Author: Marcy Wheeler

While the jury will likely neither note nor learn of them, there were details from last week’s testimony in the Jeffrey Sterling trial that resonated with two other notable cases involving the CIA: the New York Police Department’s spying on Muslims and the leak of Valerie Plame Wilson’s identity.

Intelligence, race, and religion in New York City

On Friday, former high ranking CIA officer David Cohen – who headed up the New York office while Sterling was there – described how he removed Sterling from the Merlin case because he didn’t believe Sterling was performing well at his job (an opinion neither his deputy, Charles Seidel, nor Bob S shared, at least according to their testimony). “His performance was extremely sub-par,” Cohen testified. Cohen also seemed to disdain what might be called political correctness, which if true may have exacerbated Sterling’s increasing sense of being discriminated against for being African American.

That would be consistent with the action for which Cohen has received more press in recent years: setting up the New York Police Department’s intelligence program that profiles the area’s Muslim community. In the wake of 9/11, Cohen moved from the CIA to the NYPD. In 2002, he got a federal court to relax the Handschu guidelines, which had been set up in 1985 in response to NYPD’s targeting of people for their political speech. Handschu required specific evidence before using informants to investigate a group. But, as an article from the Pulitzer Prize winning AP series described it, “Cohen told a federal judge that those guidelines made it ‘virtually impossible’ to detect terrorist plots.” After getting the rules relaxed, Cohen created teams of informants that infiltrated mosques and had officers catalog Muslim-owned restaurants, shops, and even schools. “Cohen said he wanted the squad to ‘rake the coals, looking for hot spots,’” the AP reported in 2011.

Continue reading “CIA’s Small World at the Jeffrey Sterling Trial: Racial Profiling and Leaked Identities”

As Josh Gerstein first reported, the government has just asked the judge in the Jeffrey Sterling trial, Leonie Brinkema, to declare James Risen unavailable as a witness. After having defended their own right to call Risen as a witness all the way to the Supreme Court, claiming all the way they need Risen to prove their case, they’re now saying Sterling should not be able to call him.

Mr. Risen’s under-oath testimony has now laid to rest any doubt concerning whether he will ever disclose his sources or sources for Chapter 9 of State of War (or, for that matter, anything else he’s written). He will not. As a result, the government does not intend to call him as a witness at trial. Doing so would simply frustrate the truth-seeking function of the trial. This is true irrespective of whether he is called by the government or the defense–he is unavailable to both parties.

The real issue, it seems, is the government’s worry that Sterling’s lawyers will ask Risen about those past claims.

[S]ince Mr. Risen is not available as a witness on the central issue in the case, the defendant should be prohibited from commenting on Mr. Risen’s failure to appear or suggesting that the government has failed to meet its burden because it did not call him as a witness.

The government has even asked Brinkema to give jurors an instruction saying,

James Risen has refused to testify concerning his source or sources for Chapter Nine of his book State of War. He is therefore unavailable as a witness in this case. As a result, you should draw no inferences as to either the government or the defense based on Mr. Risen’s absence as a witness or any testimony he might have provided.

We’ll see whether Sterling’s lawyers want to engage in a game of chicken in order to present the lengths to which the government pursued Risen, in addition to their client, in this case.

Investigative journalist Marcy Wheeler writes the “Right to Know” column for ExposeFacts. She is best known for providing in-depth analysis of legal documents related to “war on terrorism” programs and civil liberties. Wheeler blogs at emptywheel.net and publishes at outlets including the Guardian, Salon, and the Progressive. She is the author of Anatomy of Deceit: How the Bush Administration Used the Media to Sell the Iraq War and Out a Spy. Wheeler won the 2009 Hillman Award for blog.

Reprinted with permission from ExposeFacts.

Today, November 2, 2014, is the first annual International Day to End Impunity for Crimes Against Journalists.

To mark the date, the President just issued this statement.

History shows that a free press remains a critical foundation for prosperous, open, and secure societies, allowing citizens to access information and hold their governments accountable. Indeed, the Universal Declaration of Human Rights reiterates the fundamental principle that every person has the right “to seek, receive, and impart information and ideas through any media and regardless of frontiers.” Each and every day, brave journalists make extraordinary risks to bring us stories we otherwise would not hear – exposing corruption, asking tough questions, or bearing witness to the dignity of innocent men, women and children suffering the horrors of war. In this service to humanity, hundreds of journalists have been killed in the past decade alone, while countless more have been harassed, threatened, imprisoned, and tortured. In the overwhelming majority of these cases, the perpetrators of these crimes against journalists go unpunished.

All governments must protect the ability of journalists to write and speak freely. On this first-ever International Day to End Impunity for Crimes against Journalists, the United States commends the priceless contributions by journalists to the freedom and security of us all, shining light into the darkness and giving voice to the voiceless. We honor the sacrifices so many journalists have made in their quest for the truth, and demand accountability for those who have committed crimes against journalists.

It’s a wonderful sentiment, but I wonder if President Obama has thought this through.

Continue reading “President Who Had Yemeni Journalist Jailed Criticizes Impunity for Mistreatment of Journalists”

Citing “law enforcement and intelligence sources who have been briefed on the case,” Michael Isikoff reports that the government has identified “the second leaker” – a source of information on drone targeting and terrorist watchlisting for The Intercept.

The FBI has identified an employee of a federal contracting firm suspected of being the so-called second leaker who turned over sensitive documents about the U.S. government’s terrorist watch list to a journalist closely associated with ex-NSA contractor Edward Snowden, according to law enforcement and intelligence sources who have been briefed on the case.

The FBI recently executed a search of the suspect’s home, and federal prosecutors in Northern Virginia have opened up a criminal investigation into the matter, the sources said.

Because it raises questions about whether the Administration has the “appetite” to prosecute another source for journalists, the article seems designed to generate pressure to do just that – to get Congress (among others) to demand that the Justice Department prosecute this source.

But the case has also generated concerns among some within the USintelligence community that top Justice Department officials – stung by criticism that they have been overzealous in pursuing leak cases – may now be more reluctant to bring criminal charges involving unauthorized disclosures to the news media, the sources said. One source, who asked not to be identified because of the sensitivity of the matter, said there was concern “there is no longer an appetite at Justice for these cases.”

Continue reading “Marcy Wheeler: Are FBI and NCTC Trying to Pressure Prosecutors to Charge the Second Intercept Source?”