The Silenced Majority: Stories of Uprisings, Occupations, Resistance, and Hope (28 page)

The United Kingdom carefully considers extradition requests, as famously demonstrated when crusading Spanish Judge Baltasar Garzón hoped to prosecute former Chilean dictator Pinochet for torture committed under his rule from 1973 to 1990. Based on Garzón’s indictment, Pinochet was arrested in 1998 while traveling in London. After sixteen months of hearings, the British courts finally decided that Pinochet could be extradited to Spain. The British government intervened, overruling the court, and allowed him to return to Chile.

Garzón is known for taking on global human-rights cases under the doctrine of universal jurisdiction, indicting Osama bin Laden for the 9/11 attacks, and probing the abuse of U.S. prisoners at Guantánamo Bay. When he began investigating abuses under the fascist government of General Francisco Franco, who ruled Spain for forty years, Garzón became the target of the right in Spain and was disbarred in early 2012, effectively ending his legal career.

Judge Garzón and Julian Assange have taken on entrenched power, whether government, military, or corporate. Bradley Manning stands accused of the same. In differing degrees, their lives have forever changed, their careers, their freedoms, and their reputations threatened or destroyed. This week, Hillary Clinton will be making the first official trip to Sweden in years. Why? What role is the U.S. government playing in Assange’s case? This week’s developments bear crucially on the public’s right to know, and why whistle-blowers must be protected.

December 21, 2011

Bradley Manning and the Fog of War

Accused whistle-blower Pvt. Bradley Manning turned twenty-four Saturday. He spent his birthday in a pretrial military hearing that could ultimately lead to a sentence of life . . . or death. Manning stands accused of causing the largest leak of government secrets in United States history.

More on Manning shortly. First, a reminder of what he is accused of leaking. In April 2010, the whistle-blower website WikiLeaks released a video called “Collateral Murder.” It was a classified U.S. military video from July 2007, from an Apache attack helicopter over Baghdad. The video shows a group of men walking, then the systematic killing of them in a barrage of high-powered automatic fire from the helicopter. Soldiers’ radio transmissions narrate the carnage, varying from cold and methodical to cruel and enthusiastic. Two of those killed were employees of the international news agency Reuters: Namir Noor-Eldeen, a photojournalist, and Saeed Chmagh, his driver.

Renowned whistle-blower Daniel Ellsberg, who released the Pentagon Papers that helped end the war in Vietnam and who himself is a Marine veteran who trained soldiers on the laws of war, told me: “Helicopter gunners hunting down and shooting an unarmed man in civilian clothes, clearly wounded . . . that shooting was murder. It was a war crime. Not all killing in war is murder, but a lot of it is. And this was.”

The WikiLeaks release of the Afghan War Logs followed months later, with tens of thousands of military field reports. Then came the Iraq War Diaries, with close to 400,000 military records of the U.S. war in Iraq. Next was Cablegate, WikiLeaks’ rolling release (with prominent print-media partners, including the
New York Times
and the
Guardian
in Britain) of classified U.S. State Department cables, more than a quarter-million of them, dating from as far back as 1966 up to early 2010. The contents of these cables proved highly embarrassing to the U.S. government and sent shock waves around the world.

Among the diplomatic cables released were those detailing U.S. support for the corrupt Tunisian regime, which helped fuel the uprising there. Noting that
Time
magazine named “The Protester,” generically, as Person of the Year, Ellsberg said Manning should be the face of that protester, since the leaks for which he is accused, following their impact in Tunisia, “in turn sparked the uprising in Egypt . . . which stimulated Occupy Wall Street and the other occupations in the Middle East and elsewhere. So, one of those ‘persons of the year’ is now sitting in a courthouse.”

Another recently revealed Cablegate release exposed details of an alleged 2006 massacre by U.S. troops in the Iraqi town of Ishaqi, north of Baghdad. Eleven people were killed, and the cable described eyewitness accounts in which the group, including five children and four women, was handcuffed, then executed with bullets to the head. The U.S. military then bombed the house, allegedly to cover up the incident. Citing attacks like these, the Iraqi government said it would no longer grant immunity to U.S. soldiers in Iraq. President Barack Obama responded by announcing he would pull the troops out of Iraq. Like a modern-day Ellsberg, if Manning is guilty of what the Pentagon claims, he helped end the war in Iraq.

Back in the Fort Meade, Maryland, hearing room, defense attorneys painted a picture of a chaotic forward operating base with little to no supervision, no controls whatsoever on soldiers’ access to classified data, and a young man in uniform struggling with his sexual identity in the era of “Don’t Ask, Don’t Tell.” Manning repeatedly flew into rages, throwing furniture and once even punching a superior in the face, without punishment. His peers at the base said he should not be in a war zone. Yet he stayed, until his arrest eighteen months ago.

Since his arrest, Manning has been in solitary confinement, for much of the time in Quantico, Virginia, under conditions so harsh that the U.N. special rapporteur on torture is investigating. Many believe the U.S. government is trying to break Manning in order to use him in its expected case of espionage against WikiLeaks founder Julian Assange. It also sends a dramatic message to any potential whistle-blower: “We will destroy you.”

For now, Manning sits attentively, reports say, facing possible death for “aiding the enemy.” The prosecution offered words Manning allegedly wrote to Assange as evidence of his guilt. In the email, Manning described the leak as “one of the more significant documents of our time, removing the fog of war and revealing the true nature of 21st century asymmetrical warfare.” History will no doubt use the same words as irrefutable proof of Manning’s courage.

October 7, 2009

Watch What You Tweet

A social worker from New York City was arrested last week while in Pittsburgh for the G-20 protests, then subjected to an FBI raid this week at home—all for using Twitter. Elliot Madison faces charges of hindering apprehension or prosecution, criminal use of a communication facility, and possession of instruments of crime. He was posting to a Twitter feed (or tweeting, as it is called) publicly available information about police activities around the G-20 protests, including information about where police had issued orders to disperse.

While alerting people to public information may not seem to be an arrestable offense, be forewarned: Many people have been arrested for the same “crime”—in Iran, that is.

Last June 20, as Iranians protested against the conduct and results of their national election, President Barack Obama said in a statement, “The universal rights to assembly and free speech must be respected, and the United States stands with all who seek to exercise those rights.”

His statement was released in English, Farsi, and Arabic and posted on the White House’s very own Twitter feed. His tweet read, “We call on the Iranian government to stop all violent and unjust actions against its own people.”

U.S. Sens. Charles Schumer, D-N.Y., and Lindsey Graham, R-S.C., wrote to Secretary of State Hillary Clinton, urging her to pressure European nations to restrict sales of eavesdropping technology to Iran. They wrote: “Following recent elections, the Iranian government has used a new communications monitoring center to interfere with and suppress Internet and cell phone communications as part of efforts to crackdown on Iranian citizens peacefully demonstrating . . . including voice calls, email, text messaging, instant messages, and Web traffic, as well as posts to social networking sites such as Twitter, MySpace and Facebook.”

The U.S. State Department, impressed with the importance of Twitter to Iranian protests, asked Twitter to delay system maintenance that might have interrupted the service during the Iranian protests.

While Madison optimistically mused, “I’m expecting the State Department will come out and support us also,” his lawyer, respected civil rights attorney Martin Stolar, said: “This is just unbelievable. It is the thinnest, silliest case that I’ve ever seen. It tends to criminalize support services for people who are involved in lawful protest activity. And it’s just shocking that somebody could be arrested for essentially walking next to somebody and saying: ‘Hey, don’t go down that street, because the police have issued an order to disperse. Stay away from there.’”

Madison, his wife, and housemates were roused from sleep during the weekend when the Joint Terrorism Task Force swept into their house, handcuffing them for hours, searching the house and removing computers and other property from everyone in the house. Madison said the FBI “for 16 hours, proceeded to take everything, from plush toys to kitchen magnets and lots of books . . . they took Curious George stuffed animals.”

Rather than encourage and support the use of distributed, decentralized social networks to strengthen our democracy and dissent (remember, the Obama campaign itself relied extensively on these online and mobile tools), the government seems headed in the opposite direction. Los Angeles Chief of Police William Bratton recently won acclaim at the annual meeting of the Major Cities Chiefs Association, a professional organization of police executives representing sixty-three of the largest cities in the United States and Canada. Bratton has launched “iWatchLA,” described as “a community awareness program created to educate the public about behaviors and activities that may have a connection to terrorism.” The iWatch program, despite Bratton’s assertion otherwise, is about spying on your neighbors and turning them in to the police.

One Iranian tweeter for the virtual news hub Tehran Bureau recalled the June protests in an essay: “An officer spoke to us through a loud speaker: ‘Disperse: This is your last warning.’ The sight of them made my knees tremble, but the wave pushed on and so I went along.” He was beaten, bloodied, arrested, and held for twenty days. While Elliot Madison was not physically harmed, his legal battles are just beginning, and his case could prove central to the future of free speech in the mobile, digital age.

November 25, 2009

Books, Not Bombs

California campuses have been rocked by protests this past week, provoked by massive student fee increases voted on by the University of California Board of Regents. After a year of sequential budget cuts, faculty and staff dismissals and furloughs, and the elimination of entire academic departments, the 32 percent fee increase proved to be the trigger for statewide actions of an unprecedented scale. With President Barack Obama’s Afghanistan war strategy—which, according to one leak, will include a surge of 35,000 troops—soon to be announced, the juxtaposition of education cuts and military increases is incensing many, and helping to build a movement.

As I traveled throughout California this past week on a book tour, I was, coincidentally, in the midst of the regents’ vote and the campus protests. At UC Berkeley, UC Santa Cruz, UC Santa Barbara, UCLA, Cal State Fresno, UC Davis, and Cal State Chico, students approached me with stories of how the fee increases were going to price them out of school. Students were occupying buildings, marching, and holding teach-ins. At UC Davis, several young women, among the fifty-two arrested, described to me how they had been attacked by campus police, shot with Tasers. Students there also protested the Saturday closure of the libraries, showing up at the president’s university-provided house to study there, since the library was closed. He let them in to study rather than spark a confrontation that probably would have ended with police action and arrests.

Blanca Misse, a UC Berkeley graduate student and organizer with the Student Worker Action Team, was among those who’ve been organizing. She told me, “We are striking because we care a lot about public education, and we care about another kind of public education, maybe, than the one they offer, a real public education out of the corporate model.”

Laura Nader (Ralph Nader’s sister) is a professor of social cultural anthropology at UC Berkeley, where she has taught for nearly fifty years. Earlier this year she co-authored a measure approved by the UC Berkeley Academic Senate calling on the school’s athletics program to become self-sufficient and stop receiving subsidies from student fees. She is a critic of the increasing power that corporations such as BP and Novartis have over the universities, and she has a long personal history fighting for public education. She teaches general-education classes that attract hundreds of students—noting that students these days, taught to take tests, “are great at choosing answers on a multiple-choice test, but have never heard of Hiroshima and Nagasaki.” Her focus on the basics reflects her concern of the attack on public education in this country: “It isn’t something that just happened, and it isn’t something that was unplanned,” she told me. “People really do adhere to the model that this shouldn’t be a public good. And if we continue in this direction, there’s going to be a two-class system: those who go to college are going to be those who can afford it, and those who don’t are going to be the middle class.”

The movement’s centerpiece is a strong coalition that includes students, workers, and faculty. Bob Samuels is president of the University Council–American Federation of Teachers, the union representing non-senate faculty and librarians of the University of California. Although California is facing a serious budget crisis, Samuels told me the UC system has more than sufficient funds: “It doesn’t have to raise student fees. It doesn’t have to fire faculty. It doesn’t have to cut courses. They’re talking about eliminating minors and majors. They’re talking about moving classes online. They’re doing these drastic things. And what we’re seeing is just basically undergraduate students are subsidizing research, they’re subsidizing administrators, they’re subsidizing things that have nothing to do with undergraduate instruction.”