General Petraeus: Too Big to Jail

The leniency shown former CIA Director (and retired General) David Petraeus by the Justice Department in sparing him prison time for the serious crimes that he has committed puts him in the same preferential, immune-from-incarceration category as those running the financial institutions of Wall Street, where, incidentally, Petraeus now makes millions. By contrast, “lesser” folks – and particularly the brave men and women who disclose government crimes – get to serve time, even decades, in jail.

Petraeus is now a partner at KKR, a firm specializing in large leveraged buyouts, and his hand-slap guilty plea to a misdemeanor for mishandling government secrets should not interfere from his continued service at the firm. KKR’s founders originally worked at Bear Stearns, the institution that failed in early 2008 at the beginning of the meltdown of the investment banking industry later that year.

Despite manifestly corrupt practices like those of subprime mortgage lenders, none of those responsible went to jail after the 2008-09 financial collapse which cost millions of Americans their jobs and homes. The bailed-out banks were judged “too big to fail” and the bankers “too big to jail.”

Two years ago, in a highly revealing slip of the tongue, Attorney General Eric Holder explained to Congress that it can “become difficult” to prosecute major financial institutions because they are so large that a criminal charge could pose a threat to the economy – or perhaps what he meant was an even bigger threat to the economy.

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A Pointed Letter to General Petraeus

As retired Gen. and ex-CIA Director David Petraeus was about to speak in New York City last Oct. 30, someone decided to spare the “great man” from impertinent questions, so ex-CIA analyst Ray McGovern was barred, arrested and brought to trial, prompting McGovern to ask some questions now in an open letter.

Dear Gen. David Petraeus,

As I prepare to appear in New York City Criminal Court on Wednesday facing charges of “criminal trespass” and “resisting arrest,” it struck me that we have something in common besides being former Army officers – and the fact that the charges against me resulted from my trying to attend a speech that you were giving, from which I was barred. As I understand it, you, too, may have to defend yourself in Court someday in the future.

You might call me a dreamer, but I’m not the only one who believes there may be some substance to reports last month that Justice Department prosecutors are pressing to indict you for mishandling classified information by giving it to Paula Broadwell, your mistress/biographer.

No doubt, whatever indiscretions were involved there seemed minor at the time, but unauthorized leaks of this sort – to casual acquaintances – were strongly discouraged in the Army in which I served five decades ago. Remember the old saying: “Loose lips sink ships.” There were also rules in the Universal Code of Military Justice for punishing a married soldier who took up with a mistress, an offense for which many a trooper spent time in the brig.

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Honoring NSA’s Binney and Amb. White

During a standing-room-only event held at Unter den Linden 52 in the shadow of Berlin’s Brandenburg Gate, Sam Adams Associates for Integrity in Intelligence (SAAII) presented its 14th annual award to ex-National Security Agency official William Binney on Jan. 22. Binney ended his 36-year career in intelligence after 9/11 when he learned that NSA Director Michael Hayden had removed Fourth Amendment privacy protections from the agency’s surveillance of Americans.

More than half of the former Sam Adams award recipients, who were free to travel, took part in the award ceremony. In the not-free-to-travel category, Edward Snowden (recipient in 2013) took part via live-stream video from Russia; former Army Pvt. Chelsea (Bradley) Manning (2014) is serving a 35-year sentence for releasing to WikiLeaks video and classified messages revealing, among other things, U.S. war crimes in Iraq. And WikiLeaks publisher Julian Assange (2010) is well into his third year of confinement in Ecuador’s London embassy where he has political asylum.

As the Berlin ceremony began, Sam Adams Associates made its first posthumous award to U.S. Ambassador to El Salvador Robert White, who died on Jan. 13, 2015. Longtime SAAII veteran David MacMichael accepted the award on Ambassador White’s behalf and will give it to his widow.

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‘Justice’ Hidden Behind a Screen

The federal government claims it is prosecuting former CIA officer Jeffrey Sterling for leaking information to a journalist about a risky covert operation in which the spy agency funneled flawed nuclear-bomb schematics to Iran. But the opening days of the trial suggest that the government may be using the case more to overcome its reputation for shoddy intelligence work.

In opening statements and testimony on Wednesday, prosecutors seemed more concerned about refuting journalist/author James Risen’s assessment of the CIA’s scheme as botched and dangerous than in connecting Risen to Sterling. Eliciting testimony from a nuclear engineer testifying behind a screen, prosecutors sought to portray the phony-blueprint gambit as meticulous and careful.

The dispute seems to center on whether the Russian operative code-named “Merlin,” who was assigned to deliver the documents to Iranian representatives, easily detected the flaws, as Risen wrote in his 2006 book, State of War, or simply noticed that some pages were missing. An internal team of CIA experts – when asked to examine the schematics – spotted about 25 percent of the errors, but there is a clash of opinions over whether that showed how easy it was to unmask the fraud or how difficult it was to spot the flaws.

None of that, however, relates to whether Sterling was or was not a source for Risen regarding the “Merlin” operation, proof that may prove difficult for U.S. prosecutors to establish because Risen, a New York Times’ national security reporter, has an array of sources within the intelligence community from whom to draw. Since the Justice Department has dropped attempts to force Risen to identify his sources, prosecutors may find it hard to substantiate that Sterling was one of the sources for the “Merlin” disclosures.

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Crime and CIA Embarrassments

I confess to being naïve. From what I had read about “Operation Merlin,” a harebrained scheme to sabotage Iran’s nuclear program, I was convinced that the CIA would be determined to avoid calling more attention to it. Or, by extension, to author James Risen’s continuing revelations – in his new book Pay Any Price – of unconscionable incompetence by our intrepid spies. “Merlin” was exposed in an earlier Risen book, State of War.

How wrong I was! The decision by the CIA and hired hands at the Justice Department to prosecute former CIA official Jeffrey Sterling reflects, rather, a clear determination to give priority to deterring potential whistleblowers privy to information extremely embarrassing to the government. I repeat, embarrassing to the government, not detrimental to the national security.

As for risk of extreme embarrassment once U.S. citizens got additional insight into the dumb schemes of amateur intelligence operators, the government presumably thinks it can depend on mainstream media to treat bungling by our sophomore spies “with discretion.”

In short, the prosecution of Jeffrey Sterling seems to have little to do with exposing secrets, but everything to do with hiding the kind of gross misfeasance that – truth be told – does constitute a real and present danger to our national security.

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Ray McGovern: Clashing Face-to-Face on Torture

When you get an opportunity like this, don’t fall back – I heard my Irish grandmother telling me last Thursday as I took my place at the table to discuss torture with a former congressional committee chairman whose job it was to prevent such abuse.

Almost rubbing shoulders with me on my right was former House Intelligence Committee chair (2004-2007) Pete Hoekstra, a Republican from Michigan. Central China TV had asked both of us to address the findings of the Senate Intelligence Committee report on CIA torture. I said yes, of course, since I was highly interested in how Hoekstra, with his front seat for the saga of “Enhanced Interrogation Techniques,” would try to ‘splain it all.

Here was a unique chance to publicly confront a malleable, moral dwarf who had been in a uniquely powerful position to end the torture. The moment was also an odd one, for Hoekstra – not the brightest star in the constellation – seemed oblivious to his gross misfeasance and dereliction of duty. Or how his behavior might look to non-torture aficionados.

Hoekstra took over the House intelligence “oversight” committee in 2004 when former chair, Porter Goss, a Republican from Florida, was picked as the perfect – as in fully-briefed-and-complicit – functionary to become director of the CIA, replacing “slam-dunk” George Tenet. Tenet left in disgrace in July 2004, still seeking those notional Iraqi “weapons of mass destruction” in vain.

Last week, amid the unfolding torture scandal, Hoekstra went on CCTV America’s daily talk show, “The Heat,” to offer a heated defense of what he insisted on still calling “enhanced interrogation techniques.” My opportunity for a blunt exchange with him over exactly what the House Intelligence Committee knew came near the end of the show.

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