National Bird is on Netflix now. Watch it.

 

Probably has been, but I just found out. I’m watching it again, and taking notes. I can’t think of anything more important to do — for any of us. Put it on your queue, and watch.

Advertisements

Well, that felt like an episode of Law and Order. But #Justice4Reality?

As readers of this blog know, I love watching lawyers work. I remember telling David Coombs, one day at Fort Meade, that it was like watching a great painter as layers and layers gradually create a picture. This week, in federal court, I watched prosecutors paint  a black-and-white editorial cartoon, then saw that picture turned full color  by defense attorney Matthew Chester (of the powerhouse firm Baker Donelson.)

A local news report elegantly summarized Chester’s argument: “Winner’s lawyers say agents made her believe she was in custody by taking her cell phone, car keys, blocking her car, and following her around her property,” But ‘blocking her car’ doesn’t evoke the image, supported by defense photographs, of more than seven cars blocking her small driveway, or the 11 FBI agents streaming through her small Augusta home.

The effect of all of this on a 25-year-old young woman, not much taller than my own (shrimpy) height): she felt as though she had no choice but to do what they asked.  “This was a custodial interrogation,” Chester said. None of the agents ever told her she was free to go, though one made sure to say at intervals, “You’re here voluntarily.”

The National Law Reporter  did even better with this headline: “Reality Winner’s Lawyers Say FBI Interrogation Was Unconstitutional.” The reporter also got down Chester’s list of why:

  • FBI agents informed Winner they had search warrants for her residence, her car and her person, suggesting she was not free to leave until she was frisked.
  • Agents took Winner’s car keys and cellphone as she arrived home from the grocery store.
  • Winner was never advised that she was not in custody. When she asked if she was going to be arrested, agents hedged, according to defense lawyers and a transcript of the conversation, telling her they did not know.
  • Winner was not searched until after her arrest—another indication that she was not free to leave.
  • Agents remained at Winner’s side as she put away groceries, including perishables that had been sitting in her car in the summer heat, when they began their inquiry.
  • Agents also accompanied Winner as she leashed her dog and secured her cat.
  • At one point, Winner also felt compelled to ask permission to go to the bathroom, asking agents, “How’s that going to work?” according to a transcript of her interview.
  • After asking if there was a place they could speak privately, agents directed Winner to a small, unfurnished room she said she didn’t like.
  • During the interview, two agents blocked the entrance and questioned her as Winner faced them with her back against the wall.
  • At the end of the interrogation, she was arrested rather than released.
  • Agents also made what the defense described as “accusatory statements … that the evidence against her was ‘very, very, very compelling’ and that she was ‘the most likely candidate by far and away.’” They also told her she was “the prime suspect” in the possible mishandling of classified information.
  • FBI agents informed Winner they had search warrants for her residence, her car and her person, suggesting she was not free to leave until she was frisked.
  • Agents took Winner’s car keys and cellphone as she arrived home from the grocery store.
  • Winner was never advised that she was not in custody. When she asked if she was going to be arrested, agents hedged, according to defense lawyers and a transcript of the conversation, telling her they did not know.
  • Winner was not searched until after her arrest—another indication that she was not free to leave.
  • Agents remained at Winner’s side as she put away groceries, including perishables that had been sitting in her car in the summer heat, when they began their inquiry.
  • Agents also accompanied Winner as she leashed her dog and secured her cat.
  • At one point, Winner also felt compelled to ask permission to go to the bathroom, asking agents, “How’s that going to work?” according to a transcript of her interview.
  • After asking if there was a place they could speak privately, agents directed Winner to a small, unfurnished room she said she didn’t like.
  • During the interview, two agents blocked the entrance and questioned her as Winner faced them with her back against the wall.
  • At the end of the interrogation, she was arrested rather than released.
  • Agents also made what the defense described as “accusatory statements … that the evidence against her was ‘very, very, very compelling’ and that she was ‘the most likely candidate by far and away.’” They also told her she was “the prime suspect” in the possible mishandling of classified information.

Later, I told one of Winner’s lawyers that the day had felt a little like an episode of Law and Order. “Usually,” he said, “a day in court is much more boring.”

Attorneys on both sides have military/intel backgrounds; Winner’s senior counsel (not Chester) is former NSA, Tuesday’s main prosecutor a former JAG.  The latter, who told court personnel that she missed military life sometimes, said she found “insulting” that Chester had noted the sex of the 11 FBI agents. I later told Billie Winner that the prosecutor was  the whitest woman in the room, someone who’s never had a reason to fear the police.

 

outlaw!

Tuesday night, at a gathering hosted by Reality’s mom and stepdad, I met the three-legged dog, Outlaw (above), that Reality has adopted as her mascot. I also saw the small room where Winner was interviewed. I can’t see how three people could stand comfortably in there, less have the casual conversation described in one agent’s testimony:, “It looked like 3 people talking in a Starbucks line.”

Another agent described Winner’s affect that day as “flat, unemotional.” Again, I refer you to my post on “the politics of grief.” Winner’s biological father had died about six months earlier, a trauma she was still processing.  When the FBI showed up, she turned on a cheery vibe , a cheery mix of competent professional and the good Texas girl her parents raised.  As a trained intel analyst, she knew she was in trouble.  In the courtroom, we all listened to bits of the audio of that day in June, and I could feel the tightness in her voice. She wasn’t about to show these strange men what she was thinking and feeling, really.

As the hearing ended, both sides promised to submit briefs using the classified evidence that can’t be discussed in court. My guess is that the prosecution will try to drag the issue out of Law and Order, more toward Homeland  or 24, reviving their image of this kid as some kind of terrorist mastermind.  She’d joked (in a text to her sister) that she might fail her background check! She had done Internet searches on “How to make friends with the Taliban!” Worst of all, she had money in the bank, all cited as reasons to deny her bail. The judge-magistrate, Brian Epps, was persuaded enough that Winner’s still in county jail.  Still, Epps was open to Winner’s constitutional claims, and said he’d welcome the additional briefs.

Whether or not Epps eventually agrees that Winner’s confession should be suppressed, her trial will take place before a different judge, likely  not till the fall. But I’ll write here when that decision is reached, with news from the court of public opinion.

 

 

Notes from the road: my inner Smedley Butler

womenspa1981This morning, I get to pretend I’m 1/3 my age, when I didn’t think much of getting up early to ride halfway across the world for a good cause. (Above: 18-year-old me in Washington, D.C., at the 1981 Women’s Pentagon Action. I’d traveled there from Binghamton, New York.)

In this case, I’m catching a ride to Augusta, Georgia, with some fervent supporters of Reality Winner. And tomorrow, we’ll be in a courtroom on James Brown Boulevard, while Winner’s defense counsel argues that since the FBI  never informed her last June of her Miranda rights, none of what they learned that day should be admissible in court.

My housemate’s dad, a former Air Force JAG and Vietnam-era veteran,told me this was a law-school exercise, in earlier times. But those were times before the Patriot Act, the revival of Woodrow Wilson’s Espionage Act prosecutions. Before “9/11 changed everything,” meaning that some people lost their danged minds. Before Chelsea Manning could tell me, with a straight face, that she can’t comment on Winner’s case from her own experience, because that experience is now classified.

So is Winner’s experience, apparently, as explained at the Columbia Journalism Review: “Because the court has said her lawyers can only look at news reports containing classified information in secure facilities, they cannot even Google basic news stories from their office or discuss them with their client.”

Since I’m interested in Winner’s AF experience, I asked the PA folks at Fort Gordon if I could come for a tour, to see where she worked before 2015. I was referred in no uncertain terms to the NSA, which has come a long way since people whispered “No Such Agency.” Though it makes sense when you think about what Winner was doing back then:  helping plan drone strikes. I wonder if Winner’s lefty dad made sure she’d seen this video of Smedley Butler, famous for saying “War Is a Racket,” that he had been a servant of empire.

Butler had by then helped prevent a coup against FDR; I’m guessing Reality Winner might have felt a kindred spirit.

Right now, it’s time to summon my inner Marine, as well as that fearless girl who stood in the snow and cried at the Pentagon. More later, i hope.

reality winner and the politics of grief

What comes to your mind when you hear the name Reality Leigh Winner?

i asked on social media, and got a range of responses: including “Exploited mistaken fool” and “traitor.” No one mentioned anything on my list, but  that’s OK: The words that cram my mind are both predictable and self-contradictory. Power lifter?Millennial? Russia? Trump? “That’s really a name?” Veteran? Drone analyst? Prisoner?Defendant? Security clearance?

For now, I’m settling on two: Veteran and Whistleblower.   That’s Winner in the spring of 2017, when she came across evidence (since publicly confirmed) that the Russian government had successfully hacked into some U.S. voter registration lists. She was spending her days, as an intelligence contractor, facilitating drone strikes in the Middle East, which under Trump have escalated the number of civilian casualties. She was doing that job while she sought opportunities to do humanitarian work overseas, where she might make amends for that damage. Her interest in doing so is now seen by prosecutors as “anti-American,” of which another veteran said to me last night: “Hey, I’ve gone abroad, I’ve done humanitarian work. Am I anti-American too?”

Kerry Howley’s  amazing New York Magazine Winner profile  quotes her boyfriend, about her work on drones: “It was definitely traumatizing…You’re watching people die. You have U.S. troops on the ground getting shot at, you miss something, a bomb goes off, and you get three people killed.” I thought of Brandon Bryant, Heather Linebaugh, and Lisa Ling when I read that. (Those names should be familiar to readers of this blog, as well as from the films National Bird and the underrated DRONE.)

The 2017 leak attributed to Winner, published by The Intercept, had nothing to do with drone strikes,  but the connection is clear to me. If there’s reason to mistrust the president who’d have been her commander-in-chief had she not left the military in 2016, she found reasons for that mistrust in her job as a contractor . She likely knew enough about the whistleblowers I’ve covered here to sense that official channels didn’t exist for what she wanted: an open discussion of these facts.

Another keyword that occurred to me, largely from the Howley profile: grieving daughter. My father-in-law died last spring, giving me a front-row seat to my wife’s journey through the year after. Winner’s father died on December 21, 2016. She wrote in a letter to Howley, “I lost my confidant, “someone who believed in me, my anger, my heartbreak, my life-force. It was always us against the world … It was Christmastime and I had to go running to cry to hide it from the family.” If her FBI investigators had any emotional intelligence, they could have evaluated her rage-filled anti-Trump social media posts with that searing fact in mind, especially since December 2016 was also when the Trump campaign became our political reality.

Instead, they’ve approached her from day one as an enemy combatant, not entitled to Miranda rights or other Constitutional protections. Most recently, they responded to a motion from her attorneys by holding a private session with the judge and the Classified Security Officer, whose proceedings are too secret for you and me.

I wonder how that session will affect this month’s hearing in Augusta, Georgia, on that same motion. I plan on being there to find out.

Listen to Matthew Hoh

I’ve been hoping to interview Matthew Hoh for nearly a decade, and hope to meet him next month: but meanwhile you can see this from his blog.”The most important things American veterans can do is to speak openly and plainly about what they saw during their time in the military, what they took part in the wars, and what they truly believe the purposes of the wars and the American military is. It is hard in America for people to speak against the military and the wars, because we have a culture that celebrates war, violence and the military, but veterans must find the courage to do so because through their witness and testimony people can understand the realities and the truths of America’s wars, empire and imperialism.”

An interview I did with Mohsen Abdelmoumen and the American Herald Tribune: Mohsen Abdelmoumen: You are a member of the Center for International Policy. Can you tell us about the missions of this organization and what is its impact on American politics? Matthew Hoh: The Center for International Policy (CIP) is a think tank located […]

via Militarism Is One of the True Religions of the United States — Matthew Hoh

The day I finally met Chelsea Manning

chelsea, me, Rache

Chelsea Manning at the Annenberg School of Journalism, Philadelphia, PA., talking to me (messy hair, leather jacket) and my wife. Photo by Kyle Cassidy

Updated to add this link, in which Chelsea Manning spoke more clearly about her case than she felt able to do at Penn. (Forgive the deadname in Atlantic’s title; it was before she came  out to the world as the assured young woman you see above.

The photo above was taken on November 29, 2017, right after Manning spoke to about 400 students at the University of Pennsylvania, which treated her far better than Harvard had. That figure in the leather coat  is me, my hair stressed by the windy day. And in that photo, by the celebrated Kyle Cassidy, the shadows under her eyes tell more truths than she could or did that night.

I showed up hoping to live-blog/tweet it, and to ask if I could share what part of her story ends up in my book. The live-blogging was kind of foiled by the unsure wireless at Penn, and by having to wait in line at a microphone to ask her a question in public.

I’m happy that the event was covered by WHYY, which provides a far more exuberant photo, conveying how happy she was to be there. For exact words said, click the link: what I provide is more a set of musings, and answers to questions some of you suggested.

The event was at Annenberg Center Live, at Penn’s journalism school. As I sat waiting, I thought of seeing her in that Fort Meade courtroom five years ago, when we all knew her as Bradley Manning but many, including me, suspected she was transgender. Now her trans identity is one of the first things most people know about her, I thought. Especially those following @Xychelsea on Twitter.

Instead of a journalist, she was on stage with Gabriella Coleman, a professor at McGill in a field I didn’t know existed: Scientific and Technological Literacy. (One of the fields thats emerged with the STEM generation, I was told by a student who  didn’t know how old that made me feel.)

Most of those in the audience had likely been in their teens when Manning was in basic training. They howled in celebration when Manning and Coleman took the stage, Manning wearing shorts, lace tights and Doc Martins.

Coleman started by telling stories about calls she’d get from Manning when she was at Leavenworth; Manning’s work is already included in Coleman’s, work which includes the books The Ethics and Aesthetics of Hacking and The Many Faces of Anonymous

That period when they met was when Manning was starting to be able to tell her own story –  200,000 letters from supporters were streaming into Leavenworth, and Manning was tweeting back and writing op-eds with a very patient editor at Guardian UK. “It all had to happen in the U.S. mail,”  Manning said. She would type her drafts, get them in the mail and then make a collect call to the Guardian and dictate the article, to get it into the queue. “Op-ed is a very difficult form in journalism,” Coleman pointed out.
They talked about some of the op-eds, including one for the New York Times about the dangers of big data. This part of the conversation was the most substantive, discussing the way the data we provide for online convenience enters algorithms that can impact our lives in unforeseen ways.  “In Iraq, I was working with comparatively primitive software,” Manning said. “And my algorithm killed people.” Coleman mentioned next the video released by Wikileaks as Collateral Murder,  the helicopter-cam video of a 2007 airstrike in Iraq that killed two Reuters journalists. “I showed the video to one of my classes at New York University,” she said. “And I can tell you that they felt betrayed. Why hadn’t they seen anything like this? Why didn’t they know what was happening in Iraq?”
“That’s why I felt—” Manning started and then stopped. More slowly, she added that “The American people deserved to know the unvarnished truth about the war.” Her reluctance to go into detail about her actions, Manning added, was because so many details of her case are still classified – or re-classified. “How can they do that?” Coleman piped up to mention the booming U.S. intelligence establishment, with dozens of agencies claiming sole right to more and more data.
Coleman asked what crossover Manning saw between two of Manning’s most ardent constituencies: the activist/privacy/hacker community, and those fighting for transgender rights. “So many communities,” said Manning. “If you’re trans, or brown or queer, you’re making yourself a target to the people in power.” Not dissimilar, she added, to her time in Leavenworth: “Everybody in prison faces challenges like that — and we have to lean on each other when it gets hard. It’s a real community…Communities know what’s going on, what has to change.”
Then came the “Jordan Peterson conversation,” for which I will defer to Bobby Allyn’s WHYY piece:

Manning became most animated when Coleman asked about the brouhaha that erupted over a Canadian professor’s refusal to use gender-neutral pronouns, saying it impinged on his free-speech rights.

“It’s all about him, isn’t it?” said Manning to audience laughter. She then shifted to a sterner tone.

“We are who we say we are. It’s as simple as that. This isn’t a free-speech issue. It’s a dignity issue. It doesn’t hurt him, just use it,” she said. “It’s hurtful to be on the other end of that and not be acknowledged or validated.”

See Allyn’s article for most of the Q&A, including Manning’s elegant summary of Democratic security policy:“A ‘D’ is more likely to say, ‘We need more trans drone pilots.’ ” But I wanted to talk about my own question  which really belonged to Desert Storm veteran Scott Lee, who suggested it on AM’s Facebook page.
I was one of the last to get the mike, and I first said: “It’s good to see you. The last time was at Fort Meade, during your court-martial.” The expression that crossed her face was a harder version of the photo at the top of this post. She didn’t like being reminded of that time, though her eloquence when she did get to address the court displayed far better than she’d done that night.

Then I told her that many veterans look up to her, and my question was from one of them ‘When he was in the military, he said, there were classes in what was and what not a lawful order. His question: When does one cross the line to become a whistleblower?”

This was both a substantive question and a softball: an opportunity to put her actions in context, the way she did at Fort Meade. Instead, Manning said that it was complex, that every order is technically a legal order because it comes from someone above you in the chain of command — and as for actions that violate international law, it’s legal if the Pentagon says it is. Her tone was flat, a cross between a tired activist or a paralegal.

I don’t know what I’d expected to hear, but it wasn’t that. I guess part of me was remembering her account, at Fort Meade, of seeing one of her intelligence “products” used to round up and detain people who had done nothing but petition their local authorities.That changed how she looked at the data she was collecting; it must have rendered repulsive the next order to produce more data. But Manning wasn’t comfortable offering details of her work in Iraq, perhaps fearing they were now classified.

After the talk, Manning actually sat on the stage to talk to people, which gave me a chance to ask my other questions. I told her about Ain’t Marchin (not by title), and asked if she had thoughts about Reality Winner or Edward Snowden. “Nothing to say about other cases!” she said.”I can barely talk about my own.”

Then came the request portion. “I’m like other journalists who’ve been trying to write about you before you started telling your own story.” I told her the book will be published, but I was hoping to pass the sections about her by someone who could ensure it was accurate. (This is something I did with Heather Lea Linebaugh, and with the brother of Vietnam veteran Jeff Sharlet.) She nodded, and took down my information (including the URL for this page). Her assistant, her people, are supposed to get in touch.

At this point my wife, the poet/computer geek Rachel Rawlings, had joined us; it turned out that Manning’s supporting herself at a job like Rachel’s, and the two of them commiserated about life as a system administrator. She also told both of us that it’s only in the past few months that she’s come down to earth and really started to process what she has been through, now that the post-release elation was fading. That explains the 1000-yard stare: telling her story, even in this abbreviated form, must be as re-traumatizing as much as it is healing. Not to mention the documentary she’s working on, XYCHELSEA, which comes out next year.

After we all went our separate ways, Manning had 2 afterparties – one at a local bistro and one at the Haktory, a hackers’ workspace.  The latter sounds perfect, because being Chelsea Manning sounds like hard work.

 

VIDEO: Millennials and conscience

Some video reminders why this book has to exist. A simple question, posed 6 years ago by a respected journalist to an author, was already being answered Chelsea Manning, soon to be echoed by the voices of the whistleblowers above.

I discovered the first as I was reshaping – for the last time, I hope! — my World War I chapter, featuring the iconic conscientious objector Evan Thomas. His great-niece Louisa wrote a book about her family, and was interviewed by Jon Meacham below:

https://www.c-span.org/video/?300240-1/conscience

Watching this six years later, I was struck first by how much Thomas resembles her uncle. Then, after an engaging discussion of conscience, war and social responsibility, Meacham asks Thomas “Why does your generation not engage in this kind of dissent?” Meacham asks this despite knowing about then-Private Manning, who at that very moment was in the same prison where Evan Thomas had been tortured. (In that case, Meacham was taking the government’s side.)

Thomas’ response ignores contemporary soldier-dissenters, telling Meacham “Maybe it’s because we aren’t being forced to go to war” and suggesting that the Shark Tank crowd comprised her generation of rebels. But just as I was listening to that exchange, in my Twitter feed gave us Lisa Ling, one of those who stepped forward in Sonia Kennebuck’s documentary NATIONAL BIRD.

I can’t embed the video, but you should click on the link and watch it. Shaming that 2011 Meacham-Thomas exchange, Ling uses the phrase “poverty draft,” which I’m still astonished is not more common. As she describes her path from aspiring nurse to anguished drone operator, you can almost hear the voices of Brandon Bryant and Heather Linebaugh,both of whom honored me with interviews for Ain’t Marching.

When I’ve thought I should drop this whole project, I remember their faces and voices.