Drake’s Misfortune.

“Gabriel Schoenfeld, a conservative political scientist at the Hudson Institute, who, in his book ‘Necessary Secrets’ (2010), argues for more stringent protection of classified information, says, ‘Ironically, Obama has presided over the most draconian crackdown on leaks in our history — even more so than Nixon.‘”

In the New Yorker, Jane Mayer delves deeply into the Obama administration’s continued war on whistleblowers, via the prosecution of NSA whistleblower Thomas Drake. (See also Glenn Greenwald on this, as well as here and here.) “‘I actually had hopes for Obama…[b]ut power is incredibly destructive,’ Drake said. ‘It’s a weird, pathological thing. I also think the intelligence community coopted Obama, because he’s rather naive about national security. He’s accepted the fear and secrecy. We’re in a scary space in this country.’“

Obama Ghraib.

“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”

Sometimes I don’t post here because I’m really busy. Sometimes I don’t post here because the news is too damned depressing: The United States takes another big step towards Miniluv by applying Dubya-era torture and intimidation techniques to an American citizen in custody for leaking, Bradley Manning. (Y’see, it’s a four lights = five lights kinda thing. Manning has to break — and then, like Zubadayah and KSM, voice untruths — for there to be any sort of possible criminal conspiracy case against Wikileaks.)

What is there to say, really? State Department spokesman P.J. Crowley already correctly stated that this abusive treatment of Manning was “ridiculous, counterproductive, and stupid,” and, within days, he was fired for stating the obvious.

The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.

So let’s review. Dubya’s administration constructs an illegal and unconstitutional torture regime — Nobody goes to jail, and nothing changes. (Look forward, not backward!) The Dubya administration lies to the American people in order to prosecute a war of choice in Iraq. Nobody goes to jail, and nothing changes. Through greed and outright fraud, Wall Street traders implode the global economy to the tune of trillions of dollars, and, with the convenient exception of Bernie Madoff, nobody goes to jail, and nothing changes. (Synthetic junk, anyone?) Big banks continue their crime spree by engaging in a massive epidemic of foreclosure fraud, and nobody goes to jail (but we’ll make them promise not to do it again!)

Oh, and an Army private leaks “secret” documents (so secret they were available to millions of people) because “[h]e wanted people held accountable and wanted to see this didn’t happen again” — the very definition of whistleblowing — and now we’re treating him like Winston Smith. (Then again, our president does despise whistleblowers.)

Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.

Nope, sorry. Instead, President Obama fired Crowley and is owning what’s happening to Manning right now. He also just reinstated and normalized indefinite detentions at Gitmo. (Obama the constitutional scholar? Meet the Fifth and Sixth Amendments.) And when not perpetuating Dubya-era illegalities, he (and new lefty-bashing chief of staff) spend their days talking up the deficit, talking down regulation, and hoping the Chamber and the NRA take their meetings. Feel those winds of change, y’all. (Obama meme pic above via here.)

Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.” P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.“

Enemy of the State.

“‘To the extent there are gaps in our laws,’ Holder continued, ‘we will move to close those gaps, which is not to say…that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that’s ongoing.“

After another embarrassing document dump by Wikileaks — this time diplomatic cables, next time Bank of America? — Attorney General Holder threatens the prosecution of Julian Assange, an Australian citizen — most likely under the Espionage Act, the same catch-all 1917 law used to lock up Eugene Debs back in the day.

First of all, Gawker‘s John Cook has already explained why this attempted line of prosecution doesn’t work. However docile the “nation’s watchdogs” remain on any other given day, the newspapers that published these leaks would have to be considered co-conspirators in any Espionage Act-related indictment. “We think its fairly obvious that the Department of Justice won’t go after the Times or any of the other papers involved in the story. But if it doesn’t, that’s just evidence that its attempt to use the Espionage Act to go after Assange isn’t about enforcing laws: It’s about retribution, harassment, and rattling sabers.“

Secondly, if Assange wants to avoid federal prosecution, perhaps he should just…I dunno…torture somebody? Or maybe rip off the American people for trillions of dollars? Or how ’bout just spying on Americans via warrantless wiretap? Apparently, disclosing those kinds of secrets is one of those look-forward-not-backward kinda things.

Let’s get real here. There’s no threat to our troops in these leaks — Even the Pentagon admits that. (A more overlooked problem, as a friend pointed out, is what this leak might mean for human rights workers.) Wikleaks’ methods are of the blunderbuss variety, yes. (That probably speaks in their favor: They don’t seem to tailor their leaks to suit a predetermined spin. They just dump data. And, hey, somebody should be doing the media’s job.) And, sure, Assange comes off as more than a bit pretentious, but what of it? If being a jackass were a crime, our prison system in this country would be completely broken…oh wait, it already is.

In the end, as Glenn Greenwald well put it, “our government and political culture is so far toward the extreme pole of excessive, improper secrecy that that is clearly the far more significant threat.” You’d think an administration that ran on unparalleled transparency in government might feel the same way. But, sadly, like its predecessor, the only crime this administration really seems to hate is whistleblowing.

The Invisible Victim…and the Ring of Power.

“No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)

In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.

“The Beast” is not contained.

“The relationship between the federal government and the oil company has been an awkward collaboration all along — “We have them by the neck,” Interior Secretary Ken Salazar said of BP in congressional testimony last week — but it reached a turning point Monday when the administration said it no longer wants to share a podium with BP at the daily briefing in Louisiana. Instead, the national incident commander, Coast Guard Adm. Thad W. Allen, will give a solo briefing wherever he happens to be.“

With “Top Kill” a failure, the way forward murky, the environmental impact likely irrevocable, and oil still flowing into the Gulf at a rate three times what BP tried to spin, the Obama administration begins to move toward a more confrontational footing, including having Attorney General Holder look into a possible criminal investigation. Yeah, I’d say there’s a case there. And it’d be a much better use of Justice’s time than its flat-out reprehensible war on whistleblowers. (Aquaman cover via Graphic Policy. And Spongebob fared little better.)

Update 2: “‘We will prosecute to the fullest extent of the law, anyone who has violated the law,’ Holder said. ‘This disaster is nothing less than a tragedy.’” I’m all for it — Let’s get some accountability here for once. But, hey, you know what else is a tragedy? Torture. And you know what else? Indefinite detentions. And you know what else? The fraud-fueled Wall St. meltdown. As I noted above, the only folks this Justice Dept. seems to have been cracking down on so far, in full defiance of 2008 campaign promises about transparency, are whistleblowers. Their priorities have seemed awfully screwed-up thus far, to say the least.

The Failure at the Crack.

Another very busy week at work, and haven’t had time to do a real update. But, in the meantime, via @Normative and since today is Tolkien Reading Day (i.e. the day Isildur’s Bane was destroyed and Sauron fell), here’s a great editorial cartoon on the dangers of the ring on the executive power front. (I presume that’s meant to be Russ Feingold in the Elrond role.) The Hearts of Men are easily corrupted, and the Ring of Power has a will of its own…

The Patriot.

As gripping in its own way as a cloak-and-dagger thriller or John Grisham procedural, Daniel Ellsberg: The Most Dangerous Man in America, by co-directors Judith Erlich and Rick Goldsmith and about the famous Rand analyst turned Pentagon Papers whistleblower, is a smart, tautly-made conjuring of recent American history that’s well worth the trip. And, fortunately for me, it’s also a perfect movie to contemplate and write about this President’s Day.

On one hand, the film makes for an interesting moral counterpoint to The Fog of War: Ellsberg’s actions put the lie to a lot of McNamara’s convenient post-hoc rationalizing therein — clearly, SecDef could’ve done more at the time to end the war in Vietnam.) On the other, Ellsberg also works as a prequel of sorts to All the President’s Men — to say nothing of a generation of seventies paranoia epics like The Parallax View and Three Days of the Condor. But in the end, The Most Dangerous Man in America probably works best as an eloquent testament to the words of the late Howard Zinn (who appears here as an old friend of Ellsberg): “Dissent is the highest form of patriotism.”

Like Man on Wire, Ellsberg starts here in media res, and at the scene of the history-making crime. Furtive eyes scan back and forth as an old-school Xerox copier whirrs in the dark, its green light illuminating maps of Southeast Asia and the ominous words “Top Secret” from below. With no zip drives or electronic files to speak of, analyst Daniel Ellsberg is forced to copy the 7000 pages of the Pentagon Papers page by painstaking page. It’ll take months (and eventually he enlists the aid of his kids.) As the Xerox churns, we get up-to-date on the ramifications of the document being processed — bombs fall from the sky over North Vietnam and Cambodia, weary troops patrol the hot, fetid jungle, and Nixon and Kissinger obsess over the leaks in their war machine (with Kissinger giving Ellsberg his moniker: “the most dangerous man in America.”)

Cut back to several years earlier, when the future leaker of the Pentagon Papers seemed quite a different man indeed. A fresh-faced young ex-Marine with a crisp, no-nonsense Kennedy era haircut, Ellsberg began his tenure in government as one of the Best and the Brightest, with an enthusiasm for his 80-hour workweek matched only by his hawkishness. As one of McNamara’s boys, Ellsberg concedes to helping massage the data to create a casus belli for the war. His first day on the job is the Gulf of Tonkin incident that wasn’t, and he spends subsequent weeks trying to dredge up some, any, horrible atrocities in the region that might involve Americans.

But, over time, the scales fall away from Ellsberg’s eyes. In part because he makes the acquaintance of a luminous lefty-leaning journalist named Patricia, who eventually becomes his fiancee…twice. (Ellsberg has a great line about a guy he meets at a peace rally who’s a Trotskyist. He asks this fellow how in Hell he ever became a Trotskyist. The answer: “The same way anybody becomes anything. I met a girl.”) And in part because, driven with an analyst’s overriding compulsion to find the right answer, he starts going to Vietnam himself to lead recon missions on the side and get a better sense of the situation on the ground. Simply put, the Ground Game is not going well.

The rest, as they say, is history. Moved to throw a shoe into the gears of the war machine he had helped nurture into existence, Ellsberg goes rogue and decides to publish the top-secret history of the war. But, even if you feel like you know the story of the Pentagon Papers pretty well, and I thought I did, there are some fresh and intriguing insights here. For example, I’m not really one for Freudianism or overthinking coincidences, but it turns out Ellsberg suffered a tragedy at the age of 15 that made him uniquely primed to play the role in history he ended up playing. (His father fell asleep at the wheel during a road trip, prompting a crash that sheared the car in two and killed Ellsberg’s mother and sister. In other words, watch the authority figures at the wheel verrry carefully.)

And then there’s the man himself, who’s an engaging presence throughout (if perhaps with a touch of monomania — I could see him being a hard guy to get along with.) If The Most Dangerous Man in America has a flaw, it’s that the movie is quite one-sided in the end — Ellsberg even narrates much of the story, and you get the sense at various points there may well be some whitewash being applied. (Ellsberg has an ex-wife, and kids, that aren’t even mentioned for the first 45 minutes or so.) Still, I’m inclined to give Ellsberg — and Ellsberg — the benefit of the doubt (and not just because the man loves his movies.) Ever since George and the cherry tree, we’ve been smoothing the edges of our patriotic tales. And, whatever his misdeeds as a man, Daniel Ellsberg, the film makes clear, is a patriot, through and through.

I use this Cornel West quote rather often, but that doesn’t make it any less true: “To understand your country, you must love it. To love it, you must, in a sense, accept it. To accept it as how it is, however is to betray it. To accept your country without betraying it, you must love it for that in it which shows what it might become. America – this monument to the genius of ordinary men and women, this place where hope becomes capacity, this long, halting turn of the no into the yes, needs citizens who love it enough to reimagine and remake it.”

Daniel Ellsberg is one of those citizens. He saw an obvious crime being perpetrated by our government across multiple presidencies, and he did his part to help put a stop to it. In many ways, the story told in The Most Dangerous Man in America seems quaint: Johnson actually asked Congress for authority to bomb Vietnam? The press wasn’t rolling over like a lapdog in the wake of obvious propagandistic lies? (In fact, the media types who show up late in Ellsberg clearly possess some of the narcisstic sense of self-entitlement that has been our undoing of late. Ellsberg the civilian sweats blood and tears to get this 7,000-page document out in public, and the press poobahs act like they’re both the knowing gatekeepers and the heroes of the story.)

But just because Ellsberg’s brand of patriotism has fallen out of fashion in the era of Judith Miller and the chattering class doesn’t make this story any less relevant. It makes it more relevant. If we’re going to keep our young republic through its third century, we need more men and women of Ellsberg’s stripe. Men and women who will buck the trend, risk the ridicule and wrath of their well-connected peers, and stand up against injustice done under our collective name when they are party to it.

Presidents will get their due on this and every subsequent Presidents Day to come. But, now and again, it’s good to honor those patriots who, through non-violent principle and sheer, dogged determination, help to keep our leaders in check when the separation of powers fails — ordinary folks like you, me, and Daniel and Patricia Elllsberg.

Diebold Another Day.

“Let’s make this clear, folks. The docs Heller is accused of exposing were important evidence. First, they show that Diebold and their attorneys, Jones Day, conspired to mislead the California secretary of state, and that the lie they told was material, and resulted directly in the disenfranchisement of voters. Second, another document demonstrates that Diebold lied to the secretary of state when it represented that certain problems with its software were ‘fixed.’ This document, the release notes for the new software, showed that the problems were not fixed. Third, the documents showed that Diebold had been advised by Jones Day that what it had been doing with its uncertified software was illegal. Fourth, the documents show that Jones Day advised Diebold that it was subject to criminal prosecution. So in a nutshell, Diebold was defrauding the state government and taxpayers of California, and disenfranchising the voters of California. And the documents PROVE it.”

In keeping with recent GOP tales of hounding whistleblowers and using the long arm of government to attack critics, Stephen Heller — the man who exposed some severe shadiness on the part of voting machine maker Diebold and their corporate lawyers, Jones Day — is now facing now three felony counts for raising the alarm. “Heller’s lawyer believes the 2 year wait to file charges was due to the then-impending 2004 election, and that Diebold and their attorneys didn’t want the information to be made public in the lead up to the election.” Flashback: Diebold’s right-wing CEO guaranteed Dubya would win Ohio in the last campaign, and he may well have delivered. (Via Medley.)

McClellan: Hunt the Whistleblowers.

Arlen Specter, who has clearly given up on his oversight and impeachment talk of a few short weeks ago, tries at least to bring future NSA wiretap inquiries before the FISA court. Meanwhile, the White House nixes a call by 18 House Dems to appoint an independent counsel to delve into the NSA matter, opting instead for more of their patented Shoot-the-Messenger defense: “‘I think that where these Democrats who are calling for this ought to spend their time is on what was the source of the unauthorized disclosure of this vital, incredible program in the war on terrorism,’ White House spokesman Scott McClellan said. ‘I really don’t think there is any basis for a special counsel. … But the fact that this information was disclosed about the existence of this program has given the enemy some of our playbook.’“

Out of sight, out of mind.

“Senate Majority Leader Bill Frist says he is more concerned about the leak of information regarding secret CIA detention centers than activity in the prisons themselves…’I am not concerned about what goes on [in the prisons] and I’m not going to comment about the nature of that,’ Frist replied.” Unbelievable. The same guy who blew a gasket over a closed-door Senate session last week couldn’t care less what goes on behind closed doors in secret, illegal CIA gulags. (I guess he figures it couldn’t be much worse than your average day at the Frist family animal shelter.)