Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”. His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone. His disclosures have also put on display what happens to a “whistleblower” in this day and age. He has been forced to flee his home country and is currently living in exile in Russia.
Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs? He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?
You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong.
Over 40 years ago, a group of anti-Vietnam war activists did what Snowden did and actually escaped any notoriety or criminal prosecution in order to show that the FBI was involved in a then unprecedented level of spying on Americans involved in the anti-war and civil rights movements.
“In 1971, as opposition to the Vietnam War peaked and civil unrest rattled America, activists knew they were being watched, infiltrated and undermined by the FBI. But they didn’t know the extent of the agency’s efforts, nor how far J. Edgar Hoover’s agents would go to suppress dissent.
That would change one night in March, when eight men and women broke into an FBI satellite office in Media, PA. They absconded with nearly every piece of paper they could find, sifted through it and anonymously sent various documents detailing the agency’s spying and dirty tricks to major media organizations. While some outlets were initially reticent about reporting on the documents, the revelations would ultimately unleash a torrent of investigative reporting, shining a light on Hoover’s efforts to destroy Martin Luther King and the agency’s now-notorious COINTELPRO program.” Nation of Change
These “burglars” not only escaped with a treasure trove of FBI documents that proved the agency was involved in improper spying on Dr. Martin Luther King, and most, if not all of the anti-war organizations of the day. They also escaped prosecution and they have just recently gone on record to explain what they did and why they did it.
The 5 of the 8 activists/whistleblowers who were interviewed prior to the release of a book described just how they pulled the covers off the secret and seamy side of the FBI and eventually the program mentioned above, COINTELPRO. This “heist” took a lot of planning and the activists planning it were taking a big risk. They all knew the reputation J. Edgar Hoover had and what could happen to anyone who attacked his agency and programs.
‘“When you talked to people outside the movement about what the F.B.I. was doing, nobody wanted to believe it,” said one of the burglars, Keith Forsyth, who is finally going public about his involvement. “ There was only one way to convince people that it was true, and that was to get it in their handwriting.” ‘
Mr. Forsyth, now 63, and other members of the group can no longer be prosecuted for what happened that night, and they agreed to be interviewed before the release this week of a book written by one of the first journalists to receive the stolen documents. The author, Betty Medsger, a former reporter for The Washington Post, spent years sifting through the F.B.I.’s voluminous case file on the episode and persuaded five of the eight men and women who participated in the break-in to end their silence.
Unlike Mr. Snowden, who downloaded hundreds of thousands of digital N.S.A. files onto computer hard drives, the Media burglars did their work the 20th-century way: they cased the F.B.I. office for months, wore gloves as they packed the papers into suitcases, and loaded the suitcases into getaway cars. When the operation was over, they dispersed.” New York Times
It is an amazing story that the FBI and its reported 200 agents that were investigating the burglary, were unable to prosecute any of the whistleblowers. The documents, once disclosed, were instrumental in shining a bright light on the FBI’s illegal activities. The documents also provided the first glimpse of the COINTELPRO program.
The COINTELPRO program had been in place since 1956 and was designed to spy on and disrupt civil rights groups and later, anti-war activists and organizations. ‘“It wasn’t just spying on Americans,” said Loch K. Johnson, a professor of public and international affairs at the University of Georgia who was an aide to Senator Frank Church, Democrat of Idaho. “The intent of Cointelpro was to destroy lives and ruin reputations.”‘
Senator Church’s investigation in the mid-1970s revealed still more about the extent of decades of F.B.I. abuses, and led to greater congressional oversight of the F.B.I. and other American intelligence agencies. The Church Committee’s final report about the domestic surveillance was blunt. “Too many people have been spied upon by too many government agencies, and too much information has been collected,” it read.” New York Times
The Church Committee’s report can be found here. Without these brave activists and the documents that they disclosed, the Church Committee may not have even been formed to investigate the FBI and its illegal activities. When one reads about what these people did in 1971, do you think we, as a country, have learned anything about how important our privacy is and how important legitimate whistleblowers are to our country?
It does seem obvious that these 8 brave activists improved our country and helped protect our privacy rights, at least for a short while. Mr. Snowden gave us a stark reminder that we have tumbled back to the J. Edgar Hoover days. What do we need to do as a country to make sure our privacy is protected and that our intelligence and law enforcement agencies do not continue to make a mockery of the Fourth Amendment?
Should we consider these activists in 1971 as heroes and is it right that our government considers Edward Snowden to be a traitor? I submit that 40 years ago, these 8 people made a difficult decision that improved our country and brought some sunshine upon the programs of the FBI. Will Snowden’s revelations really bring about the changes and improvements that followed the break-in in 1971? Or will the intelligence agencies succeed in hiding behind the veil of national security and continue to gather data on all of us? I am not too optimistic about our current situation, but what do you think?
And Assange probably has the clap and he did not even lie to Congress like Clapper.
I was going to reply to draugnguy above but some of you did a great job. As to Julian Assange, he is accused of porking a prostitute without a rubber. I lived in Nevada and that was verboten but not a crime.
It WAS different when Bush was in Office…
It was different because when the public first learned of the spying was around the same time Americans learned of the torture program. This was late in 2003.
The Nation debated the efficacy of torture and decided if they called it something else it would magically became something else and thus, spent the next three years convincing the general public, through the National Propaganda machine called National News Media (aka ABCNNBCBS&FOXNews(R) ) they had the Nation distracted. Or most of the Nation.
There was, however, a coalition of Liberal activists that kept pressure upon Conyers, Kuchinich and smaller Representatives in 2005 through 2008 elections, that believed that spying on the Nation, as was confirmed in 2004, was illegal and impeachable. Our darling President of today, then Senator Obama took a two faced stance on the matter. Pledging to put a stop to the spying, his talk appeared to look tough. Then came time to vote on the matter. Choosing to alienate his Liberal alliances, Senator Obama chose to vote to immunize the Telecommunication companies from further prosecution for their willful participation of the systematic violation of our Fourth Amendment Rights.
During this same time period of Obama’s rise came the great and famous, the First Female (and IMO, the worst) Speaker of the House, who promptly dismissed any form of legal accountability of the sitting President and High Ranking staff and cabinet of any crime including Constitutional Violations, War crimes, and torture. Anything related to the All Mighty WAR… excused by her.
It WAS different then… we had a chance to hold High Officials accountable for their High Crimes against the people of the Earth. Now what do we have? A drunk in charge of the House who can’t even say BENGHAZI without a hiccup…
Joe Draughn,
Are you suggesting that the only whistleblower worthy of listening to is the one who doesn’t rock the boat, knows their place in line and one who can STFU?
Ok.ok…
… But what of the crimes they revealed?
Is it true, that they should also benefit from Obama’s “FORWARD LOOKING” agenda of excusing High Crimes done on his watch and that of his predecessors? Or is it true that there are two sets of principles at play here that end up with… It never is when (fill in the blank) does it?
Americans appreciate whistleblowers that reveal corruption, waste, fraud and constitutional violations of the Government… no matter how sloppy they reveal such facts.
I should say “most Americans”…
@nick spinelli – I am curious as to why you think this would have been different if it happened when Bush was still in office???
Julian Assange sought shelter in one of the few places on this planet where he is beyond the reach of those who would arrest him. As for the “rape” charge, he is charged with having sex with a consenting female without a condom. Sweden, as far as I can determine, is the only country in the world where a woman can change her mind after the fact, and not using a condom is classified as rape. Come to think of it, there are a lot of rapists running loose in the world, but at no time in remembered history has there been an international manhunt on the scale Assange has been pursued. Furthermore, I can’t recall anytime credit card issuers have refused to process donation payments to an organization (Wikileaks). That was long before the Keystone Kops chase of Assange into that embassy. And the warrant for him is for the prosecutors to question him. He has said repeatedly he will be glad to meet with them and answer any questions they may have, but the Swedish prosecutor has refused. He knows full well that if the Swedish government gets their hands on him, he is likely to disappear into a Homeland Security black hole.
About Bradley Manning. He did violate his oath, and a court martial was in order. However, the over-the-top treatment he has been subjected to is unethical, immoral, and inhumane.
Regarding the attacks of 9/11/2001, that was carried out by less than two dozen guys from Saudi Arabia and Afghanistan. Not Iraq. And considering the three thousand souls who lost their lives, that was a mass murder by criminals. By criminals. Not governments. It should have been a law enforcement matter, not a military adventure.
OS I agree with you about Assange and his situation and charges. It is almost funny to see some accuse Ecuador of being a dictatorship, while they ignore the REAL dictatorships the US sponsors in Honduras, and other places. In Honduras the dictatorship there is very busily murdering hundreds of its opponents, something that the government in Ecuador is NOT doing. Assange would be a dead man if any western police agency got their hands on him. At least he would not have to worry about a fair trial.
I have to say that I am not a fan of Manning. Had he confined his releases to the war crimes in Iraq, I would be in his corner 100%, but he disclosed information that had NO bearing on misconduct or war crimes. Using the Media FBI break in as a template, it would be as though those people disclosed ALL the files that they took. They were very careful to NOT disclose any legitimate files dealing with criminal matters and other legitimate law enforcement activities. They in fact destroyed those parts that were legitimate law enforcement ones so as not to compromise them.
The US initially TRIED to use normal law enforcement techniques to get the perpetrators of 9/11. Unfortunately, the Taliban had given those criminals safe haven and spit on the request of the US AND the UN to turn them over. The UN had imposed sanctions on the Taliban for not turning over Bin Laden for the bombings of US embassies in Africa, and this was just one more government sanctioned act of terrorism. The Taliban thus turned this into one of a casus belli. It was the TALIBAN which decided that war was the only recourse. You also forget that it was an Egyptian who was the leader of the terrorists of 9/11.
While I don’t agree with all of Pelosi’s decisions, it is way off base for max1 to call her the worst in our history. In fact, the Democrats in the House think highly of her, as does Ed Rollins who I saw call her one of the most effective Speakers he has seen If the House members, a well informed GOP operator think she is one of the best, I will have to defer to their judgments. I also rather like her and I am glad that she is majority leader. I will be working and giving money to hopefully make her Speaker once more. It is also nice to see a woman that close to the Presidency when she becomes speaker once more.
Joe Draughn, When the whistleblowing involves Espionage it is an almost impossible task to get a fair trial. The deck is stacked in the government’s favor.
Sorry, but I cannot jump on the bandwagon of comparing Julian Assange, and Edward Snowden to those brave whistleblowers of old. Assange, hiding from a sexual assault charge in a dictactor’s enbassy, issuing vocal rants blaming the US for his woes; and Edward Snowden, fleeing to Russia, after his grand oath violation and theft, and issuing his televised edicts, also blaming America, for his exit on the grounds that he couldn’t get a fair trial here. in America. It just wash; and for some commentors to suggest that the situation would have “played out differently” under Bush or or Republicans, must be asleep at the wheel. Remember, Bush set up these “Patriot Acts,” for better or for worse; and hark back to Nixon, the penultimate beacon of illegality, and paranoia. No one forced Snowden to flee for his life; he chose to do so, hoping for unanimous praise for his “heroic” actions–didn’t pan out that way. Manning was a soldier, who violated his sacred trust. One may differ about the punishment, but not his guilt; Incidentally, his compatriot, Assange, offered no help to him, other than an “Attaboy.”. I have respect for those who exposed the antics of Hoover’s FBI, but I do not automatically feel the same about these latter-day would-be whistle blowers, who dance and run.. I vividly recall the 3,000+ deaths of those in the twin towers and Pennsylvania. All cautionary activities by the government are not automatic Fourth Amendment Violations; nor is the collection of meta-data stats on phone calls automatically illegal, just because Snowden and other bloggers say it is. Who says Snowden can’t get a fair trial in the U.S.? To paraphrase Winston Churchill,comparative statement about democracies:”Snowden’s chances here are better than any other place.” That moaner who, herein, complains about the American government, media, and the public, all being, (WOBs) may wax cutesy and comedic, but he offers no alternative to this country, where he can speak freely, even though hyperbolically, andnon-sensically. When Snowden returns and faces trial, or plea bargain, may consider him for some minor version of hero status…
As a person living in Idaho and very familiar with Senator Frank Church’s legacy and his committee, I often ask where is someone willing to be like him? Then reality sinks in and you realize that the four in congress (I did not vote for any of them) who represent Idaho are weaklings and our two senators are the problem, not the solution.
Trivia about Sen. Frank Church: Both he and Jame Jesus Angleton are buried in Boise’s Morris Hill Cemetery. Both men died from cancer.
I think it’s almost certain that history will judge Snowden favorably, even if the NSA continues with its spying.
…Bill Binney, Thomas Tamm… The list goes on…
“We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.” -Aleksandr Solzhenitsyn
Edward Snowden has certainly done his part, as did Ellsberg and The Citizens’ Commission to Investigate the FBI . (There are others, as well… Thomas Drake, Jesslyn Radack, Kurt Wiebe, Laura Poitras… — certainly not an all inclusive list.)
I wonder about the rest of us. Do we “love freedom enough”?
I suggest that all who love this country need to read The Burglary as I am doing. It is excellent. Make it a best seller!
R W Nye, ” What shall we do?”
There is an election this November. Do not vote for anyone that thinks all this spying stuff is a good thing. That probably means not voting for an R or a D. Fine by me. Do not vote for those that continue to think there is a terrorist behind every email address and phone number.
Paul: Of course we should all participate in elections and hold candidates accountable for their views and actions. You can bet that I’ll be at the polls this November. But Iran has elections, and so does Russia, yet they are only partially free countries as we all know. The creeping realization that we ourselves are living in only a partially free country has been slow in coming. But we should now know that voting isn’t enough–we have to make some fundamental changes to the way business is conducted in Washington. So I ask again: what shall we do?
Like raff, even though I am an optimist by nature, I am not optimistic how this will be resolved.
With the press being butt boys for their guy, Obama, it will take a Republican prez to be in office before the press maybe starts doing their job. This spying has gone on through both Dem and Republican administrations. It has been going on A LONG TIME. If Snowden had timed his release better[like when Bush was prez], this all would have played out differently.
Very good article. I want to read the new book on the FBI break in.
Regarding Snowden and those guys back then and the state of the union now:
Then, we had news agencies such as the New York Times, Washington Post and Saint Louis Post Dispatch that revealed secret information. The families which owned those three major news papers stood up for our rights, Those families: Sullivans, Grahams, and Pulitzers are faded in the case of the Sullivans and gone in the case of the Grahams and Pulitzers.
Today it takes an offshore news outlet like The Guardian to have the guts to publish. No one here on this side of the Pond is standing up for Snowden. versus the Grahams standing up for Daniel Ellsberg in those long gone days.
Today we don’t have a Church Committee. We have a Congress of WOBs (weenies without balls).
Today, we don’t have people marching on Washington to stop the War. We have people marching on Target to get their credit cards fixed.
Today the media, the Congress and the public are all made up of WOBs.
Raff,
The government has learned from some of its mistakes. Obviously, not all of them. For example, they learned that giving media unfettered access to combat zones created the antiwar movement. That resulted in the horrific news stories and TV images that ended the political career of LBJ and created the situation which resulted in Nixon resigning in disgrace. So when the next war came along, they made sure members of the press were tamed and their minders exercised tight control over what they got to see and report.
Since access to politicians is the life blood of reporters, politicians learned to freeze out reporters who wrote stuff they didn’t like.
Daniel Ellsberg also taught them a lesson. Now we see leakers like Julian Assange, Edward Snowden and Private Manning being hunted down like rabid animals. Even maverick reporters–think Glenn Greenwald–end up having to take refuge out of the country beyond the reach of subpoena and secret search warrants.
As for starting wars, not so much.
Every media outlet ought to have a hard and fast rule that reporters and photographers are not to socialize with politicians and lobbyists outside work settings. The annual Press Club dinner is, to me, an outrage. I know a Federal bankruptcy judge who used to be a state representative. When I had to interact with him on behalf of my professional association, he would not allow any favors or gifts. For example, his secretary could not accept flowers. If we were in the cafeteria discussing a piece of legislation, he would not allow me to pour him a cup of coffee or get a soft drink. Would that we had more like him.
Something has to break this year: we the people must respond to the Snowden revelations in a meaningful way. We look to people like you for leadership. What shall we do?