Comment by lern_too_spel | Hacker News Reader

Comment by lern_too_spel | Hacker News Reader

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Kiriakou gave an interview to ABC describing waterboarding on December 10, 2007, in order to defend the practice. The government did not charge him with any crimes at the time. Three years prior, Newsweek had reported on a secret memo from Yoo justifying the use of waterboarding on Abu Zubaydah. None of the people who leaked that memo were charged with crimes. Three months prior to Kiriakou's interview, "current and former high-ranking U.S. intelligence officials" said that three prisoners had been waterboarded, including Zubaydah. None of them were charged with crimes.

Four years after Kiriakou's interview, he was charged with giving the names of CIA agents to two journalists, a crime under the Intelligence Identities Protection Act punishable by up to 10 years imprisonment, not for describing waterboarding, which if he had leaked would have been covered by the Whistleblower Protection Act.

He said "as Americans, we're better than that", does that sound like defending? That he was conflicted about it isn't too surprising, he was ratting out his colleagues and the institution he had worked for through the entire of his professional life.

To the rest, you've fallen for their trick. Three CIA threw the book at him, and indeed tried to convict him for his leaks: "The five-count indictment against Kiriakou charged him with violations of both the Intelligence Identities Protection Act (for allegedly revealing the identity of a covert agent) and the Espionage Act (for allegedly revealing national defense information to unauthorized individuals such as journalists). He was also charged with making false statements to the CIA about a book that he was seeking to publish."

The Intelligence Identities Protection Act is just the charge that stuck. When you're revealing government secrets, it's very, very hard not to accidentally cross the line, especially when you consider that the whole justice system is arranged in their favor, not yours.

The result is that lots of people say they support whistleblowers, but anytime someone actually whistleblows they back the government line and say "they went too far". Why is the onus on whistleblowers, acting in secret and with fear of retribution at every step, to perfectly separate the illegal actions from the legal, and punish only the former? Why is the onus not on our government, the elected representatives who ought to serve us and obey the law, to not commit crimes against humanity in the first place?

If you demand perfection from whistleblowers but accept faults in your government, don't be surprised if you don't get many whistleblowers.

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