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Knowledge Is Crime
Posted on Apr 21, 2014
By Tom Engelhardt, TomDispatch
This piece first appeared at TomDispatch.
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In fact, Gen. James Cartwright has not gone to jail and the above paragraph remains—as yet—a grim Washington fairy tale. There is indeed a Justice Department investigation open against the president’s “favorite general” (as Washington scribe to the stars Bob Woodward once labeled him) for the possible leaking of information on that virus to the New York Times, but that’s all. He remains quite active in private life, holding the Harold Brown Chair in Defense Policy Studies at the Center for Strategic and International Studies, as a consultant to ABC News, and on the board of Raytheon, among other things. He has suffered but a single penalty so far: he was stripped of his security clearance.
A different leaker actually agreed to that plea deal for the 13-month jail term. Nearly three weeks ago, ex-State Department intelligence analyst Stephen E. Kim pled guilty to “an unauthorized disclosure of national defense information.” He stood before U.S. District Judge Colleen Kollar-Kotelly, who offered those stern words of admonition, and took responsibility for passing classified information on the North Korean nuclear program to Fox News reporter James Rosen in 2009.
Still, someday Cartwright might prove to be unique in the annals of Obama era jurisprudence—the only Washington figure of any significance in these years to be given a jail sentence for a crime of state. Whatever happens to him, his ongoing case highlights a singular fact: that there is but one crime for which anyone in America’s national security state can be held accountable in a court of law, and that’s leaking information that might put those in it in a bad light or simply let the American public know something more about what its government is really doing.
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Seven Free Passes for the National Security State
With Cartwright as a possible exception, the members of the national security state, unlike the rest of us, exist in what might be called “post-legal” America. They know that, no matter how heinous the crime, they will not be brought to justice for it. The list of potentially serious criminal acts for which no one has had to take responsibility in a court of law is long, and never tabulated in one place. Consider this, then, an initial run-down on seven of the most obvious crimes and misdemeanors of this era for which no one has been held accountable.
*Kidnapping: After 9/11, the CIA got into kidnapping in a big way. At least 136 “terror suspects” and possibly many more (including completely innocent people) were kidnapped off the streets of global cities, as well as from the backlands of the planet, often with the help of local police or intelligence agencies. Fifty-four other countries were enlisted in the enterprise. The prisoners were delivered either into the Bush administration’s secret global system of prisons, also known as “black sites,” to be detained and mistreated, or they were “rendered” directly into the hands of torturing regimes from Egypt to Uzbekistan. No American involved has been brought to court for such illegal acts (nor did the American government ever offer an apology, no less restitution to anyone it kidnapped, even those who turned out not to be “terror suspects”). One set of CIA agents was, however, indicted in Italy for a kidnapping and rendition to Egypt. Among them was the Agency’s Milan station chief Robert Seldon Lady. He had achieved brief notoriety for overseeing a la dolce vita version of rendition and later fled the country for the United States. Last year, he was briefly taken into custody in Panama, only to be spirited out of that country and back to safety by the U.S. government.
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