Former CIA agent John Kiriakou (photo: Troy Page/Truthout.org)
A federal grand jury in Alexandria, Virginia, indicted former CIA agent John Kiriakou for releasing classified information to journalists that included the identities of a “covert CIA officer” and information on the role of “another CIA employee in classified activities.” The Justice Department charged him with one count of violating the Intelligence Identities Protection Act and three counts of violating the Espionage Act, along with a count for “allegedly lying to the Publications Review Board of the CIA” so he could include classified information in his book.
This is the official explanation for why Kiriakou is being charged, however, many recall he went public in 2007 and spoke out about the CIA’s waterboarding of Abu Zubaydah in an ABC News broadcast. He did not oppose the “enhanced interrogation technique,” which was used on Zubaydah 83 times. He asserted the technique had worked and he was glad it had been used. But he also called waterboarding “torture” and wondered why this is what America had to do to be “safe,” leading many to consider him a whistleblower.
Kiriakou was also upset that the CIA had destroyed interrogation tapes. Reporter Brian Ross said, “He wasn’t present back then, but he was furious they were taping the interrogations and even angrier that they had destroyed the tapes. He feels they should have been maintained as a matter of historical record to show what actually happened.” And he wrote in his book, The Reluctant Spy: My Secret Life in the CIA’s War on Terror, “The revelations in the so-called torture memos have muted my own enthusiasm for the way the agency conducts its business.”
From the Justice Department’s press release on the indictment:
The charges result from an investigation that was triggered by a classified defense filing in January 2009, which contained classified information the defense had not been given through official government channels, and, in part, by the discovery in the spring of 2009 of photographs of certain government employees and contractors in the materials of high-value detainees at Guantanamo Bay, Cuba. The investigation revealed that, on multiple occasions, one of the journalists to whom Kiriakou is alleged to have illegally disclosed classified information, in turn, disclosed that information to a defense team investigator, and that this information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. There are no allegations of criminal activity by any members of the defense team for the Guantanamo Bay detainees.
As Jesselyn Radack of the Government Accountability Project’s National Security and Human Rights Division writes, “Instead of an investigation into the government’s withholding of exculpatory information from GITMO detainees’ lawyers, the government investigated how [the lawyers] obtained the information. And instead of investigating the 70 names and 25 photos of the detainees alleged torturers, the government investigated how the prisoners found out.”
Add to that the tacked on charge of attempting but failing to “trick” the Publications Review Board into letting him publish classified information, the case seems to be wholly motivated by politics and retribution.
Kiriakou was stationed in Pakistan and helped coordinate a CIA team that included Pakistani agents. He seized a “heavily wounded” Zubaydah
Marcy Wheeler has done exceptional coverage of Kiriakou thus far. From her posts, it is possible to see that the Espionage Act charges stem from communications that are believed to have occurred with the New York Times‘ Scott Shane for a 2008 story. Wheeler highlighted what the impact of his alleged leaks have actually been:
- Some lawyers with Top Secret clearance submitted a sealed filing naming a covert officer involved in the torture of 9/11 defendants. The lawyers pointedly did not photograph this officer in an effort to shield his identity. And his name was never made public.
- Using information gained from Kiriakou and around 23 other sources (including former CIA Executive Director Buzzy Krongard), Scott Shane wrote an article detailing Deuce Martinez’ role in the interrogation of Khalid Sheikh Mohammed and others. And while Martinez’ association with the torture program was classified, his identity was not. Furthermore, by the time of the article, Martinez was working for Bruce Jessen and James Mitchell’s contracting firm, making it a pretty safe bet that he was involved in interrogation, even interrogations involving torture.
- Subsequent to this article based on information from Kiriakou and 23 other people, the 9/11 detainees saw pictures of Martinez; assuming Shane’s article is accurate, they had already interacted with Martinez personally.
- In that article, Shane included details about the “magic box” technology used to locate Abu Zubaydah. Information on that “magic box” technology and similar ones has been publicly available for decades, meaning the only secret here is that CIA uses it (!) and called it something as stupid as “magic box.” [emphasis not added]
The Times ultimately published the identity of Martinez because Martinez had never worked undercover plus “others involved in the campaign against Al Qaeda” had been named in news stories and books. The CIA contended publishing his name “would invade his privacy and put him at risk of retaliation from terrorists or harassment from critics of the agency” but he had not engaged in waterboarding or any other techniques described as torture. So, the Times determined his “name was necessary for the credibility and completeness of the article.”
This prosecution further chills the climate making it even more difficult for journalists to get sources to talk to them for national security stories. It also sends a message to former government employees to not talk to or share information with Guantanamo defense attorneys. His book also showed CIA torture to be regularly used so it sends a message to former employees involved in the “war on terror” to be careful what they publish on counterterror operations for public consumption.
Kiriakou is the sixth person to be indicted under the Espionage Act by the Obama Administration. The previous five, all targeted in the span of a year, were: former NSA employee Thomas Drake, who shared details on the agency’s warrantless wiretapping program; former CIA officer Jeffrey Sterling, who was charged with providing information with New York Times reporter James Risen on an operation that might have led to Iran getting information on how to build a nuclear bomb; former FBI linguist Shamai Leibowitz, who received twenty months in prison for who knows what exactly; former State Department arms expert Stephen Kim, who under assignment shared information with Fox News reporter James Rosen on North Korea’s possible response to criticism of the country’s nuclear program; and Pfc. Bradley Manning, who allegedly leaked classified information to WikiLeaks that included the “Collateral Murder” video, Afghan and Iraq War Logs, the US State Embassy cables, etc.
Peter Van Buren, another victim in the war on whistleblowing whom the State Department recently moved to fire for linking to a WikiLeaks cable in a blog post and publishing a tell-all book on the State Department’s Iraq reconstruction program, called the crackdown on whistleblowers “free speech hypocrisy.” The US government condemns other countries like China, Iran or Syria for cracking down on journalists and others who speak out, but Americans who speak out here at home are harshly prosecuted.
The use of the Espionage Act to go after individuals who have shared information with journalists or media organizations is a stunning attack on speech and press freedom. It is a calculated effort to make an example out of these individuals so that current and former employees do not get in the way of the work of agencies or departments in the US government. But, more importantly, this is where the Obama Justice Department is investing resources.
Has the Justice Department prosecuted bank executives that engaged in massive fraud that helped create the economic collapse in 2008? Are they investing resources and taking risks to get these individuals? What about the people who committed war crimes, like torture? Is the Department going after these individuals or are they just interested in the people who blew the whistle on war crimes, including torture? Are Justice Department employees focused on ensuring there is no challenge by former government employees to the national security industrial complex of America?
The Obama Administration will spend capital to push the limits for prosecutions under the Espionage Act. It won’t spend capital to push the limits for prosecutions of people who violated the Convention Against Torture or other treaties and legislation, which prohibits the cruel and inhuman treatment of individuals detained and interrogated in prison.
To read the full indictment against former CIA agent John Kiriakou, go here.
Kevin Gosztola is the co-author of the new book, “Truth and Consequences: The US vs. Bradley Manning.” He will be doing an FDL Book Salon on April 28 on the recently published book.




35 Comments

DHS must be monitoring the internet. Simply amazed at the “situation ethics” employed by the corrupt fascists scum, hiding behind state’s secrets, as did the fascist Nazi bastards. No wonder why the colonist revolted against the King of England and his corporate cohorts in colonial crime. He was screwing the colonist at the behest of corporations, the way our government rapes US and those abroad, protecting corporate business models, which provide limited value to America, the republic anymore. Then when dutiful Americans rise to the occasion and expose the scum for what they are American’s are charged as criminals? Deja Vu! The rebirth of fugitive slave laws one way or another! The hypocrisy is absolute, in addition to being vile!
And now there’s more on MEK:
Hersh: U.S. Trained Iranian “Terrorist” Group [MEK] in Nevada LINK.
Lemme see. Who else worked with translations for the FBI?
Gee Nevada? Think we should invade Las Vegas to get rid of state-sponsored terrorism?
Correct me if I’m wrong, but didn’t Dick Cheney do this?
EDITED TO ADD: Why is everything in italics this morning? Am I suffering from astigmatism?
Except this Covert Officer A’s name was never published. So, what Cheney did is actually worse cause he made sure the name was published.
I really hope Coombs is going to ream the prosecution in Manning’s trial with evidence that previous tapes of torture sessions were destroyed.
Indeed.
Obama is WORSE than Bush-Cheney on civil liberties. Not only did I never in a million years expect that, I really didn’t even think it was POSSIBLE. Naturally, we are still expected to vote for Obama because he is nominally a Democrat. We are fucking insane.
O promised to be more transparent and a few days ago he delivered on his promise. Thanks to O if you are arrested for anything you can be stripped naked, made to bend over, and spread your butt cheeks so a police officer can peer inside.
Sure makes you want to get out and protest. Let me see you can get tear gassed, have your head cracked and if that is not enough you can bend over and spread your cheeks. Some first amendment right.
You’d think committing war crimes would get a person excluded from the wait list for organ donation.
Edit: lol. My comment was kinda Tourette’s-ish.
Part of the three tiered Obama “justice” system, which withholding exculpatory information fits with the goals of getting a conviction by hook or by crook and if not that, banishment to the gulags without trial.
Yes, but as O said we must look forward, except of course when it is not one of TPTB
You forgot about the newest crowd control tool, now we can be cooked by radiation too.
Yes, people don’t realize that it was the Obama admin that was advocating for what SCOTUS ruled – it’s hard to blame the SCOTUS Republicans when you’ve got a Democrat in the White House who was a “fierce advocate” at SCOTUS for strip search ruling:
http://www.salon.com/2012/04/03/the_obama_doj_and_strip_searches/singleton/
Also with Obamacare, if SCOTUS stirkes down guaranteed issue, people are going to have to remember that the Obama administration argued for that in court.
The problem is that Obama is extremely clever. A woman friend of mine doesn’t like him, but will vote for him because the mean scary Republicans are worse on women’s rights. African-Americans feel a sense of hometown pride. He invited Joan Baez and Bob Dylan to perform at the White House, so there goes the hippy vote.
Face it: we’ll have what’s left of the Constitution, our civil liberties and the middle class destroyed by a charismatic black Democrat rather than a snarling white Republican. The effect will be the same, though.
Having said that, I’m proud to be part of a group that knows what’s going on and does what it can to resist it.
One more crowd control tool to add: the Long-Range Acoustic Device (LRAD), which fries your ears.
That Obama, he’s something else. Sadly, from a psychological point of view there is no difference from Obamabots and the dead-enders that blindly supported GWB.
so there goes the hippy vote.
I don’t think so because I’m a memeber and I’ll be voting Green
Well, he won’t be getting my vote a second time. He’s resurrected the Republican Party and he’s tried to neutralize or silence progressives voices. Send him back to Chicago where he can poison the impressionable minds at the University of Chicago.
More change we can believe in.
I learned just yesterday that the CIA had a hand in overthrowing a fledgling democracy in Syria years ago. I was aware of their part in orchestrating the overthrow of Mossadegh in Iran, but not what happened in Syria. Now they’re up to their old tricks in Syria with covert support for the “rebels” and we’re intent on destabilizing Iran again. A us judge just sentenced Viktor Bout, the “Merchant of Death”, to 25 years in prison for participating in a CIA sting. I guess the US didn’t like his competition in the illegal arms trade. Of course compared to the US, he’s small time, sort of like Bernie Madoff compared to the Banksters.
True. He may, however, be TOO clever.
To those who still intend to vote for Obama out of GOP-fear, please know that you are enabling the very things you complain of, including the extreme Rightward tilt of the Republican Party. We must break the vicious cycle of settling for the GOP-lite Democrats to ward off the scary GOP. It doesn’t work. You are being played. All we get is ever more Conservative Democrats and what is effectively a one-party state in service to the plutocrats.
Greens in 2012!
P.S., If interested please see my Green Party Update at myFDL:
http://my.firedoglake.com/wbgonne/2012/04/06/green-party-update/
Oh, c’mon. He was just a Constitutional Law substitute teacher, after all.
Wow. The Obama administration has elevated petty vidictiveness to an art form. Going after anybody who opposes them, like Richard Lee in Oaksterdam. Sounds just like something Bush would do.
The breadth and depth of Obama’s actions/betrayals make “W” look like a rank amateur.
I can’t understand the putative dims that are 0bots. Some of them see no problems under his regime. I guess because the soldiers are not marching through the streets, just the police instead. I don’t think that our votes will really be of any value by 2016, and maybe not even now. The Constitution is a hollow shell, a fig leaf to cover an internally decaying empire. More and more emphasis is put on the Constitution, but the military are raised to near deific status.
You do realize that the Feds have been able to do that since 1979. O just lets states and cities have the same practices.
Hate to say it, but I don’t think our “votes” have mattered for many decades, if ever.
Most Obots are that way bc they’re not really fully informed. That said, my friends who are Obots firmly place their hands over their ears (sometimes for real & not just figuratively) and SCREAM: LALALALALALAAAAA CAN’T HEAR YOU!!!!! if/when I try to (graciously & politely) provide some, you know, *factual* info about Obama that will prove what a despot he is.
Frankly, imo, many trad-Dem voters aren’t any “better” (for lack of terminology) or more informed that most Tea Party types. They are all authoritarians, reflexing voting for “Big Daddy” who “knows what’s best for them.”
Most frightening, frankly.
I think the Manichean feature of the political duopoly is partly responsible for the ignorance and learned helplessness of the American voter. There is something infantilizing about being presented with just two choices. It fosters a sporting-event mentality that readily supplants the independent and informed thought that is necessary for a healthy democracy. It just becomes the Good Guys vs The Bad Guys, no further thought required.
Good analysis. It’s that more than the first-past-the-post voting system.
I think that you are right on the money with the authoritarian wish by many people. They don’t want to think about what to do, they simply want to be told that if they do as they’re told, everything will be alright.
“violating the Intelligence Identities Protection Act”.
Now, isn’t that what Rove, Cheney and Sooter Libby should have been charged with? Why is the Obomber War Crimes administration going after a legitimate, conscientious whistle blower and not the Bush Administration War Criminals? Because the powerful support each other, even in crime. And that cowardly clown Obomber wants me to vote for him again? No way, never.
Yes, of course, I left out one critical point: How the plutocrats learned to control the entire duopoly by taking over the Democratic Party. They’ve owned the GOP al along, of course, but once the Superrich successfully executed their plan to seize control of the Democratic Party it was all over. Which is another reason a two-party system is so dangerous: it is far too easy for a group with sufficient resources to dominate both parties and corner the market, as the plutocrats have done to us.
Pew Survey gave the American public the numbers relating to how insane our “free elections” happen to be.
In the summer of 2008, the Pew Survey people released their study on America’s voting preferences. Only 24% of all voters considered themselves to be Republicans. Only 36% considered themselves to be Democrats. The largest block of voters falls outside the block of the mainstream two party regime thinkers, at 40%.
Now Talking Heads on Fox tell us that some 30 to 40 percent of the Republicans don’t want Mitt Romney. So we have to subtract nine percent from the 24% Republican voters overall who would consider voting for mitt.
This leaves us with perhaps 100% of the Democrats wanting Obama, while only the remaining 15% of all voters want Mitt. But remember – 100% of all Dems is only 36% of the voting populace.
This adds up to 51% of all American voters having any interest at all in these two men.
The nation’s political process is totally askew. And yet the Republican primaries were covered by the Main$tream Media as though the debates and primaries were of vast importance to people.