Monday September 12, 2022
Whatever your feelings about former President Trump, there are reasons to be skeptical when government officials say it was necessary to raid his Florida home to recover classified documents that threatened national security.
Like the former president, I was once accused by the government of mishandling classified information connected to my representation of a detainee at Guantanamo Bay. There was nothing in my client’s file that posed any danger to national security. My client was an innocent shopkeeper who was sold to the Americans back in 2003 when the US was paying bounties to corrupt Afghan warlords to turn in Al Qaeda or Taliban fighters, and then shipping those men 8,000 miles to our newly built prison camp in Cuba. The government decided to classify every document in the detainee files as “secret,” not to protect national security, but so it could lie with impunity and tell the American people that the prisoners at Gitmo were the “worst of the worst,” and “terrorists” captured on the battlefield.
I never revealed any classified information. I got into trouble after writing an article criticizing the government’s practice of classifying certain evidence above the security clearance level of the detainee’s lawyer, making it impossible to challenge. Following a hearing at the Department of Justice, I was allowed to keep my security clearance long enough to see my client released back to his home and his family after 12 years of unjust imprisonment.
I was never in serious legal jeopardy. But the experience opened my eyes to the ways that our government abuses its power to classify information as “secret” to protect its own officials from embarrassment or criminal exposure. Since 9/11, the people most aggressively pursued for mishandling classified materials are whistleblowers, not traitors.