katrina, author and activist scott crow documented how gangs of white vigilantes were perpetrating racist violence amid the chaos. (Multiracial communities quickly organized to defend against the attacks, and the white supremacists went back underground.) Back in December 2020, a neo-Nazi-led plot to wreck the power grid was foiled in Colorado, and last year, Canadian and American white supremacists planned a mass murder that they hoped would start a race war.

    While Killjoy says it’s unlikely these tactics would succeed given how extreme they are and modern America’s tactical preference for systemic disenfranchisement over racist violence, the tenor and visibility of fascism in America via culture war attacks on marginalized communities suggests a need for heightened vigilance. 

    The Prepper in Pop Culture

    For decades, the pop culture archetype of the prepper has been colorfully right-wing and individualist: a paranoid, libertarian recluse stockpiling weapons, ammunition, and canned beans while waiting for some cataclysmic event. Killjoy says we’ve built up a “mythos of the loner who builds and hides in a bunker and eats camp food until their appendix bursts and they die.” In this scenario, virtually all other people are viewed as a threat because of either malicious intent or desperation for access to resources.

    This association has prevented people on the political left from engaging with preparedness culture, says Killjoy. “I think people are way too quick to give up cultural terrain to the right-wing,” she says. “People are way too quick to be like, ‘Oh, a right-wing person is interested in the following thing so I cannot be,’ instead of saying, ‘How is our take on this different?’”

    Killjoy says the popular portrayal of prepping has also led people to neglect the real and worsening conditions of emergency around us. “We tend as a society to look at preppers as people who are waiting for nuclear winter or zombies, but by and large preparedness is about responding to disaster, and disaster is happening, even just in the United States, always,” says Killjoy. “More people are starting to realize that they are less insulated from disaster than they grew up thinking that they are.”

    Individual and Community Preparedness

    Killjoy says that even more than a bug-out bag packed with survival supplies, the single most important thing someone could consider doing is knowing who their neighbors are. That could mean being friends with them, or just being cordial, but it could also mean marking which ones aren’t safe and who to avoid.

    “During times of disaster, each other are the main things that we have,” she says. “Knowing that ahead of time is at least as important as knowing where your secondary source of potable water is.”

    Similarly, Killjoy notes that halting the advance of the far-right is a communal task, not an individual one. That’s why community defense is as critical as personal defense. Personal defense, says Killjoy, includes those things that an individual does to keep themself safe. For Killjoy, who has been doxxed and threatened by the far-right, that includes a handgun and concealed carry permit. 

    Community defense is a larger and more difficult project, but also a potentially more effective one. Fascist movements often move to shut down cultural and social infrastructure, so when far-right mobs crash Pride rallies, Black churches, or abortion clinics, community organization is the only viable protection. Killjoy points to recent community defenses of drag shows, including large crowds of supporters flanked by allies open-carrying long rifles, as an example of community preparedness.

    Killjoy says that while the rifles demonstrate to armed far-right crowds that “we can’t be fucked with,” they’re just a small piece of community preparedness. There’s also keeping track of each other and what issues we’re dealing with—for example, threats from bigots or police harassment—alongside monitoring and exposing white supremacist groups organizing in your area.

    “Possibly nothing has been more effective at pulling the rug out from underneath far-right organizing in this country than exposing people for not just being a regular right-wing person, but a bonafide Nazi,” says Killjoy. “All of that falls under community defense.”

    Most right-wing prepping culture tends to depict the ideal survival situation as rural and isolated from other people, and while Killjoy lives rurally, she says urban and suburban spaces are at least as good for preparedness due to proximity to community and infrastructure.

    Prepping For The Worst

    Killjoy says that while society encourages a division between these things—the right insisting on the importance of the individual, the left on the importance of the community—they strengthen one another when both are tended to in prepping culture. When the pandemic hit, a friend of Killjoy’s had to caretake for an elderly person but couldn’t find any suitable masks. Killjoy had a supply of P100 masks for her earthquake preparedness kit, and shared them. 

    “Having resources available to you means you’re in a better place to help other people,” she says. “By being able to take care of ourselves, we’re able to require less from the mutual aid networks that we might build. By requiring less from those networks, we’re better able to help them.”

    It’s these qualities of prepping culture that Killjoy says move people toward engaging more deeply with their own lives and their communities. Acknowledging the stakes and what could happen will, ideally, push people to fight to avoid worst-case scenarios.

    “We can all wish things were like they used to be, but they’re not,” says Killjoy. “I think people are used to avoiding taking responsibility for what happens in the world, and assuming that experts will handle whatever the problem is. We’re all waiting for the government to save us, and I don’t believe that’s a rational way to survive any crisis. Any look at history shows that very clearly.”

    Attacks on power infrastructure and anti-LGBTQ+ hate both spiked in 2022, and while it’s possible those facts are coincidental, it might pay off in the long run to treat them as correlated. Killjoy says that after decades of comparable stability, people have grown accustomed to things working as they should. Prepping is a long term investment in making sure that when the lights go out, we’re ready to take care of ourselves and each other.

    The post Should The Left Embrace Preparedness Culture? appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Chris Hedges, longtime journalist and host of “The Chris Hedges Report,” had Shadowproof editor Kevin Gosztola on his show to discuss his book, Guilty of Journalism: The Political Case Against Julian Assange.

    The book can be pre-ordered from Seven Stories Press. It will be released on February 21.

    As Chris said in the introduction, “I think your book and Nils Melzer’s book are books I would recommend for people who don’t understand the case.”

    Chris and Kevin go issue by issue, like the book, which is not a chronology but a meticulously organized guide to all aspects of the United States government’s charges and allegations.

    Prior to the interview, one of the endorsements that Kevin received for his book came from Chris. “Kevin Gosztola has doggedly done what most of the press has not, cover in exacting detail the long persecution of Julian Assange and the judicial farce that passes for Julian’s trial.”

    You may have seen—or heard—this interview already. In two days, it has over 20,000 views and has been shared widely on social media and republished to several independent media sites.

    Thanks again to Chris Hedges and the crew at The Real News for giving Kevin a platform to share his book with a wide audience.

    Listen to the interview or watch the interview on YouTube:

    The post Kevin Gosztola On ‘The Chris Hedges Report’ appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of Shadowproof’s Dissenter Newsletter. Become a monthly paid subscriber to help us continue our independent journalism.

    The Central Intelligence Agency and former CIA director Mike Pompeo notified a federal court in New York that they intend to push for the dismissal of a lawsuit that alleges that they were involved in spying against attorneys and journalists who visited WikiLeaks founder Julian Assange in Ecuador’s London embassy.

    Both the CIA and Pompeo maintain that the “allegations in the complaint do not establish a violation of the Fourth Amendment [right to privacy].”

    In August 2022, four Americans who visited Assange in the embassy sued the CIA and Pompeo in his individual capacity: Margaret Ratner Kunstler, a civil rights activist and human rights attorney; Deborah Hrbek, a media lawyer, represented Assange or WikiLeaks; journalist John Goetz, who worked for Der Spiegel when the German media organization first partnered with WikiLeaks; and journalist Charles Glass, who wrote articles on Assange for The Intercept.

    The filed complaint alleged that as visitors Glass, Goetz, Hrbek, and Kunstler were required to “surrender” their electronic devices to employees of a private company called UC Global that was contracted to provide security for the embassy. What they did not know was that UC Global “copied the information stored on the devices” and allegedly shared the information with the CIA, and Pompeo allegedly authorized and approved the action.

    Security contractors required the attorneys and journalists to leave their devices with them, which contained “confidential and privileged information about their sources or clients.”

    On January 13, 2023, a letter [PDF] was filed in the United States Court for the Southern District of New York that laid out the CIA and Pompeo’s basic arguments for seeking dismissal of the lawsuit.

    The CIA and Pompeo maintain that the alleged acts detailed in the lawsuit involve “intelligence gathering and implicate national security.” They further insist that the alleged acts also “took place outside the United States.” Both of these factors supposedly prevent anyone from suing them for alleged misconduct.

    Since the CIA and Pompeo were sued under what is known as the “Bivens doctrine,” the CIA claims that it cannot be sued because the doctrine is only to be applied to “federal employees in their individual capacities, and any such claims are otherwise barred by sovereign immunity.”

    The allegations of privacy violations were not only submitted against the CIA and Pompeo but also UC Global and its director, David Morales. In Spain, Morales faces criminal charges for his role in targeting Assange, however, the United States Justice Department has hindered the investigation by issuing unreasonable demands to the court.

    A hearing in the case was already scheduled for February 21, and the government proposes that they discuss the motion to dismiss during those proceedings.

    Richard Roth, the lead attorney representing Americans who claims their privacy rights were violated, was frustrated. “[The government] was required to file a motion today and instead filed a letter, which is ineffective and weak.”

    Previously, he stated, “The United States Constitution shields American citizens from US government overreach even when the activities take place in a foreign embassy in a foreign country. Visitors who are lawyers, journalists and doctors frequently carry confidential information in their devices.”

    “They had a reasonable expectation that the security guards at the Ecuadorian embassy in London would not be US government spies charged with delivering copies of their electronics to the CIA,” Roth added.

    In 1971, a Supreme Court case known as Bivens created a process for bringing cases against federal government officials for violating a person’s constitutional rights. However, courts have been extremely reluctant to allow plaintiffs to pursue damages when a case may set a precedent or lead to a court intruding upon national security and foreign policy matters.

    Pompeo was summoned by the Spanish court to provide testimony back in June. It is unknown if he has acknowledged or rebuffed the court’s request.Reporting from the Spanish newspaper El País previously corroborated many of the claims in the complaint. Their journalism was based upon primary source materials shared by whistleblowing UC Global employees.

    In September 2021, Yahoo! News published a bombshell report on “secret war plans” against Assange that involved proposals for kidnapping and assassinating Assange after Pompeo became obsessed with the WikiLeaks founder following the media organization’s publication of CIA hacking materials, which became known as the “Vault 7” materials.

    Pompeo labeled WikiLeaks a “non-state hostile intelligence agency,” and in April 2017, he made it the focus of his first speech as CIA director. “The one thing [current] whistleblowers don’t need is a publisher,” since the internet already enables enough sharing of information, he proclaimed.

    Former CIA officer John Kiriakou, a whistleblower and known supporter of Assange, reacted, “What the CIA did to Julian Assange is in opposition to everything that we should stand for as Americans. On the other hand, and this is what’s wrong with our country, the Supreme Court has ruled that foreign nationals who are located abroad do not have Fourth Amendment protections.”

    Because the attorneys and journalists who brought this case against the CIA were visiting a foreign national, Kiriakou suggested the CIA might claim—if they even confirmed the agency’s involvement—that Americans’ privacy rights ended when they met with an intelligence target.

    The spying lawsuit is unrelated to the criminal charges and extradition case against Assange, which is in limbo as the High Court of Justice in the United Kingdom considers whether to grant Assange an appeal hearing.

    The post CIA Pushes For Dismissal Of Lawsuit Against Alleged Spying On Assange Visitors appeared first on Shadowproof.

  • *The following is a collection of some of the best albums of protest music released in 2022. They were selected by Kevin Gosztola and C.J. Baker, who publishes writing regularly at Ongoing History Of Protest Songs. They are in alphabetical order by artist.

    **Full playlist with each album on Spotify


    Ashenspire – Hostile Architecture

    Hailing from Glasgow in Scotland, the lads of Ashenspire make progressive metal for the working class that is grandiose and theatrical. The lyrics are largely delivered as spoken word over instruments that amplify the dark storytelling and agitation of the narrator.

    The story told, as the band puts it, is about “hostile architecture” under late capitalism, which refers to the “design elements in social spaces that deter the public from using the object for means unintended by the designer, e.g. anti-homeless spikes.” Each song draws inspiration from the post-industrial landscape of cities, “hauntological in nature,” that are so often unfit for housing due to cost-cutting.

    For example, the “Law of Asbestos” refers to the cancer-causing mineral that was incorporated into electrical insulation for many buildings, especially before the 1980s. Asbestos continues to kill hundreds of thousands of people each year. A metal-sounding saxophone accentuates Ashenspire’s rage: “A corner cut, a penny saved, Grenfell burns again and again and again!”—a reference to the Grenfell Tower fire that resulted in 72 deaths.

    “Tragic Heroin” has a kind of anthemic quality to it. At the end, Ashenspire proclaims: “Fueled with your labour. Built with your bones. There are no great men. Only the great many.”

    Then there’s the sprawling “Cable Street Again.” A tapestry of darkness percolates, sounding almost jazz-like in sections. Ashenspire warns the dispossessed and disposable human beings faced with hostile architecture that is part of the threat of fascism. “You cannot fix that which is working as intended.”

    In a final call to action, Ashenspire belts out, “Get down off the fence before the barbed wire goes up.”

    (Kevin Gosztola)

    Jake Blount – The New Faith

    Sometimes it is necessary to look to the past to learn about the future. That is the case with Jake Blount, a singer, multi-instrumentalist, and scholar whose stunning concept album weaves a compelling Afrofuturist narrative.

    The album’s premise is similar to Octavia Butler’s influential 1993 science fiction novel Parable of the Sower, an apocalyptic tale of Black American refugees struggling to survive ecological collapse.

    Blount reworks ten traditional Black spirituals, along with two original spoken word compositions, and imagines what Black religious music would sound like in a future ravaged by climate disruption. Three of the tracks feature rousing verses from rapper Demeanor.

    “Take Me To the Water,” a traditional hymn and first track on the album, morphs into an ominous prayer for those seeking to “be washed for the sins of humanity.” It is a call “to reject the greed of our forefathers,” who “melted the ice at the ends of the earth, drowned the coast, emptied the seas and forests of life, filled the very ocean with fire.”

    Not only does Blount prove he is a skillful musician, but in developing these themes throughout his album, he proves that he is also an archivist, historian, and prophet capable of sounding an alarm for humanity.

    (CJ Baker)

    Bob Vylan – Bob Vylan Presents The Price Of Life 

    UK grime-punk and hip hop duo Bob Vylan storm their way through a crash course on underclass survival in a capitalist world, where one’s life could be snuffed out at any moment without any remorse.

    “The BBC are talking about the GDP. That means fuck all to me,” Bob Vylan raps. “I gotta eat.”

    How the underclass lacks access and cannot afford healthy food is the subject of “Health is Wealth.” Bob Vylan states, “The killing of kids with £2 chicken and chips is a tactic of war waged on the poor.” But the damage done by junk food can also be self-inflicted, as the duo acknowledges, and the track develops into sound advice for eating right to survive.

    Take note of the album cover. It’s a dark and brilliant nod to the way society dupes people into believing they may escape poverty if they could just win the lottery. 

    Several of the songs incorporate thick guitar riffs to make the rhymes more potent. That’s especially true on “Phone Tap (Alexa),” a fierce assessment of the role that lower class people play in enabling a police state.

    Bob Vylan raps, “If somebody’s getting bodied, watch the ratings hit the roof. I was there, I was there, gather ’round and gather proof.” Then the cops come to the door, and the doorbell rings. “Our babies” are taken.

    Alexa, take me to prison,” the duo roars at the end of their gutting indictment.

    (Kevin Gosztola)

    Fantastic Negrito – White Jesus Black Problems 

    Xavier Amin Dphrepaulezz, who performs under the pseudonym Fantastic Negrito, recently discovered that his great-great-great-great-great-great-great-grandparents were a white Scottish servant named Elizabeth Gallimore and a black slave whose name has been erased in the annals of history. This lineage inspires Fantastic Negrito’s compelling concept album, which he released as a multimedia project with a companion film.

    The album reclaims the story of the courageous forgotten, as emphasized on the “Man with No Name.” It contains a galvanizing message of hope and perseverance, particularly as he sings, “I keep moving on.”


    “There’s a feeling out there right now that we can’t get anything done because we’re so polarized, so entrenched in our ideologies and unmoved by facts or logic, but I wanted to share this story because I think it smashes that narrative to pieces,” Fantastic Negrito shared. “I stand on the shoulders of my ancestors, both Black and white, who showed me that anything is possible.”

    

From the ugliness of injustice to the beauty of what can be gained in the struggle, Fantastic Negrito grapples with it all in his music. 



    (C.J. Baker)

    Ezra Furman – All Of Us Flames

    Ezra Furman breathes new life into a stale and largely heteronormative art form by incorporating themes of queerness into her timeless-sounding rock music. 
The album is the third in a trilogy of albums that includes 2018’s “Transangelic Exodus” and 2019’s “Twelve Nudes.”

    On “Book Of Our Love,” Furman expresses a desire to forever remember those who historically tend to have their identities erased. On “Lilac and Black,” Furman dreams of “my queer girl gang,” whose enemies will eventually “bow down before our wrath.”


    “It’s a queer album for the stage of life when you start to understand that you are not a lone wolf, but depend on finding your family, your people, how you work as part of a larger whole,” Furman declared. “I wanted to make songs for use by threatened communities, and particularly the ones I belong to: trans people and Jews.”

    Furman succeeds in crafting a vision of a world, where everyone may feel that they belong. 



    (C.J. Baker)

    Hurray For The Riff Raff – Life On Earth

    Puerto Rican singer-songwriter and self-described “nature punk” Alynda Segarra’s album is a worthy follow-up to their exceptional 2017 album, “The Navigator.” It explores themes of immigration, the environment, and other social ills.

    One of the album’s many highlights is “Precious Cargo,” where Segarra sings, “We made it to the border. I jumped and I was detained. Split me from my family. Now the light begins to fade. They took me to the cold room, where I sat down on the floor. Just a foil for a blanket. For 17 days or more.”

    “I don’t know why he would lie on me. The man from the I-C-E. And I don’t know why he hate on me. The man from the I-C-E,” Segarra adds, as she grapples with cruelty of immigration agents.

    The album’s title track gorgeously acknowledges the peril from man-made climate change and other societal ills. Yet despite the despair, throughout each song Segarra approaches the subject matter with an embrace of beauty and hopeful yearning.

    Segarra shows that she has the gift of being able to express the humanity of the downtrodden. Thankfully, they shared this precious gift with the world.


    (C.J. Baker) 

    Leyla McCalla – Breaking The Thermometer

    “In 1980, Radio Haiti was shut down and all of its journalists were either executed, jailed or exiled alongside many of Haiti’s most prominent artists, intellectuals and academics,” recalled Haitian American multi-instrumentalist Leyla McCalla.

    McCalla’s “Breaking The Thermometer” project combines audio from the Radio Haiti archives to create Afro-Caribbean music that honors those who rebelled against the United States-backed dictatorship of Jean-Claude Duvalier, as well as Jean-Claude’s father, François Duvalier. The songs are in English and Kreyòl, a native language in Haiti.

    Over banjo and soft percussion, “Fort Dimanche” features a Kreyol radio clip that leads into McCalla singing about the prison, where François Duvalier had entire families executed. A Haitian man describes when their family was killed at the prison and how it inspired him to become a journalist. (Note: At one point, the fort was a military facility for US Marines in the 1920s.)

    The song, “Ekzile,” is a somber melody mixing several string instruments over soft percussion. It features a Haitian woman who recounts fleeing brutal repression and ending up in New York. McCalla movingly grapples with what it is like for someone to have to leave their home because they are no longer safe.

    “Le Bal est Fini” (“The Party is Over”) stands out among all the tracks. It is an invigorating tribute to the journalists who defied dictatorship. All the percussive elements of the project shine, culminating in a solo that ends with dogs barking.

    Jean Dominique, Radio Haiti’s owner, was murdered, and McCalla developed a close relationship with Michèle Montas, Dominique’s widow. The project honors their resistance. “A big part of their connection and their love for each other was their love for journalism and their vision for what this could do to transform their country,” McCalla told the Guardian. “It’s a really hard thing to have faith in, but that faith held them together.”

    (Kevin Gosztola)

    Samora Pinderhughes – GRIEF

    Our annual list, given Shadowproof’s journalism on prison abolition, would not be complete without this collaborative album from singer, songwriter, pianist, and scholar Samora Pinderhughes.

    For “GRIEF,” a part of the Healing Project, Pinderhughes interviewed around 100 people of color who shared their experiences with incarceration or “structural violence.” The online archive of interviews features includes insights on abolishing prison, but the album is more introspective than essayistic and draws from the well of emotions that come from prison life and life in a world of prisons.

    Through the harmony of “Holding Cell,” Pinderhughes sings, “Holding cell, I can’t get well while you hold me.” The slave labor, or slaving for the tiniest of wages, comes through on, “Hope,” as Pinderhughes, Nio Norwood, and Jehbreal Jackson sing, “While we try to build a room for our freedom (for our freedom). We build what they destroy.”

    “Masculinity” is a profound inward examination from the perspective of a man grappling with their incarceration or carceral past. “If I feel these things, is it gonna hurt me?” Pinderhughes wonders. The lyrics eventually give way to an ethereal alto sax outro from Immanuel Wilkins.

    Pinderhughes told the New York Times that he intended to explore how the machinery of incarceration operates and ask, what is the system doing to people? What can be done to fight back? And then, from a more personal perspective, “How am I a part of that? How am I implicated, and how am I doing something against it? What does that make me feel like?”

    You feel every word of the experiences that flow through the music, as well as the spirituality of interrogating a harmful system that has impacted so many lives.

    (Kevin Gosztola)

    Soul Glo – Diaspora Problems

    Since their formation in 2014, Soul Glo has built a reputation for their ferocious musical attack and radical political lyrics. The hardcore punk band is made up of Black musicians who share their experiences as artists in a genre dominated by white groups.

    On the album, the band dispels the myth that lasting change can come from continuing to prop up the two-party system. For example, lead singer Pierce Jordan derisively snarls on “John J,” “It’s been ‘fuck right wing’ off the rip. But still liberals are more dangerous.”

    Elsewhere, with the incisive “Fucked Up If True,” Soul Glo address the fallacy that voting is enough to enact meaningful change.

    “So we just gon always vote in false elections and accept each result and it’s effects as though people were powerless. Do you feel supportive care? How do you wake up everyday? What enforced your belief that you can vote their power away?”

    The album is filled with killer anthems of righteous indignation that continue punk’s tradition of confronting racial and social injustice, and it is the band’s first release on renowned punk label Epitaph.

    (C.J. Baker)

    Tanya Tagaq – Tongues

    Canadian Inuk singer Tanya Tagaq aims “to repair the damage” from trauma inflicted by centuries of colonial repression.

    Over 10 tracks produced by Afrofuturist and poet Saul Williams, the album spits in the face of her oppressors then shifts away from their savagery to what gives Tagaq empowerment, joy, and strength.

    “Teeth Agape” bares a maternal instinct to protect her child from further trauma from colonizers while “Earth Monster” celebrates the creation of life. “Today is for her, and today is for me.
    For choosing to make her, to keep her, and to love her.”

    They took our tongues,” declares Tagaq on the album’s title track. She vows, “You can’t have my tongue,” and later adds, “I don’t want your shame.” Her vocals grow more guttural as she confronts the loss of language that came as a result of white colonial settlers, who committed cultural genocide.

    “The Canadian government took Indigenous children away from our families for many generations in the residential school system,” Tagaq told NPR. “All of us know who didn’t come home.”

    Tagaq’s vocal artistry is a dagger aimed at the hearts of those complicit and responsible for all the pain and terror. But the power in her voice also carries a sense of pride. She does not want anyone’s sympathy or guilt in order to live life on her own terms—free of the legacy and influence of colonizers. 

    (Kevin Gosztola)

    HONORABLE MENTIONS: Jimmy Cliff – “Refugee” | Dropkick Murphys – “This Machine Still Kill Fascists” | Moor Mother – “Jazz Codes” | Mali Obomsawin – “Sweet Tooth” | Special Interest – “Endure” | SAULT – “11”/”Earth”/”Today & Tomorrow”/”Untitled (God)”/”Air” 

    The post Ten Of The Best Protest Albums of 2022 appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was originally published as part of the Dissenter Newsletter. Become a monthly paid subscriber to help us continue our independent journalism.

    Reality Winner is an NSA whistleblower who was harshly prosecuted under the Espionage Act, but she is also more than that. She is an advocate who has used the visibility gained from her case to promote an end to prisons in the United States.

    I covered Reality’s detention and incarceration as a whistleblower extensively. What she endured further solidified her understanding of how prisons function. Yet according to Winner, she questioned the existence of the US prison system before she was arrested in June 2017.

    This is the first time that I have spoken to Reality since she was transferred to Federal Medical Center Carswell in 2018. We discuss her incarceration during the COVID pandemic, rampant sexual abuse in Bureau of Prisons facilities, and why prison is one of the worst places for a person struggling with drug addiction or substance abuse problems.

    Some of what Reality shares in the interview was reported previously by The Dissenter Newsletter, however, her stories from prison are much more detailed than what was described in earlier reports.

    *Below is a transcript of the interview with NSA whistleblower Reality Winner, with minor edits to improve clarity.

    GOSZTOLA: I’ve been following your commentary and how you follow issues in the US prison system, and I was really drawn to how your outspoken. You say, America’s incapable of a humane system detention. Just as there’s no humane form of slavery. Abolish it all. You think prison reform is a lot like asking for slavery reform. And you’ve been outspoken about abolishing prisons, and I was hoping to talk with you today about how you came to that view and if you could share some of what you experienced while you were incarcerated that maybe led to this awakening.

    WINNER: Ironically enough, this realization actually started a month before my incarceration. I had watched the Netflix documentary “The 13th,” and leading up to the night I found myself in jail, that was actually the only thing that my family had ever heard about from me. I was like, you need to watch this. My sister watched it. We had many conversations about it.

    For me, the first time I was indirectly or in the vicinity of a police killing was when I lived on the outskirts of Baltimore in 2014, when Freddie Gray was basically murdered. Or he died in police custody, but the negligence just made it a homicide. I remember I was working my mission in the Air Force the first night of the curfew. And so, it was kind of surreal.

    Without going into my career as a linguist too much, I was essentially sitting in a combat position watching our war in Afghanistan, and we had the local news and we had CNN on and they were doing a live countdown to when the curfew would be enforced. And there were still people on the street, and there was a line of police officers in their military gear. That’s kind of the first time for me where I realized the same war, the same conflict that I had wanted to dedicate my life to in Afghanistan, was playing out 15 miles away from me on American streets, and that I in no way sympathized with the people in uniform.

    That’s kind of where I had started in 2014, to pay attention to police brutality and the over-militarization of the American police. That’s where I started to understand it’s completely deregulated because it’s compartmentalized into different jurisdictions, and there is no one tracking at the federal level what every police force is doing.

    It was incredibly ironic that I found myself in an extremely negligent county jail and [faced] the sexual exploitation in the jail and the constant negligence of basic needs and watching women go through medical emergencies.

    I, myself, had a medical issue come up when I was in court. I fell while handcuffed and busted my face open and also had a contusion in my knee. And it resulted in a giant bubble that a month later was drained at a local clinic by a doctor that was really questionable. I mean, I’m glad he drained it because that bubble was huge and weird; but the fact that I waited a month for that, and it was a clearly visible thing that was going on. I was limping.

    The transfer process—They told me, oh, it’s diesel therapy. It’s dehumanizing, but the conditions steadily got worse. Never say you’ve hit rock bottom because that floor can always break open and expose new rock underneath it. Every time I said I’ve been through the worst. I’m good.

    Then Derek Chauvin murdered George Floyd, and we got put on lockdown for it. Their excuse was the BOP sent their riot task force to the streets to police civilians. And the BOP is not a police force. In no system should that have ever happened. We did not draw soldiers from Afghanistan to police Dallas, Texas. Why are we sending BOP guards to police civilians?

    The only thing that makes sense is that it was punitive to us. We had little to no contact with our family, and it was a direct retaliation on the communities that were hurting the most from the murder. That’s how the system works. You always have to look at, what is the overall message to the American people when 80,000 inmates go quiet? It’s a direct message to those communities to stop rioting. It’s a direct message that police can murder people, and you are all going to be put in the SHU [solitary confinement].

    It was demoralizing. It was about as bad a month later when we all had COVID, and we were blamed for it, even though none of the safety precautions that were given to us did any good. My unit had a 90 percent infection rate, and all they did was continue to shuffle us around. They locked us down so we could be quarantined from one unit to another.

    But the day we got sick  there were inmates that were too sick to move, told to carry their stuff and go to another unit. There was no consideration for the fact that people were actively ill with a virus that in July 2020 nobody actively knew what this body does to the body. That’s how soon it was. That’s how early it was in the pandemic. Long COVID was not a household word at that time.

    You have inmates who are catching COVID over and over again, their civil rights and civil liberties being violated over and over again in the name of safety and COVID control, when the moment they do get sick nothing is done for them. There’s no medical care.

    The COVID Pandemic And Prison

    GOSZTOLA: COVID is still an issue for prisoners. It wasn’t long ago that you put this out where you let people know, “Meanwhile, US federal and state prisons still have ZERO idea how to handle COVID without cruel and unusual lockdowns, which usually mean inmates deprived of fresh food&air, visitation, programs…All while waiting to be infected, the 4th or 5th time,” while being held in these facilities.

    Connecting this back to your experiences, when you were released in the middle of 2021—just to give people some perspective—what was it like when you were leaving, despite the fact that we had elected Joe Biden and there was some movement when it came to dealing with the pandemic that was much better than Trump? And despite having vaccines available, how behind was the Bureau of Prisons?

    WINNER: There was no change. That was kind of the biggest crush. From January 2021 to the time I left, little to no change. Little to no lifting of the lockdowns. I was still using my job as an excuse and my good standing with certain officers to get outside as much as possible. We had caught COVID in July 2020 and December 2020. So we actually had it twice in a six-month period.

    Going into April 2021, one day nurses came into the unit and started setting up stations. They said we’re giving out the first dose. Get in line or pack your shit. People said, well, where are we going? There’s different units. We were in 2 North. People were asking if we were going downstairs to 1 North if we didn’t get vaccinated. And they said you’re not going to like where you’re going. Get the vaccine or pack your shit.

    There was no conversation with your doctor about which version of the COVID vaccine is right for you. There was no discussion of the certain ingredients that certain individuals are allergic to. It was very authoritarian.

    A counselor had come out at that time to saying if any of y’all are trying to go to halfway houses just know they’re not accepting you If you’re not vaccinated, which was not true. But basically that was when I was like, okay, I’m getting released in a month to a halfway house. I need this vaccine. I need record of this vaccine. So I got in line.

    Obviously, it was the Pfizer vaccine because we got vaccinated twice. In 21 days, we got the second dose. That’s how we knew which version of the shot we got. So I got my two doses, and even though I had caught COVID twice and being vaccinated, 23 days before my release I had to go into a hospital room.

    Carswell was built in a old military hospital. So when I say hospital room, I mean the main building of the prison is the old hospital. We eat in the old prison cafeteria. So the quarantine rooms—you can actually picture it. The old school hospital room built for two beds, and it had two little bathrooms on each side up by the front door. There were nine of us in that room for 23 days straight. And you [didn’t] leave that room for anything ever.

    It was like you’re about to go home, and time stands still. There’s like ten different rooms like that—either people on one side of the hall are coming to the prison or people on our side of the hall are leaving. You have ten rooms of women demanding to use the phone. You have ten rooms of women demanding ice for drinking water. And you have one officer doing that for ten rooms for 12 hours at a time.

    I have compassion so I understand it was a lot, but it was also a lot of disrespect. I know that there were times when I demanded a lieutenant. I knew the lieutenant that was working that day, and that’s why I demanded a lieutenant that day.

    The smartass officer waited till the next day for the meanest the lieutenant, opens the door, says, “I got your lieutenant,” and in walks the fiercest lieutenant ever. I was like, I’m going home. I’m not going to lose face. I jump down, and go have a conversation with that lieutenant. That officer was just mad that I was even willing to be direct with that lieutenant. They thought I was going to be scared.

    We didn’t even get really anything out of that. They had skipped us for three days on the phone. So imagine you’re trying to make plans with your family. Pick me up at this time on this day, and then you go quiet for three days straight. That’s not good. You can’t do that to us.

    It was just a horrible situation. The first three days I only got a breakfast tray because even though I had a legal right to a non-flesh or a vegetarian tray the way it is they shipped up the styrofoam trays from the kitchen. If they didn’t put a vegetarian tray on the cart, I didn’t eat that meal.

    What you could carry was in that room with you. So it wasn’t like I packed a bunch of commissary because I thought they were going to feed me. Every now and then an officer who knew me would call the kitchen and get a tray sent up. But it was three days at least until they actually regularly sent up meals for me to eat.

    That’s what we were doing after we were vaccinated. That’s the kind of authoritarianism, the kind of blatant abuse, the kind of neglect. And once I got to the halfway house, they said you need to be quarantined again because we don’t know if you’re vaccinated.

    I said okay, well, can I call the prison tomorrow and have them fax my vaccine [record]? Because once you’re vaccinated in the halfway house, you don’t go outside. You don’t eat with everybody else. You’re quarantined. You don’t get to go use the phone in the hallway because you’re quarantined.

    I actually to this day have not seen that original vaccine record. I couldn’t get it from the prison. The halfway house, which is part of the Bureau of Prisons, could not get Federal Medical Center Carswell to send my vaccine record to them.

    My attorney could not get it. My family physician could not get it. We’ve even called the regional office on this. Federal Medical Center Carswell is not giving out those records of vaccines given to me. So I don’t know what I got, but I had to be quarantined twice for it.  

    Once I was released from the halfway house and had my ankle monitor cut off—you know, I didn’t know how Texas was going to be about it. Obviously, Texas we’re super chill, pretending like COVID doesn’t exist. But in most states, you would need a vaccine card to apply for a job.

    So I went out and immediately got the Johnson & Johnson one-and-done, however, because that was within six months of my last dose, I was laid out for three days with some of the worst pain ever. But I was willing to do that because Carswell refused to give me a vaccine card for a vaccine they forced me to get in the first place.

    I’ve had one of the worst COVID experiences—not so much COVID itself, the virus, but with authority and how they handled keeping people safe from a virus and keeping people vaccinated. Or giving people the option to vaccinate.

    GOSZTOLA: While you were in the facility, they’re choosing to lock down people, but you all can see the guards and people who work at the facility coming out during this pandemic. Are you and your fellow prisoners aware that COVID could be coming in and out of the prison? Are you seeing sick people? Are you seeing that, oh, that guard is not here today, and oh, this other person they’re sick now?

    WINNER: Right, so when the state of Texas first shut down, officers were talking about certain officers who turned their backyards into bars for their street, for their neighborhood. As federal employees, they never quarantined themselves before coming into work or not. When we had COVID, they actually setup tents outside for the kitchen workers so that the kitchens wouldn’t shut down.

    I watched an officer do 12 hours on our unit while we were COVID positive walk straight to that tent after work. We watched our officers get sick, and they had COVID with us. Even though they were supposed to sign, every morning they came into work. They would get their temperature checked. I’m not symptomatic today. They were lying to come in because they thought they were going to get hazard pay. Everybody was going after that hazard pay, the bonus money, the overtime because of the lockdown and having less staff.

    The same way we were lying on our temperature checks to make sure we stayed in our unit, where we felt safe, they were lying to come in to make extra money to keep their paycheck. So they all got sick with us.

    I was already symptomatic, already coming back down, already feeling better. That was when they told me I’m not negative. So, originally, after they tested all of us on a Wednesday, that Sunday they pulled out—out of a unit of 170 women—they pulled out 15 of us that were supposedly negative for COVID. They said we’re going to put you guys in a COVID negative unit. We’re going to test you again however.

    And then, six of us, including me, were called aside again from that group. So we sat in a room of people that were allegedly COVID negative. For fifteen minutes, we hadn’t seen these people in months.

    Everyone’s looking at the officers and running over and hugging people. Then they called us aside after we’ve been in this room, and said, I don’t know why y’all are here. Y’all aren’t negative. So no one was giving us a piece of paper with our test results with positive or negative. They just told us six y’all aren’t negative for COVID. Go back to your unit.

    We carried all of our stuff back up to the unit. Nobody knows what’s going on, and there was the officer that didn’t like me that day so I was being extra. And everybody is like, Winner, what happened? I’m like, we’re the COVID unit. We got COVID, like just making a joke of it. Because at that point everybody was sick. We knew it. Everybody started clapping. Yeah, Winner’s back.

    I went back up into my room because I had to pack up everything again, and this officer comes. We had plastic curtains. It’s an airborne virus, and so we have one central AC unit pumping the same air into the rooms. But they gave us plastic curtains in the middle of summer that made the room hot as hell, and it was a disciplinary shot if we pulled those curtains aside to get air.

    That officer came into the curtain after it was revealed that I had COVID, pulled down her mask, and said, oh, Winner, I just want to congratulate you for your positive test results. So you can tell how hard they were trying to not get COVID.

    It was never about the virus. It was never about spreading a contagious disease. It was always about discipline. They had different masks than us. We couldn’t talk to our family as much. We couldn’t leave our room. We showered when they told us to shower. They handed us our food. It was all about breaking down and removing what freedoms we did have. And once they started lifting the lockdowns—they actually lifted the lockdowns and the quarantine for the prisons.

    We didn’t get our programs back because so much of the staff had left or quit during COVID. So they actually didn’t have the staff or resources to go right back to the same programs they offered pre-COVID. So Federal Medical Center Carswell is still operating at 70 percent of the programs, of the resources for inmates that they were just before 2019—for no reason, other than sheer incompetency.

    They got used to having everybody locked down, and I fear that that’s going to be the new BOP standard of operations.

    Federal Medical Center Carswell (Photo from the US Bureau of Prisons and in the public domain.)

    Rampant Sexual Abuse From BOP Employees

    GOSZTOLA: Something that’s in the news because of a US Senate subcommittee report that I imagine was daily life for you and other prisoners at Carswell is the rampant sexual abuse that goes on in Bureau of Prisons facilities. We now have Senate staff spending many months to document the way in which this is basically just a feature of being incarcerated. Nineteen out of 29 facilities they found in the last ten years have had some employee accused or found guilty of crimes when it comes to sexual abuse.

    I was hoping you could share what you observed or witness while you were at Carswell, as far as how you and all your fellow prisoners knew this was something you had to contend with as incarcerated individuals.

    WINNER: It’s definitely known, and at Carswell, it wasn’t hidden very well. There was a certain lieutenant who was charged. He hasn’t been sentenced yet, but Lt. Luis Curiel actually got a woman pregnant. When I heard the initials of the victim, I said, oh, that wasn’t even his girlfriend because he had another little favorite. And they would just go on walks together, and she had a special prison assignment of cleaning his office when he was at work. Everybody knew it.

    [Note: Curiel was sentenced September 21. Remarkably, as Fort Worth Star-Telegram reported, he “pleaded guilty to raping two women” at Carswell and was sentenced to 18 months—“half the amount of time one of his victims is serving for drug possession.”]

    So often it’s these lieutenants. They have the right to call inmates to the lieutenant’s office. Make it look like a disciplinary matter. They’re really the only people who have the right to have complete one-on-one privacy with inmates but also not have staff who are in a place to complain about it.

    As far as actual staff members committing assaults on the units with witnesses, there was one, and she touched me when I was in my bed for no reason. I reported it. So there’s the Prison Rape Elimination Act (PREA). There’s posters everywhere you go in federal prisons. They’re by the phones. They’re by the phones. They’re by the water fountains. They’re on the walls randomly. They’re by the computers.

    You’ve got five different ways of reporting it. You can do it by secure mail or you can do it on a phone call. Or you can do it on the computer system, and it goes straight to the DOJ IG. Okay, I did that, and I don’t know what happened

    I did that in March 2020, and by December 2020, that same officer was working our unit. She was extremely abusive, like threatening violence on a regular night. For me, it wasn’t a threat. It was real because she put hands on me. She had been removed from a unit just before that for actually taking off her belt and trying to wrestle an inmate.

    She came from Texas state prisons, where they regularly physically abuse prisons, and was trying to bring that culture and make it normal in a federal prison. Telling us that we didn’t deserve this treatment simply because we were charged under the federal system, that we deserved to be degraded the way that Texas state inmates are degraded. And that was what she tried to normalize in every unit that she was working in.

    A woman came up to me after it was known that I had made a report against [the officer] and said she watches me when I shower, and then she later calls me to the office to tell me about my body. She was making very predatory remarks to us. It got to the point where I couldn’t take it anymore.

    Unfortunately, it was that same lieutenant who knocked up a girl, who came to the unit to save us. Because we were actually waving at the cameras to get somebody from control to send somebody. She was going on a rant. We were locked down.

    She had us in our cells, and she was in the center of the unit. And it was Stockholm syndrome. She was telling us, when y’all had COVID, who was the only officer that let y’all shower? Who was the only officer that let y’all use the phone to talk to your families? And most of us weren’t even in her unit.

    She never came into our unit when we had COVID. You weren’t that officer. Every single officer who worked here gave us our basic rights. Stop acting like that. And she’s like, I’m the only person that cares about y’all getting out. It’s psychological abuse. It’s priming your victims to depend on you. They should not be allowed to talk to us like that, and the lieutenant is just standing there watching this.

    People are gesturing to him, like please come talk to me. I need you to come talk to me, and he was just standing there. I lost it. I came up to the railing because I was one the second floor and just screamed across the whole unit, and I said you need to look at the PREA reports against this officer. And she turned, and she was just like I don’t have any PREA reports against me. I said there’s three women on this unit that have reported you for sexual assault. You do not need to be here. And I looked at the lieutenant again, and I said, where are the reports? And she’s like, you’re a liar. She’s just screaming insults.

    Finally, I looked at her and said you touched me. I filed a report, and I looked again at the lieutenant. Where are the reports? That’s when the officer said, you keep lying, and I’m coming for your blood. Right after she said that, the lieutenant turned around and walked out of the unit, and we were left on our own with her until midnight.

    Basically, in short what she did was she started upstairs and she started tearing up rooms, one at a time, all the way to midnight. Just tearing rooms apart one at a time. Because as an inmate you’re not allowed to sleep. If the officer doesn’t want you to sleep, you don’t have the right to sleep at night. And she starts at the room right next mine. She looks at the clock. It’s 11:55. Steps out, looks at me, and says, this isn’t over. I’m starting over tomorrow night.

    The next night was New Year’s Eve, but I had spent all day trying to get SIS, the Special Investigative Service, and then the staff investigative and the captain to come talk to me. Only one person came and talked to me. I said this is what happened, and I would like to report a threat against my physical safety because she said she was coming for my blood. Ironically enough, she actually didn’t work our unit that night. She was actually pulled from our unit. And later on, a staff member had told me of something that had happened within the prison.

    The captain allegedly had pulled [the officer] from our unit, said you can’t work our unit after what happened. She wasn’t working another unit. She was actually put on leave while they were investigating. So she had allegedly tried to call the captain on her work phone and leave a voicemail, but she left a voicemail on the wrong line and it was a different prison administrator. So the officers were talking shit about it. They don’t keep secrets either.

    One [officer] had told me that she’s probably coming back to your unit because she thought she had left a voicemail on the captain’s phone saying, on a first-name basis, you know nothing happened. Please let me come back to work. I’m just alone at home with the kids. They’re driving me crazy. I don’t want to be home. Please let me come back to work. Saying they’re obviously closer than anyone imagined, and you need to prepare yourself.

    Coincidentally enough, she did come back a lot more subdued. But it was only for two nights and the second night happened to be January 6 [in 2021]. She tried to start some kind of riot or fight in our unit. Again, it was sexually explicit.

    We were on a COVID quarantine. We had active COVID cases in our unit, and she pulled two different inmates from different units who weren’t on COVID quarantine into our unit until she found the right inmate that went by the nickname that she was looking for. She convinced two other officers to send their inmates to a COVID quarantine unit.

    And that inmate gets there and that inmate is not even properly dressed. She’s in pajamas, and the officer said, hey, your girl’s in the shower with another inmate. And just let this inmate walk around our unit to go to the showers. Obviously, if that’s the case, they’re looking for a fight. They’re looking for an altercation.

    When that didn’t happen, when she found her girlfriend in the TV room and went back and told the officer, the officer said, naw, she’s lying. Her knees are wet. I mean, the level of foulness that was going on here. When the other inmate found out what was happening, she went at the officer and said I don’t know why you’re doing this to me. The moment she raised her voice this officer hit her body alarm, and there were six officers in our unit trying to figure out what’s going on.

    Those of us who were standing in the computer line, right in the vicinity of what happened—we all raised our hands saying witness. You must record us as witnesses as to what just happened. So she was walked off our unit for the final time that night. It took something like that to get her off our unit, not the fact that I had said there’s sexual harassment and allegations against her, actively pending investigations in this unit.

    Why was she working this unit? Because the BOP does not investigate their own.

    GOSZTOLA: You’re all given these hotlines you can call if you’ve got complaints. Like you’ve just said you can directly complain to the Justice Department’s inspector general. What’s the fear like? How many people are afraid because they’re not going to do anything but also because officers might see they complained and they’ll face some kind of punishment for letting people know that an officer is a problem?

    WINNER: First and foremost, when I brought it to the prison’s attention that I had filed the DOJ IG report, I was told, oh, you did that the wrong way. That goes to Washington, DC, and we would never have seen it. Which is ridiculous because that’s what we’re told to do. You can try to do it within the prison, but the safest way to not have retaliation is if you go through the centralized federal government so there’s a documentation. That way you can say I filed this. They put me in the SHU.

    The second was when they did finally interview me—So they didn’t directly ask me but they said, do you feel like you’ve been victimized? Are you a victim right now? So that’s when you’re like, I guess not. The word victim means you are going to be separated and put in the SHU.

    Drug Addiction, Substance Abuse in Prison


    GOSZTOLA: While you were at Carswell I presume you got to see that US prisons are not places for people to be sent it in order to help them deal with their drug addiction or substance abuse problems. What can you share about that? There are a lot of people who might suggest that’s what you can do if someone is having those issues. Those facilities could help them take care of that.

    WINNER: Yes, the worst place you can go if you have a drug addiction is a county jail, and then later on, a prison—either state of federal. Because there are drugs in both institutions. Even more than that, you are sitting in all these triggers of what caused the addiction in the first place.

    You’re in a powerless environment. You are up front facing your depression, or whatever has triggered or started that addiction. It’s not treated as a medical condition. It’s treated as a moral issue. It’s treated as a character flaw. It’s treated as a, oh, well, if you just sit in this cell long enough and the methamphetamines are sweated out of your system, your addiction is over. Without going to the root cause of why people use to escape.

    I went in, and I didn’t even have an alcohol habit. I had cut out all alcohol as a yoga teacher for two years before my arrest. During the George Floyd uprising, while we were on lockdown, people started passing me pills to get high. It went from there to K2, which is a liquid form of spice—it makes you hallucinate—to trying liquid meth on paper. Because the pressure was so much that people were actually giving it to me for free at first because they thought I was going to swing on an officer.

    I was that tightly strung. I was that confrontational, and I was that unruly at times. I never had a physical addiction or craving to it, but when we were told we would be put on lockdown for COVID, and we would go into the same lockdown conditions as the George Floyd lockdown, my mental dependency on using to cope with being confined—I basically crept from one room to the other.

    There were four officers in the unit, and I still managed to do it. I went to all the dealers and got 32 days worth of drugs, racked up like a 200 dollar bill to get myself through COVID itself and then the lockdown. It became a mental dependency for me because I was already on an SSRI.

    At the start of the lockdown, I realized that I have seasonal depression, and if I can’t go outside and feel the changing of the seasons, I get manic depression. So I was already on an SSRI for that, and it wasn’t enough to cope with everything being taken away again for something that was outside of our control.

    One of the things I feel the most guilty about is one of the girls that I used with, Zantana, was doing four years for trafficking fentanyl. Even before the lockdowns, this girl would pass out in chow at breakfast. She stayed high like every day of her prison experience, and everybody knew it. And not to say that the guards should have known it to punish her further. But that there was never an honest conversation with her about what rehabilitative services would help her kick this lifelong habit.

    She got out shortly before I did in 2021, and before I even had my ankle monitor cut off in October 2021, she died of a fentanyl overdose. So you want to talk about what the prison system can offer addicts as far as rehabilitation goes, that’s a big failure right there.

    They let her continue her habit in Carswell. She never had a disciplinary write-up, was never caught for being high, even though everybody knew she was high every day she was in that prison. Nobody said this is a psychological resource to deal with the root causes of your addiction. She slipped through the cracks and now she’s dead. Anybody who says that simply being pulled off the streets and put into confinement is a treatment for drug addiction—I mean, they’re wrong.

    GOSZTOLA: When you left Carswell, you tried to stay in touch with some of the people you were incarcerated with. Did you try to communicate with some of the people you left because you cared about what they were going through in the facility?

    WINNER: Yes, but one of the most inhumane things about this whole thing is you trust people with your life, and you do some of the hardest days of your life with them. When you get out, it is a crime to stay in contact with them. Maybe there were times when I thought it was worth it—letting people know, hey, I made it home. But beyond that, it’s a one-way track back to prison.

    GOSZTOLA: I didn’t know that.

    WINNER: When you are on federal release, or federal probation, it’s a violation to be in contact with any felon, whether they’re currently incarcerated, currently on probation, or they’ve already finished their time and just have felon status.

    GOSZTOLA: Wait, so hypothetically, if someone was prosecuted under the Espionage Act like you and has this felony on their record, you can’t talk to them about your experience until after your probation ends?

    WINNER: Correct. Well, and not even the Espionage Act. Anything.

    GOSZTOLA: I know it would go for anything, but I also understand that although it’s a small universe of people if anybody wanted to reach out to you and give you support now that you’re no longer in prison you wouldn’t want to do that because it could send you back to prison.

    WINNER: It’s kind of established that Terry Albury and me—We’ll connect in the future.

    GOSZTOLA: That’s what I’m thinking of. I’m thinking of Jeffrey Sterling, who has gone through this who has their own experiences. John Kiriakou is actually in your documentary, but you can’t really talk to these people because they have felonies on their record.

    WINNER: Mmm-hmm, I can’t talk with anybody whose been incarcerated in a way that’s meaningful. So there’s nobody that I’m legally allowed to talk to who has been through what I’ve been through.

    ***

    In Part 2, which will be posted later, Reality Winner comments on NSA whistleblower Edward Snowden, President Donald Trump taking classified documents with him to his Mar-a-Lago estate, and upcoming Hollywood films that will bring her story to the silver screen.

    The post How NSA Whistleblower Reality Winner Came To Support Prison Abolition appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter. Become a monthly paid subscriber to help us continue our independent journalism.

    In August, a lawsuit against the CIA, former CIA director Mike Pompeo, UC Global, and UC Global director David Morales was filed that alleged Americans who visited WikiLeaks founder Julian Assange when he was living in the Ecuador embassy had their privacy rights violated.

    Attorney Richard Roth filed a complaint on behalf of two attorneys, Deborah Hrbek and Margaret Ratner-Kunstler, and two journalists, Charles Glass and John Goetz. They say they were spied upon by the CIA-backed operation when they met with Assange.

    The lawsuit will be deliberated over in a United States court in the Southern District of New York. It was assigned to Judge John Koeltl.

    Kevin Gosztola recently spoke with Richard about the status of the lawsuit and what happens next.

     

    Enjoy the interview? Leave us a tip!

    GOSZTOLA: What is the status of the case?

    ROTH: The current status is we have filed a complaint, which has received a tremendous amount of attention (for good reason). And we are in the process of serving the summons and complaint. We served it on Mike Pompeo. We served it on the CIA, which is the United States’ Attorney’s Office which represents the CIA. And we are in the middle of serving it on two Spanish—one entity and one individual—but the two defendants who live in Spain.

    Once we do that, we have a conference schedule. I think it’s January 17, and we will set a roadmap for discovery and ultimately the trial of this case.

    GOSZTOLA: I know one of the issues for this case when you are proving that people’s rights were systematically violated. Particularly, when you are involving the Central Intelligence Agency, you have to have standing. If you went into court tomorrow and you had to prove to the judge you had standing, what would you say to the judge?

    ROTH: So great question. I like how you artfully asked it. The bottom line is that I would say the following. I would say we have four US individuals, all of whom were on embassy soil. That is diplomacy soil. And each of them are protected by the Fourth Amendment. The Fourth Amendment provides protection from any search and seizure—whether you’re in the US or whether you’re in Bangladesh—for any US citizen.

    Here they happen to have been in London at the Ecuador embassy, and they because they’re US citizens have that right to not be violated, not be invaded by the CIA or any governmental entity. There’s a process, Your Honor, and the process essentially requires the CIA, or whoever it may be that wants to tape record conversations, to go and get a search warrant. They have to show probable cause. They have to go before a judge. They have to get an order.

    Only upon those events can they go and actually listen in on conversations or copy conversations. Without that, it gives us standing, and it’s a violation of the Fourth Amendment.

    GOSZTOLA: Just to make sure I cover all the bases, up to this point are there any responses from the lawyers or attorneys that will be representing the CIA? I know you issued a complaint to Mike Pompeo in his private capacity. Have you received any response?

    ROTH: We have not. They have been radio silent. One thing we know, which gives us tremendous confidence, is that there’s a lawsuit pending in Spain, and El País, which is the largest newspaper reports on it frequently. And we’ve amassed a series of information from that Spanish lawsuit. So we’re very comfortable in our position. We believe that we can prove what we need to prove, but to date, nobody has given a response.

    GOSZTOLA: Part of the lawsuit that you have filed is enabled by some of that journalism that has been done, as you’re saying. We have El País  who has investigated. We have the Yahoo! News from September 2021 that laid out some details; actually made Mike Pompeo a central figure. So a lot of evidence that you’re bringing into court, a lot of it’s public now. But by bringing this lawsuit, you believe that there will be an opportunity for a discovery phase in order to investigate and uncover even more detail on the violations of people’s privacy rights.

    ROTH: We believe there’s a tremendous amount of discovery. We believe that there are hundreds of communications by and between the defendants, which went into the New York and Washington offices of the CIA (at minimum). We believe we’re entitled to all those communications. We believe we’re also entitled to what they actually imaged.

    Remember, the allegations are that when you went to the embassy, you gave the embassy personnel every computer device you had, whether it be a phone, an iPad, a laptop. And they imaged everything while you were meeting Assange.

    So, we will be able to get a tremendous amount of information, and we are looking forward to the judge giving us an opportunity to get that.

    GOSZTOLA: You believe that this could have potentially affected over a thousand of people from the US, who you could consider US persons in one way or another. Put that in perspective. In terms of a case involving people’s privacy rights, what does that really mean? What does that number mean?

    ROTH: The number is for anyone that visited embassy. Remember, Julian Assange was in there for seven years. He had friends. He had family. He had doctors. He had journalists. He had people that he worked with visited him, and he had lawyers visit him. So that number is not all US citizens, meaning they can’t all be plaintiffs, but people have come forward since the filing of the complaint saying hey, I’m a US citizen. I want to be a plaintiff.

    It means a lot because not only did the CIA violate the Fourth Amendment by wrongfully taking information of everyone, but there’s a lot of other things they violated, like for example, every attorney has attorney-client privilege. If I represented you, any communications we would have either oral or in writing are privileged. By going in and listening to the conversations between Assange and either Ms. Hrbek or Ms. Kunstler, the CIA essentially violated the sanctity of attorney-client privilege.

    Not only that, but if they went in and imaged, as we alleged, the computers of these lawyers, then they have attorney-client privileged information of the lawyers, which doesn’t even relate to Assange. So Deborah Hrbek has a memo to a client, to her client in her computer, and the CIA actually imaged it. Then they have additional information, which has nothing to do with Assange.

    Add to that [Assange] saw doctors so they have doctor-patient information. So there’s a lot of information that we think they have, all illegally, which we want.

    GOSZTOLA: Then, of course, there’s the two journalists. You’ve got Charles Glass and John Goetz, and those two individuals as journalists—at least as far as the norms that are accepted within the society in the United States—is that you should not be explicitly targeting those individuals.

    And I suppose it’s worth pointing out while this lawsuit is unfolding that it’s now been codified by the Justice Department that they are not supposed to target journalists. That is to allow them to become collateral damage in prosecutions, whether those involve leaks or other criminal investigations. So there could not be a justification for targeting your two journalist clients.

    I suppose they could argue in retrospect they did have the justification if they think they were spying on them in the context of a criminal investigation. But by and large, we accept those people are entitled to their privacy.

    ROTH: Absolutely. So we have journalists that went in and interviewed Assange, and they went in and the CIA went and took that. Can you imagine what that does to investigative journalism, if an investigative journalist that he’s being tape recorded by the CIA?

    And on top of that even, the doctors, there are doctors that went to visit Julian Assange. There’s a doctor-patient privilege, which he has. If he is going to see a doctor for an ailment or illness, why in god’s name would the CIA be entitled to that information?

    Yes, the journalists, the doctors, the lawyers. It’s just really, really inappropriate. And it’s overreaching, and the irony is that the US has indicted Julian Assange for essentially wrongfully disclosing information. In the meantime, what is the CIA doing? They are worse than Assange because they are wrongfully taking information. So, yeah, it’s interesting how what’s good for the goose as they say is not necessarily good for the gander.

    GOSZTOLA: You mention there are people who have come to you who say they’ve been spied on too. Is there any likelihood that this gets certified as some kind of a class action because there are a number of people who have been targeted allegedly?

    ROTH: There are people who have come to us. Some of them we exclude because they are not US citizens. Tomorrow I’m meeting with somebody else. There is a chance that it goes to a class action lawsuit, although the goal is not to complicate the litigation. Class action lawsuits by definition complicates it because you got to certify the class, and there’s motions over that.

    Our goal here really is to essentially seek grievance for the four people who did come to us, and say listen, you just can’t do this. So right now, our only clients are these four, but there’s a likelihood it will expand.

    GOSZTOLA: It’s worth pointing out that what you’re doing is a valuable check on the power of the executive branch when in fact what we’ve seen is an incredible lack of interest and action on the part of the legislative branch in order to investigate. Which is to say that we know that the House intelligence committee, or the Senate intelligence committee, could find that this is very troubling that the CIA engaged in this activity against a diplomatic outpost or an embassy.

    I can’t imagine what would happen if we found out that a country was targeting explicitly [a United States] embassy while they were hosting somebody who was an asylum seeker, say a rival power was targeting people as they came in and out, and they investigated those visitors. That they violated their privacy. We know the outrage that we would hear from the US State Department, and yet there hasn’t been any public assessment or address when it comes to this issue.

    Your lawsuit is very important I think for forcing that out into the open. Because even if for some reason the CIA is able to stifle this lawsuit—or Pompeo is able to stifle your lawsuit, you’ve at least made this a public issue.

    ROTH: That’s correct. And let’s not forget, not only did they go in and image each of the plaintiffs’ computers, laptops, and phones while they left it with security. The CIA actually had recording devices, audio and video recording devices, in the conference room where they met Assange. So they have everything, and what we learn in the Spanish case, these individuals that worked for UC Global essentially were asking their bosses, why am I tape recording and sending these tapes back to Washington? I don’t understand what Washington had to do with it.

    There were individuals who were employees of this company that were stuck in the middle. They wanted to keep their job, and they couldn’t understand why information about Julian Assange would go to the CIA. So, we have some very, very damning information against the CIA and Pompeo, and we intend on pursuing it.

    GOSZTOLA: One of the final questions I have for you is to point out that, yes, people might be cynical. If they are following this Assange case closely and if they are following things related to this spying operation, they might have seen that the Spanish court has had some significant difficulties when it comes to getting information from the Justice Department, to get compliance. I know they want to know the IP addresses, who was making those connections, where were those computers, what were those computers that were receiving this data.

    But why don’t you take a moment just to point out what you’ll be able to do as somebody who is a US lawyer and in a US court in order to force the discovery of this information. It won’t be as easy to not comply and deny you information that the Spanish court is not able to get.

    ROTH: That’s absolutely right. What we’ve learned from the Trump era, four years, is that they are masterful at avoiding processes. They have avoided everything that the Spanish court has sought, even by subpoena. We know what they did with the January 6th committee, where they wouldn’t produce documents and testify. We know what happened with the impeachment proceedings and the entire presidential organization.

    So, they essentially are very good at either stonewalling or refusing to produce documents. Recently, when the tax documents were ordered to be produced, Trump appealed that again.

    To your point, [the Spanish court does] not have the federal authority of a federal court judge. A federal court judge was appointed to the case, a guy by the name of Judge Koeltl. As is true of all federal court judges, he was appointed by the President of the United States. They have tremendous power. They can compel Mike Pompeo and the CIA to produce documents. If they don’t, they could be held in contempt of court and could go to jail.

    When you have federal court judge, someone you don’t mess with, whoever it may be, you can’t play the games that they played in Spain with the Spanish court. They played with the January 6th committee. They played with other organizations. This is the judge, and the judge is going to say to them I want you to produce it and I want you to produce it now. That’s going to help us out much more than any other dispute before another foreign organization.

    GOSZTOLA: It’s important to mention that Judge Koeltl already had a case before him that  involved WikiLeaks and already came down on the side of protecting freedom of the press when the Democratic National Committee chair Tom Perez tried to lump WikiLeaks with alleged Russian agents and with the Trump campaign, when it came to their alleged examples of interference in the 2016 election. He said no, if you obtain hacked materials, which is what WikiLeaks did, then they have an absolute right to publish just as anybody in the United States does under the First Amendment.

    You must feel pretty good knowing that you’ve got somebody who is going to preside over this case, who has a history with WikiLeaks and isn’t going to see just see that this involves Julian Assange and have some kind of irrational response to your efforts.

    ROTH: I think we are very fortunate to get Judge Koeltl, not necessarily because of that prior decision but because of his experience. He’s a Harvard grad. He worked at a major law firm. He was involved with the Watergate prosecution team. He was appointed by President Bill Clinton in 1994. So, he’s been at the federal court bench almost thirty years.

    You don’t say no to a federal court judge that’s been there for a year. He’s been there for twenty-eight, I believe. Certainly, it’s a really great force that we have, and if the federal government wants to reckon with it, then Judge Koeltl will definitely be on our side.

    Listen, he’s very unbiased. He very professional. He’s unbelievably experienced. Nothing is going to slip past him. So, we’re lucky we have a judge with such experience and stamina.

    GOSZTOLA: The last thing I’ll ask, I think we have to make clear that you’re not on Julian Assange’s legal team. You’re representing these people that are coming before court or will come before the court and argue that their privacy rights were violated and present the evidence as best possible. But that extradition case and the potential for Julian Assange to be put on trial in the United States is going to be a backdrop and could potentially be happening at the same time that this moves through the court.

    Is there anything that you want to say about this dynamic and what it means for your lawsuit?

    ROTH: You hit it on the head. There’s not much more to say except that, think about this. If the CIA is in Assange’s conference room, listening in on conversations that he had with his lawyer for that case—Remember, years ago he brought a very experienced DC lawyer to help him defend against this indictment, which was released three years ago, but it was sealed initially.  

    Could you imagine if the CIA, the government prosecuting Assange already has conversations between Assange and his lawyer? And even documents? So, there really is a stink to it.

    In the other case, we don’t represent Assange in the other matter, but I have even as a lawyer and American, I have a problem with the government going in and actually taking information against if you will its adversary in that case.

    We’ll see how it plays out. I’m not sure what’s going to happen. He’s probably going to be extradited. He’ll probably be tried in Virginia. It is a very complicated case. It’s a difficult case. The First Amendment cries out in that case. So, we will see what happens in that case, and this is somewhat intertwined to the extent that the government, his adversary, went and took information from him—which is a subject matter of this case—for that case.

    GOSZTOLA: It’s kind of intertwined because your lawsuit is going to hopefully succeed in proving even more than we already know. That the CIA was connected to this private security company. I think it’s like a half dozen or so people. It’s a small outfit that was engaged in providing the security for the Ecuador embassy.

    But hopefully we’ll be able to actually, truly through your lawsuit connect that, and then I imagine even though that’s not the goal of your lawsuit immediately, it might open some doors for the Assange defense because they’ll be able to introduce that into their evidence.

    In fact, I imagine the cases move in the same way that the extradition proceedings have in some ways been affected and influenced periodically by what’s happening in Spain. Just because you cannot separate these issues. Like you’re saying, if the CIA is targeting the person who the US is trying to prosecute, it’s hard to believe that you could get fair justice.

    ROTH: That’s exactly right. And we will see how this plays out. They’re very important cases, both of them, in our country. They have tremendous significance. Listen, we all believe in the CIA and its powers, and we believe it’s a necessity to know what’s going on in Ukraine and Russia, to know what’s going on in the Middle East. But every federal government, every organization, every branch of government has to stay within its boundaries. And our lawsuit really tests those boundaries to see whether or not the government, the CIA in particular and Mike Pompeo, are really going way over the line.

    GOSZTOLA: You mentioned that your judge was involved in the Watergate prosecution, and it seems like we’re looking at similar excesses here. And so, it’s not unheard of. Americans are pretty familiar with the periods in history when their government agencies acted out of line, crossed into trampling on rights, and they know that it’s the job of people, whether it be attorneys, journalists, or elected representatives, judges and courts, to rein those people in.

    ROTH: That’s right. It’s interesting. It’s not going to be easy. We’re going to have a lot of obstacles. We’re going to have a lot of road blocks. But we will get there.

    The post Attorney: Plenty To Uncover On CIA-Backed Spying That Violated Privacy Of Assange Visitors appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter and first published at TheDissenter.org. Become an annual paid subscriber to help us continue our independent journalism.

    In the United States government’s case against WikiLeaks founder Julian Assange, prosecutors claim that he communicated with US Army whistleblower Chelsea Manning through an encrypted chat client known as Jabber.

    Prosecutors highlight several alleged exchanges between Manning and a username, or handle, associated with Assange. Yet they have never been able to definitively prove that Manning was chatting with Assange, and Manning’s new book, README.txt, further complicates their case.

    Manning recalls in February 2010 that she told a chat room with individuals she believed to be associated with WikiLeaks that they could expect an “important submission.” She received a response from someone with the handle “office,” who changed their handle to “pressassociation.”

    At this time, Manning had prepared what became known as the “Collateral Murder” video for submission to WikiLeaks. The video showed an Apache helicopter attack in Baghdad by US soldiers that killed two Reuters journalists, Saeed Chmagh and Namir Noor-Eldeen, and Saleh Matasher Tomal, a good Samaritan who pulled up in a van and tried to help the wounded.

    “We eventually began to talk on another encrypted chat client, Jabber, and I saved the person in my contacts as ‘Nathaniel Frank,’ a decoy that was an homage to the author of a book I’d read the previous year (Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America),” Manning writes.

    Consistent with the statement she delivered during her court-martial in February 2013, she adds, “I never knew for sure who the real person was behind the ‘Nathaniel Frank’ handles. Over time, and from the role he played in the chat room, I came to understand this was an important person in the group.”

    “I guessed it was likely Julian Assange, or maybe Daniel Schmitt (now known as Daniel Domscheit-Berg), another central figure in WLO [WikiLeaks]. Or else it was someone representing them. To this day, I can’t say with absolute certainty who it was; that’s the point of having a handle online, of course. There are no driver’s licenses presented in the hacking world.”

    Manning mentions that she used a “random name generator” to get her handle: DawgNetwork.

    Do you support independent journalism? Then leave us a tip 

    ‘Without Reference To The Specific Moniker’

    In the indictment against Assange, prosecutors state, “No later than January 2010, Manning repeatedly used an online chat service, [Jabber], to chat with Assange, who used multiple monikers attributable to him.”

    “The grand jury will allege that the person using these monikers is Assange without reference to the specific moniker used,” according to the indictment.

    This illustrates the intent of US prosecutors to rely upon circumstantial evidence to tie Assange to the account, like they did during Manning’s court-martial. However, as was true during the court-martial, the government still cannot prove Assange was the WikiLeaks associate chatting with Manning under a “specific moniker.”

    During a four-week extradition hearing in September 2020, Assange’s legal team had Patrick Eller, a command digital forensic examiner responsible for a team of more than eighty examiners at US Army Criminal Investigation Command headquarters, provide testimony to the UK district court. He had access to the court-martial record.

    Eller said that he was unable to find any evidence that linked Assange to the “Nathaniel Frank” account.

    Now, in a government affidavit from 2019, assistant US attorney Kellen Dwyer claimed the US has a witness that the FBI interviewed in 2011, who will testify that Assange used the pressassociation account. The witness is a woman who was “romantically involved” with Assange and met him in Berlin in 2009.

    Dwyer also indicates that Siggi Thordarson, an FBI informant from Iceland who is a diagnosed sociopath and serial criminal, will testify that Assange used “pressassociation” as “one of his online nicknames.”

    None of this featured in the extradition proceedings, and Crown prosecutors did not contest Mark Summers QC, an Assange attorney, when he had Eller address the lack of proof that Assange used the account that chatted with Manning.

    Prosecutors subpoenaed Manning to testify before a grand jury in January 2019, and they likely hoped they could coerce her into answering questions about her chats with this particular account. But Manning was steadfast, maintained her grand jury resistance for nearly a year, and prosecutors were never able to elicit any testimony that could be used against Assange.

    Her book should help Assange’s legal team establish reasonable doubt that Assange used the name, especially if they can show that other WikiLeaks associates had access to the account for chatting with potential sources.

    Contesting The US Government’s Theory In The Assange Case

    The US government’s theory of the case against Assange depends upon a narrative that involves Assange recruiting Manning to leak documents to WikiLeaks. Facts of the case have always conflicted with this conspiracy theory, and Manning raises a few of these facts.

    “[Major Ashden] Fein tried to make it seem like I’d started hunting around explicitly on behalf of WikiLeaks as soon as I got to Iraq. He pointed to a list they posted of they ‘Most Wanted Leaks’ for 2009, and tried to claim that I’d been looking for the Garani video in November, just two weeks after I’d gotten to Iraq.”

    This backfired, according to Manning. “First of all, we has evidence that I hadn’t uploaded the Garani video until the spring of 2010. Second, the video wasn’t even on the ‘Most Wanted’ list. Third, the vast majority of things I’d posted weren’t on it either.”

    “In late March,” as Manning details, searching through the CENTCOM directory for information I needed for my job, I discovered a video of a 2009 air strike in Garani, Afghanistan. More than one hundred Afghani civilians, mostly women and children, were accidentally killed, and the air strike had been covered all over the world.”

    “It was chilling to see death on that scale, and the conclusions of the report that accompanied it were even more disturbing to me than the ones for the video that became known as ‘Collateral Murder.’”

    Manning adds, “What I was saw indelible and awful: graphic footage of women, children, and old people dying the most painful kind of death, a result of munitions containing white phosphorus hitting an extremely flammable structure.”

    She submitted the Garani video to WikiLeaks, but the video was never published. The US government’s report on what resulted in the deaths of so many innocent civilians remains “highly classified.”

    An exchange with “Nathaniel Frank” about the detainee assessment briefs, which were published as the “Gitmo Files,” is highlighted in the book. In the indictment against Assange, this exchange is the first alleged exchange between Manning and the person who prosecutors insist—without proof—was Assange.

    “I asked ‘Nathaniel Frank’—on March 7, the day of the Iraqi elections—what he thought. Were they worth publishing?” Manning shares. “He told me that it probably wouldn’t change much politically, but that perhaps they could be of use to the individual detainees in their legal battles, and that they seemed important for filling out the general historical record of the Guantanamo detainments.”

    What Manning writes aligns with the indictment, although the indictment is more vague. “Manning asked Assange how valuable the Guantanamo Bay detainee assessments would be,” and the account that prosecutors associate with Assange confirmed they had value.

    Manning engaged in chats with “Nathaniel Frank” because she yearned for a personal connection with anyone who would discuss topics that were of interest to her. They exchanged messages on politics and information technology.

    “Soon, we were talking almost every day, sometimes for almost an hour at a time, about a range of topics, not just whatever publications WikiLeaks was preparing,” Manning recounts. “I felt freer to be myself thanks to the cloak of anonymity the encrypted chat provided, and that was a lifeline to me then. It was an escape from the pressure and anxiety of the deployment.”

    “In retrospect, I realize that this meant more to me than it did to ‘Nathaniel Frank,’ and that our closeness was an artificial, circumstantial one. But I so badly needed an escape valve, and some semblance of friendship and trust.”

    This is the first in a series of articles at The Dissenter on Chelsea Manning’s new book.

    The post Chelsea Manning’s Book Further Complicates US Government’s Case Against Julian Assange appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at The Dissenter, a Shadowproof newsletter

    In 2019, longtime national security journalist William Arkin appeared on “Democracy Now!” and spoke out against liberals in the United States who believed the FBI (and CIA) could save the country from President Donald Trump.

    “The FBI, in particular, has a deplorable record in American society, from Martin Luther King and the peace movements of the 1960s all the way up through Wen Ho Lee and others who have been persecuted by the FBI,” Arkin stated. “And there’s no real evidence that the FBI is that competent of an institution to begin with in terms of even pursuing the prosecutions that it’s pursuing.”

    “But yet we lionize them. We hold them up on a pedestal, that somehow they are the truth-tellers, that they’re the ones who are getting to the bottom of things, when there’s just no evidence that that’s the case,” Arkin added.

    Arkin has a proven record of speaking out against perpetual war and challenging the immense power of the national security state. He co-authored the 2011 book, Top Secret America: The Rise of the American Security State and also wrote the book American Coup, which he describes as documenting the “creeping fascism of homeland security.”

    When Arkin appeared on “Democracy Now!”, he had just left NBC News and circulated a letter that criticized the media organization for “emulating” the national security state in the era of Trump.

    I’d argue that under Trump, the national security establishment not only hasn’t missed a beat but indeed has gained dangerous strength. Now it is ever more autonomous and practically impervious to criticism. I’d also argue, ever so gingerly, that NBC has become somewhat lost in its own verve, proxies of boring moderation and conventional wisdom, defender of the government against Trump, cheerleader for open and subtle threat mongering, in love with procedure and protocol over all else (including results). I accept that there’s a lot to report here, but I’m more worried about how much we are missing. Hence my desire to take a step back and think why so little changes with regard to America’s wars.

    I recount all of the above to show you why I setup an interview with Arkin about the Justice Department and FBI’s handling of the investigation into Trump and his possession of documents at Mar-a-Lago. He has the credibility to offer important insights into what pursuing an Espionage Act prosecution against a former US president may mean for the United States.

    Arkin is currently the senior editor for intelligence at Newsweek. He has written multiple reports related to the Justice Department’s investigation into former President Donald Trump’s mishandling of classified information. His reporting revealed that the FBI had an informant, who had knowledge of what documents Trump had in his possession and where they were located. He later reported more details on Trump’s “private stash” of documents.

    In the 30-minute interview, which was recorded on August 19, Arkin outlines the timeline of events, what the DOJ investigation may mean for Trump’s potential 2024 presidential campaign, and why he believes the FBI search of Mar-a-Lago has sparked one of the biggest political disasters in the history of the bureau.

    *Below is a transcript of the interview with minor edits to improve clarity.

    WILLIAM ARKIN: It’s important to just talk about the background of what happened at Mar-a-Lago because this has been going on since Trump left office. So even though most people were not aware, there’s been a battle between the Trump camp and the National Archives since January 2021 about this whole question of what records the Trump administration had taken with them from the White House.

    If you talk to Trump people, they’ll tell you, oh, we had such a rushed departure—and of course the reason is because Donald Trump did not accept the terms of the election—that we by mistake took boxes to Mar-a-Lago. Indeed, in January of this year the Trump camp delivered 15 boxes of presidential records to the National Archives, and it was in the course of that delivery that I think the National Archives came to see that these were not complete sets of records, that there were a lot of presidential records which were still being held by the Trump camp, and they requested additional records.

    And basically this has been going on now since January 2022 this year and that culminated by a grand jury subpoena, which was delivered to the Trump camp in the end of May, and that subpoena basically said here are specific documents and types of documents that we would like you to return and the next step essentially was that three FBI agents and a Justice Department official visited Mar-a-Lago on June 3, and they retrieved some documents. But they also in the process of that inspected the storage room at Mar-a-Lago, where Trump was keeping his presidential materials and recognized that there were additional materials with additional classified information.

    Now the FBI knew that there were additional materials. They asked the Trump [camp] to put better locks on the door of the storage room. They knew that they were there. So when the search occurred on August 8, it was a surprise to most people. Maybe not so much to the people who had been following this back and forth. But it does raise the question as to whether or not what Merrick Garland, the attorney general says, is true, which is did they in fact exhaust all the possibilities for getting the additional documents.

    Now we know that they took 27 boxes of documents from Mar-a-Lago last week. So that’s a total of 42 boxes of documents, and the 27 boxes of documents that they took under this search warrant included 11 sets of classified documents and an additional leather box that they had retrieved that contained top secret sensitive compartmented information.

    Mar-a-Lago (Photo: Government Accountability Office)

    I reported earlier last week that the FBI had a confidential human source inside the Trump camp that essentially let them on to the fact that Donald Trump was secreting additional documents away. And at this point based upon my reporting, it looks like the FBI had two targets in their raid on Mar-a-Lago. One was to retrieve the additional boxes that they knew were in the storage room, and two was to find this stash of documents that Donald Trump was evidently segregating from those 27 boxes, which the FBI concluded as part of their investigation that Donald Trump had no intention of returning.

    I wouldn’t say that the search at Mar-a-Lago was a cover for the fact that they knew that Donald Trump had additional material, but Donald Trump himself has given us clues to the fact that there were two separate searches. Because we know that the storage room was entered. We know that they entered the bedroom in the presidential office. Donald Trump is the one who said that they broke into his personal safe. And in fact when the FBI returned Donald Trump’s passports earlier this week, it was evident that they had gotten them from somewhere that wasn’t the storage room. It pretty much confirmed what Donald Trump had claimed—that his personal safe had been broken into.

    It’s kind of a game of chicken between the FBI and the Trump camp. Right, Donald Trump can’t say, oh, I was secreting away particular documents, and that’s what the FBI is really going after. He’s just going to go on this straight I’ve-been-politically-persecuted line, and that’s what he’s going to stick with. And of course once the Trump camp gets their act together and figures out what they’re actually going to say, the reality is they’re probably going to argue, why did [the FBI] execute the search warrant at all because we were cooperating with the National Archives? And if they had asked us for additional boxes, we would have returned them.

    So, yes, it’s true that Trump has kind of argued they were my private papers. They weren’t belonging to the National Archives. But it’s sort of irrelevant because if you don’t consider what it was that the FBI really going after, you wouldn’t understand why they would have thought it necessary to execute this extraordinary and unprecedented of a personal residence of a former president, which has never been done in our history.

    If you understand that the FBI obviously felt that Donald Trump was not planning to return everything, that they knew from their confidential human source and their investigation that it existed (and more or less where it existed), and that they were concerned that Donald Trump would weaponize that material. And that could be using it for monetary gain or using it as part of his election efforts. We don’t really know the answer there.

    But if you consider all of those, then the search begins to make some sense, even though I think politically it’s been a disaster for the FBI, and as much as the mainstream might be rallying around the FBI and saying, oh, poor FBI, the truth of the matter is that it seems like this is another naive investigation on the part of the FBI and Justice Department that thinks that because we have all of the paperwork in order that it makes sense to execute this but I think in fact it’s probably strengthened Donald Trump’s hand within the Republican Party and also within the electorate, who feel like in fact after six years of investigations if they haven’t indicted him yet that it is persecution.

    And there’s some validity to that. Let’s just imagine for a moment that Bernie Sanders was president, and that the FBI was going after him for six years. I mean people would be screaming bloody murder. Either indict him or stop it. And so I imagine in the coming weeks we are either going to see Donald Trump indicted finally for a peripheral question, which is possession of these documents. Not the content of the documents, but possession of them.

    Or we’re going to see a political disaster in the making, which is that everyone is going to rally behind Donald Trump within the Republican camp and basically say this is an outrageous act on the part of the Biden administration, even though I believe that it didn’t have political overtones to it or undertones to it. That they inadvertently stepped into something like the Mueller investigation or like Comey talking about Hillary Clinton’s emails, where they just didn’t understand what the political fallout of their actions were going to be.

    FBI Director Christopher Wray (Photo: Federal Bureau of Investigation)

    KEVIN GOSZTOLA: What is your assessment of the divisions or factions or the nature of the FBI or Justice Department—not necessarily just right now but in the FBI or Justice Department up to this moment—and their relationship to Donald Trump?

    Because I think it’s so important for people to know the deeper context, and since you’ve done this reporting on administrations for so long, how extraordinary it was that they had such a different posture to the president than some of the more recent previous presidents in history. Because this relationship is completely unlike Obama. It’s completely unlike George W. Bush. It’s completely unlike what we have with Joe Biden. There’s no reason for antagonism to exist between those prior presidents.

    ARKIN: Well, we’ve never had a Donald Trump before. That’s the most important ingredient here. The FBI has always been a political organization, though it would like to portray itself as not one. During the civil rights era or during the communist scare of the 1950s or doing the period of time where it was basically persecuting those who were against the war in Vietnam, etc, the FBI has always hewed in the direction of being a right-wing institution with an antagonism towards the left.

    With Donald Trump, the shift began to be apparent that the FBI, in fact, had a lot of people within its ranks who were anti-Trump. In fact, the long bipartisan era of the FBI was over. We live in a topsy-turvy world where the Rachel Maddows of the world are cheering the FBI on and the right-wing hates them. That’s unprecedented in modern history, that the left somehow thinks that the CIA and FBI are going to protect us from Donald Trump rather than the right [supporting these agencies]. Even like the left is quasi-cheerleaders for perpetual war and for the continuation of the war in Syria and for the war in Ukraine, etc. Whereas the right is much more of a traditional American isolationist entity.

    Look, Donald Trump isn’t smart enough to articulate and/or represent the actual currents, which exist within American society, but there are currents that exist within American society. It’s Washington DC, and the New York bubble and the LA bubble versus the rest of the country, or urban versus rural. Whatever way you want to describe it. Donald Trump was elected because of that divide. Because of that increasing divide between officialdom and the rest of the American population.

    So the FBI, which has always been seen in the mainstream’s eyes as being a neutral party, became a very political party. They just did. They became a political party. And at the same time that Barack Obama was being criticized during the 2016 presidential election cycle for not doing about the accusations vis a vis Russian collusion and Russian intervention—Obama said, well, I’m not going to do more because I don’t want to put my finger on the scale of the election. It’s up to the American people to decide who is the next president.

    But they wanted the FBI to put their finger on the scale, and that was what happened when Comey had a press conference right prior to the election and stated Hillary [Clinton] broke the law but we’re not going to indict her. That just pissed everybody off on both sides, but most importantly, what it did was introduce the idea that Hillary Clinton was a lawbreaker and hadn’t been held accountable whereas Donald Trump was being accused of being lawbreaker and people were assuming that he was guilty.

    I’m sorry. I live in a country where I still believe innocent until proven guilty. Donald Trump is innocent. He’s innocent of claims of collusion. He’s innocent of claims of cooperation. He’s innocent of all these claims until he is proven guilty. So while we might be comfortable in the mainstream saying Donald Trump’s lies about the election—I mean, listen to NPR. They say it in that way, and it should be Donald Trump’s claims about the election. By saying the word lies, you are already declaring what your political position is. That’s not impartial journalism as I understand it to be.

    So Donald Trump is innocent until proven guilty, and now this search warrant has been executed. I hope as a citizen that either the Justice Department brings charges against Donald Trump or it starts to reevaluate whether it continues to spend its resources and our money in going after this guy.

    GOSZTOLA:
    Let me ask you a few specific questions. Do you actually believe that this is a mistake on Donald Trump’s part that he has these boxes? I seem to get from the way you are setting up the timeline that that seems like a very convenient excuse at this hour. Have you seen any evidence that they really made this mistake with this many boxes of documents?

    ARKIN: I mean, Melania’s shoes might have taken 42 boxes themselves. We don’t know how many boxes were actually removed from the White House in that six-hour period on January 20.  But I think it’s important that you think because Donald Trump screwed up and didn’t have a normal transition and boxes ended up going to Mar-a-Lago that shouldn’t have gone to Mar-a-Lago, it doesn’t mean it wasn’t Donald Trump’s fault. I mean, this is his trick, right? They were sent by mistake, but if it had been a normal transition, they wouldn’t have been sent by mistake.

    You have to ultimately say that this falls on Donald Trump in terms of what direction was given to the White House staff and his subordinates in terms of preparing the White House for the Biden administration to come into the office. So, yes, I can see that the documents might have ended up in Mar-a-Lago by mistake, but the mistake is that Donald Trump didn’t accept the results of the election and didn’t facilitate an ordinary transition.

    Why it’s so important then to see the decision-making on the part of the FBI and the Justice Department about this extraordinary search is that it obviously has to be about something bigger than just run-of-the-mill secrets. And I know that some people will think, well wait a minute? Top secret documents are documents that could cause exceptionally grave damage to the United States. But I’ve been in this business a long time, and I also am a former intelligence officer in the US military, and I can tell you there’s a heckuva lot of top secret documents that have no meaning outside of just the source of information that is just describing what we know.

    A lot of this [information] is classified because of the possibility that its release would divulge intelligence sources and methods, and some of those intelligence sources and methods, such as our satellite capabilities, are well-known anyhow. But I understand that people have this idea that somehow Donald Trump stole secrets, when I’m kind of doubtful that there was really much material that was in there that was intentional or detrimental to US national security in a specific way.

    However, we know that Donald Trump during his entire presidency took documents to his residence, asked for copies of documents, ripped pages out of documents that were delivered to him, squirreled away documents that were interesting to him, and those documents dealt with everything from Russiagate and the political travails of Donald Trump to nuclear capabilities of Iran and North Korea and possibly even Russia and China. So we know that it’s a wide variety of documents—things that Donald Trump found interesting. That’s basically this leather box or this separate stash of documents that were in his personal safe, and that was really the focus.

    I think in the end people will be surprised that it’s not really an argument about the sensitivity of the documents per se. It’s just about the documents. It’s just about the documents. They don’t need to argue that the documents are highly classified or whatever. That’s terminology that we use in the news media. And it’s kind of bullshit.

    If Donald Trump just had a bunch of personal letters that belonged to the National Archives under the Presidential Records Act, they would still be making the same arguments as to why we need to retrieve those letters from the Trump camp. So I think it was really only in the case of documents that they thought that Donald Trump had personally segregated—and might use in the future, that were the ones that they were concerned about.

    Photo: Trump White House Archives

    GOSZTOLA: That’s the problem, right? We get this from your reporting. It does a good job of communicating this. It doesn’t seem like the FBI is moved to conduct the search just because Donald Trump has [these boxes]. Because we see the ongoing conversations with representatives over returning the boxes. But there’s something about the stash. There’s some kind of fear that they have that he’s going to do something with the documents that he has privately, and obviously, we’re at an important point in time.

    There’s a Trump circus, but there’s also an election circus. We are dominated from 2023 to November 2024 will be primaries and general electon, wall-to-wall media. And you know this better than anyone having survived alongside it—how much elections dominate and overshadow important national security journalism and other stories that should be given attention rather than this horse race coverage.

    It’s hard not to think based upon what you’ve been reporting that there is some motivation that, okay, we have a small window of time to do this before Donald Trump might start his campaign. And also these documents, as your sources told you, [Trump] is going to weaponize this information.

    So I think it’s worth asking you what your assessment is of the Russiagate counter-investigation. That is the investigation into the people who were investigating Donald Trump and the abuses of power that they were alleged to have committed by people who were empowered, like Durham, to investigate these people and what was happening. There have been some things related to Carter Page, and there’s been some isolated examples. [The Trump camp has] tried to craft a narrative that people within these institutions were trying to, as they would put it, take down Donald Trump. That’s how they present it to the American people.

    If the FBI is going in there to take this stash of documents, and it is proven out that there are documents related to the Russia investigation that Donald Trump was keeping because he thought they exonerated him or whatever, that seems pretty bad as far as the FBI and the idea that it’s supposed to be a neutral institution. I mean, obviously, historically it’s always acted politically. But if the FBI is going above and beyond to seem like it’s not a political organization, how do you green light a search when it is going to be so patently obvious later that you are taking this step?

    ARKIN: Let’s talk about it in the context of 2024. First of all, we have to understand that what was been revealed as result of the 2016 election and Russiagate is that there was FBI wrongdoing. Whether you consider minor or not, the truth of the matter is that we’ve had FBI agents go to jail already for falsifying FISA applications, for using official email and text to campaign against Donald Trump as a candidate, and even people who were involved in the investigations who are supposed to be neutral parties essentially declaring that they are anti-Trump.

    I don’t take from that that it’s big or little. I don’t want to quibble about whether or not the FBI is or isn’t pro- anti-Trump, but what we see is they make mistakes. Tons of them. This is not a perfect institution. We should stop seeing it as a perfect institution.

    If you understand that this is a flawed institution, where the lawyers are saying, well, you can do this, you can do that, and you can do this and you can do that, and now the FBI has to decide are we publicly going to be able to do this, that the reality in the end is the FBI seems to operate on the idea that if the paperwork is immaculate that the political consequences are going to be neutral. That’s where the FBI has gotten it wrong over and over again. The paperwork can be immaculate, and yet they can be doing exactly wrong thing politically.

    If I’m a smart Justice Department official, I’m going to say we got to let the chips fall where they may. If the raid on Mar-a-Lago helps Donald Trump, we still have to do what’s legally correct to do. Now you might ask, well, did they exhaust all the possibilities in talking to the Trump camp? Did they absolutely have to do this? What evidence did they have that Donald Trump was going to weaponize the information? Was there some imminent reason for them to have to do it now? Etc etc.

    In the end, if I’m a Justice Department official appearing before the news media, I might answer every question that I understand that you are arguing the political consequences, but our job is to enforce the law. And Donald Trump was breaking the law, and we needed to enforce the law and it took us this long to get to the place where it was obvious that Donald Trump was not going to return the material that he had in his possession.

    All of this is going to come out in the coming weeks or months, but whether or not it is going to benefit Donald Trump in this election cycle, and then specifically, in 2024, we’ll have to see. I’m fearful that the effect of this is going to be that more people will lose respect for the government. More people will see Washington as persecuting Donald Trump, and that the Biden administration and the Biden Justice Department are not going to be able to get off that merry-go-round and that’s going to add to the Trump camp’s constituency.

    We already see that prominent Republicans from all walks of life except for two people on the planet (Liz Cheney and Adam Kinzinger) have all rallied behind Donald Trump on this issue. I would say that this is perhaps one of the largest crises in the FBI’s history. They may not understand it themselves. They may have made mistakes here in what they did, and they may have been legally justified to do what they did. But politically I believe it will be seen as a disaster.

    GOSZTOLA: Finally I want to put to you the issue of the Espionage Act being part of the conversation. A lot of my work has been watching and monitoring and covering the developments in individual Espionage Act prosecutions over the last decade-plus. Those individuals and their attorneys would also say that they were charged for materials that would not cause exceptionally grave damage, and yet the book was thrown thrown at them and they had their lives ruined and their careers ended. So why shouldn’t the same be true for Donald Trump?

    I think it presents a crisis. I think it’s part of this crisis of the liberals and the Democratic Party establishment really feeling strongly about pushing forward with whatever the Justice Department is about to do. What’s your sense of the risk if Donald Trump were to be charged with violating the Espionage Act?

    You’re talking to people about the potential charges that could be brought. Is this even a distinct possibility? You said unlawful possession, which can be within that law. But there are other laws. Do you think it would be a more minor law to keep the Espionage Act out of the conversation?

    ARKIN: We now know that the Espionage Act was only being referenced because of section 793(d) of the Espionage Act, which is an area of the Espionage Act that deals with if you are in possession of classified documents and the federal government asks you to return them, and you don’t return them, you’re in violation of 793(d) of the Espionage Act.

    It’s called the Espionage Act, what it’s been called since 1917, but it also happens to be just one of a handful of laws that deal with security classification. The rest of the security classification system exists under executive order. That’s why Donald Trump and his people are arguing that he declassified everything. But it’s not altogether true. Some elements of classified information do fall under statute, such as atomic energy information or information about the identities of CIA sources, etc. Those fall under statute.

    So it’s unfortunate that the Espionage Act is the place where this is contained, this provision about returning classified material in your possession, because it’s abused in a way because we don’t have modern legislation. Perhaps one of the solutions will be that we will finally have a law passed, which will specify what is classified and unclassified information and what is the modern security classification system and where are the authorities and what’s against the law and what’s not against the law.

    That does influence Julian Assange’s problems in the courts. It influences other whistleblowers who have been charged with the Espionage Act, and even if they were not guilty of espionage, as we think of it, they are charged under the Espionage Act. So we need to clean this up because I don’t think that we have a law in a proper way that really specifies what the true state of play is here.

    If I support Julian Assange, I want Donald Trump to spur along a better articulation of what is the actual purpose of the Espionage Act. To have say for instance Julian Assange, a foreign national charged under the Espionage Act—espionage against who? If he committed espionage against Australia, then he should be charged in his own country of his nationality.

    In some ways, if I’m a supporter of Julian Assange, I want to see that Donald Trump helps to clarify what is this law and what it can really be used for. Because in the cases of [Chelsea] Manning, in the cases of Tom Drake, in the case of Julian Assange, I think it’s been misapplied. And in the case of journalism, there have been attempts at various times within our recent past going back to the Reagan administration, where the federal government has sought to use the Espionage Act as a way of suppressing a free press.

    Again, if I’m really interested in the future, I would want to see Congress step in finally and establish an omnibus law that deals with security classification in this country. That’s more important than Donald Trump.

    The post Interview With National Security Journalist William Arkin: FBI Faces Brewing Political Disaster After Mar-a-Lago Raid appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was originally published at our reader-supported newsletter, The Dissenter. Become an annual paid subscriber to help us continue our independent journalism.

    A group of journalists and lawyers, who visited WikiLeaks founder Julian Assange while he was living under political asylum in the Ecuadorian embassy, sued the CIA and former CIA director Mike Pompeo. They allege that the agency under Pompeo spied on them in violation of their privacy rights.

    Undercover Global S.L., a private security company in Spain, and the company’s director David Morales are also named as defendants. UC Global ramped up surveillance against Assange and shared audio and video footage from the embassy with “American intelligence.”

    “The United States Constitution shields American citizens from US government overreach even when the activities take place in a foreign embassy in a foreign country. Visitors who are lawyers, journalists and doctors frequently carry confidential information in their devices,” declared Richard Roth, who is the lead attorney representing the plaintiffs.

    “They had a reasonable expectation that the security guards at the Ecuadorian embassy in London would not be US government spies charged with delivering copies of their electronics to the CIA,” Roth added.

    Two of the plaintiffs are attorneys who have represented Assange—Margaret Rather Kunstler, a civil rights activist and human rights attorney, and Deborah Hrbek, a media lawyer.

    The other two plaintiffs are journalists Charles Glass and John Goetz, who worked for Der Spiegel when the German media organization first partnered with WikiLeaks to publish documents on the Afghanistan and Iraq wars.

    The lawsuit comes around two months after United Kingdom Home Secretary Priti Patel approved the US extradition request against Assange. His legal team has submitted two separate appeals in the UK courts, yet it is increasingly evident that Assange could be flown to the US to face Espionage Act charges that civil liberties, human rights, and press freedom organizations around the world have condemned.

    According to the complaint [PDF] filed in a US court in the Southern District of New York, Glass, Goetz, Hrbek, and Kunstler, like all visitors, were required to “surrender” their electronic devices to UC Global employees hired by Ecuador to provide security for the embassy. What they did not know is that UC Global “copied the information stored on the devices” and allegedly shared the information with the CIA. Pompeo allegedly authorized and approved the action.

    Security required plaintiffs to leave their devices with them, which contained “confidential and privileged information about their sources or clients. This information was copied and allegedly shared with the CIA.

    It is estimated that “well over 100 American citizens who visited Assange at the Ecuadorian embassy” had their privacy rights violated. This includes attorneys who were there to represent Assange, journalists who traveled to interview him, and even doctors who came to the embassy to assess and treat his deteriorating health. Their privileged communications stored on electronic devices were compromised.

    The CIA-backed spying operation began around January 2017 and lasted until UC Global’s contract was terminated around April 2018. By that time, the Justice Department under President Donald Trump already had a sealed indictment against Assange.

    Pompeo allegedly approved the placement of hidden microphones in new cameras at the embassy. He allegedly approved bugging the embassy with hidden microphones. He allegedly signed off on a plan to allow the CIA to “observe and listen to Assange’s daily activities at the embassy.”

    Also, the complaint claims Pompeo approved the copying of visitors’ passports, “including pages with stamps and visas.” He ensured that all “computers, laptops, mobile phones, recording devices, and other electronics brought into the embassy,” were “seized, dismantled, imaged, photographed, and digitized.” This included the collection of IMEI and SIM codes from visitors’ phones.

    Morales did not speak very good English, yet as further evidence that UC Global was working for the CIA, the complaint notes that UC Global employees were given “written technology instructions” for live streaming and audio associated with the surveillance” that were in “perfect English.”

    There was an “external streaming access point” for “American intelligence” sent from the “Venetian Hotel,” or the Las Vegas Sands, the complaint asserts.

    Around January 2017, Morales traveled to the Shooting, Hunting, and Outdoor (SHOT) convention at Las Vegas Sands. The convention was an expo for the private security industry. Security personnel for Las Vegas Sands spoke with Morales and reportedly recruited Morales to spy on Assange for the CIA.

    When Morales returned to Spain, at least one whistleblower from UC Global has said Morales told employees the company was now “in the big league,” and they would be working for the “dark side.” He indicated “the Americans” would help UC Global secure major contracts throughout the world.

    The complaint says former UC Global employees believe the “deal included selling information obtained through the illegal surveillance of Assange to the CIA.”

    Additionally, the complaint claims that CIA handlers in the US were collecting recordings from Morales either through delivery to Las Vegas, Washington, DC, or New York or through transfers on an FTP server at UC Global offices that gave CIA personnel external access to the material.Tip Jar

    Reporting from the Spanish newspaper El País previously corroborated many of the claims in the complaint. Their journalism was based upon primary source materials shared with them by whistleblowing UC Global employees.

    Some of these revelations were part of Assange’s challenge to the US extradition request, but a UK magistrates’ court dismissed the allegations as irrelevant to the indictment from the US Justice Department.

    In September 2021, Yahoo! News published a bombshell report on “secret war plans” against Assange that involved proposals for kidnapping and assassinating Assange after Pompeo became obsessed with the WikiLeaks founder following the media organization’s publication of CIA hacking materials that became known as the “Vault 7” materials.

    Pompeo labeled the organization a “non-state hostile intelligence agency,” and in April 2017, he made it the focus of his first speech as CIA director. “The one thing [current] whistleblowers don’t need is a publisher,” since the internet already enables enough sharing of information.

    During the speech, Pompeo called Assange a “coward,” a “fraud,” and a “narcissist.” He pledged to pursue a “long term” campaign to neutralize WikiLeaks.

    “Assange remained in the embassy in London for 7 years, believing he would face extradition to the US if he left the building,” stated Deborah Hrbek. “He was pilloried as a paranoid narcissist for this belief. As it turns out, he was right.”

    The lawsuit is a Bivens action, which stems from a precedent-setting case that established the ability of US citizens to sue US government officials.

    US courts have been historically reluctant to allow plaintiffs to pursue damages, especially if it involves sensitive national security or foreign policy matters.

    The post CIA, Pompeo Sued For Allegedly Spying On US Attorneys And Journalists Who Met With Assange appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Originally published at Ongoing History of Protest Music

    In 2021, Mádé Kuti built upon the legacy of his father Femi and legendary grandfather Fela with
    the release of his debut album “For(e)ward.”

    The album was released alongside Femi’s eleventh full-length album “Stop The Hate” as part of the aptly titled double album “Legacy +.”

    After completion of a United States tour with his father, Mádé released his latest single “No More Wars,” featuring powerhouse vocals and expert backing from his newly formed band The Movement.

    The tune promotes the need to re-evaluate values and to make a conscious effort to pursue peace, and the stirring Afrobeat anthem works on both a personal and political level.

    “‘No More Wars’ is entirely about temper, control, and focus,” Mádé said. “It’s about experiences I’ve had that taught me to reflect intentionally before I resort to violent acts.”

    “The lyrics are inspired by my father’s consistency in following his path despite dealing with an overwhelming amount of harsh, untrue, and deliberately cruel people inside and outside of his circle,” Mádé added.

    We live in a world that demands righteous indignation, but there is a danger that we may be consumed by anger. When that danger arises, we can remind ourselves of the lyrical refrain that recommends we how to deal with negative energy.

    “So when dem come with dem trouble
    All the negativity dem sabi [they know]
    So when dem come with dem energy
    Close your ears and sing.”

    Listen to Mádé Kuti’s “No More Wars”:

    The post Protest Song Of The Week: ‘No More Wars’ By Mádé Kuti appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • The Federal Bureau of Investigation in the United States raided the offices and homes of members of the African People’s Socialist Party (APSP) and the International People’s Democratic Uhuru Movement.

    At 5 am in the morning on July 29, FBI agents in St. Louis, Missouri, targeted the Uhuru Solidarity Center and the homes of 80 year-old APSP founder Omali Yeshitela and the African People’s Solidarity Committee chair Penny Hess. FBI agents simultaneously busted into the Uhuru House and the group’s radio station Black Power 96.3 LFM in St. Petersburg, Florida.

    FBI agents told Yeshitela, the founder of the APSP, that they raided his home in north St. Louis because they had indicted a Russian national named Aleksandr Ionov.

    Ionov is a Moscow resident who the U.S. Justice Department claims engaged in a campaign to “influence” U.S. political groups and “interfere” in US elections. He founded a group called the Anti-Globalization Movement of Russia that hosted international solidarity conferences, which Yeshitela attended.

    No one allegedly connected to Ionov was charged with a crime nor were they issued a grand jury subpoena.

    Members of the Uhuru Movement and various leaders of other solidarity groups condemned the FBI raids as a continuation of the history of attacks on Black activists, like Fred Hampton, Mark Clark, and Marcus Garvey, as part of COINTELPRO under FBI Director J. Edgar Hoover.

    Armed FBI Agents Deploy A Drone And Flash-Bang Grenades

    Uhuru is the Swahili word for freedom or independence, and the Uhuru Movement was founded 50 years ago to complete the Black revolution of the 1960s. Its organizers are involved in the global struggle against white colonialism in the US that goes back centuries. They engage in campaigns for reparations for slavery and education and community development in areas impacted by structural racism. 

    As Yeshitela recalled, he was in his home with his wife and organizer Ona Yeshitela, when FBI agents alerted them to their presence with a loudspeaker. They were instructed to come out of their home with their hands up and nothing in their hands.

    While talking through the loudspeaker, FBI agents set off flash-bang grenades in the neighborhood. They broke a window to the basement.

    Omari led the way down the stairs with his wife following him, and as Ona shared, “This big ol’ drone met me coming down the stairs, like it’s going to attack me.”

    “When I get outside, what I see is that there was an armored vehicle in front of the house. There are combat-clad FBI agents all over the place carrying automatic weapons. They not only are in front of the house. They are occupying the porch and the yard of the neighbors next door. And this is a really poor and economically depressed community what we live in,” Omari said.

    FBI agents handcuffed and detained Omari and Ona. Both were instructed to sit on a curb, but they refused.

    Omari was then told that they apparently had a search warrant related to the indictment of a Russian national and somehow his name and his wife’s name were linked to this person. But FBI agents would not show him a search warrant.

    It became clear to Omari that the FBI agents did not intend to arrest him, and this was all a “big show” for those in the community who were watching.

    Ransacking The Uhuru House And The Group’s Solidarity Center

    Omari told the press the FBI agents seized their cellphones and took all of their devices, computers, and other electronics in their home. They also put tape over a doorbell security camera so his neighbors would not have footage of the raid. 

    FBI agents used a battering ram to bust down the door of the Uhuru House, which is the movement’s office in St. Petersburg, and Omari claimed a 40-year archive on the movement was seized by agents.

    A report from the Associated Press indicated, “Akile Anai, who describes herself as director of agitation and propaganda for the African People’s Socialist Party, said agents searched her car and took her cellphone and laptop computer on Friday in addition to raiding the Uhuru House.”

    The African People’s Solidarity Committee operates out of the solidarity center in south St. Louis. It is the white arm of the Uhuru Movement that goes “behind enemy lines” to enlist support for black liberation in white communities. They have organized for decades.

    “[The FBI] took a battering ram. They also had drones,” when they raided the solidarity center and an apartment above the center, according to Penny Hess, the white chair of the African People’s Solidarity Committee.

    Jesse Nevelsky is the white national chair of the Uhuru Movement, and he lives with his partner in the apartment above the solidarity center. He said local and county police helped the FBI conduct the raid. 

    The FBI put Nevelsky and his partner, who also works for the organization, in handcuffs and moved them out of the building while six or seven FBI agents pointed assault rifles at them.

    “Then they took five and a half to six hours to ransack both the solidarity center and the apartment upstairs and took computers, cellphones, hard drives, files, notebooks, and a whole long list of things,” Nevelsky shared. 

    ‘All The Makings Of A Witch Hunt’

    On September 24, 2010, the FBI raided the homes of 23 antiwar, labor, and international solidarity activists in Chicago, Minneapolis, and other parts of the Midwest. They were issued grand jury subpoenas and informed they were under investigation for “materially supporting” foreign terrorist organizations.

    The FBI targeted the activists for their solidarity work with organizers in Colombia and Palestine. They later learned an undercover FBI agent infiltrated their group and attempted to entrap them. None were ever charged with any crimes.

    Like the raids against the Uhuru Movement, FBI agents seized notebooks, family photos, membership lists for antiwar groups, and other political documents.

    The activists formed the Committee to Stop FBI Repression, and along with the National Alliance Against Racist and Political Repression in Chicago, they put out a statement condemning the latest FBI raids.

    “We oppose all efforts by the U.S. government to target activists in any progressive movement in this country. We call for an end to investigations, political harassment, and threats against activists and our movements,” the groups declared

    “The DOJ is alleging that those raided collaborated with a ‘Russian asset’ to spread ‘Russian propaganda.’ At a time when the US is engaged in an imperialist proxy war with Russia in the Ukraine, these raids have all the makings of a witch hunt.”

    The Black Alliance for Peace (BAP) also put out a statement against the FBI’s “repression and intimidation tactics.”

    “BAP believes that these raids continue the history of state repression directed against Black people in the U.S.,” the group asserted. “This repression now occurs under the guise of opposing ‘adversary’ nations but regardless of how these actions are characterized, Black people still bear the brunt of surveillance and police violence.”

    “The APSP has the right to freely associate with people around the world, to hold any political beliefs it may choose, and to express them without fear of intimidation, persecution, or prosecution,” BAP proclaimed.

    US Justice Department Alleges Russian National ‘Directed’ Uhuru Movement

    APSP founder Omari Yeshitela attended a conference hosted by Aleksandr Ionov’s organization on September 20, 2015, that was called “A Dialogue of Nations: the Right to Self-Determination and the Construction of a Multipolar World.”

    Yeshitela and other Uhuru Movement members are labeled as “unindicted co-conspirators” in the indictment against Ionov. Particularly, it accuses Yeshitela of entering into a partnership with Ionov while knowing he was an agent of the Russian government.

    One of the other “unindicted co-conspirators” in the indictment is Louis J. Marinelli, who was the founder of CalExit, a right-wing campaign in the style of Brexit that called for California to secede from the United States.

    Marinelli, who is white, was previously linked to the Russian government in US news media reports, but the FBI did not raid Marinelli’s home or the homes of any individuals linked to the secession campaign.

    The indictment maintains that Ionov worked with FSB or Russian intelligence officers to “use members of U.S. political groups as foreign agents of Russia within the United States.” He allegedly “recruited members of various political groups within the United States and other countries, including Ukraine, Spain, the United Kingdom, and Ireland, to attend conferences in Russia.” 

    “The purpose of the conferences was to encourage the participating groups to advocate for separating from their home countries,” the indictment further contends. “At these conferences, Ionov entered into partnership with some of the U.S. separatist groups, including groups from Florida and California.”

    “Thereafter, Ionov exercised direction or control over these groups on behalf of the FSB. Ionov also monitored and regularly reported on their activities to the FSB.”

    But Yeshitela repeatedly stated that he had not received any Russian money, and Ionov never “influenced” the agenda of the Uhuru Movement. “We’re 50 years old. The Russians didn’t create us.”

    Kalambayi Andenet, who is the international president of the International People’s Democratic Uhuru Movement, was even more pointed in her statement. “Don’t insult our intelligence by saying Russia, China, or anyone will lead the African working class to liberation. The African working class will lead our own struggle.” 

    Earlier this year, after Russia deployed its military forces and launched attacks in Ukraine, Yeshitela said he participated in a webinar with Ionov that was titled, “Ain’t No Russian Ever Called Me A Ni**er.”

    The post FBI Targets Black Liberation Activists, Claims Russia Used Them As Pawns To Spread Propaganda  appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • The following article originally appeared as part of The Dissenter Newsletter. Support independent journalism and become a monthly subscriber.

    A federal jury in New York convicted former CIA employee Joshua Schulte of violating the Espionage Act when he allegedly released materials on the CIA’s hacking capabilities to WikiLeaks.

    This was the second trial against Schulte. In March 2020, his first trial ended in a mistrial on several Espionage Act charges, but he was found guilty of contempt of court and lying to the FBI.

    Unlike the first trial, Schulte represented himself and argued his case. He again maintained he was not the source of the leaks published by WikiLeaks.

    The jury deliberated for nearly three days before announcing a verdict. Judge Jesse M. Furman in the Southern District of New York did not schedule a sentencing date because there are other charges pending against Schulte.

    Known as the “Vault 7” materials, WikiLeaks began releasing documents on March 7, 2017. They came from what WikiLeaks described as an “isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence.”

    Documents revealed how the CIA could target iPhones, Androids, and Samsung TVs and convert the devices’ microphones into bugs used to spy on targeted persons. Malware was also developed to infect Microsoft Windows users, and the CIA was “hoarding” security vulnerabilities in software and hardware that they could use for their covert operations instead of notifying companies that users were at risk of being hacked.

    It was one of the largest leaks of information in the history of CIA and a huge embarrassment for then-CIA Director Mike Pompeo, who responded by labeling WikiLeaks a “non-state hostile intelligence agency” and developing “secret war plans” against the media organization that included kidnapping or even killing WikiLeaks founder Julian Assange.

    The US government has charged Assange with violating the Espionage Act, and the UK government authorized his extradition in June.

    Assistant US Attorney Michael D. Lockard asserted that on April 20, 2016, Schulte “stole the entirety of the CIA’s highly sensitive cyber intelligence capabilities.” This occurred just days after the CIA “locked the defendant out of the secure restricted vault-like location on the network.”

    “Shortly after stealing this extraordinarily sensitive intelligence information, the defendant transmitted those backups to WikiLeaks, knowing full well that WikiLeaks would put it up on the internet,” Lockard argued. “In the weeks following this break-in, the defendant took every step he would need to take in order to transmit those files to WikiLeaks. He downloaded a program that WikiLeaks itself recommends to leakers to use to send stolen data.”

    The program Schulte downloaded was Tor, and it is a widely used privacy tool that was supported through funds from the US State Department. He also downloaded Tails, which can be used to make a computer forget websites, files, passwords, and devices and Wi-Fi networks.

    Lockard said, “[WikiLeaks] tell[s] you to use Tails as an operating system that allows you to hide all of your activity.”

    But like Tor, Tails can be used by anyone who cares about their privacy in an age of digital surveillance.

    Lockard cast Schulte as a disgruntled employee and insisted he was known at the CIA for filing “false complaints,” bragging about his access to the classified computer network, and defying his supervisors.

    “The defendant would like to think of himself as a bad ass, but in fact, he is a ticking time bomb, a nuclear bomb, one that was ready to explode at any perceived provocation or disrespect,” Lockard declared. “And in April and May of 2016, the defendant, the so-called nuclear option, set out to lay waste to the CIA’s cyber program, to prove his superiority, and to punish the people who he believed had wronged him. In carrying out that revenge, he caused enormous damage to this country’s national security.”

    But US prosecutors never presented any forensic evidence to specifically tie Schulte to the publication of the CIA hacking materials on WikiLeaks.

    Schulte acted very confident during his closing argument. He insisted that Lockard was “worried about the lack of evidence” because he had told the jury the “lack of evidence is not evidence of innocence.”

    “He’s worried there was no forensic artifact of a log-in to the Confluence server [the server that allowed employees to share information],” Schulte stated. “He’s worried there was no forensic artifact of a copy command. And he’s worried there was no forensic artifact of the transmission to WikiLeaks. And finally, he’s worried there was no forensic artifact of any communication at all between me and WikiLeaks.  He should be worried ‘because that is reasonable doubt.’”

    As Schulte put it, the CIA “had no idea that its crown jewels” were stolen until the material appeared on WikiLeaks. “The CIA was under pressure—I will say tremendous pressure—to find out what was leaked, how it was leaked, and who leaked it. They wanted to hold someone responsible for the leak, and so they began immediately an investigation, an investigation that focused on me.”

    Schulte left the CIA on “bad terms” in November 2016. According to Schulte, “The lead FBI agent admitted that they had not even interviewed a single CIA witness. They had not even finished seizing the DevLAN network [which stored all the source code for hacking tools], let alone actually reviewed it. They had not conducted any investigation at all, and yet I was already the target of their investigation.”

    “Then, within a week, the FBI concocted an impossible theory that the WikiLeaks crime occurred on March 7, 2016, because it was precisely a year before the leaks. That was a day when many other people were at a manager offsite, and I was left alone in the office with no one to see what I was doing. And so the FBI argued I must have stolen the CIA’s files,” Schulte added.

    Frank Stedman, who worked with Schulte, described why he was known as the “nuclear option.” It had nothing to do with someone prone to leaking classified information. He said Schulte did not care about the process for raising complaints. He would not play nice.

    “If there was, like, a project or something that we didn’t want to do or we thought was a bad idea, the joke was that we could bring him into the meeting and he would tell the customer to their face that they were stupid, that their idea was stupid, that we weren’t going to do it,” Stedman testified.

    It came out in testimony during both trials that at one point Schulte expressed views against leaking and suggested that NSA whistleblower Edward Snowden was a traitor who deserved to be executed.

    Prosecutors attempted to stop Schulte from insisting that there was information from the “Vault 7” materials, which was already publicly available. So the government had not taken steps to protect it, and he could not be guilty of violating the Espionage Act. Judge Furman allowed the argument.

    There was scant coverage of both trials from the US news media. Matthew Russell Lee, who publishes to an independent site called Inner City Press, covered the trials—and all hearings in between.

    Schulte was designated for special administrative measures, or SAMs, by Attorney General Jeff Sessions, and Lee successfully won the unsealing of records related to Schulte’s civil complaint against the US government for cruel and inhuman treatment in Metropolitan Correctional Center New York. (The prison shut down as a result of deteriorating conditions in August 2021.)

    Attorney General Merrick Garland has continued to impose the restrictive conditions against Schulte, which prohibit any communications with journalists, require an FBI agent to monitor limited communications with immediate family, and ban him from talking with any inmates.

    While at MCC New York, Schulte complained, “SAMs inmates are locked in concrete boxes the size of parking spaces with purposefully obstructed views of outside. The cages are filthy and infested with rodents, rodent droppings, cockroaches, and mold.”

    “There is no heating or air conditioning in the cages. There is no functioning plumbing. The lights burn brightly 24 hours per day, and the inmates are denied outside recreation, normal commissary, normal visitation, access to books and legal material, medical care, and dental care.”

    Schulte is now confined at the Metropolitan Detention Center in Brooklyn. He has several child pornography charges pending against him that stem from the FBI raid on his Manhattan apartment on March 15, 2017.

    The post Jury Finds Former CIA Programmer Guilty Of Leaking CIA Hacking Materials To WikiLeaks appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • On the latest episode of the “Unauthorized Disclosure” weekly podcast, Andrea Ritchie joins Rania Khalek and Kevin Gosztola for a conversation about organizing for abortion decriminalization in a post-Roe United States.

    Andrea is a Black lesbian immigrant, and the author of the book Invisible No More: Police Violence Against Black Women and Women of Color. She is the co-author of the forthcoming book No More Police: A Case For Abolition, as well as the book Queer (In)Justice. And Andrea is the co-founder of Interrupting Criminalization.

    First, Andrea assesses the terrain for abortion decriminalization as it exists now that the US Supreme Court abolished federal rights to reproductive health care. She comments on the brewing threat of prosecutions against women and medical providers.

    Planned Parenthood in Montana announced they would no longer provide abortion medication to out-of-state patients. Andrea expresses her disgust and frustration with this decision.

    Later in the show, Andrea describes what people can do. Many of the ideas outlined stem from recognizing the connections between struggles for gender justice, migrant justice, economic and racial justice, sex workers’ rights, disability justice, etc.

    Voting harder in November for Democrats is not a priority. Giving to abortion access funds is what people should do. That can be done by donating directly, or Mariame Kaba has this store where you can purchase the shirt Kevin was wearing. Funds support the West Alabama Women’s Center.

    ***RESOURCES***

    Abortion Decriminalization Is Part Of The Larger Struggle Against Policing And Criminalization

    We Must Fight In Solidarity With Trans Youth 

    —July 17 event by the Abortion Access Fund: Operation Save Abortion

    The post Post-Roe Organizing For Abortion Decriminalization: Interview With Andrea Ritchie appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter, a project of Shadowproof. Become a monthly subscriber to help us continue our independent journalism.

    The False Claims Act in the United States allows individuals with evidence of fraud against government agencies to bring lawsuits as qui tam whistleblowers. They can bring a case even if the US Justice Department has no interest in fighting the alleged corruption.

    But on June 21, Courthouse News reported that the US Supreme Court will determine whether the government has the authority to dismiss a whistleblower lawsuit brought under the False Claims Act when the government has declined to intervene in the case. In other words, the Supreme Court could help corporations shut down independent whistleblower lawsuits that the Justice Department does not want to pursue.

    Health care and pharmaceutical corporations, along with their lobbying networks, have ramped up pressure in recent years to stifle the effectiveness of the False Claims Act in holding their industry accountable and prevent the law’s expansion.

    Under President Donald Trump, the National Whistleblower Center reported in 2018 that US government recoveries under the law hit a “ten-year low.” Nearly $2.9 billion was recovered, but only $767 million of that money was a result of lawsuits by the government. Whistleblower lawsuits, however, yielded over $2.1 billion.

    A network of dark money has transformed the Supreme Court into an illegitimate and partisan institution. The same court that overturned Roe v. Wade—ending nearly 50 years of abortion rights—could gut one of the few laws available to private citizens to challenge corporate corruption.

    Pushing Complicit Government Agencies To Act

    President Abraham Lincoln signed the first False Claims Act in 1863 during the US Civil War. It became known as the “Lincoln law.” According to Tom Mueller, author of Crisis of Conscience: Whistleblowing In An Age of Fraud, the law was intended to “stop army and navy contractors from stealing taxpayer dollars but also to push complacent or complicit government agencies to act.”

    The US did not have a Justice Department, Mueller noted. What the “Lincoln law” did was empower individuals to “prosecute fraud with or without the government’s participation.” Offending contractors could be fined $2,000 for each misrepresentation or false claims they made when requesting payment from the government.

    The law was gutted by Congress in 1943 because the Justice Department claimed it did not need the assistance of whistleblowers when prosecutors already knew about the fraud. As Republican Senator Chuck Grassley recalled, this led to “absurd results that only hurt the taxpayer.”Grassley, an advocate for the law, said it “basically meant that all whistleblower cases were blocked, even cases where the government only knew about the fraud because of the whistleblower.”

    In 1986, Grassley helped to ensure that amendments to the False Claims Act were passed to restore power to private citizens to bring whistleblower lawsuits. It ensured that whistleblowers would receive a reward in return for risking their career or legal jeopardy. However, in order to convince President Ronald Reagan to sign the amendments into law, Grassley and other senators had to overcome institutional opposition within the Justice Department.

    Jay Stephens and Stuart Schiffer, two senior DOJ officials, opposed restoring the False Claims Act. Stephens contended the Justice Department was doing a good enough job against defense contractor fraud and a stronger law would hamper their work, according to Mueller.

    “The law,” Stephens said, “was an anachronism from a time when the United States had no central investigative force; now that the DOJ and the FBI existed, most qui tam whistleblowers were parasitic ‘bounty hunters’ who interfered with legitimate law enforcers and ultimately provided little useful evidence of wrongdoing.”

    The counter to Justice Department officials was that the restoration of the False Claims Act was necessary to protect whistleblowers from retaliation. The amendments were needed to prevent a complacent and complicit Justice Department from entering into “sweetheart deals with powerful contractors.”

    ‘Devastating Threat To The Executive’s Constitutional Authority’

    Justice Department officials remained opposed, even though Reagan declined to veto the amendments. In 1989, they argued to the US Supreme Court that the law was unconstitutional.

    Bill Barr, who later became attorney general under Trump, was the assistant attorney general. He contended the False Claims Act represented a “devastating threat to the executive’s constitutional authority and to the doctrine of separation of powers.” He objected to how Congress empowered citizens to help stimulate government action against fraud.

    “There has been a massive upsurge in qui tam actions—over 150 suits have been filed,” Barr cried. “These actions have disrupted the civil and criminal enforcement activities of the Department.”

    “They have also undermined the executive’s ability to administer complex procurement contracts and, in some cases, have caused serious national security concerns. The 1986 Amendments have also spawned the formation of full-time ‘bounty hunting’ groups—ersatz departments of justice—that go about prosecuting civil fraud actions in the name of the United States.”

    Barr was worried about groups representing whistleblowers, who could collect up to thirty percent of any recovery, because their effectiveness put the Justice Department to shame. He was ultimately unsuccessful in persuading the Supreme Court to neuter the False Claims Act.

    However, three decades later, Barr was at it again in his position as Trump’s attorney general. The Justice Department dismissed an increased number of false claims cases for reasons that Grassley believed had nothing to do with the merits of the cases. It seemed prosecutors were intent to discourage whistleblowers and undermine efforts to root out serious fraud.  

    Bloomberg Law reported that the Justice Department moved to dismiss “at least 14 cases involving pharmaceuticals.” Eleven of the cases were brought by the National HealthCare Analysis Group, which alleged “violations of anti-kickback laws that prohibit improper marketing of drugs to medical professionals.” They were viewed as a “bounty hunting” group.

    The National Whistleblower Center called attention to the fact that the Justice Department was attempting to dismiss a case against the pharmaceutical corporation known as Gilead Sciences. A whistleblower accused the corporation of “manufacturing drugs with contaminated ingredients from China” and unusually the Justice Department maintained it would be too costly to pursue the lawsuit.

    Grassley and a bipartisan group of senators tried in 2021 to correct the issue of dismissals by the Justice Department by creating a test. Prosecutors would be required to “identify a valid government purpose and a rational relation between dismissal and accomplishment of that purpose.”

    A whistleblower would then have the ability to challenge a dismissal by “demonstrating that the dismissal is fraudulent, arbitrary and capricious, or illegal.” But Big Pharma succeeded in blocking the amendments from inclusion in the 2021 infrastructure bill that passed. It was a major loss for whistleblowers.

    “By raising false flags about these amendments and locking progress through complex and endless court cases,” the National Whistleblower Center warned, an “anti-whistleblower victory—which could open the floodgates for future attacks on these highly successful whistleblower protections”—was secured by lobbyists.

    Record Settlements And Rewards Under The False Claims Act

    During the past five years, lawsuits against the False Claims Act that are backed by corporate interests have sought to amplify uncertainty around the Supreme Court and lower courts’ interpretation of provisions in the law. Each million spent on these efforts is intended to stall the progress of whistleblowers courageous enough to take a stand against corporate influence and power.

    GlaxoSmithKline, a major pharmaceutical corporation, was hit with a record $3 billion fine in 2012 after marketing their drugs for “unauthorized uses” and cheating the US government’s Medicaid program. The result was a whistleblower reward of $250 million, which four individuals split.

    Faced with “allegations it sold toxic mortgage-backed securities and other financial products” in the run-up to the 2008 economic crash, Bank of America agreed to a record settlement with the US government of $16.65 billion in 2014. Three whistleblowers and one firm shared a $170 million reward.

    Pharmaceutical corporation Johnson & Johnson entered into a $2.2 billion settlement with the US government in 2012 to end a lawsuit involving allegations related to fraud and kickback schemes perpetrated to sell three drugs: Risperdal, Natrecor, and Invega. A whistleblower received a $167 million reward.

    These are just three examples of how private individuals with evidence and knowledge of fraud can pursue a modest level of accountability against corporations, whether Justice Department officials have the political appetite for such action or not.

    The Justice Department’s history of opposition to the False Claims Act does not exactly inspire confidence that the corporate-captured Supreme Court will leave the law alone. If the Supreme Court yet again prioritizes corporations and upends a settled law, their ruling may greatly diminish a tool that whistleblowers have wielded for decades.

    The post US Supreme Court May Take Aim At Whistleblower Protection Law appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter. Become a monthly subscriber to help us continue our independent journalism.

    A British magistrates court ordered the extradition of WikiLeaks founder Julian Assange to the United States and sent the request for his extradition to Home Office Secretary Priti Patel for approval.

    The order came a little more than a month after the Supreme Court of the United Kingdom refused to hear Assange’s appeal.

    In December, the UK High Court of Justice granted the US government’s appeal and overturned a district court decision that spared Assange. Chief Magistrate Senior District Judge Paul Goldspring contended he was “duty-bound” to send the extradition request to Patel. Goldspring also told Assange he had a right to appeal if the Home Office approved the extradition before issuing the order.

    Mark Summers QC, an attorney for Assange, asserted there were “fresh developments” in the case and bemoaned the fact that the defense was not permitted at this stage to raise this evidence, according to Computer Weekly’s Bill Goodwin.

    Assange’s legal team has until May 18 to submit evidence to the Home Office and argue why the department should block the extradition request. In two months, Patel is expected to make a decision.If approved by Patel, attorneys for Assange may request permission to appeal to the British High Court of Justice.

    His attorneys may appeal the decision of the district judge to send the case to the Home Office for approval and may also appeal the Home Office secretary’s order.

    While the defense for Assange objected to District Judge Vanessa Baraitser’s ruling on January 4, 2021, particularly as it related to issues of press freedom, they never had an appropriate opportunity to raise their objections. She denied the extradition request after determining it would be “oppressive” for mental health reasons.

    His attorneys would likely challenge many of Baraitser’s conclusions about Assange if Patel allowed the request. (Note: Baraitser is no longer a district judge at the Westminster Magistrates Court.)

    Assange is detained at Her Majesty’s Prison Belmarsh. He faces 18 charges brought against him by the US Justice Department, 17 of which are under the Espionage Act. All the charges relate to documents WikiLeaks released in 2010 and 2011, which were provided by US Army whistleblower Chelsea Manning.

    The prosecution makes Assange the first publisher to be charged under the 1917 law, and globally the case has been condemned by virtually all reputable civil liberties, human rights, and press freedom organizations.

    Patel and the Home Office support an expansion of the Official Secrets Laws in the UK, which Elmaazi reported “would expand possible imprisonment for leakers, recipients of leaks and secondary publishers–including journalists–from the current maximum of two years to as high as 14 years in prison.”

    The Home Office contends there is no longer much of a difference between “espionage and the most serious unauthorized disclosures.” That includes what Patel would call “onward disclosure.” The department treats journalism as an act capable of “far more serious damage” than traditional espionage.

    In the UK, the Office for Security and Counterterrorism is a part of the Home Office. The division is responsible for MI5 (Britain’s FBI) and anti-terrorism police operations.

    Operation Pelican, the name for the pressure campaign to force Assange out of the Ecuador embassy in London, was supported by the Home Office. But as Declassified UK chief investigator Matt Kennard noted, the Home Office claims it does not “hold” any records containing details related to the operation, even though eight officials from the department were involved.

    Kennard also reported that Patel was on the advisory council for a right-wing group linked to the CIA called the Henry Jackson Society, which has attacked Assange in the press for over a decade.

    “[Prime Minister] Boris Johnson and Priti Patel, don’t extradite Julian to the country that conspired to murder him,” Stella Assange declared. “They can stop this nightmare today and return to Julian to his family. They can do the right thing and enforce Article 4 of the US/UK extradition treaty, which prohibits extradition for political offenses.”

    “This is a political case, and with the signature of the magistrate, this now passes squarely into the political domain,” Stella added.

    “The next four weeks will prove crucial in the fight to block extradition and secure the release of Julian Assange,” stated Rebecca Vincent, the director of operations and campaigns for Reporters Without Borders (RSF). “The Home Secretary must act now to protect journalism and adhere to the UK’s commitment to media freedom by rejecting the extradition order and releasing Assange.”

    RSF, a global press freedom organization, launched a “Free Assange” petition urging supporters to sign on before May 18, the last day Assange can make any submissions to the Home Office.

    The National Union for Journalists (NUJ) in the UK renewed their call for his release from Belmarsh prison and charges to be dropped.

    Assange defense groups and a coalition of civil liberties, human rights, and press freedom organizations will build on prior work and use the next several weeks to ramp up their campaigning. Their intent will be to make the extradition request a political issue in the UK and throughout Europe.

    The WikiLeaks founder will remain in detention at Belmarsh until Patel’s decision and during any appeal.

    The post Dark Day For Press Freedom As British Court Orders Assange Extradition appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter. Become a monthly subscriber to help us continue our independent journalism.

    In the wake of Russia’s invasion of Ukraine, the country has been flooded with weapons and military hardware from Europe and North America.

    An exclusive report published on March 5 by the Washington Post quoted anonymous sources, who claimed the U.S. and its overseas allies were “quietly” prepared to support a Ukrainian government-in-exile. This expatriated administration would “direct guerrilla operations against Russian occupiers” over the course of a “long insurgency” following Moscow’s takeover of Kiev.

    As Russia presses on with their military operation, Western countries are increasingly determined to fuel a counter-offensive in Kiev. There is little consideration or concern for the potentially catastrophic blowback that may result for Ukrainians and the world.

    While opposed to the establishment of a no-fly zone, the U.S. increasingly appears to be directly involved in the conflict against nuclear-armed Russia, which would make U.S. forces legitimate military targets or “co-combatants.”

    The U.S. and its allies could urge Ukraine to enter ceasefire negotiations with Moscow and accept the likelihood that the country cannot become a member of North Atlantic Treaty Organization (NATO) without permanently threatening peace in the region. This would stabilize the global economy to avert a full-blown collapse and prevent the outbreak of another refugee crisis on Europe’s periphery.

    Instead, the U.S. and NATO have chosen Ukraine as a staging ground for a proxy war with Russia, creating an environment that has the terrifying potential to result in nuclear catastrophe. Ukrainians, as well as Russians collectively punished by sanctions against their economy, will bear the long-term impacts of this belligerent brinkmanship.But the strategy will significantly expand the growth prospects for military companies like Raytheon, Lockheed Martin, and Northrop Grumman.

    All-In For Ukraine

    Although the European Union has never supplied lethal aid to any country, Brussels is now providing arms to Kiev worth around $489 million.

    Germany will dispatch 1,000 rocket launchers, 500 stinger surface-to-air missiles, numerous howitzers and armored vehicles, and 10,000 tons of fuel, in contravention of Berlin’s longstanding policy of not exporting lethal weapons to war zones.

    Sweden has also broken with their two-century-long commitment to neutrality, by sending missile systems to Kiev. Neighboring Finland, long-averse to foreign entanglements of any kind, also pledged to provide thousands of assault rifles, rocket launchers, and vast quantities of ammunition.

    Over 20 countries, including Belgium, Canada, Croatia, Czechia, Estonia, France, Italy, Latvia, the Netherlands, Norway, Poland, Portugal and Romania, have shipped arms packages. On top of sending weapons to Ukraine, Denmark officially permitted their population to travel to Kiev and deploy as foreign fighters.

    Ukrainian officials claimed “around 20,000” foreign volunteers, “mostly” from European countries, are now active in the conflict, as of March 6. President Volodomyr Zelenskyy encouraged more to join them.

    From the outset, the Brtish government has taken a leading role in underwriting Ukraine’s war effort. Zelenskyy purportedly views Prime Minister Boris Johnson as his “closest ally,” and the pair have daily phone conversations to coordinate war efforts.

    In the lead-up to Russia’s invasion, Johnson met with Lithuanian and Polish leaders to discuss battle plans, deployed specialist British troops to the region, and provided a welter of anti-tank missiles. London also trained 20,000 Ukrainian snipers.British Foreign Secretary Liz Truss voiced her support for citizens who wish to fight in Ukraine. (Note: The same support has not been shown for Britons, who battled ISIS in Iraq and Syria – several have been prosecuted.)

    Support from Britain pales in comparison to the military investment by Washington. Two days after the invasion, President Joe Biden’s administration approved a $350 million “lethal aid” package for Kiev. Congressional oversight was bypassed to expedite delivery to Kiev. Even prior to the Maidan coup in 2014, Ukraine was a leading recipient of U.S. military aid in Europe and Eurasia.

    Funds provided to Ukraine over the past year surpassed $1 billion, and the White House has since asked Congress for an additional $10 billion, with just under half assigned to the Pentagon to ensure U.S. troops in NATO countries can continue to replenish weapons supplies for the Ukrainian military and volunteer forces.

    As reported in the New York Times, “the U.S. and NATO have pushed more than 17,000 antitank weapons, including Javelin missiles, over the borders of Poland and Romania, unloading them from giant military cargo planes so they can make the trip by land to Kyiv, the Ukrainian capital, and other major cities.”Stinger missiles largely came from U.S. stockpiles in Germany, and one Pentagon official described the shipment as the “largest single authorized transfer of arms from U.S. military warehouses to another country.”

    Though Ukraine has a right to self-defense, Responsible Statecraft warned, “Flooding weapons into what the Global Organized Crime Index describes as ‘one of the largest arms trafficking markets in Europe’ is a recipe for disaster.” The index called attention to “Ukraine’s role as a key link in the global arms trade,” which has “grown since conflicts intensified in eastern Ukraine in recent years.”

    The dimensions of U.S. intelligence sharing with Ukraine are indistinct. Officials have consistently refused to share precise details of what is being shared, when, and with whom. Reporting has suggested some sensitive information, which could facilitate decisive strikes on the Russian military, is being withheld due to Washington’s unwillingness to be seen as a direct participant in the conflict. But Moscow has already declared that any country supplying Kiev with equipment such as fighter jets is considered an active participant.

    ‘Supporting An Insurgency Is In the CIA’s DNA’

    While official permission for Americans to volunteer in Ukraine hasn’t been granted, the New York Times along with U.S. state-funded media outlet Voice of America, have reported approvingly on how scores of veterans of U.S. conflicts, such as Iraq, are flocking to Kiev, often bringing with them military equipment.

    Under normal circumstances, passengers would not be able to carry such items as baggage.

    It seems likely upon arrival at least some veterans will make contact with the large number of “stay-behind” paramilitary units the CIA has since 2015 covertly trained at a secret facility in the southern United States. The facility has taught Ukrainians about the use of “firearms, camouflage techniques, land navigation, tactics like ‘cover and move,’ intelligence, and other areas.” A former agency official spelled out the purpose of this program bluntly: “the US is training an insurgency” to “kill Russians.”

    This program has palpable parallels with “Operation Gladio’,” a clandestine pan-European nexus of NATO, CIA, and MI6-supported fascist guerrilla units, which throughout the Cold War carried out false flag terror attacks, assassinations, and other heinous crimes with impunity for over four decades, as part of a “strategy of tension” to discredit the left, and justify ever-greater security measures.

    Among other atrocities, Gladio operatives were responsible for the August 1980 bombing of Bologna train station, which killed 85 people, including a three-year-old child, and wounded over 200. Members of Gladio’s Italian unit were trained on British soil, and the CIA and MI6 provided the explosives used in the massacre.

    It also bears similarities to U.S. assistance to the mujahideen before and during the Soviet–Afghan War. In fact, such a comparison was drawn by U.S. lawmaker Adam Smith, chair of the House Armed Services Committee, after legislation to establish a “Ukraine Resistance Fund” was drafted.

    Writing in Foreign Affairs the day after the war began, four-decade CIA veteran Douglas London prophesized a “coming” insurrection, very much along Soviet-Afghan lines. (Note: Foreign Affairs is published by the Council on Foreign Relations, a think tank headquartered in New York.)

    Acknowledging the far more powerful Russia “can likely seize as much of Ukraine’s territory as it chooses,” it conversely argues a well-financed and armed insurgency with “reliable supply lines, ample reserves of fighters, and sanctuary over the border can sustain itself indefinitely,” and in the process “sap an occupying army’s will to fight, and exhaust political support for the occupation at home.”

    “Supporting an insurgency is in the CIA’s DNA,” London wrote. “The CIA’s recent experience in supporting and fighting insurgencies in Afghanistan, Iraq, and Syria prepares it well for opposing Russia’s modern conventional forces,” London added. “The U.S. can help Ukrainian insurgents in hitting targets with the greatest military value and psychological impact.”

    A Veritable Tinderbox

    Backing the mujahideen is widely venerated by U.S. foreign policy apparatchiks and nostalgically hailed as the decisive blow that destroyed the Soviet Union. Speaking to MSNBC  on February 28, twice-failed Democratic presidential candidate Hillary Clinton stated this was “the model that people are now looking toward” in respect to Ukraine, as “armed insurgency basically drove the Russians out of Afghanistan.”

    “The day that the Soviets officially crossed the border, I wrote to President Carter: We now have the opportunity of giving to the USSR its Vietnam war,” the strategy’s architect Zbigniew Brzezinski bragged in 1998. “For almost 10 years, Moscow had to carry on a war unsupportable by the government, a conflict that brought about the demoralization and finally the breakup of the Soviet empire.”

    However, the Afghan fighters’ role in the USSR’s disintegration is considered by many historians—and Melvin Goodman, chief of the CIA’s Office of Soviet Affairs during this period—to be hugely overrated, if not an outright fantasy. What the policy primarily achieved was a wantonly protracted and bloody quagmire, in which thousands of people died needlessly.

    The very same horror is likely to play out in Ukraine too. Zelenskyy has armed Ukrainian citizens and circulated instructions for making Molotov cocktails, urging the public to hurl improvised explosives at the invading Russians—potentially putting civilians’ lives at risk by making them military targets.

    In one instance, this encouragement purportedly resulted in a battery of BM21 Grad MLRS inadvertently detonating and devastating the surrounding area. In another, a Ukrainian woman who flung a Molotov cocktail at a Russian army vehicle from a moving car set herself on fire in the process.

    Add to this incendiary mix an influx of foreign fighters, one of whom told NPR of their desire to “hang from lamps as many Muscovites as I can,” and Ukrainian authorities releasing inmates with military experience from prison to fight invasion forces.

    In sum, the country has been transformed into a veritable tinderbox, primed to explode in a gruesome manner.

    When civil war erupted in Tripoli in 2011, London offered an “open door” to Libyan exiles residing in the country – including members of MI6-connected Al Qaeda-affiliate Libyan Islamic Fighting Group. These fighters proved pivotal in the brutal overthrow of Muammar Gaddafi, and remained in Libya for years thereafter. In 2014, several were rescued by a Royal Navy vessel due to a “deteriorating security situation.”

    Among the evacuees was Salman Abedi, who in May 2017 perpetrated a suicide bombing in Manchester Arena, killing 22, injuring over a thousand, and leaving hundreds suffering from psychological trauma.

    The EU estimates that up to seven million refugees will be created by the war in Ukraine. That number likely does not account for a future where an insurgency turns the war into a “ten year event.”The world can expect some who flee and take up refuge in Western countries will be battle-hardened and embittered former guerrilla fighters, like Abedi.

    Clearly, Western countries are averse to learning the lessons that should be learned from previous protracted wars. No matter the global consequences, London and Washington will fight to the last Ukrainian.

    The post Arms Flood Into Ukraine As US, NATO Pursue Proxy War Over Peace appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter. Become a monthly subscriber to help us continue our independent journalism.

    Months of frenzied speculation about an imminent Russian invasion of Kiev by Western journalists, think tanks, and politicians culminated on February 15 with Moscow reducing its military footprint near Ukraine’s border.

    The withdrawal came one day beforePresident Joe Biden’s administration inexactly forecast a phantom incursion.

    Panic was stoked to a perplexing degree. Atlantic Council representative Melinda Haring declared on February 11 that Russian President Vladimir Putin had “big weekend plans” forthcoming in Ukraine, including cutting off the nation’s power and heat, knocking out its entire navy and air force, killing a number of general staff in order to install a pro-Russian president, and resorting to “full-scale military invasion if Ukraine doesn’t give in.”

    When none of this came to pass over the weekend, Haring meekly claimed emotions were “running high,” and she’d “let them get the better” of her. She said she would be “more judicious” in future.Still, Haring complained of “Russian trolls,” and as Russia withdrew forces, she conveniently reframed the narrative. “We’ve been so focused on Russian troops and tanks that we missed Moscow’s strategy: strangle Ukraine’s economy and sap the resolve of its people.”

    Almost as baffling and bizarre was British Foreign Secretary Liz Truss boldly asserting on January 22 that London possessed “information” indicating Moscow planned to forcibly install a puppet government in Kiev. Forces would invade Ukraine and mount a coup through the help of a quintet of Ukrainian politicians with alleged links to Russian intelligence.

    “The information being released today shines a light on the extent of Russian activity designed to subvert Ukraine, and is an insight into Kremlin thinking,” Truss stated.

    An Illogical Coup Leader

    When asked to substantiate the claims, British officials were at a loss, and also refused to clarify how the information was obtained and verified.  

    These claims rapidly circulated. The New York Times praised Britain’s reckless inflaming of a highly volatile situation as “muscular.” But the media also acknowledged Truss “provided no evidence” to support the bombshell allegations.

    In an ironic twist, Yevhen Murayev, a former Ukrainian MP named by London as the Kremlin’s pick for President, expressed amusement and dismay.“You’ve made my evening. The British Foreign Office seems confused,” he told the Observer while laughing. “It isn’t very logical. I’m banned from Russia. Not only that, but money from my father’s firm there has been confiscated.”

    Two days later, London followed the US lead in withdrawing its embassy staff from Kiev. Yet hours later, a senior European diplomat made clear European Union member states would not withdraw, adding snidely there was no need to “dramatize” the situation while talks with Moscow continued.

    The Washington Post added to the confusion on January 29 when they quietly revealed that intelligence underlying Truss’ shock announcement was “collected and declassified” by the US, and the Biden administration had specifically asked British authorities to publicly expose the purported plot. Oddly, details weren’t shared with allies, such as Germany, where officials consistently expressed skepticism toward the notion that Russia would invade Ukraine.

    Nowhere in the Post’s coverage did the newspaper ask a very obvious question—why was the disclosure of the incendiary material outsourced in this manner?

    An Obliging Client State

    Britain’s laundering of US intelligence created the illusion that an ally had independently reinforced dodgy claims from US officials of an imminent Russian invasion. It allowed Washington to recast the December transfer of 90 tons of “lethal aid” to Ukraine as reactive. What’s more, the ruse provided plausible deniability in the event that the false narrative unraveled, as it inevitably did.

    The Biden administration knew very well that London could be relied upon. At the conclusion of World War II, a Foreign Office official ruefully concluded that a bankrupt Britain’s future lay in serving as “junior partner in an orbit of power predominantly under American aegis.” Ever since, the UK government has consistently gone further than most countries in serving Washington interests.In September 2021, Yahoo! News exposed how the CIA had  “secret war plans” to kidnap or even assassinate WikiLeaks founder Julian Assange if he attempted to leave the Ecuador embassy in London for Moscow. The report contained a shocking example of Britain’s willingness to do the bidding of US intelligence. (Note: Assange’s legal team says Assange was opposed to Ecuador’s proposal to assign him to a diplomatic post in Moscow.)

    Scenarios to thwart Assange’s escape included “gun battles with Kremlin operatives on the streets of London” and “shooting out the tires of a Russian plane carrying Assange before it could take off for Moscow.” US officials reportedly “asked their British counterparts to do the shooting if gunfire was required, and the British agreed.”

    The British also took the leading role in producing propaganda ahead of the US invasion of Iraq.  As far back as 1998, MI6 “black propaganda specialists” were involved in “psychological warfare” known as Operation Mass Appeal, according to former United Nations weapons inspector Scott Ritter. The foreign spying agency circulated “intelligence” to media outlets “to help shape public opinion about Iraq and the threat posed by WMD [weapons of mass destruction].”

    “We have some outlets in foreign newspapers – some editors and writers who work with us from time to time – where we can spread some material,” MI6 representatives told Ritter. “We just need to be kept informed on what you are doing and when, so we can time the press releases accordingly.”

    A particularly controversial British intelligence assessment claimed Iraq President Saddam Hussein was capable of attacking Europe with WMD in just 45 minutes. It turned out the source was a lone Iraqi taxi driver. The claim was repeated in a televised speech by President George W. Bush in September 2002 and proved fundamental to the war in Baghdad two months later.

    British intelligence led the way in fomenting the US-led conflict against Syria in August 2013, after opposition-controlled Ghouta was allegedly struck by rockets fired by government forces containing the chemical agent sarin. The incident had the hallmarks of a false flag operation. US officials were forced to concede evidence implicating the Syrian government was hardly a “slam dunk,” and communications intercepted by German spies indicated that whatever happened, Syrian President Bashar Assad’s  government had not sanctioned or been aware of the attack.

    However, the British Joint Intelligence Committee possessed no such doubts and declared it was “highly likely that the Syrian regime was responsible,” and “there [were] no plausible alternative scenarios.” This resulted in a parliamentary vote on launching military intervention in Syria (alongside Washington and Paris mere days later). But that failed, taking the question of Western military action against Damascus off the table.

    British Influence Operations In Ukraine

    Ukraine is a country where Britain consistently seeks to influence events in order to derive economic, political, and military benefits. For example, leaked documents indicate London funded consultants to effectively market neoliberal labor “reforms” to the Ukrainian public, which would destroy employment rights and protections.

    The Foreign Office also financed Ukraine’s StopFake, a purported “fact-checking” website with deep links to fascist elements in the country. StopFake defended Ukrainian military training camps for children that are run by the Neo-Nazi militia Azov Battalion. They also defended Andrey Parubiy,a Ukrainian parliamentary speaker from 2016 – 2019 Parubiy is an avowed Adolf Hitler fan. When Parubiy visited Britain in 2018, local reporters sprang to his defence. He was implicated in a reported false flag massacre of Maidan protesters in February 2014.

    Even more significantly, the Foreign Office is secretly co-opting journalists and media organizations in Kiev via funding, training, and the surreptitious production of anti-Russian, pro-Western, and pro-NATO content. “Girls on HBO…but in Ukraine” was one suggested example of programming to support in leaked internal files.

    These efforts are a component of a £100 million clandestine drive by London to “weaken the Russian state’s influence” over its neighbors.

    All of which is another facet of Britain’s bond with the US that has been absolutely fundamental: relations between Moscow and Washington must remain tense. By presenting itself as a dependable bastion of European security, Britain can remain relevant globally, able to perpetually piggyback off its partner’s might. For this reason, London was willing to circulate bunk US intelligence about an impending Russian invasion of Ukraine.

    The West Keeps ‘Guessing’

    Fittingly, in the wake of Moscow’s announcement that it would withdraw troop deployments from some annual military exercises, Britain’s notorious Sun tabloid published an “exclusive” stating Russia was still planning to invade at 1 am London time on February 16.No “massive missile blitz” happened so the Sun updated the “exclusive” to say “Putin continued to keep the West guessing.” The article quoted Truss at some length, who said officials were “preparing for the worst,” believed an invasion “highly likely,” and “over the next few days there could be an attempt to claim the Ukrainians are attacking them so the Russians have a justification for invading.”

    “Certainly, our latest intelligence suggests that an invasion is imminent, that it’s highly likely, and that we’ve seen 100,000 troops stationed around the border,” Truss fulminated. “We would expect multiple sequenced attacks and not a single strike.””We could be on the brink of a war in Europe. That would have severe consequences not just for the people of Russia and Ukraine but also for the broader security of Europe,” Truss added.

    Such fearmongering has been de rigeur since 1946, when British Prime Minister Winston Churchill delivered an iconic speech at Westminster College in Fulton, Missouri. Churchill warned that communism posed “a growing challenge and peril to Christian civilization.” Without “a special relationship between the British Commonwealth and Empire and the US,” there may be another World War.

    At the time, opinion polls indicated American citizens not only valued and trusted their Soviet ally far more than Britain, but they foresaw a much-reduced role for the latter in world affairs following the war. Churchill’s comments were poorly received, but their impact was quickly apparent. Six months later, US-Soviet cooperation collapsed due to disagreements over the future of occupied Germany.

    Washington became wedded to a hardline anti-Soviet policy, and the Cold War was launched.

    The post British Officials Spread Moscow Coup Plot Disinformation For United States appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter Newsletter, a project of Shadowproof. Become a paid subscriber. Save over 20 percent and help us expand our work.

    The United Kingdom’s right-wing dominated government is on course to greatly expand its ability to prosecute and jail whistleblowers and journalists through amendments to the country’s Official Secrets Acts.

    These potential amendments would be the first major changes to the law since 1989. They come as the U.K. and U.S. governments continue to seek the extradition of WikiLeaks founder Julian Assange for his role in receiving and publishing the Afghanistan and Iraq war logs, Guantanamo Bay detainee files, and U.S. diplomatic cables.

    Proposals would expand possible imprisonment for leakers, recipients of leaks and secondary publishers–including journalists–from the current maximum of two years to as high as 14 years in prison.

    Furthermore, so-called “unjustifiable barriers to prosecution,” such as a requirement that the state actually prove that “unauthorized disclosures” are “damaging,” would be replaced with a less stringent test, like proving knowledge or belief on the part of the defendant that a disclosure “was likely to cause” or “risked causing” damage.

    This is the standard in the U.S. for prosecutions under the Espionage Act, the 1917 law which Assange is accused of violating 17 times (even though he is not a U.S. citizen). Charges function as strict liability offenses, and intent is largely treated as irrelevant.

    Laws relating to both espionage and unauthorized disclosures have been under review since the Cabinet Office that supports the Prime Minister, requested the Law Commission review Britain’s official secrets acts back in 2015.

    The Law Commission, a typically benign statutory body created by British Parliament in 1965, was intended to help reform and modernise the island’s legal systems. However, this latest barrage of recommendations, 33 in total, has numerous observers, civil liberties organizations, and journalists greatly concerned about the worsening state of press freedom and dire condition of whistleblower protections in the U.K.

    “The proposed changes to the Official Secrets Act are one of many ways in which the Conservative government is seeking to stifle dissent and elude accountability,” Chris Jones, the executive director of civil liberties watchdog Statewatch, told The Dissenter. “While the government is yet to publish its response to the public consultation it launched last year, the direction of travel is clear: they want to introduce new, heavier penalties to discourage journalists and others from doing their work and acting in the public interest.”Tip Jar

    Leaks Worse Than Foreign Espionage

    The Law Commission’s final report was published in September 2020, though it was not until seven months later that the U.K. government published its responses to the recommendations as part of a further consultation on new legislation “to counter state threats/hostile state activity.”

    The word “journalist” only appears once in the government’s response, and officials like Home Secretary Priti Patel have argued unauthorized disclosures may be worse than foreign espionage because their publication can be viewed by “multiple hostile actors.”

    Patel is currently the official who would sign off on Assange’s extradition when all avenues for appeal are exhausted.

    The government makes clear in its response to the Law Commission recommendations that it believes there is already a fair balance struck between the right to receive and impart information—protected under common law and Article 10 of the European Convention of Human Rights and the need to protect government secrets.

    “Safeguards already exist (including existing processes for government whistleblowers) which allow them to raise concerns without needing to undertake an unauthorized disclosure,” the government said, in response to the Law Commission’s proposals for an independent body to accept whistleblower testimony and complaints as well as the reintroduction of a public interest defense to the Official Secrets Act (Note: Reintroducing the public interest defense was one of the few Law Commission recommendations welcomed by most observers).

    The government explicitly contended the public interest defense proposal may “undermine” efforts to “prevent damaging unauthorized disclosures, which would not be in the public interest.”

    Ultimately, the government’s “fundamental concern” is that “a person seeking to make an unauthorized disclosure, whether in government or otherwise in possession of official material, will rarely (if ever) be able to accurately judge whether the public interest in disclosing the information outweighs the risks against disclosure.”

    In other words, to the government, no individual, journalist, or government employee is capable of making a decision as to whether a leak is in the public interest so there should be no public interest defense for leaking or publishing government documents without official approval.

    Tim Dawson is a former president and longtime member of the National Union of Journalists (NUJ). He also has covered the extradition case against Assange. According to Dawson, the proposed changes to the law would make the environment for public interest journalism “significantly more hostile”.

    “The NUJ believes that where civil servants take great risks to leak information it is almost always because they have witnessed incompetence, waste, or corruption. Exposing such things is in the public interest and benefits us all,” Dawson declared.

    Normalizing The Prosecution Of Journalists Like Assange

    The U.K. government does not believe that “there is necessarily a distinction in severity between espionage and the most serious unauthorized disclosures.” A position they made clear when responding positively to the recommendation that the maximum prison sentence for unauthorized disclosures be increased.

    Although the Law Commission itself doesn’t recommend a new maximum sentence, the current figure under discussion and being pushed by the Crown Prosecution Service in its submissions is 14 years. (Note: This is the institution helping the U.S. government obtain the extradition of Assange.)

    In the U.S., a violation of the Espionage Act carries a maximum sentence of 10 years. Someone guilty of leaking or publishing “secrets” could be punished more harshly.

    The U.K. government believes both “primary and onward disclosures have the potential to cause equal amounts of harm”, meaning that publications by a journalist or member of the public of information leaked to them or even already published in the public domain such as online should be treated the same under the law.

    Proposals also seek to apply some of the provisions of the Official Secrets Act to government workers and “notified persons” outside of the U.K.. The government clearly has the desire to go even further, stating that in some cases the state “should be able to consider prosecution against non-British citizens for unauthorized disclosure, who have caused damage.”

    This is precisely what the U.S. government is doing with Assange through the extraterritorial application of the Espionage Act against a journalist and publisher, who was based in the U.K. at the time of the disclosures in question.

    The fact that the government has responded to the Law Commission’s recommendations in the context of a further consultation on countering “hostile state” activity exposes the ideology of state officials, when it comes to the matter of whistleblowing and national security journalism.

    Officials would like whistleblowers and national security journalists to be treated as severely as actual acts of espionage by a “hostile” state power, if not more so, in some cases.

    Immense Chilling Effect Will Intensify

    Former NSA contractor Edward Snowden revealed warrantless mass surveillance by the U.S., U.K., Canada, Australia and New Zealand. Waste, fraud, and abuse was exposed by Chelsea Manning.

    The publication of this information by WikiLeaks and various media organizations woke millions up to hidden acts of corruption and resulted in numerous successful legal challenges in the U.S. and Europe. Yet it is this very kind of whistleblowing and journalism, which would become substantially more difficult if the current proposals were to become law.

    National security reporting, which is adversarial to state power, is already suffering an immense chilling effect in the U.K., as noted by Reporters Without Borders (RSF) in its response to the Law Commission.

    In 2018,  Trevor Birney and Barry McCaffrey, two investigative journalists based in Northern Ireland, were arrested by members of the armed police.

    The arrests followed the airing of Alex Gibney’s documentary “No Stone Left Unturned,” which examined the role of British state collusion in the 1994 Loughinisland pub massacre of six Catholics by loyalist paramilitaries. The two were accused of breaching the Official Secrets Act when they used leaked documents in the film.

    “When a knock came to the family’s door, Sheila looked out and saw what appeared to be about 30 armed police officers, uniformed and in plain clothes, alighting from vehicles,” Statewatch recounted:”The house quickly filled up with police. His eight-year-old became frightened and began to sob. Birney, who had, like McCaffrey, to shower and dress in front of an officer, told his wife he was being arrested, and was taken away.”

    Although the two were freed after a judge threw out their arrests, it is widely believed the targeting of journalists will inevitably increase with the proposed expansion of the Official Secrets Acts.

    Once the U.K. government formally announces the exact changes it wants to the official secrets legislation, “those defending civil liberties in the U.K. will have yet another fight on their hands,” Jones concluded.

    The post UK Official Secrets Act Proposals Take Cues From US Espionage Act Cases appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter, a project of Shadowproof. Become a paid subscriber and help us expand our work.

    An extraordinary Danish Radio report exposed how scores of children in Denmark, many of them orphans, were subject to CIA-funded experiments for at least two decades.

    The purpose of these activities remains unknown, as authorities continue to actively suppress the truth of what happened in the 1960s and early 1970s.

    The startling exposé is based on the work of documentarian Per Wennick, who was one of 311 participants in the mysterious trials. The children never learned the objective of the tortuous assessments to which they were exposed, even after they ended.

    Such trials are in conflict with the Nuremberg Code, which enforces the vital requirement of obtaining consent from human subjects in all medical research.

    According to Wennick, when he was 11 years old, he was asked at an authoritarian orphanage in Copenhagen if he wanted to try something “fun” at the local municipal hospital. It was vaguely described as an examination of how children “feel”. Believing it would be a welcome diversion, he acquiesced and even received a small sum for his participation.

    Wennick went on to undergo a series of regular tests, which included being forced to listen to recordings on headphones of loud noises, screams, and statements intended to scare him. Staff strapped him to a chair while electrodes were placed on his arms, legs, and chest, measuring his heart rate, temperature, and sweat levels.

    These experiments continued until 1973, when Wennick was 24-years-old. However, a decade later, while in a hospital due to a skin complaint, he learned his visit—in fact, his every contact with healthcare services— was reported to the Danish Psychological Institute for reasons never made clear to him.

    Fast forward to 2018. While at a film festival in the United States, he saw the documentary “Three Identical Strangers,” which tells the story of triplets deliberately separated at birth and offered up for adoption to families of differing socioeconomic backgrounds, in a covert and highly unethical scientific “nature versus nurture” study.

    It occurred to Wennick he too may have been unwittingly caught up in a similar experiment.

    The Search For More Records On Human Experiments

    Diligent digging in local archives unearthed a number of papers revealing that the project in which Wennick became embroiled was the brainchild of Zarnoff A. Mednick, a U.S. psychologist interested in what distinguishes schizophrenic patients from neurotypical people and patients with other disorders.

    Denmark was an attractive testing ground. Unlike the U.S., it boasted a central population register, meaning participants could be tracked over the course of many years.

    Mednick collaborated with Danish professor Fini Schulsinger, constructing a study of 207 children with schizophrenic mothers, and a control group of 104 children without schizophrenic mothers, including Wennick. He sought to ascertain how many would develop schizophrenia and how it might manifest. Over a third of the participants were orphans.

    In 1977, Schulsinger published a doctoral dissertation on the project. Denmark’s Ministry of Justice intervened to ensure, contrary to standard practice, he was not required to undertake a ‘viva,’ which is a public defence of his thesis. That kept the survey’s background a secret.

    Having piqued his curiosity, Wennick went off in search of more records related to the experiments.

    Eventually, he identified 36 boxes of material stored in the basement of a psychiatric center in a Copenhagen suburb. He asked Josef Parnas, a psychiatrist he interviewed for his documentary series, to assist him. But when the center learned of his request, it began shredding the documents, on the alleged basis it was unable to store research papers after a project’s conclusion. This may have been a violation of Danish law..

    There are further reasons to doubt the psychiatric center’s stated rationale. The project was lavishly funded and received  around $700,000 when adjusted for inflation.

    Roughly a quarter of that money flowed from the Human Ecology Fund, a CIA front and outgrowth of QKHILLTOP, one of a cluster of mind control programs launched by the agency in the 1950s to study alleged communist brainwashing techniques and develop interrogation strategies. It was eventually absorbed into the notorious MKULTRA.

    This may explain why, along with invasive and cruel psychological exams, the Danish children were also subject to extensive physiological and mental assessments. In one of the Fund’s experiments, participants had to agree or disagree with around 600 different statements, a test originally designed to screen soldiers for fascist sympathies around World War II.

    Scant information is available publicly on QKHILLTOP’s dimensions even today, although an academic paper published in June 2007 shed significant light on the Human Ecology Fund’s cloak-and-dagger activities.

    Originally named the Society for the Investigation of Human Ecology, it was founded in 1954 by Harold G. Wolff. A renowned neurologist and leading authority on stress, migraines, and bio-physiological mechanisms of human pain, he was personally recruited for the project by CIA chief Allen Dulles, who fostered business in Adolf Hitler’s Germany.

    Thereafter, the Society provided sizable financing to social scientists and medical researchers, primarily in furtherance of the CIA’s behavior modification and persuasion goals. They also identified “specific cultural information” about Cold War enemy populations, such as China or Russia.

    Sexuality was a subject of intense study. “Both pleasure and pain were areas of interest for those studying interrogation,” the paper recorded.

    Projects were awarded smaller grants that likely had no intelligence or national security applications but provided the organization with “a necessary false appearance of legitimacy for the public and the academic community,” such as studies on cranial analysis and Puerto Rican migration.

    ‘Becoming More Childlike’

    A 1963 CIA Inspector General review of MKULTRA opaquely noted that in certain cases academics employed under its auspices “may be aware of our interest” in a research program.

    It added “experience has shown that qualified, competent individuals in the field of pharmacological, physiological, psychiatric, and other biological sciences are most reluctant to enter into signed agreements of any sort which connect them with this activity, since such a connection would jeopardize their professional reputations.”

    Langley got around this problem by simply keeping most participating scientists in the dark as to the agency’s role in commissioning the research program. They hoodwinked scientists and hid the malign purposes behind their labor.

    For example, in the late 1950s the Human Ecology Fund bankrolled a trip to Nigeria for psychiatrist Raymond Prince to undertake “transcultural psychological studies.”

    Prince had no idea the CIA intended for his work to “add somewhat to our understanding of native Yoruba psychiatry, including the use of drugs, many of which are unknown or not much used by Western practitioners.” and “assist in the identification of promising young [redacted] who may be of direct interest to the agency.”

    He later concluded that overseas trips sponsored by the Fund were attempts to recruit foreign nationals and collect data “on cultures and countries of interest to the CIA for psychological warfare purposes.”

    Seemingly innocuous surveys of the personality types and family structure of Chinese nationals residing in the U.S. could be maliciously exploited, “to identify disgruntled refugees with suitable personality profiles who had fled the communist regime 10 years earlier and might be persuaded to act as CIA agents back in China.”

    Research findings from the Fund’s assorted initiatives furthermore appear to have provided major components of the CIA’s 1963 KUBARK interrogation manual, given that document, which advocates the use of electric shock, threats, fear, sensory deprivation and isolation, repeatedly cited the work of Human Ecology-supported scholars.

    As historian Alfred W. McCoy recorded, most confirmed MKULTRA research efforts did not actually relate to propaganda or brainwashing at all but involved physical and psychological torture techniques.

    It is, therefore, disturbing that the Fund’s 1961–1963 progress report lists several studies related to childhood, which it supported, such as “conceptual development in children and young adults.”

    This may relate to the KUBARK manual, given the document discusses how, when its assorted techniques are applied, “the usual effect…is regression,” and a subject’s “mature defenses crumbles [sic] as he becomes more childlike [emphasis added].” The CIA considered it “usually useful to intensify” such feelings.

    Did the Danish experiments inform CIA torture techniques, which were employed in recent years?

    Agency chemist Sidney Gottlieb, who headed MKULTRA from its inception until retiring in 1973, died in March 1999. He helped hatch numerous assassination plots that targeted leaders in the Global South.

    A New York Times obituary quoted a nameless Langley operative as saying MKULTRA specifically targeted mental patients, prisoners, drug addicts, and prostitutes as “human guinea pigs.” They were considered good subjects because they were “people who could not fight back.”

    Altogether, Wennick’s investigation raises grim questions. Where else in the world might the CIA have supported unethical human experiments on vulnerable and defenseless youths, and why?

    This is the first installment of a two-part series. Part two will be posted next week.

    The post CIA Funded Experiments On Danish Orphans For Decades appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter, a project of Shadowproof. Become a paid subscriber and help us expand our work.

    An Iowa judge upheld one of the state’s “ag-gag” laws in a case brought against an animal rights activist, hours before dismissing all charges.

    In Iowa, a person may be criminalized for “food operation trespass” if they enter or remain on the property of a factory farm “without the consent of a person who has real or apparent authority to allow the person to enter or remain on the property.”

    Matt Johnson, an investigator with the grassroots animal rights network Direct Action Everywhere (DxE), was charged with violating the ag-gag law after he exposed the extermination of pigs by Iowa Select Farms. He argued the law is “actually intended to punish individuals for expressing viewpoints disfavored by the Iowa legislature” and reminded the court that a similar Iowa ag-gag law was previously ruled unconstitutional by a federal court.

    State prosecutors abandoned their case two days before trial and moved to dismiss charges, but the court defended the ag-gag charge, which was challenged by Matt Johnson as unconstitutional.

    District Court Judge Derek Johnson ruled that the law “does not discriminate on the basis of the viewpoint of the offender. A person who trespasses on a food operation to abuse an animal is treated the same as a person who trespasses on a food operation to rescue one.”

    “That is logically true. It’s factually preposterous, and it’s very clear from the legislative history that the intent of this law was to target animal rights activists, people with a particular viewpoint,” replied Wayne Hsiung, an attorney for Matt Johnson and co-founder of DxE.

    “You can critique an animal rights activist’s views. You can say that what they’re saying is factually false. What you cannot do under the First Amendment is criminalize their speech, and that is the purpose of this law even if facially it doesn’t say that,” Hsiung added.

    Iowa already had a law criminalizing trespassing prior to the passage of the “food operation trespass” law. Trespassing is generally a fine between $65 and $625 with the possibility of up to 30 days in prison. But under Iowa’s ag-gag law, trespassing is an aggravated misdemeanor that carries the possibility of up to two years in prison.  A repeat offense may result in a felony charge.

    Matt Johnson was charged on July 14, 2020, with “burglary in the third degree” and “electronic or mechanical eavesdropping.” He was later charged under the ag-gag law on April 8, 2021.

    The charges came after Matt Johnson captured “video and audio recordings of pigs screaming in agony for several hours as they died. Thousands of pigs were exterminated at Iowa Select Farms using ventilation shutdown after COVID-19 outbreaks caused the closure of many slaughterhouses,” according to a press statement from DxE.

    A whistleblower informed the activists of conditions at the factory farm. They rescued a “sickly piglet,” which they later named Gilly. Without saving the piglet, it would have gone to a landfill.

    During an afternoon hearing on January 19, prosecutors argued for the dismissal of charges while Matt Johnson contended the charges should be dismissed with prejudice and the prosecutors should be required to outline why they were no longer pursuing the case.

    The judge conceded in his order upholding the ag-gag charge that animal rights activists are disparately impacted because “some animal rights advocates have an ideological motive to gain physical access to the food animal operations.” However, he justified the targeting of animal rights activists by contending the law is “facially neutral” and does not “constitute viewpoint discrimination simply because it may disproportionately affect some speakers or messages more than others.”

    On that point, Hsiung said the judge is allowing the Iowa legislature to “play games with our constitutional rights.”

    Iowa has passed four ag-gag laws. The first two ag-gag laws were struck down in part or in their entirety as unconstitutional because they infringe upon First Amendment rights. According to Hsiung, the state legislature went forward with two laws that were constructed to “cover the same conduct” but avoid “constitutional scrutiny” by targeting anyone with severe penalties instead of only animal rights activists,

    Hsiung also stated, “The notion that someone is going to trespass on property to abuse an animal first of all is just pretty factually unlikely. The only abuse of animals that is happening is by people who own the facility and operate the facility.”

    Each expansion of ag-gag laws throughout the United States is aimed at suppressing journalism, whistleblowing, and speech around animal abuses. They are designed to protect the interests of agribusinesses and their lobbyists, who are threatened by transparency and accountability.

    As of August 2021, such laws in IdahoKansasNorth CarolinaWyoming, and Utah, as well as in Iowa, were declared to be unconstitutional in whole or in part.

    Iowa Republican State Senator Ken Rozenboom

    Matt Johnson told The Dissenter in 2019 he led an investigation into a factory farm owned by Iowa Republican state senator Ken Rozenboom. It was a response to his support for ag-gag laws.

    The investigation was released in spring 2020. “Inside the barns, we documented severe rectal prolapses, intense overcrowding with noxious ammonia in the air, and excrement coating the floors. One piglet was unable to stand, gasping for air while thrashing wildly for several minutes before dying before our eyes,” DxE reported.

    “It was actually that investigation that led the Iowa Select Farms truck driver to contact us because of the abuse at Iowa Select Farms, which led to the ventilation shutdown exposé,” Johnson shared.

    After the ventilation shutdown was exposed at the end of May, Rozenboom backed another Iowa ag-gag law, which passed less than two weeks later. He said the law addressed the “gravest threats to animal agriculture in Iowa.”

    Rozenboom discussed how DxE investigated his farm and described the organization as an “extreme animal rights group.” He cheered the law for imposing a felony against animal rights activists who commit a second offense.

    The ag-gag law was passed specifically as a response to the investigations and activism of DxE. As Matt Johnson said, it subsequently was used to charge him. He was the “inspiration for the law,” and he became the first person to be charged under the law.

    Iowa lawmakers escalated their attacks on journalism and whistleblowing around animal abuse in the food industry in 2021, passing a recording ban that explicitly designates audio or video recording as “trespassing” crimes.

    The Animal Legal Defense Fund sued the state of Iowa and argued “the law threatens increased penalties for recording even in public places and locations advocates have long used for public advocacy, such as in open areas of legislators’ offices and parts of businesses in which other members of the public regularly come and go.”

    The post Iowa Judge Upholds Ag-Gag Charge Brought Against Animal Rights Activist Hours Before Dismissing The Case appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • This article was funded by paid subscribers of The Dissenter, a project of Shadowproof. Become a paid subscriber and help us expand our work.

    The first “high-value detainee” at Guantánamo military prison was approved for transfer a day before the detention camp marked the 20th anniversary of confining prisoners in the “war on terrorism.”

    According to lawyers from Center for Constitutional Rights (CCR) who represented him, Guled Hassan Duran was captured in Djibouti in March 2004. The CIA renditioned him to a secret prison site, where he was tortured and abused prior to his transfer to Guantánamo in 2006. He was designated by President Barack Obama’s review task force for indefinite detention, even though he was not charged with a crime.

    Duran is a citizen of Somalia with “prior residence in Germany and Sweden.” Congress prohibited the United States government from transferring any Guantánamo prisoners to Libya, Somalia, Syria, or Yemen in 2015. Because he cannot return to Somalia, it could be several years before he is released to a country willing to accept him.  

    Thirty-nine prisoners remain indefinitely detained at Guantánamo. They have been in confinement for the past 15-to-20 years without charge or trial.

    The withdrawal of U.S. military forces in Afghanistan in 2021 gives the U.S. government even less of a justification for keeping the prison open. However, President Joe Biden’s administration has displayed little to no political will to close Guantánamo once and for all.

    Or to put it another way, Biden has not demonstrated that his administration will make sure he finishes a job he started when he was part of the Obama administration in 2009 and they formally pledged to close Guantánamo.

    JTF Guantanamo photo by Mass Communication Specialist 2nd Class Elisha Dawkins

    ‘This Monstrous Creation Of The U.S. Government’

    CCR, a lead organization in the fight to shut down the detention camp, declared, “For 20 years, this monstrous creation of the U.S. government has been intentionally inflicting human suffering.”

    “Today, we think of the victims: the 780 Muslim men and boys, who have faced injustice and brutality, from torture to indefinite detention to sham trials to force feeding to profound indifference, if not hostility, from U.S. political leaders.”

    “We also think of the families who have been without their loved ones for so long and do not know when or if they will see them again,” CCR added.

    Twenty-seven prisoners at Guantánamo have never been charged. CCR estimates that 26 prisoners survived CIA torture. Five of them, including Duran, are represented by CCR.

    Sufiyan Barhoumi, who is from Algeria, was cleared for transfer in 2016, but the the Obama administration failed to transfer him out of Guantánamo before President Donald Trump was inaugurated. He was brought to the detention camp in June 2002.

    Brought to Guantánamo in 2004, CCR says Sharqawi Al Hajj, who is from Yemen, was tortured at “two CIA black sites.” As a result, he suffers from severe health problems that could result in “total bodily collapse.” The Biden administration approved him for transfer in June 2021, however, he cannot return to Yemen because of the congressional ban that Obama signed into law.

    A Saudi citizen named Mohammed Al Qahtani was allegedly subject to CIA torture and rendition before he arrived at Guantánamo in February 2002. He was diagnosed with schizophrenia prior to this abuse. His mental health is “deteriorating rapidly,” according to CCR. But he remains in confinement despite the fact that Qahtani is charged with no crime.

    In fact, in 2009, Susan Crawford, a U.S. Defense Department official who was the head of the military commissions, admitted the U.S. “tortured” Qahtani.

    “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” Crawford told the Washington Post. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge.”

    Qahtani is apparently the only person the U.S. government ever publicly admitted they tortured. Yet when CCR pushed for the release of videos and photos of Qahtani to show Americans evidence of systematic abuse, the Obama administration blocked their release in federal court.

    U.S. Central Command Chief of Staff Karl Horst argued the release of photos and video would endanger “U.S. military personnel, diplomats and aid workers serving in Afghanistan and elsewhere” and aid the “recruitment and financing of extremist and insurgent groups” because “enemy forces in Afghanistan” and elsewhere “have previously used videos and photographs [particularly of U.S. forces interacting with detainees] out of context to incite the civilian population and influence government officials.”

    The media published images in 2004 “relating to allegations of abuse of Iraqi detainees” (i.e. Abu Ghraib) and media reported in 2005 on “alleged incidents of mishandling of the Koran at Guantánamo,” Horst added.

    To be clear, the Obama administration argued evidence of torture had to be kept secret because it would upset groups the U.S. had designated as terrorist organizations. They even told the courts the photos and videos “could be manipulated to show greater mistreatment than actually occurred, or change the chronology of actual events” in order to help the Pentagon hide torture and abuse. (The courts shamefully accepted these secrecy arguments.)

    The First Survivor Of CIA Torture At Black Site Prisons To Speak Out—While Still In Custody

    The Biden administration has yet to “re-establish the special envoy office in the State Department dedicated to the prison’s closure,” according to Amnesty International.

    “On the contrary, the administration has just announced plans to build a new courtroom at Guantánamo to continue the work by the military commissions – the very opposite of a blueprint to shut the place down,” Amnesty stated on the 20th anniversary.

    As Amnesty noted, in 2021, the world heard horrific stories of torture and abuse from Majid Khan, Abu Zubaydah, and Mohamedou Slahi, who was the subject of a film called “The Mauritanian.”

    Khan is a Pakistani eligible for release in February 2022. He had political asylum status in the United States before he was brought to Guantánamo in 2006.

    CCR, which represents him, says he is “the first survivor of the CIA torture program to discuss in public his experiences at black sites.” [PDF]

    Eight U.S. military officers sentenced Khan to 26 years in prison in October 2021. The New York Times called it “symbolic” because he became a “government cooperator” when he pled guilty in February 2012. Seven of the eight officers recommended clemency for Khan.

    A sentencing statement featuring brutal descriptions of his torture and abuse was read by Khan in a courtroom at Guantánamo.

    Majid Khan (Photo: Center for Constitutional Rights)

    “I can say for certain that I was subjected to water torture that induced the feeling of drowning several times,” Khan stated. “It is hard to describe, or put into words, how it felt to be waterboarded. With a hood wrapped around my face and water pouring down my throat, I coughed, gagged, screamed, and couldn’t breathe. I felt like I was going to die.”

    When Khan was brought to the Salt Pit prison in Afghanistan, the CIA removed his clothes and left him cold and naked. He was given no food and afraid to drink the water the CIA officers provided.

    “I was periodically and repeatedly doused with water,” Khan recalled. “The room was pitch black, but I could feel tiny bugs, smaller than mosquitoes, biting me repeatedly until I bled. With my hands shackled, I couldn’t swat the bugs or scratch the sores they left. There was also music played constantly at deafening volumes. I remember thinking the room was shaking.”

    “I was hung at a height where I was able to bend my legs slightly, but I was not able to sit or kneel. I remember the intense feeling of uncertainty that I felt; it was horrifying. I was so scared. I had no choice but to urinate on myself and the floor.”

    Khan continued, “I was so terrified that I had diarrhea. My back and entire body was in a constant state of excruciating pain, partly because I had preexisting back problems. I was left for days with the smell of urine and feces that had collected on my body.”

    The CIA brought Khan to a secret prison referred to as “Detention Site Orange,” where he was held for a longer amount of time before his transfer to Guantánamo.

    “In the month of September 2004,” Khan says he was “raped by the CIA medics.” He was engaged in a series of hunger strikes. “While being restrained, they inserted tubes or objects into my anus against my will. This was different than the enemas they had previously used.”

    “Sometimes it was done in my cell. Other times I was restrained on a stretcher and moved to another room. In either location, I was restrained very tightly and securely by at least two guards. A CIA medic was there to administer the insertions, but it was not a medical procedure.”

    Khan added, “I remember one time in my cell I asked the medic why he was doing this, and he whispered with viciousness, ‘You’re a fucking terrorist.’ They used green garden hoses and one end was connected to the faucet as they ‘rehydrated me.’”

    “I remember feeling immense pressure in my bowels, a pain I had never felt. I couldn’t stop myself from evacuating my bowels. I think these forced rectal insertions were done to make it appear like I had eaten, digested food, and used the toilet. To this day, I experience extreme discomfort from hemorrhoids as a result of my treatment.”

    Faced with repeated torture, Khan told his captors what they wanted. He was scared. He wanted the torture to stop. He made false statements to interrogators in order to convince them he was “compliant and cooperative.”

    Khan continued to lie when he arrived at Guantánamo because it renewed his fears and forced him to relive prior traumas and experiences at the hands of CIA interrogators. It wasn’t until October 2007 that he finally felt comfortable enough to tell the truth to his defense team and take responsibility for some of what led to his capture.

    “Mr. Khan has been held without basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2012 and held without final sentencing until October 2021,” U.S. military officers wrote in their clemency letter [PDF].

    The officers acknowledged Khan was “subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests.”

    “Instead, it is a stain on the moral fiber of America. The treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government.”

    Further ReadingGuantanamo Whistleblowers Who Spoke Up Against a Legal Black Hole

    The post Twenty Years Of Barbarism At Guantánamo: Biden Could End It But Lacks The Political Will appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • *The following is a collection of some of the best albums of protest music released in 2021. They were selected by Kevin Gosztola and C.J. Baker, who publishes writing regularly at Ongoing History Of Protest Songs. They are in alphabetical order by artist.

    **Full playlist with each album on Spotify

    Black Monument Ensemble – NOW

    The story behind the making of this album is part of what makes it exceptional. According to Damon Locks and the Black Monument Ensemble, it was recorded in the summer of 2020, “following months of pandemic-induced fear and isolation, the explosion of social unrest, struggle, and violence in the streets, and as the certain presence of a new reality had fully settled in.”

    BME, which is a “multi-generational collective” with members who range from 9 to 52 years old, entered a garden behind Chicago’s Experimental Sound Studio and recorded each track in a few takes. 

    The percussion and wind instruments combine for  transcendent beats and rhythms, and for “The People Vs. The Rest of Us” and “Keep Your Mind Free,” Locks seamlessly weaves in samples to create a sound collage. BME even embraces the presence of cicadas, which enhances the performance in a remarkable way.

    It is easy, as “The Body Is Electric” recognizes, to be caught up in the grind of life, the struggles around us, the despair and devastation that surrounds us. Yet BME dares to dream of what can be achieved in this new reality, especially if we can all enter that forever momentary space that is now.

    (Kevin Gosztola)

    Godspeed You! Black Emperor – G_d’s Pee AT STATE’s END

    If late-stage capitalism sounds like anything, it is the brooding dissonance of this album from Godspeed You! Black Emperor. Their soundscapes survey civilizations ravaged by pestilence and climate disaster. Yet there is a majesty and grandness to their music of desolation.

    GYBE is a Canadian post-rock band that combines noise with a range of instruments, including violins and an organ. They wrote the album on the road before the pandemic, and then they came home in the pandemic normal to finish completing the project in masks.

    Radio frequencies on the album are “pulses of rising white static” because “automated militaries” take up so much bandwidth. There are periodic announcements from the watching and killing machines of our world, but then there are also the “ham radio dads,” who stay up all night talking about their dying wives and “what they will do with their guns when antifa comes.”

    As the band states, the apocalyptic pastors now cry, “End Times Soon!” Their album is about waiting for the end because all “current forms of governance” have failed. It’s also about waiting for a beginning, and for that, they have a list of demands for humanity—empty the prisons, take power from police, give the power to neighborhoods, end forever wars and imperialism, and tax the rich until they are poor.

    (Kevin Gosztola)

    Irreversible Entanglements – Open The Gates

    The free jazz collective’s third offering is a sonic exploration of post-colonialism. With Aquiles Navarro’s trumpet blaring out into the universe and Keir Neuringer’s saxophone piercing the sky, the ensemble summons whatever spirits they can connect with from the past and present to propel the music forward.

    Fragments of poetry from Camae Ayewa (a.k.a. Moor Mother) agitate but also reach for deeper understandings of creation and what brought Irreversible Entanglements to this place, to where they are crying out, “Open the gates!”

    While some of their previous ompositions have explicitly named the sources of struggle and despair, particularly for Black lives, its lyrics are more understated. They are above all beckoning. This is an evaluation of what has been and what could possibly be.

    As they put it, “The universe was awash in the sickly static veneer of anti-cosmos, of anti-nation; the halls were emptied, our shadows echoing and staining the walls of our abandoned oases – so we poured out into 2020’s wild streets. The ghosts of our labor danced around the sickness as we set fire to our old ways of thinking and moving, as we set fire to cop cars and bashed in the windows of our own rising disenfranchisement.”

    “Open the gates!”

    (Kevin Gosztola)

    Femi Kuti & Made Kuti – Legacy+

    The legacy of legendary activist and Afrobeat originator Fela Kuti is carried on by his son Femi and grandson Made on “Legacy +.” It is a double album that includes “Stop The Hate” (the 11th album by Femi) and “For(e)ward” (Made’s debut album).

    Like Fela’s music, the two albums mix poignant political commentary with infectious beats. Femi takes aim at Nigerian political corruption while touching upon issues of universal concern. On “Na Bigmanism Spoil Government,” he says, “Come on, tell them, let them change their ways.” He also encourages the masses to take their stand against authority on tracks like “Set Your Minds Free.”

    Made covers similar themes but experiments more with the music. He also pays tribute to his grandfather on “Different Streets,” (“A prophet is what many of us call Fela. Someone with very special skills to see very far. But grandpa was not predicting the future with songs. He was speaking about everything he saw. Everything that was wrong”).

    Femi and Made are torch-bearers of Afrobeat, and no doubt Fela would be proud of the music they are creating.

    (C.J. Baker)

    The Muslims – Fuck These Fucking Fascists

    The Muslims are what they say they are and fucking mean every fucking word on this fucking album. They describe themselves as a “crunchy, kickass punk band of Black and brown queer muzzies.” They say “your racist dad is a piece of shit and THIS IS NOT A SAFE SPACE.” That is fucking all caps because no one perpetuating vile systems of oppression will be spared.

    With that said, the band’s messages range from deadly serious to the stuff of anarchic pranksters. “Crotch Pop A Cop” and their song imagining the ghost of John McCain visiting the White House are mischievous fun. The sharp wit of “Illegals” is more biting than the majority of protest songs recorded recently.

    The average song length is a little less than two minutes because the Muslims don’t need any fucking longer to fucking call out who needs to be called out. They just fucking show solidarity with those feeling spit on and beaten down then get on to pounding out the next riff.

    Fuck Nazis. All cops are class traitors (and bastards). Take your pleas for unity and fuck yourself. And most importantly, be proud of who you are.

    (Kevin Gosztola)

    Leanne Betasamosake Simpson – Theory Of Ice

    Leanne Betasamosake Simpson is an acclaimed novelist, poet, scholar, and singer, as well as a member of the Michi Saagiig Nishnaabeg, an indigenous group in southern Ontario, Canada.

    A prominent theme on “Theory Of Ice” is climate change. On “Break Up,” the opening track, Simpson poignantly sings, “There is euphotic rising and falling. Orbits of dispossession and reattachment. Achieving maximum density: 39 degrees Fahrenheit.” The song “Failure of Melting” bleakly depicts the impact on our natural world (“The caribou sit measuring emptiness. The fish study giving up.”) 

    But the album’s standout is her potent reworking of indigenous musician Willie Dunn’s “I Pity The Country.” The tune not only builds on the theme of climate change but explores other aspects of Canada’s troubled history of colonial oppression. 

    Dunn’s classic protest song may be from 1971, but the lines, The police they arrest me. Materialists detest me. Pollution it chokes me. Movies they joke me. Politicians exploit me. City life it jades me,” still resonate in fifty years later.


    (C.J. Baker) 

    Snotty Nose Rez Kids – Life After

    On the indigenous Canadian rap duo’s fourth album, they once again blend banging beats with pointed political commentary.

    Darren “Young D” Metz of the duo described the origin of the title: “There are times when I don’t want to talk to people about [my struggles], so I just write about it, for my own sanity.”

    “There were things that we needed to say and get off our chest. We came up with [the concept of] ‘Life After’ because it’s about life after the pandemic, but it could be life after anything, really. Life after depression, or life after success, after grinding for so long.”

    Beyond the pandemic, they confront police brutality on ‘Red Sky at Night,’ rapping, “We ain’t safe in the streets from the people or police or the system put in place for the wealthy. No Justice, no peace, we’re dying in the belly of the beast.” They rap about religious corruption and the numerous children’s graves found at former residential schools on “Grave Digger,’ saying “I been tryna save my people. I’m the one that should be saved. I just wanna catch a body. I’m so tired of digging graves.”

    In Canada, there is much discussion about truth and reconciliation. SNRK play a vital role in amplifying uncomfortable truths that must be part of that process for indigenous communities.

    (C.J. Baker)

    Sons of Kemet – Black to the Future

    “I wanted to get a better sense of how African traditional cosmologies can inform my life in a modern-day context,” Sons of Kemet bandleader Shabaka Hutchings told Apple Music. “Then try to get some sense of those forms of knowledge and put it into the art that’s being produced.”

    The jazz ensemble’s fourth album takes these cosmologies and explores the Black experience. “Field Negus,” the opening track (featuring vocals from Joshua Idehen), is a response to Black Lives Matter protests in London. 

    “Pick Up Your Burning Cross” (featuring Moor
    Mother & Angel Bat Dawid) addresses issues of oppression, and “In Remembrance of Those Fallen” pays tribute to those who have fought for liberation and freedom within anti-colonialism movements.

    The album reflects upon the past while providing a galvanizing message for moving onward to the future. It is music that successfully engages the mind, the heart, and the body.

    (C.J. Baker)

    David Rovics – May Day

    Guitarist and folk singer David Rovics remains one of the most prolific and hardest working musicians writing songs of struggle. In 2021, Rovics reunited with the band he performed with from 1997-2008. Sean Staples played mandolin and guitar, Eric Royer played banjo, and Hazel Royer played bass live in a studio.

    The banjo and mandolin combine to add a bittersweetness to “If A Song Could Make Your Troubles Go Away,” as Rovics sings about all he wishes he could do for the downtrodden.

    “I know I’m not the first to feel like I’m knocking on the door of either a new dystopia or some movement of great renown,” Rovics muses on “116 Degrees,” a song that surveys the human sacrifice zones, which are and will continue to bear the brunt of climate-fueled disasters.

    He pays tribute to Anne Feeney, the late great protest singer who departed this world in 2021, and memorializes more atrocities against Palestinians living under Israeli apartheid. And in the tradition of music’s best topical protest songs, the ballad, “When Chevron Came To Ecuador,” summarizes the sordid events around the oil company’s “Chernobyl of the Amazon” and their imprisonment of human rights attorney Steven Donziger.

    (Kevin Gosztola)

    Witch Camp (Ghana) – I’ve Forgotten Now Who I Used to Be

    This is an important archival project that collects field recordings from Ghana’s infamous witch camps.

    Witch camps are settlements, where women accused of witchcraft can seek refuge. Those persecuted as witches often suffer from mental health issues and physical ailments. Others are shunned as a ploy to steal their land after their husband’s passing.

    “Belief in witchcraft is sometimes also used as simple scapegoating for the arrival of bad luck, such as foul weather or illness,” said photographer Marilena Umuhoza Delli, who worked on the archive project.

    “More commonly, it is a justification for pre-existing hate and prejudice. A member of my own family was driven out of her village in Malawi as a child after she was accused of being a witch due to having a white father— a fate that could have been my own if our places of birth were simply swapped.”

    The musicians employ unique instruments from the natural environment, such as corn husks, a teapot, tin cans, and tree limbs. Altogether, those involved create a remarkable project that preserves overlooked cultures and elevates the voices of those who often overlooked and rendered voiceless.

    (C.J. Baker)

    HONORABLE MENTIONS: Jackson Browne – “Downhill From Everywhere” | Evan Greer – “Spotify Is Surveillance” | The Halluci Nation – One More Saturday Night | Haviah Mighty – “Stock Exchange” | Nick Lutsko – “Songs On The Computer” | The Weather Station – “Ignorance”

    The post Ten Of The Best Protest Albums Of 2021 appeared first on Shadowproof.

    This post was originally published on Shadowproof.