A former FBI linguist has been sentenced to twenty months in prison for disclosing classified documents to an unidentified blogger. Shamai Leibowitz says he leaked the documents to expose an "abuse of power and a violation of the law" he witnessed while at the FBI. He says he chose to approach the media after his FBI superiors ignored his complaints. A career attorney, Leibowitz says he’s devoted his career to helping people of color, undocumented workers, and refugees through his legal work and his blog, Pursuing Justice. (democracynow.org)
From Leibowitz's Blog:
In 1998, Congress passed a little-known law outlining the proper procedures for reporting on abuses of power and violations of law that involve classified information. The law, Intelligence Community Whistleblower Protection Act of 1998 (full-text version), allows employees or contractors of the US intelligence agencies, including the CIA, NSA and FBI, to complain to Congress about an "urgent concern" -- defined as "serious or flagrant problem," "abuse," or "violation of law or Executive Order," that is related to the funding, administration or operations of an intelligence activity, but does not include differences of opinion concerning public policy matters.
For example, according to the law, if an employee or a contractor of the FBI witnesses an abuse of power or violation of the law, he may take the following steps, even if it entails revealing classified information:
1. First, he must report the abuse to the Inspector General of the Department of Justice.
2. Within 14 days, the Inspector General must determine if the complaint appears credible and if so, he must transmit the complaint to the Director of the FBI.
3. Within 7 days, the Director must forward the complaint to the intelligence committees of Congress (Senate and House) together with his comments.
4. If the Inspector General fails to transmit the complaint, or does not transmit it in accurate form, the employee or contractor may submit the complaint to Congress by contacting either or both of the intelligence committees directly (after obtaining directions on the appropriate security practices).
2. Within 14 days, the Inspector General must determine if the complaint appears credible and if so, he must transmit the complaint to the Director of the FBI.
3. Within 7 days, the Director must forward the complaint to the intelligence committees of Congress (Senate and House) together with his comments.
4. If the Inspector General fails to transmit the complaint, or does not transmit it in accurate form, the employee or contractor may submit the complaint to Congress by contacting either or both of the intelligence committees directly (after obtaining directions on the appropriate security practices).
This law is critical to preventing abuses of power in the intelligence community and upholding the rule of law. It balances two competing interests: the need to report and prevent abuses of power in the netherworld of intelligence agencies, and the importance of safeguarding classified information. Because intelligence agencies operate in the dark and their activities are classified, there is danger that they will abuse the broad powers given to them and violate the Constitution. As Lord Acton said: Power corrupts, and absolute power corrupts absolutely. Allowing employees to report abuses of power to members of Congress promises there will be Congressional oversight, minimizing the possibility that intelligence agencies will break the laws of the United States.
This mechanism creates a system of checks and balances that is critical for upholding one of the most important democratic principles -- the application of the rule of law to all government agencies. After all, as President Obama has reiterated many times (for example in his speech in Turkey) an enduring commitment to the rule of law helps maintain security and strengthens our country.
This mechanism creates a system of checks and balances that is critical for upholding one of the most important democratic principles -- the application of the rule of law to all government agencies. After all, as President Obama has reiterated many times (for example in his speech in Turkey) an enduring commitment to the rule of law helps maintain security and strengthens our country.
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