Why Edward Snowden rightly fears Obama’s war on whistle-blowers

The last 24 hours have seen the incredible and inspiring journey of Edward Snowden from Hong Kong on his way to Ecuador. Wikileaks have been essential in the process. It’s encouraging, in the face of belligerence and illegality by Washington in its “war on terror”, that alternative forces and balances of power are able to circumvent the clutches of a super-power that simply wants to avoid transparency. I wish Snowden the best of luck in his travels. His revelations have undoubtedly enriched our understanding of the out of control nature of the US and British surveillance apparatus.

A key reason why Snowden would not trust Barack Obama is revealed in this disturbing McClathchy report:

Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.

President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.

Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.

“Hammer this fact home . . . leaking is tantamount to aiding the enemies of the United States,” says a June 1, 2012, Defense Department strategy for the program that was obtained by McClatchy.

The Obama administration is expected to hasten the program’s implementation as the government grapples with the fallout from the leaks of top secret documents by Edward Snowden, the former National Security Agency contractor who revealed the agency’s secret telephone data collection program. The case is only the latest in a series of what the government condemns as betrayals by “trusted insiders” who have harmed national security.

“Leaks related to national security can put people at risk,” Obama said on May 16 in defending criminal investigations into leaks. “They can put men and women in uniform that I’ve sent into the battlefield at risk. They can put some of our intelligence officers, who are in various, dangerous situations that are easily compromised, at risk. . . . So I make no apologies, and I don’t think the American people would expect me as commander in chief not to be concerned about information that might compromise their missions or might get them killed.”

As part of the initiative, Obama ordered greater protection for whistleblowers who use the proper internal channels to report official waste, fraud and abuse, but that’s hardly comforting to some national security experts and current and former U.S. officials. They worry that the Insider Threat Program won’t just discourage whistleblowing but will have other grave consequences for the public’s right to know and national security.

The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.

“It was just a matter of time before the Department of Agriculture or the FDA (Food and Drug Administration) started implementing, ”˜Hey, let’s get people to snitch on their friends.’ The only thing they haven’t done here is reward it,” said Kel McClanahan, a Washington lawyer who specializes in national security law. “I’m waiting for the time when you turn in a friend and you get a $50 reward.”

The Defense Department anti-leak strategy obtained by McClatchy spells out a zero-tolerance policy. Security managers, it says, “must” reprimand or revoke the security clearances – a career-killing penalty – of workers who commit a single severe infraction or multiple lesser breaches “as an unavoidable negative personnel action.”

Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.

The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public.

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