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.

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One last #Justice4Reality post: Word is out

If I thought I was breaking a story by going to Georgia last week, I was mistaken. More and more are learning about this young veteran, and supporting Stand with Reality. You should check out that page and bookmark it, especially during this lag time between last week and Winner’s trial. There’s also an active Facebook page and multiple Twitter hashtags, including #Justice4Reality and a #Tweetstorm that last week garnered 22 million views. Winner’s mom, Billie, then broke multiple hearts by going on “Democracy Now”:

That segment also contained the invaluable perspective of Kevin Gosztola of Shadowproof, whose revelations I mentioned in the previous post.

I’ll end this one with some notes from the page on which I had started to write about last week’s hearing, before I was informed I couldn’t bring it into the courtroom: Augusta, GA is in some ways a typical military town, wide highways surrounding a downtown of red brick buildings. The hotel I’m staying in is mostly inhabited by weekly and monthly residents; behind me, a common terminal, a quiet young woman is paying bills. We’re close to Fort Gordon, but the feel is less military than melancholy Middle America. At the reception desk, a lovely woman of South Asian descent speaks quick Hindi (?) into the phone.

I hope to return to that town (if not to that particular hotel). It did, and does, feel an oddly appropriate gateway into that world where “Cyber Excellence” means not cute cat pics and FaceTime but information warfare.

#NY2GA4Reality

Libby was one of my drivers to Georgia this week. Here’s her account of the hearing, in which I’m named only as “the Philly supporter.”

Lippy Libby

On February 27, 2018, a Suppression Hearing was held in the decision making time period before Reality Winner’s actual trial in which she is being charged under the Espionage Act. This was an important hearing because Magistrate Brian Epps will decide whether or not Reality’s confession will be able to be submitted as evidence against her in court.

Magistrate Epps has since asked both the prosecution & defense to submit statements of their arguments and then he will make his decision. This, ultimately, will push back Reality’s trial that is scheduled for this month.

The reason this is so important is because of the what happened the day Reality Winner was interrogated by two male FBI agents. This was set up as a sting operation from the beginning. The lead agent said he briefed his team about the case a half mile away from Reality’s apartment, in a school parking…

View original post 1,571 more words

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.

Oceanside soldiers, John Brown, and how the Civil War flips the script on dissent

 

fort-warrenI was reshaping my Civil War chapter, with a scene on May 12, 1861 — with soldiers in the newborn Union Army singing a song for John Brown. That happened at Boston’s Fort Warren, on the harbor’s Georges Island.

250px-Fort_Constitution,_New_Castle,_NHAs I was trying to evoke that day, I realized a potential problem; I’d begun the prior chapter in Portsmouth, New Hampshire, as members of that state’s Seventh Infantry boarded a train in 1846 taking them to the Mexican-American War. (Above is a rendering of their base, Fort Constitution. Did I need to ditch one of those scenes, and avoid the rhyme?

In some ways, however, the imperfect rhyme made sense:  the wars were very different, but some of the themes and players were the same. That earlier war had a lot to do with slavery, something the soldiers in 1846 had likely heard from New England preacher William Lloyd Garrison. Just west of Portsmouth, in Springfield, MA, John Brown was making a name for himself as a wool broker, joining the local Black church, and becoming part of the Underground Railroad. And it was Brown, as much as anyone else, who persuaded many anti-slavery activists that slavery could only be ended with violence.

So the young men convened at Fort Warren that day, mostly members of the 11th and 12th Massachusetts Regiments of the newborn Union Army, were not just responding to April’s assault on Fort Sumter by the Confederacy. They had grown up hearing about the Slave Power, the powerful Southern planters who controlled half the national economy with a product born of free labor. They knew about that previous war, with Mexico, which ended with two new slave states in the Union. They knew about Bleeding Kansas, right after that war ended, in which pro-slavery Missourians battled “Free Staters,” the latter under the leadership of John Brown.

And they certainly knew about Brown’s effort to jump-start a war against slavery — including his prediction, in the New York Tribune in 1857: “They never intend to relinquish the machinery of this government into the hands of the opponents of slavery. It has taken them more than half a century to get it, and they know its significance too well to give it up. If the republican party [sic] elects its president next year, there will be war.”

John-brown-song-cs-hall-1861-librofcongressThe election of Abraham Lincoln, the previous fall, had been followed by the secession of most Southern states, and the assault on Fort Sumter. No surprise, then, that when they wanted to  relax and sing a drinking song, they chose this one.

I don’t know if those soldiers thought of themselves as dissenters, though I’m choosing to include the entire Union Army as acting in dissent. Certainly Ambrose Bierce did, signing up with the Ninth Indiana around that same time, honoring an uncle who’d supplied guns to John Brown, while Harriet Tubman was already a Union spy, committing gender-dissent in her field-hand disguise. Not to mention Frederick Douglass’ sons, among the very first U.S. Colored Soldiers, or Jesse Macy, a Quaker who insisted on becoming a battlefield medic, thus creating a new form of conscientious objection.

I’ve been saying that “The Civil War flips the script on dissent,” a cheap phrase that nonetheless conveys how disorienting it feels for me, an anti-war writer, to count as ways my characters whose actions helped one side kill multitudes. What is less in dispute: they felt they were creating something entirely new, and willing to die for it.

So far, my chapters have started only in the Northeast: Chapter One in on a Pennsylvania battlefield, Two in a Bronx boarding house, and now this twofer for Portsmouth and Boston. Though both of these chapters then venture far west and south, from Kansas to Cuernavaca. I hope readers don’t find problematic my using these New England stories as springboards, but so much American dissent was born there right along with the country.

Just as disorienting, of course, is alternating between these final revisions and reporting on present-day dissenters like Reality Winner. Unstuck in time no longer covers it.

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.