Ex-CIA agent’s conviction reminds us that whistle-blowing remains thankless and perilous, despite assurances of protection

So Jeffrey Sterling, a former U.S. intelligence officer, has finally been found guilty of espionage for leaking details of “what may have been one of the most reckless operations in the modern history of the CIA,” as James Risen, the journalist Sterling was convicted of informing, put it.

The news media wasted little time lamenting Sterling’s Jan. 26 conviction, since their main concern had been with whether Risen, a national security reporter for The New York Times, would be jailed for refusing to say whether Sterling was his source.

After hounding Risen for seven years, the Justice Department had backed off its demand that he inform on his alleged informant, and prosecutors got their conviction anyway. That’s fairly outrageous in itself, since the department’s guidelines had long stipulated that reporters shouldn’t be muscled unless, among other things, there’s no other way to get the evidence prosecutors need, which plainly wasn’t true here.

A pointless verdict to avenge a stale embarrassment —a conviction in 2015 stemming from a 2006 book about a foolish operation that blew up in the CIA’s face in 2000. The spymasters, Risen recounted in State of War, had infiltrated a recipe for nuclear weaponry into Iran that was so transparently flawed that it was immediately detected and which still may have ended up advancing Iran’s nuclear program.

By 2006, when Risen’s book came out, the secrets had long ago ceased to be secret from the people they were supposed to be secret from.

It should be obvious that if Sterling’s leaks had told of unsung heroism and brilliance within the agency, there’d have been no prosecution, even if the information had been no less secret. But he committed the mortal sin of humiliating his bosses, and for that he’ll pay.

Still, the idea that whistle-blowers don’t really have to go public to expose government stupidity is a recurring element in the criticisms leveled at Jeffrey Sterling and other well-placed leakers, such as Chelsea Manning, the Wikileaks uber-source, and Edward Snowden, the former National Security Agency (NSA) operative now a fugitive in, of all places, Russia.

President Obama in 2013 noted that he had approved whistle-blower protection for national security workers. That’s why Snowden had no reason to go to the media with his explosive information about NSA domestic surveillance. “So there were other avenues available for somebody whose conscience was stirred and thought that they needed to question government actions,” the president said.

The idea that whistle-blowers are protected is often voiced, and may sometimes even be true.

But a chilling story that Risen tells in his 2014 book, Pay Any Price, gives a depressingly different account about how warmly whistle-blowers are welcomed inside the Beltway.

Diane Roark was a career civil servant and had spent 16 years on the staff of the House Select Committee on Intelligence when, after 9/11, she was approached by a disaffected senior-level technical manager for the NSA. He told her the agency had apparently launched a domestic, warrantless wiretapping program that, she realized, was illegal and unconstitutional.

The details of the program—which was eventually exposed in December 2005 by Risen and fellow Times reporter Eric Lichtblau—matter less than the lengths Roark went through to alert authorities to what she initially thought had to be “a rogue operation.”

It’s an infuriating chronicle that unfolded over nearly five years. Roark started by approaching her bosses, the senior Intelligence Committee staffers from both Continue reading “Ex-CIA agent’s conviction reminds us that whistle-blowing remains thankless and perilous, despite assurances of protection”

Saving Sources: Time to Stand Up

Introductory Remarks, 8th Annual Reva and David Logan Symposium on Investigative Reporting, organized by the Investigative Reporting Program of the Graduate School of Journalism, University of California, Berkeley, April 26, 2014

Welcome to Berkeley, where we’re observing the 50th anniversary of the Free Speech Movement, which is a natural segue into the theme of this year’s symposium, which focuses on the beleaguered condition of news sources.

This is something I’ve been talking and writing about for the past few years, so I’m very glad to be able to take a few minutes to tee this up before I hand off to the organizer and star of this gathering, Lowell Bergman.

I have three main points:

1. Press freedom is meaningless without source freedom.

2. Neither the media, nor the courts, nor even our frayed system of civic education has ever assigned sources the importance and respect they deserve.

3. And finally, the media need to step up institutionally for their sources.

1. To my first point, which should be obvious but apparently isn’t: press freedom Continue reading “Saving Sources: Time to Stand Up”