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John Kiriakou

Guarding Democracy From News

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The past month has seen blows against freedom of speech for independent news outlets and, indeed, for all Americans. I’m not being hyperbolic here. There are real threats to our freedom of speech against which we ought to mobilize. 

First, the Biden administration named something called a “Disinformation Governance Board,” housed in the Department of Homeland Security, whose job will supposedly be to “standardize the treatment of disinformation by the agencies it oversees.” That means that the government will be the final arbiter of what disinformation is. It will decide what we can and can’t read. At least that’s the plan. (It is now on hold after an angry backlash.)

Republicans were furious with the announcement, with Sen. Mitt Romney (R-UT) telling Homeland Security Secretary Alejandro Mayorkas at a Senate hearing last month, “This is an awful idea, and you ought to disband it.”

Twenty state attorneys general have already threatened to sue the Biden administration and are calling for it to “immediately disband” the board and to “cease all efforts to police Americans’ protected speech.” 

For his part, Mayorkas, in that Senate hearing, said that the Disinformation Governance Board would protect the country from foreign disinformation tied to natural disasters, acts of terrorism and war.
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The Dark Past of Biden’s Nominee for National Intelligence Director

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Former acting CIA Director Mike Morell, who has disingenuously argued for years that he had nothing to do with the agency’s torture program, but who continued to defend it, has taken himself out of the running to be President-elect Joe Biden’s new CIA director. The decision is a victory for the peace group Code Pink, which spearheaded the Stop Morell movement, and it’s a great thing for all Americans. Now, though, we have to turn our attention to Biden’s nominee to be director of national intelligence (DNI), Avril Haines.
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Know Your Rights. Don’t Talk to Cops at the Airport

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I confess to a dislike of the police; any police at any level. I dislike equally local cops, state troopers, federal law enforcement from a myriad of agencies and prison guards. I’ve always said, “Give a man a badge and a gun and you’ve created a monster.” I also believe that my opinion about law enforcement in the United States is in the minority.
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Those Torture Drawings in the NYT

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The New York Times last week published shocking drawings by Guantanamo prisoner Abu Zubaydah showing in graphic detail the types of tortures he endured at the hands of CIA officers and contractors at secret prisons around the world. The drawings were sickening. With a child’s simplicity, they showed the irrational cruelty of the CIA’s torture program, which weakened our country, violated domestic and international law and ended up saying so much more about us, as Americans, than it did about the terrorists who wished us harm.
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What Was This CIA Officer Thinking?

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The news is dominated by “the whistleblower,” the CIA officer who reported to the CIA Inspector General (IG) that President Donald Trump may have committed a crime during a conversation with the president of Ukraine. I’ve been fascinated by the story for a couple of reasons.
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In Search of a Russiagate Scalp: The Entrapment of Maria Butina

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Much has been written about Maria Butina, the Russian “spy” who was accused of seeking to infiltrate the National Rifle Association and other organizations to try to gain a foothold in the Trump campaign and, later, in the White House. Much of it turned out to be nonsense. Butina wasn’t a spy. She wasn’t charged with spying. She wasn’t accused of being a spy. But that’s how the media branded her. The important thing is that there actually were spies around her. And they weren’t who you might have thought.

In the Butina case, the FBI and the Justice Department needed a scalp in the midst of the frenzy about the ultimaely unproven collusion theory of “Russiagate,” and so Butina was charged and convicted of “conspiracy to fail to register as an agent of a foreign government.” Seriously. Let me explain what that means. The Foreign Agents Registration Act (FARA) was passed into law in 1938. It “requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts, and disbursements in support of those activities.” The law, the registration, and the database are meant to keep track of foreign lobbyists. Nothing more.

In realistic terms it means this: In 2008, I was hired by the Abu Dhabi Chamber of Commerce to write a series of op-eds in support of doing business in the city. I wrote four op-eds and they paid me a fee. But I had to go to the Justice Department’s FARA website and register as a “foreign agent,” meaning that I was being paid by a foreign government. No problem. It didn’t mean that I was a “secret agent” for Abu Dhabi. It just meant that I was temporarily in the employ of a foreign government.
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Julian Assange: Prisoner of Conscience

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Federal authorities in the Eastern District of Virginia (EDVA) last week issued a superceding indictment and charged Wikileaks co-founder Julian Assange with 17 counts of espionage. Along with a charge of conspiring to gain access to a government computer, he faces 175 years in prison. Julian’s current plight is well-known. He’s serving a 50-week sentence for bail-jumping in London’s maximum-security Belmarsh Prison, awaiting extradition to the United States. Swedish authorities have reopened a sexual assault investigation against him. And in the meantime, his attorneys are challenging any extradition to the United States, all the way to the European Court of Human Rights, if necessary.

I want to get a couple of points out of the way before I get into the substance of this column. I believe unreservedly that Julian Assange is a journalist, a publisher, a whistleblower, and a prisoner of conscience. His revelations of US war crimes were examples of exactly what a journalist and publisher should be doing. His actions meet the legal definition of whistleblowing: Bringing to light any evidence of waste, fraud, abuse, illegality, or threats to the public health or public safety. And he is clearly a prisoner of conscience, incarcerated for his belief in transparency and that all governments should be held accountable for their actions.

Somebody should mention this to Amnesty International (AI). The global “human rights” organization has turned its back on Julian, just as it did to Chelsea Manning, CIA whistleblower Jeffrey Sterling, and me.
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The Railroad That Awaits Julian Assange

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The Justice Department said Thursday that it was charging Julian Assange with one felony count of conspiring to hack into a computer. In the greater scheme of things, that’s a nonsensical charge. There are probably 10,000 fat, lonely guys, living in their parents’ basements who the government could charge with that crime on any given day. 

Assange’s attorneys in the UK say the extradition process might last five years because it will likely end up in the European Court of Justice. If true, conceivably Assange could be detained for five years awaiting extradition, or roughly the same amount of time he might be sentenced to if convicted on the computer hacking charge. 

Justice Department policy defines time in detention under almost any circumstance as time served. So if there ever were a trial in the US for the computer hacking charge it would likely be nothing more than a show trial.

Additional charges after the application for extradition has been filed are unlikely, due to limitations in extradition treaties requiring full disclosure of all charges prior to an extradition being considered. But that’s not the issue here.
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Brennan and Clapper Should Not Escape Prosecution

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Republican Sen. Chuck Grassley, the longtime chairman of the Judiciary Committee, made a dramatic announcement Nov. 1 that should lead to jail time for both former CIA Director John Brennan and former Director of National Intelligence James Clapper.

As reported, but widely overlooked amid the media focus on the midterm elections, Brennan ordered CIA hackers to intercept the emails of all potential or possible intelligence community whistleblowers who may have been trying to contact the congressional oversight committees, specifically to the Senate Select Committee on Intelligence and the Senate Judiciary Committee.

Hacking the Senate’s computer system constitutes illegal use of a government computer, illegal espionage and wire fraud.

Brennan and Clapper, in 2014, ostensibly notified congressional overseers about this, but in a way that either tied senators’ hands or kept them in the dark. They classified the notifications.
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The Conservative Case Against Gina Haspel

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The White House is insisting that Gina Haspel move forward in nomination as director of the Central Intelligence Agency, despite her own concerns that the Senate hearings—expected to begin Wednesday—could turn brutal over her history in the CIA’s torture program. The Trump administration would be smart to heed her concerns.

Predictably, progressives like Senators Elizabeth Warren, Ron Wyden, and Bernie Sanders have come out strongly against her. Libertarian Republican Senator Rand Paul said not only that he’ll vote against Haspel, but that he’ll filibuster her nomination. Paul does that kind of thing to nominees who have a background in the CIA’s torture program—he also filibustered, albeit unsuccessfully, John Brennan’s nomination as CIA director when President Obama made that appointment in 2013.

But in addition to progressive and libertarian concerns, there is also a conservative case to be made against Haspel—and certainly a Christian case against her.

Almost none of my progressive friends know that I’m a former adjunct professor of intelligence studies at Liberty University, the right-wing evangelical university founded by the late Jerry Falwell. Liberty prides itself on its record of turning out conservatives and evangelicals and preparing them for a lifetime of activism. While there, I was assigned to the Helms School of Government, named after the late Republican senator Jesse Helms, one of the most deeply conservative members that body has ever seen. I genuinely liked and respected every professor and administrator I encountered at the Helms School, and I consider many of them to be my friends.
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