Why the CIA Is So Eager To Demolish Whistleblower Jeffrey Sterling

Midway through the trial of former CIA officer Jeffrey Sterling, one comment stands out. “A criminal case,” defense attorney Edward MacMahon told the jury at the outset, “is not a place where the CIA goes to get its reputation back.” But that’s where the CIA went with this trial in its first week – sending to the witness stand a procession of officials who attested to the agency’s virtues and fervently decried anyone who might provide a journalist with classified information.

The CIA’s reputation certainly needs a lift. It has rolled downhill at an accelerating pace in the dozen years since telling President George W. Bush what he wanted the nation to hear about Iraqi weapons of mass destruction. That huge bloody blot on the agency’s record has not healed since then, inflamed by such matters as drone strikes, rendition of prisoners to torture-happy regimes and resolute protection of its own torturers.

CIA sensibilities about absolution and prosecution are reflected in the fact that a former head of the CIA’s clandestine service, Jose Rodriguez Jr., suffered no penalty for destroying numerous videotapes of torture interrogations by the agency – which knew from the start that the torture was illegal.

But in the courtroom, day after day, with patriotic piety, CIA witnesses – most of them screened from public view to keep their identities secret – have testified to their reverence for legality.

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Race, Leaks, and Prosecution at the CIA

Condoleezza Rice made headlines when she testified Thursday at the leak trial of former CIA officer Jeffrey Sterling – underscoring that powerful people in the Bush administration went to great lengths a dozen years ago to prevent disclosure of a classified operation. But as The Associated Press noted, “While Rice’s testimony helped establish the importance of the classified program in question, her testimony did not implicate Sterling in any way as the leaker.”

Few pixels and little ink went to the witness just before Rice – former CIA spokesman William Harlow – whose testimony stumbled into indicating why he thought of Sterling early on in connection with the leak, which ultimately resulted in a ten-count indictment.

Harlow, who ran the CIA press office, testified that Sterling came to mind soon after New York Times reporter James Risen first called him, on April 3, 2003, about the highly secret Operation Merlin, a CIA program that provided faulty nuclear weapon design information to Iran.

Harlow testified that he tried to dissuade Risen without confirming the existence of Operation Merlin, first telling the reporter “that if there was such a program, I didn’t think a respectable newspaper should be writing about it.” The next day, when Risen called back, “I said that such a story would jeopardize national security.”

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The Revenge of the CIA: Scapegoating Whistleblower Jeffrey Sterling

This week, in a federal courtroom, I’ve heard a series of government witnesses testify behind a screen while expounding on a central precept of the national security state: The CIA can do no wrong.

Those CIA employees and consultants are more than mere loyalists for an agency that soaks up $15 billion a year and continues to loosen the bonds of accountability. The docket says “United States of America v. Jeffrey Alexander Sterling,” but a more discerning title would be “National Security State v. The Public’s Right to Know.”

For the first time in 30 years, a case has gone to trial in a civilian court under the Espionage Act with charges that the defendant gave classified information to news media. Not far from the CIA headquarters in Northern Virginia, legal jargon is flying around the courtroom, but the law has very little to do with this case.

Top officials in the U.S. government leak classified information all the time, without punishment. But Jeffrey Sterling was not a top official. He’s a former CIA officer, charged with giving classified information to journalist James Risen about a CIA operation that provided Iran with flawed nuclear weapon blueprints – information that appeared in Risen’s 2006 book State of War.

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Sterling Trial Opens in Security-State Matrix

When the trial of former CIA officer Jeffrey Sterling got underway Tuesday in Northern Virginia, prospective jurors made routine references to “three-letter agencies” and alphabet-soup categories of security clearances. In an area where vast partnerships between intelligence agencies and private contractors saturate everyday life, the jury pool was bound to please the prosecution.

In a U.S. District Court that boasts a “rocket docket,” the selection of 14 jurors was swift, with the process lasting under three hours. Along the way, Judge Leonie M. Brinkema asked more than a dozen possible jurors whether their personal connections to the CIA or other intel agencies would interfere with her announced quest for an “absolutely open mind.”

From what I could tell, none of those with direct connections to intelligence agencies ended up in the jury box. But affinities with agencies like the CIA seemed implicit in the courtroom. Throughout the jury selection, there was scarcely a hint that activities of those agencies might merit disapproval.

Just how familiar was the jury pool with critiques of the CIA? Hard to say, but here’s one indicator: When Brinkema asked for a show of hands among the prospective jurors – nearly 100 in the room – to indicate how many had read James Risen’s bestselling book State of War: The Secret History of the CIA and the Bush Administration, a grand total of zero hands went up.

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In Defense of a CIA Whistleblower

The trial of former CIA officer Jeffrey Sterling, set to begin in mid-January, is shaping up as a major battle in the U.S. government’s siege against whistleblowing. With its use of the Espionage Act to intimidate and prosecute people for leaks in “national security” realms, the Obama administration is determined to keep hiding important facts that the public has a vital right to know.

After fleeting coverage of Sterling’s indictment four years ago, news media have done little to illuminate his case – while occasionally reporting on the refusal of New York Times reporter James Risen to testify about whether Sterling was a source for his 2006 book State of War.

Risen’s unwavering stand for the confidentiality of sources is admirable. At the same time, Sterling – who faces 10 felony counts that include seven under the Espionage Act – is no less deserving of support.

Revelations from brave whistleblowers are essential for the informed consent of the governed. With its hostilities, President Barack Obama’s Justice Department is waging legalistic war on our democratic rights to know substantially more about government actions than official stories. That’s why the imminent courtroom clash in the case of “United States of America v. Jeffrey Alexander Sterling” is so important.

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Risen’s New Book Exposes Corrupt Zealotry of ‘US War on Terror’

No single review or interview can do justice to Pay Any Price: Greed, Power, and Endless War – the new book by James Risen that is the antithesis of what routinely passes for journalism about the “war on terror.” Instead of evasive tunnel vision, the book offers big-picture acuity: focusing on realities that are pervasive and vastly destructive.

Published this week, Pay Any Price throws down an urgent gauntlet. We should pick it up. After 13 years of militarized zealotry and fear-mongering in the name of fighting terrorism, the book – subtitled “Greed, Power, and Endless War” – zeros in on immense horrors being perpetrated in the name of national security.

As an investigative reporter for the New York Times, Risen has been battling dominant power structures for a long time. His new book is an instant landmark in the best of post-9/11 journalism. It’s also a wise response to repressive moves against him by the Bush and Obama administrations.

For more than six years – under threat of jail – Risen has refused to comply with subpoenas demanding that he identify sources for his reporting on a stupid and dangerous CIA operation. (For details, see “The Government War Against Reporter James Risen,” which I co-wrote with Marcy Wheeler for The Nation.)

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