When Whistleblowers Are Branded as Spies: Edward Snowden, Surveillance, and Espionage

Presented at HOPE X (2014), July 18, 2014, 1 p.m. (60 minutes).

When The Guardian and Washington Post published the first stories exposing the National Security Agency's surveillance operations based on revelations from the whistleblower Edward Snowden, the world learned that U.S. government officials told a series of misleading half-truths and outright lies to conceal what has become a U.S. surveillance industrial complex. The revelations revealed massive waste, fraud, abuse, illegality, and an equally massive loss of valuable intelligence. In response to the understandable public outrage about their mass surveillance, the NSA chose not to investigate the officials who needlessly and in secret sacrificed the privacy of hundreds of millions of innocent people. Rather, the intelligence community has spent untold resources investigating and attempting to discredit Snowden. It is a predicable response for an institution to focus on the messenger rather than the message. It can be an effective distraction to focus the media and public attention on one individual rather on exposing systematic, widespread illegality in a powerful government agency. Whistleblowers in all corporate and government spheres risk choosing their conscience over their careers, but under the Obama administration, national security and intelligence whistleblowers face choosing their conscience over their very freedom. The Obama administration has prosecuted more people under the Espionage Act for alleged mishandling of classified information than all past presidential administrations combined. The Espionage Act is an arcane, vague, and overbroad World War I-era law intended to go after spies, not whistleblowers. NSA whistleblower Thomas Drake objected to mass surveillance using internal channels and was charged under the Espionage Act. Central Intelligence Agency whistleblower John Kiriakou objected to torture and was charged under the Espionage Act. He is now serving 30 months in prison. Army Private Chelsea Manning helped expose war crimes and is serving 35 years after facing Espionage Act charges. Because of this pattern of persecution, Edward Snowden was forced to leave the United States and seek asylum in Russia after the U.S. government left him stranded in the Moscow airport last year. This talk, by a member of Snowden's legal team, will address all of this and more.


Presenters:

  • Jesselyn Radack
    Jesselyn Radack is a legal advisor to Edward Snowden and has represented many of the whistleblowers charged under the Espionage Act. She is the director of National Security and Human Rights at the Government Accountability Project (GAP), the nation's leading whistleblower organization. She has been at the forefront of the government's unprecedented "war on whistleblowers," which has also implicated journalists and hacktivists. Among her clients, she represents seven national security and intelligence community employees who have been investigated, charged, or prosecuted under the Espionage Act for allegedly mishandling classified information, including Edward Snowden, Thomas Drake, and William Binney. Previously, she served on the DC Bar Legal Ethics Committee and worked at the Justice Department for seven years, first as a trial attorney and later as a legal ethics advisor. She is author of TRAITOR: The Whistleblower and the "American Taliban." Her writing has appeared in the New York Times, Wall Street Journal, Los Angeles Times, Washington Post, Guardian, The Nation, Salon, and numerous academic law reviews.

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