by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – A military judge Thursday denied a motion by Army Private First Class Bradley Manning’s attorneys to dismiss the key charge of “knowingly aiding the enemy.”  This charge is the most severe of the more than twenty charges levied against Pfc. Manning, who now faces a potential sentence of life in prison.

Pfc. Manning made headlines in May 2010 when he was arrested in connection with the leaking of classified military to the information disclosure system WikiLeaks.

Pfc. Manning most notably provided a video, named “Collateral Murder” when it was released by WikiLeaks, which showed an American helicopter firing on a group of men in Baghdad which included two Reuters journalists.  “Collateral Murder” is widely viewed as the video that garnered WikiLeaks fame with free information supporters and infamy with national security proponents.

In the motion hearing Thursday, prosecutors presented evidence that information leaked by Pfc. Manning and posted on WikiLeaks ultimately ended up in computer networks owned by former Al-Qaeda leader Osama bin Laden.  The LA Times reported that Captain Angel Overgaard said in the hearing “[Pfc. Manning] knew exactly what he was doing in exposing that information.  The enemy was looking for this specific information.”

The Obama administration came under fire following Judge Col. Lind’s decision with many accusing the President of trying to deter whisteblowers.  Judge Col. Lind asked prosecutors on two separate occasions whether they would have prosecuted Pfc. Manning if he had leaked information to The Washington Post or the New York Times.  Prosecutors assured the Judge that they still would have prosecuted Pfc. Manning.

Many whisteblower advocates worry that Judge’s decision Thursday means that any classified information that ends up online could be met with charges of “aiding the enemy.” Ben Wizner, an attorney for the American Civil Liberties Union, told the Washington Post “By pressing forward with this dangerous and overbroad legal theory, the government has virtually ensured that any conviction of Manning will be vulnerable on appeal.”

Wizner went on to say that the “aiding the enemy” charge was designed to “transform what was widely seen around the world as a valuable leak into treason.”

For more information, please see:

BBC News – Wikileaks accused Bradley Manning loses challenge to most serious charge – 18 July 2013

CBS News – Judge won’t dismiss most serious charge against Bradley Manning in WikiLeaks case – 18 July 2013

LA Times – Bradley Manning must face aiding-enemy charge, military judge rules – 18 July 2013

The Guardian – Bradley Manning trial judge refuses to drop ‘aiding the enemy’ charge – 18 July 2013

The Washington Post – Judge in Bradley Manning trial declines to dismiss key charge – 18 July 2013

The Washington Post – Bradley Manning is at the center of the WikiLeaks controversy. But who is he? – 8 May 2011

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – A former FISA Court judge voiced concerns on Tuesday about the lack of an adversarial system for the government to obtain wiretap and data collection warrants. James Robertson, a former federal district court judge said that the FISA Court has essentially become “something like an administrative agency” because only the government is represented in warrant requests.

Robertson spoke Tuesday before a federal oversight board directed by President Obama aimed at scrutinizing government spying. “Anyone who has been a judge will tell you a judge needs to hear both sides of a case,” Robertson explained. Robertson, however, defended the FISA Court as a whole, saying that it remained independent in its proceedings. He further praised the court system for requiring “scrupulous and fastidious” work from the Department of Justice in obtaining warrants during his tenure.

Robertson placed blame on a 2008 piece of reform legislation that expanded the government’s authority over the FISA Court. Under the 2008 reform, the government may compel the FISA court to approve entire surveillance systems instead of surveillance warrants targeted as individual suspects.

The 2008 reform attracted little public attention until former NSA contractor Edward Snowden released classified information detailing an NSA program to collect cellphone metadata from American citizens. Robertson said that he was “stunned” by the news that the FISA court created law that allowed the NSA to gather information not only to find terrorist suspects, but also espionage and cyber-attack suspects.

Royce Lamberth, who was the chief judge on the FISA Court from 1995 to 2002, defended the Court in its entirety. Lamberth took offense to the notion that the Court gave “rubber stamp” approval for warrant requests, telling NPR, “We’re approving it because it should be approved, because it’s valid, because what the government’s doing here is the kinds of things we should be doing.”

Lamberth recalled “bloodcurdling” briefs in the wake of 9/11 that predicted a follow-up attack as evidence of why the government cannot back down on national security.

Lamberth has made many controversial decisions in his career and recently made the news for approving a search warrant for the email and phone records of a Fox News reporter.

For more information, please see:

UPI – NSA tapped fiber cables to collect data – 10 July 2013

ABC News – Former Judge Admits Flaws in Secret Court – 9 July 2013

Boston.com – Former FISA judge says secret court is flawed – 9 July 2013

CBS News – Former judge admits flaws with secret FISA court – 9 July 2013

NPR – Ex-FISA Court Judge Reflects: After 9/11, ‘Bloodcurdling’ Briefings – 3 July 2013

By Michael Yoakum
Impunity Watch Reporter, North America

MOSCOW, Russia – Since revealing classified intelligence on June 6, former NSA contractor Edward Snowden has been on the run from the US government.  News outlets began reporting Monday that Snowden left Hong Kong heading for Ecuador with a layover in Moscow.  Reporters, believing Snowden to be bound from Moscow to Havana, Cuba, booked flights on Aeroflight SU150 only to find that Snowden was not on board.

Snowden stayed behind in Moscow’s Sheremetyevo International Airport where he remained Tuesday and Wednesday.  During that time, Secretary of State John Kerry wasted no time expressing his concern that Snowden was able to leave Hong Kong, stating it would be “deeply troubling” to find that China had intentionally allowed Snowden to fly to Russia.  Kerry, joined by Secretary of Defense Chuck Hagel, urged Russia to “do the right thing” and extradite Snowden back to the United States.

As of Wednesday, Russian Prime Minster Vladamir Putin has not acquiesced to US demands, stating that the Russian authorities may not take action against Snowden, who, by remaining in Sheremetyevo Airport, has not technically entered Russian borders.

Since fleeing Hong Kong, Snowden has been formally charged in the US with espionage for disclosing classified information, a crime which carries a prison sentence of up to ten years and may also include a fine.  Snowden may never stand trial, however, since Ecuador has invited Snowden to apply for political asylum.

Ecuador famously provided political asylum to WikiLeaks founder Julian Assange in their London embassy.  NBC News reports that Ecuadorian President Rafael Correa “sharply criticized” the US government for drawing attention away from the sweeping NSA intelligence programs by focusing attention on finding and prosecuting Snowden.

Ecuador may not be Snowden’s only option for political asylum.  Venezuelan President Nicolas Maduro praised Snowden’s courage and offered to allow him to apply for political asylum in Venezuela.

 

For further information, please see:

ABC News – Edward Snowden Steps Into Secret U.S.-Russia Spy Scuffle – 26 June 2013

NBC News – Hagel calls on Russia to return Edward Snowden to answer for ‘serious security breach’ – 26 June 2013

NBC World News – Chavez successor praises Snowden, offers to consider asylum – 26 June 2013

CBS News – Russia: Edward Snowden hasn’t “crossed the Russian border,” and U.S. demands “unacceptable” – 25 June 2013

BBC News – Edward Snowden: US anger at Russia and China – 24 June 2013

CBS News – Reporters chasing Edward Snowden stranded on Cuba-bound plane – 24 June 2013

 

By Michael Yoakum
Impunity Watch Reporter, North America

HAVANA, Cuba – Negative press continues to mount for the Obama administration amidst details of the treatment of prisoners in Guantanamo Bay.  The Lancet medical journal published a letter signed by more than 150 doctors that called upon President Obama to use doctors that Guantanamo inmates could trust.

The letter, published Wednesday, was a response by medical practitioners to new information that has come to light detailing the US military’s practice of force feeding prisoners.  The force feedings began three months ago when inmates began a hunger strike prompted by the implementation of tougher prison searches.

Ahmed Belbacha, an Algerian detainee, told BBC through his attorney that enduring the forced feedings “hurts a great deal.”  Belbacha was detained in 2001 and cleared to be released in 2007.  He remains in Guantanamo because Belbacha says he cannot return to Algeria and the US has been unable to find a country willing to accept him.

Belbacha states that he told the military doctors that force feeding him violated medical ethics but the doctors said they had no control in the matter.

The doctors who authored Lancet article said that detainees had “very good reason” not to trust the US military doctors because they must follow orders from their military superiors.  The doctors who signed the article offered a solution: allow them to travel to Guantanamo and treat the hunger-striking inmates.

The doctors’ request is likely in response to an open letter sent by 13 inmates to the UK-based newspaper, the Guardian, in May.  The letter begins “Dear Doctor, I do not wish to die, but I am prepared to run the risk . . .because I am protesting the fact that I have been locked up for more than a decade, without a trial, subjected to inhumane and degrading treatment and denied access to justice.”  The letter continues, “For this reason, I am respectfully requesting that independent medical professionals be allowed in to Guantanamo to treat me.”

President Obama campaigned in 2008 on a platform that promised to close Guantanamo.  Since the hunger strike began, President Obama has renewed efforts to permanently close Guantanamo but has been met with resistance from Congress.

For further information, please see:

BBC News – Guantanamo detainee describes ‘ordeal’ of force feeding – 19 June 2013

CNN – Doctors to Obama: Let us treat hunger-striking detainees at Guantanamo – 19 June 2013

Fox News – As hunger strike roils Guantanamo, ex-prisoner talks of his long protest and forced feeding – 15 June 2013

The Guardian – Guantánamo Bay prison detainees protest – open letter full text – 31 May 2013

Al Jazeera – Physician dismisses force-feeding concerns – 21 May 2013

Reuters – Analysis: In force-feeding detainees, Obama has courts on his side – 26 April 2013