Uniforms and WikiLeaks in the Discussion of the Anwar al-Awlaki Killing
This panel discussion between former State Department spokesperson PJ Crowley, former Gitmo Chief Prosecutor Colonel Morris Davis, and ACLU’s Jameel Jaffer is one of the more nuanced, interesting...
View ArticleLeak Prosecutions: Enforcing Secrecy Asymmetry Does Not Equate to Rule of Law
Matt Miller has a piece in the Daily Beast defending the Obama Administration’s prosecutions of leakers. Now, as Josh Gerstein notes, Miller makes his work easier by cherry-picking which cases to...
View ArticleChain of Command: Some Violations of Military Discipline Are More Equal Than...
The other day, Teddy Partridge noted a second instance of someone in the military–the previous one being the Commander-in-Chief–weighing in on Bradley Manning’s guilt. Echoing his commander in chief in...
View ArticleDoes NCTC Have the Minimal Data Security to Guard Its New...
As I noted here and here, yesterday the Director of National Intelligence and DOJ rolled out new Guidelines allowing the National Counterterrrorism Center to acquire non-terrorist datasets from federal...
View ArticleThe Government Can’t Make Up Its Mind Whether WikiLeaks Amounts to Aiding Al...
The government’s arguments in Hedges v. Obama are getting more and more inconsistent. This is the case, recall, where Chris Hedges, Birgitta Jonsdottir, and several other people challenged the section...
View ArticleWhat If the Insider Threat Memo Is about David Petraeus?
In a holiday document dump, President Obama transmitted Minimum Standards for Insider Threat Detection Programs. As mere citizens, we don’t get to see those standards. We only get to see the memo...
View ArticleWill Michael Vickers Now Be Subjected to Forced Nudity?
If you’ve been following the Bradley Manning case at all, you know the government treats alleged leakers by inventing reasons to take away their clothes away. So I wonder whether they’ll now subject...
View ArticleWill NYT’s Ombud Encourage a NYT Pre-Sentencing Memo for Bradley Manning, Too?
When I first read Scott Shane’s long profile of John Kiriakou, I thought, “how interesting that the NYT is doing a piece that exposes the government’s double standards just in time for the sentencing...
View ArticleWas Aaron Swartz’ Effort to FOIA Bradley Manning’s Treatment Why DOJ Treated...
As I mentioned earlier, John Cornyn asked Eric Holder whether Aaron Swartz was prosecuted because of his FOIAs. Second, was the prosecution of Mr. Swartz in any way retaliation for his exercise of his...
View ArticleThe Six Week Delay in the Swartz Investigation
I want to explain something about this post. As I noted, the same day that Aaron Swartz resubmitted his FOIA on Bradley Manning’s treatment, the Secret Service got a warrant to search most of the...
View ArticleThe Traditional Press’ Blind Spot in Aiding the Enemy
This post by Kevin Gosztola lays out many of the implications of the news — revealed in Bradley Manning’s statement to the court yesterday — that he tried to publish the Iraq and Afghan cables with...
View ArticleA Partial Defense of Bill Keller’s Column on Manning
Late Sunday, former New York Times Executive Editor Bill Keller put up an op-ed column at the NYT website on the state of Bradley Manning’s case, his perception of Manning’s motivations and what may...
View ArticleThe National Security Advisor Exception Under the Espionage Act
When the FBI found sensitive — though it turned out, unclassified — documents in Thomas Drake’s basement, he was charged under the Espionage Act. When the Army found hundreds of thousands of classified...
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Is the Government Going to Claim Bradley Manning “Harmed” the US by Exposing...
Last week’s Bradley Manning hearing significantly focused on how much the government could hide about its witnesses. A big part of the discussion pertained to how a Seal Team 6 member would testify to...
View ArticleFirst They Came for James Risen …
I don’t mean to suggest the journalism world did not object to the three subpoenas James Risen got in the Jeffrey Sterling case. They did. But today’s news that Fox’s James Rosen was accused of being...
View ArticleClassification Games Hiding the Afghan Defeat
Amidst all the discussion of the Administration’s crack-down on leaks, two details have made it clear the Administration is using its own abuse of classification to hide reports of our impending defeat...
View ArticleManning Prosecution: I Don’t Think the Government’s Report Says What It...
Kevin Gosztola reports that the government plans to use a document Bradley Manning is alleged to have accessed as part of its proof that he knew he’d be leaking any further information to al Qaeda and...
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Why Has John Bogdan Not Yet Been Relieved of Command at Guantanamo?
Bogdan was clearly put out by having to host Special Envoy Clifford Sloan, the new leader of the U.S. State Department’s Office of Guantanamo Closure, when he visited on July 2. I’m guessing he’s upset...
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Negative Manning Decision and the Future of Investigative Journalism
Little more than few hours ago, a critical ruling was handed down by Judge Denise Lind in the Bradley Manning UCMJ prosecution ongoing at Fort Meade. The decision was on based on this motion by the...
View ArticleOf Course the NSA Can’t Search Its Own Emails…
Justin Elliott reports that when he tried to FOIA emails between National Geographic and the NSA, the world’s premier digital spying agency said they couldn’t search their own emails. “There’s no...
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