ACLU lawyers believe that Trump is likely to prosecute journalists and editors for publishing leaks of classified information, for the first time, using the Espionage Act. So far, the Espionage Act has been used for leaks to the American public only against government officials or former ones, of which I was the first, for the Pentagon Papers in 1971.
There were only two other such prosecutions before Obama; he prosecuted nine cases, or three times as many as all previous presidents together. It’s being taken for granted that Trump will follow Obama’s pattern, but also believed that he will go further to use the Act against reporters for the first time.
The Supreme Court might (or might not) find this application unconstitutional under the First Amendment (though the plain language of the Act–which was meant for spies, not leakers, and used only for spies before my case, applies as well to anyone who copies, holds, or passes on information “related to the national defense” including journalists, publishers (like Julian Assange or the New York Times) or even readers of the newspapers (!) as well as to officials.
I agree with nearly everything Jill Stein of the Greens and Rocky Anderson of the Justice Party say: except when they say “vote for me” in swing states.
It is critical to prevent a Republican administration under Romney/Ryan from taking office in January 2013.
The election is just a week away, and I want to urge those whose values are generally like mine—progressives, especially activists—to make this a high priority.
An activist colleague recently said to me: “I hear you’re supporting Obama.” I was startled, and took offense.
“I lose no opportunity,” I told him angrily, “to identify Obama publicly as a servant of Wall Street: a man who’s decriminalized torture and is still complicit in it, a drone assassin, someone who’s launched an unconstitutional war, who claims authority to detain American citizens and others indefinitely without charges or even to execute them without due process, and who has prosecuted more whistleblowers like myself than all previous presidents put together. Would you call that support?”
I just learned that my friend Howard Zinn died today. Earlier this morning, I was being interviewed by the Boston Phoenix, in connection with the release in Boston February of a documentary in which he is featured prominently. The interviewer asked me who my own heroes were, and I had no hesitation in answering, first, “Howard Zinn.”
Just weeks ago after watching the film on December 7, I woke up the next morning thinking that I had never told him how much he meant to me. For once in my life, I acted on that thought in a timely way. I sent him an e-mail in which I said, among other things, what I had often told others about him: that he was,” in my opinion, the best human being I’ve ever known. The best example of what a human can be, and can do with their life.”
Tony Russo came to be my best friend at Rand after I came back from Vietnam in 1967, and we became even closer after he left. He was fired from Rand, despite my efforts to keep him, for the best of reasons: He had, in classified reports, analyzed the class basis of the Vietnam conflict, and he had exposed the widespread use of torture by our Vietnamese forces, with American involvement. I learned more from Tony than from anyone else about the nature of the National Liberation Front, some members of which had impressed him deeply when he interviewed them about a Rand research project. He was brilliant and funny, with a very original and creative mind. He was also very warm — more likeable than me, as many who attended our trial discovered.
Just before I decided to copy the Pentagon Papers, with Tony’s help, he made a suggestion that played a key role in my decision. Tony did not know that the Pentagon Papers were being held at Rand, or were in my safe, or even that I had worked on the study, because I was under orders not to tell anyone. But I did tell him in late September 1969 that I had been reading a study (which later became the basis of the Pentagon Papers) that revealed a lot of high-level lying. He said to me, “You ought to put that out.” This was an extraordinary thing for someone who had until recently held a top secret clearance to say to anyone, least of all to someone who still had a clearance. In fact, I never heard of such a suggestion being made before or since (except of course by me, later). A week after this conversation, with other events working on my mind, I called him up and said, “Tony, do you know a study that I mentioned last week? Well, I’ve got it, and I think I will put it out. Can you help?”