shadowproof--2020-11-25--Protest Song Of The Week: ‘Atlantic’ By Haviah Mighty

Protest Song Of The Week : ‘ Atlantic ’ By Haviah Mighty The following was originally published at Ongoing History of Protest Songs .
America ’ s issues with systemic racism are partly due to a failure to recognize past atrocities .
This reality is highlighted in “ Atlantic , ” the new tune by acclaimed Canadian rapper Haviah Mighty .
In 2019 , Haviah Mighty ’ s debut album “ 13th Floor ” won the Polaris Prize , an award that goes to the best Canadian album based on artistic merit .
She was the first hip-hop artist and @ @ @ @ @ @ @ album touched upon many themes related to blackness and social injustices .
These are themes that she continues to explore with “ Atlantic ” .
“ This concept that we can ’ t escape is so disgusting , and the reason they say , ‘ money is the root of all evil.
’ Specifically , the Atlantic Ocean was used as a vessel of support for these wicked practices , at the expense of my Black ancestors , ” Mighty stated .
“ We were forced to come to the Americas to make @ @ @ @ @ @ @ , better , with very little benefit .
Now we are the ‘ bottom of the barrel ’ in the Americas , a disposition I explore with the lyrics ‘ Never seen Atlanta , but we travel the Atlantic.
’ ” “ The singing vocals at the beginning , and especially the end , are to represent our ancestors crying out—a reminder that they were so strong , so resilient , and still here , keeping us empowered .
Our history is with them , and if we talk to them , learn @ @ @ @ @ @ @ we will be stronger , ” Mighty added .
As that statement indicates , Haviah Mighty accomplishes two powerful objectives with her poignant tune .
First , she makes the link between capitalism and systemic racism .
If you can justify viewing someone as a lesser being , it becomes easier to exploit them for profit .
Secondly , she highlights the importance of listening to one ’ s ancestors and explores that primarily from a black perspective—how black people learning about their ancestors can have an empowering impact .
But there is @ @ @ @ @ @ @ well .
We can learn from our ancestors , even if that means the uncomfortable acknowledgment that we have personally benefited from systems of oppression .
We will never progress as a society if we continue to whitewash the past .
Listen to “ Atlantic ” by Haviah Mighty :

The following was originally published at Ongoing History of Protest Songs.
America’s issues with systemic racism are partly due to a failure to recognize past atrocities. This reality is highlighted in “Atlantic,” the new tune by acclaimed Canadian rapper Haviah Mighty.
In 2019, Haviah Mighty’s debut album “13th Floor” won the Polaris Prize, an award that goes to the best Canadian album based on artistic merit. She was the first hip-hop artist and black woman to win. The exceptional album touched upon many themes related to blackness and social injustices.
These are themes that she continues to explore with “Atlantic”.
“This concept that we can’t escape is so disgusting, and the reason they say, ‘money is the root of all evil.’ Specifically, the Atlantic Ocean was used as a vessel of support for these wicked practices, at the expense of my Black ancestors,” Mighty stated.
“We were forced to come to the Americas to make this idea of value stronger, bigger, better, with very little benefit. Now we are the ‘bottom of the barrel’ in the Americas, a disposition I explore with the lyrics ‘Never seen Atlanta, but we travel the Atlantic.’”
“The singing vocals at the beginning, and especially the end, are to represent our ancestors crying out—a reminder that they were so strong, so resilient, and still here, keeping us empowered. Our history is with them, and if we talk to them, learn from them, do our research, we will be stronger,” Mighty added.
As that statement indicates, Haviah Mighty accomplishes two powerful objectives with her poignant tune. First, she makes the link between capitalism and systemic racism. If you can justify viewing someone as a lesser being, it becomes easier to exploit them for profit.
Secondly, she highlights the importance of listening to one’s ancestors and explores that primarily from a black perspective—how black people learning about their ancestors can have an empowering impact.
But there is also a lesson for white people as well. We can learn from our ancestors, even if that means the uncomfortable acknowledgment that we have personally benefited from systems of oppression.
We will never progress as a society if we continue to whitewash the past.
Listen to “Atlantic” by Haviah Mighty:


shadowproof--2020-11-10--Incarcerated Activist Sues Alabama After Facing Retaliation For Exposing Gambling Ring

Kinetik Justice Amun , also known as Robert Earl Council , filed a lawsuit on September 28 , 2020 seeking damages and injunctive relief against Alabama Department of Corrections ( ADOC ) employees , who he claims engaged in retaliation against him by placing him in solitary confinement , in violation of his First and Fourteenth Amendment rights .
The defendants in the lawsuit are Jeremy Pelzer , Correctional Sergeant at Limestone ; Dustin Brewer , Correctional Officer at Limestone ; Denise McKenzie , Correctional Captain at Limestone ; Stephen Langford , Correctional Captain at Limestone ; Deborah Toney , @ @ @ @ @ @ @ Scarlette Robinson , Deputy Warden at Limestone ; Cheryl Price , ADOC Institutional Coordinator ; Jefferson Dunn , ADOC Commissioner .
Kinetik has faced retaliation with prolonged solitary at the hands of the ADOC for his willingness to speak out against alleged gambling rings run by prison staff at Limestone Correctional Facility .
His isolation is the culmination of years of retaliation by ADOC in response to his political organizing and whistleblowing activities .
In his piece “ Enemy of the State , ” Kinetik argues , “ the main use of solitary @ @ @ @ @ @ @ the Administration deems ‘ too influential ’ or ‘ too outspoken.
’ ” As a member of the Free Alabama Movement , Kinetik has spent most of the last five years in solitary confinement .
The group , which organizes across prison walls in Alabama , began advocating coordinated work strikes against prison slavery in 2015 .
After Kinetik led a hunger strike at Holman Correctional Facility in March 2019 , he was transferred to Kilby Correctional Facility for nine days before going to Limestone , where he was placed in solitary confinement @ @ @ @ @ @ @ Limestone , Kinetik says he immediately began to experience “ blatant abuses.
” He provided Shadowproof with a timeline of his whistleblowing activities at the facility .
This included exposing a prison captain , who subjected incarcerated people to “ bucket detail ” : a practice whereby prisoners are placed in a cell without a toilet and left there until they defecate in a bucket , allegedly to ensure that they are not hiding contraband in their body cavities .
Kinetik argues that in April of 2019 , Limestone had a “ slick @ @ @ @ @ @ @ was overseen by a captain and sergeant .
A “ slick pick ticket ” is where prisoners gamble on sporting events as a means to occupy themselves and make money .
Unlike other prisons where this gambling happens , Kinetic argues Limestone ’ s captain and sergeant ensured that their gambling ring was the only “ slick pick ticket ” able to operate within the facility .
In October 2019 , Kinetik worked with other prisoners at Limestone to expose another gambling and contraband ring run by guards , which had restarted as @ @ @ @ @ @ @ the “ bucket detail ” and the previous gambling operation died down .
This new operation was coordinated by two captains and their sergeant , Kinetik alleged , and used the proceeds to pay prisoner informants .
As a result of his whistleblowing and practice as a jailhouse lawyer , guards were sent to “ shakedown ” Kinetik ’ s cell .
Kinetik alleges that a captain gave a correctional officer five “ strips of paper ” to plant and then to find in Kinetik ’ s cell during the search .
During @ @ @ @ @ @ @ observe from outside the cell as two correctional officers search their cell .
A half hour into the search , one correctional officer stands in the doorway partially obstructing the views of Kinetik and his cellmate , which is when , Kinetik alleges , that the other correctional officer fumbles inside his pocket for the white sheets of paper .
Seeing this , Kinetik then demanded to see their supervisor , who then told the officers to place him in segregation for “ disorderly conduct.
” He was then given a disciplinary infraction @ @ @ @ @ @ @ but he ’ s adamant that guards either lied about finding drugs or planted them among his letters and correspondence .
Prison staff alleged that the five pieces of paper found among Kinetic ’ s property were “ flakka , ” a nickname for alpha-Pyrrolidinopentiophenone , without providing evidence of any laboratory testing , according to Kinetik .
To further support their retaliation , ADOC charged Kinetik with being the head of a “ Security Threat Group ” ( STG ) and claimed he had organized the STG to “ distribute drugs throughout @ @ @ @ @ @ @ visitation privileges for 150 days and was held in isolation for three months .
When Kinetik ’ s term of isolation was set to expire in January 2020 , he learned that ADOC officials were relying on testimony from two prisoners , who claimed he was their “ enemy , ” in an attempt to justify placing him in solitary confinement indefinitely .
“ Enemy Validation ” is a process used to separate members of rival gangs .
Kinetik claims he did not even know these prisoners who declared him their enemy .
@ @ @ @ @ @ @ the two prisoners and claims that neither of them actually filed an enemy validation against him .
Instead , he believes this was part of a paper trail to cover-up the corruption ring he had helped discover .
Kinetik provided Shadowproof with a copy of an affidavit by an ADOC prisoner , who swears and affirms that he “ never had any confrontations , no problems with inmate Robert Earl Council ” and would have no problem with Kinetik being released from segregation .
In the affidavit , the prison further details the @ @ @ @ @ @ @ the prisoner into listing Kinetic as an “ enemy , ” through threats of physical violence and administrative segregation while secluded one-on-one in an isolated area of the prison .
According to Kinetik , the allegedly planted contraband and the coercion of this ADOC prisoner happened on the same day in March 2020 .
In his opinion , staff at Limestone , particularly a sergeant , wished to use the “ Possession of Contraband ” ticket and the “ enemy list ” to prevent Kinetic from speaking with the media about the corruption @ @ @ @ @ @ @ “ Culture of Corruption ” provided to Shadowproof , Kinetik details that “ [ a ] s a result of the national media coverage and public outcry , the ‘ “ bucket detail ’ ” was discontinued , all ‘ slick pick tickets ’ were shutdown.
, ” while one of the staff members overseeing these practices was allowed to retire quietly .
Kinetik Justice is currently out of solitary confinement and in general population .
He has also been transferred to William E. Donaldson Correctional Facility in Bessemer , Alabama .
On @ @ @ @ @ @ @ a complaint with administration officials at Limestone and the Commissioners Office .
In this complaint , which was shared with Shadowproof , Kinetik seeks damages and injunctive relief due to Limestone staff ’ s violation of his First Amendment rights through their retaliation against him for speaking out against corrupt practices , and their violation of the Fourteenth Amendment right of due process for his detention in segregation .
This ordeal follows a pattern of retaliation he faced after being a lead voice in the National Prison Strike in 2016 .
During that @ @ @ @ @ @ @ solitary in Holman to Kilby and then on to Limestone .
At the time , one of Kinetik ’ s comrades in the Free Alabama Movement referred to Kilby as ADOC ’ s “ bully camp , ” and shortly after he was transferred to Limestone where he was beaten by officers and thrown in a cell without running water ( “ dry cell ” ) .
“ I don ’ t bend , fold , or break .
I ’ m Kinetik , my mama didn ’ t raise no quitters .
@ @ @ @ @ @ @ , ” he wrote .

Incarcerated activist Kinetik Justice Amun filed a lawsuit on September 28, 2020 seeking damages and injunctive relief against Alabama Department of Corrections (ADOC) employees, who he claims engaged in retaliation against him in violation of his First and Fourteenth Amendment rights.
The defendants in the lawsuit are Jeremy Pelzer, Correctional Sergeant at Limestone; Dustin Brewer, Correctional Officer at Limestone; Denise McKenzie, Correctional Captain at Limestone; Stephen Langford, Correctional Captain at Limestone; Deborah Toney, (former) Warden at Limestone; Scarlette Robinson, Deputy Warden at Limestone; Cheryl Price, ADOC Institutional Coordinator; Jefferson Dunn, ADOC Commissioner.
Kinetik, also known as Robert Earl Council, says he faced prolonged solitary confinement for speaking out against alleged gambling rings run by staff at Limestone Correctional Facility.
His isolation is the culmination of years of retaliation by ADOC in response to his political organizing and whistleblowing activities. In his piece “Enemy of the State,” Kinetik argues, “the main use of solitary confinement is to ‘break’ those the Administration deems ‘too influential’ or ‘too outspoken.’”
As a member of the Free Alabama Movement, Kinetik has spent most of the last five years in solitary confinement. The group, which organizes across prison walls in Alabama, began advocating coordinated work strikes against prison slavery in 2015.
After Kinetik led a hunger strike at Holman Correctional Facility in March 2019, he was transferred to Kilby Correctional Facility for nine days before going to Limestone, where he was placed in solitary confinement in October of that year.
At Limestone, Kinetik says he immediately began to experience “blatant abuses.”
He provided Shadowproof with a timeline of his whistleblowing activities at the facility. This included exposing a prison captain, who subjected incarcerated people to “bucket detail”: a practice whereby prisoners are placed in a cell without a toilet and left there until they defecate in a bucket, allegedly to ensure that they are not hiding contraband in their body cavities.
Kinetik argues that in April of 2019, Limestone had a “slick pick ticket” gambling ring, which was overseen by a captain and sergeant. A “slick pick ticket” is where prisoners gamble on sporting events as a means to occupy themselves and make money. Unlike other prisons where this gambling happens, Kinetic argues Limestone’s captain and sergeant ensured that their gambling ring was the only “slick pick ticket” able to operate within the facility.
In October 2019, Kinetik worked with other prisoners at Limestone to expose another gambling and contraband ring run by guards, which had restarted as the public outcry and media buzz around the “bucket detail” and the previous gambling operation died down. This new operation was coordinated by two captains and their sergeant, Kinetik alleged, and used the proceeds to pay prisoner informants.
As a result of his whistleblowing and practice as a jailhouse lawyer, guards were sent to “shakedown” Kinetik’s cell. Kinetik alleges that a captain gave a correctional officer five “strips of paper” to plant and then to find in Kinetik’s cell during the search.
During the search, Kinetik and his cellmate observe from outside the cell as two correctional officers search their cell. A half hour into the search, one correctional officer stands in the doorway partially obstructing the views of Kinetik and his cellmate, which is when, Kinetik alleges, that the other correctional officer fumbles inside his pocket for the white sheets of paper. Seeing this, Kinetik then demanded to see their supervisor, who then told the officers to place him in segregation for “disorderly conduct.”
He was then given a disciplinary infraction for “Possession of Contraband,” but he’s adamant that guards either lied about finding drugs or planted them among his letters and correspondence. Prison staff alleged that the five pieces of paper found among Kinetic’s property were “flakka,” a nickname for alpha-Pyrrolidinopentiophenone, without providing evidence of any laboratory testing, according to Kinetik.
To further support their retaliation, ADOC charged Kinetik with being the head of a “Security Threat Group” (STG) and claimed he had organized the STG to “distribute drugs throughout the facility.” Kinetik lost phone and visitation privileges for 150 days and was held in isolation for three months.
When Kinetik’s term of isolation was set to expire in January 2020, he learned that ADOC officials were relying on testimony from two prisoners, who claimed he was their “enemy,” in an attempt to justify placing him in solitary confinement indefinitely. “Enemy Validation” is a process used to separate members of rival gangs. Kinetik claims he did not even know these prisoners who declared him their enemy.
Kinetik has since learned the identity of the two prisoners and claims that neither of them actually filed an enemy validation against him. Instead, he believes this was part of a paper trail to cover-up the corruption ring he had helped discover.
Kinetik provided Shadowproof with a copy of an affidavit by an ADOC prisoner, who swears and affirms that he “never had any confrontations, no problems with inmate Robert Earl Council” and would have no problem with Kinetik being released from segregation. In the affidavit, the prison further details the incident in which staff at Limestone coerced the prisoner into listing Kinetic as an “enemy,” through threats of physical violence and administrative segregation while secluded one-on-one in an isolated area of the prison.
According to Kinetik, the allegedly planted contraband and the coercion of this ADOC prisoner happened on the same day in March 2020. In his opinion, staff at Limestone, particularly a sergeant, wished to use the “Possession of Contraband” ticket and the “enemy list” to prevent Kinetic from speaking with the media about the corruption happening there.
In a piece titled “Culture of Corruption” provided to Shadowproof, Kinetik details that “[a]s a result of the national media coverage and public outcry, the ‘“bucket detail’” was discontinued, all ‘slick pick tickets’ were shutdown.,” while one of the staff members overseeing these practices was allowed to retire quietly.
Kinetik Justice is currently out of solitary confinement and in general population. He has also been transferred to William E. Donaldson Correctional Facility in Bessemer, Alabama.
On April 20, 2020, Kinetik filed a complaint with administration officials at Limestone and the Commissioners Office. In this complaint, which was shared with Shadowproof, Kinetik seeks damages and injunctive relief due to Limestone staff’s violation of his First Amendment rights through their retaliation against him for speaking out against corrupt practices, and their violation of the Fourteenth Amendment right of due process for his detention in segregation.
This ordeal follows a pattern of retaliation he faced after being a lead voice in the National Prison Strike in 2016. During that prison strike, Kinetik was transferred from solitary in Holman to Kilby and then on to Limestone. At the time, one of Kinetik’s comrades in the Free Alabama Movement referred to Kilby as ADOC’s “bully camp,” and shortly after he was transferred to Limestone where he was beaten by officers and thrown in a cell without running water (“dry cell”).
“I don’t bend, fold, or break. I’m Kinetik, my mama didn’t raise no quitters. Still standing strong, I remain!,” he wrote.


shadowproof--2020-12-01--In Closing Argument For Julian Assange’s Extradition, Prosecutors Cast WikiLeaks As Criminal Enterpr

In Closing Argument For Julian Assange’s Extradition, Prosecutors Cast WikiLeaks As Criminal Enterprise

In Closing Argument For Julian Assange ’ s Extradition , Prosecutors Cast WikiLeaks As Criminal Enterprise A United States counterintelligence strategy document signed by President Donald Trump warned the “ number of actors targeting the United States is growing.
” Lumped in with Russia , China , Iran , North Korea , Cuba , and terrorist groups were “ ideologically motivated entities , such as hacktivists , leaktivists , and public disclosure organizations ” that U.S. intelligence agents view as “ significant threats.
” [ PDF ] In the closing argument for the extradition case against WikiLeaks founder Julian Assange @ @ @ @ @ @ @ as an ideologically motivated entity that was in the “ business of encouraging individuals to hack into computers.
” Prosecutors further allege Assange encouraged the “ mass and indiscriminate theft of a vast number of documents , ” and they sidestep issues of freedom of expression by maintaining WikiLeaks “ can not be compared to the New York Times.
” “ WikiLeaks ’ very purpose and design was to recruit persons to break the law—by circumventing classification restrictions and computer and access restrictions , ” the submission states .
They solicited classified information @ @ @ @ @ @ @ list and invited insiders to break the law or outsiders to hack into government agencies .
Referring to a third indictment that was announced in June and served on the defense weeks before the extradition trial , prosecutors claim Assange told an audience of hackers there was a “ small vulnerability within the Congress document distribution system.
” He publicized materials he wanted “ obtained by hacking ” and “ exhorted ” the public to “ join the CIA in order to steal information.
” It mentions a 17-year-old who Assange allegedly asked @ @ @ @ @ @ @ audio recordings of conversations between high ranking officials of a NATO country.
” He also allegedly instructed this minor to “ break into someone ’ s computer and delete chat logs.
” This minor referred to as the “ Teenager ” is Sigurdur “ Siggi ” Thordarson was , according to the defense , “ convicted in Iceland of fraud , theft , and impersonation of Julian Assange.
” He sold merchandise through a WikiLeaks store without authorization and embezzled $ 50,000 .
The Iceland Monitor reported in 2015 that Thordarson was sentenced @ @ @ @ @ @ @ sexual violations against nine boys.
” He “ abused one boy over forty times over the period of two years when the boy was aged 15-17.
” Each boy was promised “ payment in exchange for oral and anal sex , ” and he also offered to “ pay for things such as internet connections , telephone bills and television subscription and even to open up overseas bank accounts.
” Thordarson was an FBI informant , who begged agents for money .
They eventually paid him $ 5,000 for the “ work he @ @ @ @ @ @ @ Alexandria , Virginia , where the grand jury investigation into WikiLeaks was empaneled .
The defense recalled , “ The Icelandic Interior Minister of the time is reported to have ordered a number of FBI prosecutors , who had arrived in Iceland to investigate the ‘ Teenager ’ s ’ claims , to leave Iceland .
The Interior Minister made statements at the time and has made statements since that he believed the investigation was in order to ‘ frame Assange . '
” At the Hacking at Random conference in the Netherlands @ @ @ @ @ @ @ identified “ a small vulnerability ” inside the document distribution system of the United States Congress ” that could be used to download “ reports of the Congressional Research Service that were not available to the public.
” Until 2016 , unclassified CRS reports were needlessly kept secret by Congress .
WikiLeaks posted nearly 7,000 of the reports in 2009 to subvert a “ gray market ” around the documents , where opportunists smuggled out reports and offered them to lobbyists , law firms , multinational corporations , and foreign governments .
The @ @ @ @ @ @ @ investigated the publication of CRS reports but was apparently unable to connect the leak—or exploitation of a security vulnerability—to WikiLeaks .
Following NSA whistleblower Edward Snowden ’ s revelations on U.S. mass surveillance programs , Assange addressed the Chaos Computer Club conference in Germany in December 2013 .
He encouraged young systems administrators to “ join the CIA.
” “ Go in there , ” Assange said .
“ Go into the ballpark and get the ball and bring it out—with the understanding , with the paranoia , that all those organizations will @ @ @ @ @ @ @ an ideology that is spread across the Internet .
And every young person is educated on the Internet.
” To the Justice Department , Assange ’ s comment “ exhorted ” the next generation of people to become CIA employees to “ steal ” classified information and hack into government computer systems .
However , Assange did not specifically ask anyone to engage in any conspiracy .
He appealed to young people to address a crisis of corruption in government by forcing transparency at a time when governments universally use secrecy regimes to @ @ @ @ @ @ @ other abusive acts .
The “ Most Wanted Leaks ” list is a central part of the government ’ s conspiracy theory against Assange .
But Pfc .
Chelsea Manning , the U.S. Army whistleblower who was the source of materials at issue in this case , never provided any of the “ bulk databases ” that were included in the list .
As David Coombs , who was Manning ’ s defense attorney , stated during her court-martial , military prosecutors were only able to “ remotely ” tie her to “ @ @ @ @ @ @ @ ” On June 8 , 2013 , at her trial , her defense heavily disputed whether Manning had ever seen a draft of the “ Most Wanted Leaks ” list .
Manning did not mention the list at all in her statement to the court when she pled guilty to some offenses .
Rainey Reitman and Kurt Opsahl of the Electronic Frontier Foundation ( EFF ) highlighted this aspect of the case .
“ Unlike much of Wikileaks.org , the ‘ Most Wanted ’ Leaks was actually a publicly-editable wiki.
” “ Rather @ @ @ @ @ @ @ generated by Wikileaks staff or a reflection of Assange ’ s personal priorities , we must understand that this was a publicly-generated list developed by contributors who felt each ‘ wanted ’ document offered information that would be valuable to the public , ” Reitman and Opsahl contended .
Or put another way : Coombs described the list as “ WikiLeaks saying , look , tell us , humanitarians , activists , NGOs , fellow reporters , what do you want to know in your country ?
What in your country is being @ @ @ @ @ @ @ the public should know ?
Give us a list.
” “ We are going to compile that list , and we are going to work to obtain that list .
What does this sound like ?
Any journalistic organization that has like a hotline or anything else says , call us .
You got a story .
Call us .
We ’ ll investigate.
” The U.S. government is dependent on the “ Most Wanted Leaks ” list to conjure the impression that Manning was “ working for WikiLeaks.
” If Manning was @ @ @ @ @ @ @ argue that Assange aided , abetted , or conspired to steal classified documents .
Prosecutors tried to address this dilemma by subpoenaing Manning to testify before a grand jury and jailing her for a year .
Manning held to her principles and resisted prosecutors , believing they intended to set a perjury trap that would force her into additional legal jeopardy .
The Crown Prosecution Authority deals with this in their closing argument by relying on Assistant U.S. Attorney Gordon Kromberg and maintaining the U.S. prosecution is not “ bound to accept the @ @ @ @ @ @ @ own defense or mitigation.
” It is unclear what “ allegations ” Kromberg or the Justice Department are referring to in their case .
None , in particular , were relied upon by military prosecutors .
Unfortunately , District Judge Vanessa Baraitser is likely to find this is a dispute between prosecutors and defense attorneys that could be settled at trial .
The defense submitted their closing argument on November 6 , and they had an opportunity to submit a rebuttal to the prosecution .
Baraitser will rule on the extradition request on @ @ @ @ @ @ @ April 2019 with 17 counts of violating the Espionage Act and one count of conspiracy to commit a computer intrusion that contains elements of an Espionage Act offense .
He is detained at the Belmarsh high-security prison in London , where he recently endured a COVID-19 outbreak .
Charges against Assange generally criminalize the act of receiving classified information , as well as the publication of state secrets from the U.S. government .
It targets common practices in newsgathering , which is why the case is widely opposed by press freedom organizations throughout @ @ @

A United States counterintelligence strategy document signed by President Donald Trump warned the “number of actors targeting the United States is growing.”
Lumped in with Russia, China, Iran, North Korea, Cuba, and terrorist groups were “ideologically motivated entities, such as hacktivists, leaktivists, and public disclosure organizations” that U.S. intelligence agents view as “significant threats.” [PDF]
In the closing argument for the extradition case against WikiLeaks founder Julian Assange, Crown Prosecution Service lawyers cast WikiLeaks as an ideologically motivated entity that was in the “business of encouraging individuals to hack into computers.”
Prosecutors further allege Assange encouraged the “mass and indiscriminate theft of a vast number of documents,” and they sidestep issues of freedom of expression by maintaining WikiLeaks “cannot be compared to the New York Times.”
“WikiLeaks’ very purpose and design was to recruit persons to break the law—by circumventing classification restrictions and computer and access restrictions,” the submission states. They solicited classified information through a “Most Wanted Leaks” list and invited insiders to break the law or outsiders to hack into government agencies.
Referring to a third indictment that was announced in June and served on the defense weeks before the extradition trial, prosecutors claim Assange told an audience of hackers there was a “small vulnerability within the Congress document distribution system.” He publicized materials he wanted “obtained by hacking” and “exhorted” the public to “join the CIA in order to steal information.”
It mentions a 17-year-old who Assange allegedly asked to “commit computer intrusions and steal audio recordings of conversations between high ranking officials of a NATO country.” He also allegedly instructed this minor to “break into someone’s computer and delete chat logs.”
This minor referred to as the “Teenager” is Sigurdur “Siggi” Thordarson was, according to the defense, “convicted in Iceland of fraud, theft, and impersonation of Julian Assange.” He forged a letter and switched an account so he could embezzle $50,000 worth of funds from the WikiLeaks.
The Iceland Monitor reported in 2015 that Thordarson was sentenced to three years in prison for “sexual violations against nine boys.” He “abused one boy over forty times over the period of two years when the boy was aged 15-17.” Each boy was promised “payment in exchange for oral and anal sex,” and he also offered to “pay for things such as internet connections, telephone bills and television subscription and even to open up overseas bank accounts.”
Thordarson was an FBI informant, who begged agents for money. They eventually paid him $5,000 for the “work he missed while meeting with agents” in Alexandria, Virginia, where the grand jury investigation into WikiLeaks was empaneled.
The defense recalled, “The Icelandic Interior Minister of the time is reported to have ordered a number of FBI prosecutors, who had arrived in Iceland to investigate the ‘Teenager’s’ claims, to leave Iceland. The Interior Minister made statements at the time and has made statements since that he believed the investigation was in order to ‘frame Assange.'”
At the Hacking at Random conference in the Netherlands in 2009, Assange allegedly said WikiLeaks identified “a small vulnerability” inside the document distribution system of the United States Congress” that could be used to download “reports of the Congressional Research Service that were not available to the public.”
Until 2016, unclassified CRS reports were needlessly kept secret by Congress. WikiLeaks posted nearly 7,000 of the reports in 2009 to subvert a “gray market” around the documents, where opportunists smuggled out reports and offered them to lobbyists, law firms, multinational corporations, and foreign governments.
The inspector general of the Library of Congress investigated the publication of CRS reports but was apparently unable to connect the leak—or exploitation of a security vulnerability—to WikiLeaks.
Following NSA whistleblower Edward Snowden’s revelations on U.S. mass surveillance programs, Assange addressed the Chaos Computer Club conference in Germany in December 2013. He encouraged young systems administrators to “join the CIA.”
“Go in there,” Assange said. “Go into the ballpark and get the ball and bring it out—with the understanding, with the paranoia, that all those organizations will be infiltrated by this generation, by an ideology that is spread across the Internet. And every young person is educated on the Internet.”
To the Justice Department, Assange’s comment “exhorted” the next generation of people to become CIA employees to “steal” classified information and hack into government computer systems. However, Assange did not specifically ask anyone to engage in any conspiracy. He appealed to young people to address a crisis of corruption in government by forcing transparency at a time when governments universally use secrecy regimes to conceal crimes, unlawful programs, and other abusive acts.
The “Most Wanted Leaks” list is a central part of the government’s conspiracy theory against Assange. But Pfc. Chelsea Manning, the U.S. Army whistleblower who was the source of materials at issue in this case, never provided any of the “bulk databases” that were included in the list.
As David Coombs, who was Manning’s defense attorney, stated during her court-martial, military prosecutors were only able to “remotely” tie her to “four of the things on the list.”
On June 8, 2013, at her trial, her defense heavily disputed whether Manning had ever seen a draft of the “Most Wanted Leaks” list. Manning did not mention the list at all in her statement to the court when she pled guilty to some offenses.
Rainey Reitman and Kurt Opsahl of the Electronic Frontier Foundation (EFF) highlighted this aspect of the case. “Unlike much of Wikileaks.org, the ‘Most Wanted’ Leaks was actually a publicly-editable wiki.”
“Rather than viewing this document as a wishlist generated by Wikileaks staff or a reflection of Assange’s personal priorities, we must understand that this was a publicly-generated list developed by contributors who felt each ‘wanted’ document offered information that would be valuable to the public,” Reitman and Opsahl contended.
Or put another way: Coombs described the list as “WikiLeaks saying, look, tell us, humanitarians, activists, NGOs, fellow reporters, what do you want to know in your country? What in your country is being hidden from the public that you believe the public should know? Give us a list.”
“We are going to compile that list, and we are going to work to obtain that list. What does this sound like? Any journalistic organization that has like a hotline or anything else says, call us. You got a story. Call us. We’ll investigate.”
The U.S. government is dependent on the “Most Wanted Leaks” list to conjure the impression that Manning was “working for WikiLeaks.” If Manning was not recruited, it becomes harder to argue that Assange aided, abetted, or conspired to steal classified documents.
Prosecutors tried to address this dilemma by subpoenaing Manning to testify before a grand jury and jailing her for a year. Manning held to her principles and resisted prosecutors, believing they intended to set a perjury trap that would force her into additional legal jeopardy.
The Crown Prosecution Service deals with this in their closing argument by relying on Assistant U.S. Attorney Gordon Kromberg and maintaining the U.S. prosecution is not “bound to accept the account given by Ms. Manning in her own defense or mitigation.”
After Ms Manning’s guilty pleas, a “providence inquiry” was initiated to ensure that the plea was voluntary and grounded in fact. This was a limited enquiry into the facts which Ms Manning had chosen to admit, and she was not subjected to exhaustive questioning about the offences or surrounding circumstances [Kromberg 1, CB2 §§142-3, Kromberg 4, CB8 §42]. Thereafter Ms. Manning refused to testify before a grand jury and has been found to be in contempt [§§145-156]. The second affidavit of Gordon Kromberg [CB3 §§12 and 13] maintains the factual position of the prosecution. Ms. Manning is alleged to have responded to requests made in the “Most Wanted” list.
It is unclear what “allegations” Kromberg or the Justice Department are referring to in their case. None, in particular, were relied upon by military prosecutors.
Unfortunately, District Judge Vanessa Baraitser is likely to find this is a dispute between prosecutors and defense attorneys that could be settled at trial.
The defense submitted their closing argument on November 6, and they had an opportunity to submit a rebuttal to the prosecution.
Baraitser will rule on the extradition request on January 4.
Assange was charged in April 2019 with 17 counts of violating the Espionage Act and one count of conspiracy to commit a computer intrusion that contains elements of an Espionage Act offense. He is detained at the Belmarsh high-security prison in London, where he recently endured a COVID-19 outbreak.
Charges against Assange generally criminalize the act of receiving classified information, as well as the publication of state secrets from the U.S. government. It targets common practices in newsgathering, which is why the case is widely opposed by press freedom organizations throughout the world.


shadowproof--2020-12-01--Incarcerated Activist Sues Alabama After Facing Retaliation For Exposing Gambling Ring

Incarcerated activist Kinetik Justice Amun filed a lawsuit on September 28 , 2020 seeking damages and injunctive relief against Alabama Department of Corrections ( ADOC ) employees , who he claims engaged in retaliation against him in violation of his First and Fourteenth Amendment rights .
The defendants in the lawsuit are Jeremy Pelzer , Correctional Sergeant at Limestone ; Dustin Brewer , Correctional Officer at Limestone ; Denise McKenzie , Correctional Captain at Limestone ; Stephen Langford , Correctional Captain at Limestone ; Deborah Toney , ( former ) Warden at Limestone ; Scarlette Robinson , Deputy Warden at @ @ @ @ @ @ @ Coordinator ; Jefferson Dunn , ADOC Commissioner .
Kinetik , also known as Robert Earl Council , says he faced prolonged solitary confinement for speaking out against alleged gambling rings run by staff at Limestone Correctional Facility .
His isolation is the culmination of years of retaliation by ADOC in response to his political organizing and whistleblowing activities .
In his piece “ Enemy of the State , ” Kinetik argues , “ the main use of solitary confinement is to ‘ break ’ those the Administration deems ‘ too influential ’ or @ @ @ @ @ @ @ member of the Free Alabama Movement , Kinetik has spent most of the last five years in solitary confinement .
The group , which organizes across prison walls in Alabama , began advocating coordinated work strikes against prison slavery in 2015 .
After Kinetik led a hunger strike at Holman Correctional Facility in March 2019 , he was transferred to Kilby Correctional Facility for nine days before going to Limestone , where he was placed in solitary confinement in October of that year .
At Limestone , Kinetik says he immediately began to @ @ @ @ @ @ @ Shadowproof with a timeline of his whistleblowing activities at the facility .
This included exposing a prison captain , who subjected incarcerated people to “ bucket detail ” : a practice whereby prisoners are placed in a cell without a toilet and left there until they defecate in a bucket , allegedly to ensure that they are not hiding contraband in their body cavities .
Kinetik argues that in April of 2019 , Limestone had a “ slick pick ticket ” gambling ring , which was overseen by a captain and sergeant .
@ @ @ @ @ @ @ where prisoners gamble on sporting events as a means to occupy themselves and make money .
Unlike other prisons where this gambling happens , Kinetic argues Limestone ’ s captain and sergeant ensured that their gambling ring was the only “ slick pick ticket ” able to operate within the facility .
In October 2019 , Kinetik worked with other prisoners at Limestone to expose another gambling and contraband ring run by guards , which had restarted as the public outcry and media buzz around the “ bucket detail ” and the previous @ @ @ @ @ @ @ operation was coordinated by two captains and their sergeant , Kinetik alleged , and used the proceeds to pay prisoner informants .
As a result of his whistleblowing and practice as a jailhouse lawyer , guards were sent to “ shakedown ” Kinetik ’ s cell .
Kinetik alleges that a captain gave a correctional officer five “ strips of paper ” to plant and then to find in Kinetik ’ s cell during the search .
During the search , Kinetik and his cellmate observe from outside the cell as two correctional @ @ @ @ @ @ @ hour into the search , one correctional officer stands in the doorway partially obstructing the views of Kinetik and his cellmate , which is when , Kinetik alleges , that the other correctional officer fumbles inside his pocket for the white sheets of paper .
Seeing this , Kinetik then demanded to see their supervisor , who then told the officers to place him in segregation for “ disorderly conduct.
” He was then given a disciplinary infraction for “ Possession of Contraband , ” but he ’ s adamant that guards either @ @ @ @ @ @ @ among his letters and correspondence .
Prison staff alleged that the five pieces of paper found among Kinetic ’ s property were “ flakka , ” a nickname for alpha-Pyrrolidinopentiophenone , without providing evidence of any laboratory testing , according to Kinetik .
To further support their retaliation , ADOC charged Kinetik with being the head of a “ Security Threat Group ” ( STG ) and claimed he had organized the STG to “ distribute drugs throughout the facility.
” Kinetik lost phone and visitation privileges for 150 days and was held @ @ @ @ @ @ @ Kinetik ’ s term of isolation was set to expire in January 2020 , he learned that ADOC officials were relying on testimony from two prisoners , who claimed he was their “ enemy , ” in an attempt to justify placing him in solitary confinement indefinitely .
“ Enemy Validation ” is a process used to separate members of rival gangs .
Kinetik claims he did not even know these prisoners who declared him their enemy .
Kinetik has since learned the identity of the two prisoners and claims that neither of @ @ @ @ @ @ @ him .
Instead , he believes this was part of a paper trail to cover-up the corruption ring he had helped discover .
Kinetik provided Shadowproof with a copy of an affidavit by an ADOC prisoner , who swears and affirms that he “ never had any confrontations , no problems with inmate Robert Earl Council ” and would have no problem with Kinetik being released from segregation .
In the affidavit , the prison further details the incident in which staff at Limestone coerced the prisoner into listing Kinetic as an “ @ @ @ @ @ @ @ violence and administrative segregation while secluded one-on-one in an isolated area of the prison .
According to Kinetik , the allegedly planted contraband and the coercion of this ADOC prisoner happened on the same day in March 2020 .
In his opinion , staff at Limestone , particularly a sergeant , wished to use the “ Possession of Contraband ” ticket and the “ enemy list ” to prevent Kinetic from speaking with the media about the corruption happening there .
In a piece titled “ Culture of Corruption ” provided to Shadowproof @ @ @ @ @ @ @ ] s a result of the national media coverage and public outcry , the ‘ “ bucket detail ’ ” was discontinued , all ‘ slick pick tickets ’ were shutdown.
, ” while one of the staff members overseeing these practices was allowed to retire quietly .
Kinetik Justice is currently out of solitary confinement and in general population .
He has also been transferred to William E. Donaldson Correctional Facility in Bessemer , Alabama .
On April 20 , 2020 , Kinetik filed a complaint with administration officials at Limestone and @ @ @ @ @ @ @ , which was shared with Shadowproof , Kinetik seeks damages and injunctive relief due to Limestone staff ’ s violation of his First Amendment rights through their retaliation against him for speaking out against corrupt practices , and their violation of the Fourteenth Amendment right of due process for his detention in segregation .
This ordeal follows a pattern of retaliation he faced after being a lead voice in the National Prison Strike in 2016 .
During that prison strike , Kinetik was transferred from solitary in Holman to Kilby and then on @ @ @ @ @ @ @ one of Kinetik ’ s comrades in the Free Alabama Movement referred to Kilby as ADOC ’ s “ bully camp , ” and shortly after he was transferred to Limestone where he was beaten by officers and thrown in a cell without running water ( “ dry cell ” ) .
“ I don ’ t bend , fold , or break .
I ’ m Kinetik , my mama didn ’ t raise no quitters .
Still standing strong , I remain !
, ” he wrote .


shadowproof--2020-12-02--Protest Song Of The Week: ‘We Ain’t Free’ By Boscoe

Protest Song Of The Week : ‘ We Ain ’ t Free ’ By Boscoe Boscoe is like a much more politically militant Earth Wind and Fire , like if the band collaborated with the Last Poets or Watts Prophets .
In fact , both Boscoe and Earth Wind and Fire are both from Chicago ’ s South Side .
As the Numero Group label describes , during the early 1970s , the South Side was “ an epicenter of African-American musical creativity : Art Ensemble of Chicago , Sun Ra ’ s Arkestra , Phil Cohran ’ s Artistic @ @ @ @ @ @ @ charge away from mainstream , commercial music.
” The Pharaoahs , Pieces of Peace , and Earth Wind and Fire later emerged and garnered national and international acclaim .
However , Boscoe never achieved recognition despite their explosive , funky , and righteous sound .
“ We Ain ’ t Free ” consists of a dark and ironic parody of “ The Star Spangled Banner.
” MOJO , a music magazine in the United Kingdom , referred to it as a “ jazz-funk locomotive ” that “ makes its point forcefully.
” “ @ @ @ @ @ @ @ t free , ” the band sings .
“ Here in the land of opportunity , here ’ s what I see.
” The group runs down the sources of discombobulation before a break develops into a kind of call and response with a slave master .
Boscoe does not deal in subtlety so it is clear who , or what , is the slave master .
“ If I had my way , you ’ d never be free , ” the song cries out sinisterly .
From there , the band @ @ @ @ @ @ @ before ending with the sound that spurred this sonic maelstrom against systemic oppression .
Boscoe apparently was concerned a more commercial record label would force them to water down their lyrics .
They released their only album on their own , and it gained relatively little exposure .
But nearly 50 years later , their lyrics resemble the calls for justice at Black Lives Matter demonstrations .
Listen to “ We Aint ’ Free ” by Boscoe :

Boscoe is like a much more politically militant Earth Wind and Fire, like if the band collaborated with the Last Poets or Watts Prophets. In fact, both Boscoe and Earth Wind and Fire are both from Chicago’s South Side.
As the Numero Group label describes, during the early 1970s, the South Side was “an epicenter of African-American musical creativity: Art Ensemble of Chicago, Sun Ra’s Arkestra, Phil Cohran’s Artistic Heritage Ensemble, and others led the charge away from mainstream, commercial music.”
The Pharaoahs, Pieces of Peace, and Earth Wind and Fire later emerged and garnered national and international acclaim. However, Boscoe never achieved recognition despite their explosive, funky, and righteous sound.
“We Ain’t Free” consists of a dark and ironic parody of “The Star Spangled Banner.”
MOJO, a music magazine in the United Kingdom, referred to it as a “jazz-funk locomotive” that “makes its point forcefully.”
“Can’t you see/we ain’t free,” the band sings. “Here in the land of opportunity, here’s what I see.”
The group runs down the sources of discombobulation before a break develops into a kind of call and response with a slave master.
Boscoe does not deal in subtlety so it is clear who, or what, is the slave master.
“If I had my way, you’d never be free,” the song cries out sinisterly.
From there, the band plays around three minutes of psychedelic funk before ending with the sound that spurred this sonic maelstrom against systemic oppression.
Boscoe apparently was concerned a more commercial record label would force them to water down their lyrics. They released their only album on their own, and it gained relatively little exposure. But nearly 50 years later, their lyrics resemble the calls for justice at Black Lives Matter demonstrations.
Listen to “We Aint’ Free” by Boscoe:


shadowproof--2020-12-01--Incarcerated Activist Sues Alabama Prison Officials After Facing Retaliation For Exposing Gambling R

Incarcerated Activist Sues Alabama Prison Officials After Facing Retaliation For Exposing Gambling Ring


shadowproof--2020-12-04--Dissenter Weekly: FDA Whistleblower Exposes ‘Biohazard Nightmare’ At Merck Plant

On this edition of the “ Dissenter Weekly , ” host and Shadowproof editor Kevin Gosztola highlights a report in @ @ @ @ @ and unsanitary conditions at a Merck vaccine plant in Durham , North Carolina .
Later @ @ @ @ @ covers a lawsuit filed by employees of Denver Health , who have faced retaliation for @ @ @ @ @ systemic racism .
He also shares some key quotes from the prosecution ’ s closing @ @ @ @ @ s extradition case .
Elite FDA Inspector Blows Whistle On ‘ Biohazard Nightmare ’ At @ @ @ @ @ Alleges Denver Health Cracked Down On Employees Outspoken Against Systemic Racism Indiana Local News Outlet @ @ @ @ @ Woman ’ s Unemployment Benefits Crown Prosecution Service Files Closing Argument In Assange Extradition Trial @ @ @ @ @ you by Shadowproof.com , a 100 % reader-funded press organization .
If you enjoy our @ @ @ @ @ us with a donation or by subscribing for $ 5/month or more : https : @

On this edition of the “Dissenter Weekly,” host and Shadowproof editor Kevin Gosztola highlights a report in Vanity Fair that reveals horrendous and unsanitary conditions at a Merck vaccine plant in Durham, North Carolina.
Later in the show, Gosztola covers a lawsuit filed by employees of Denver Health, who have faced retaliation for speaking out on COVID-19 and systemic racism. He also shares some key quotes from the prosecution’s closing argument in Julian Assange’s extradition case.
This week’s stories:
Elite FDA Inspector Blows Whistle On ‘Biohazard Nightmare’ At Merck Vaccine Plant
Whistleblower Lawsuit Alleges Denver Health Cracked Down On Employees Outspoken Against Systemic Racism
Indiana Local News Outlet’s Whistleblower Investigation Restores Woman’s Unemployment Benefits
Crown Prosecution Service Files Closing Argument In Assange Extradition Trial
Send tips and feedback to editor@shadowproof.com
This show is brought to you by Shadowproof.com, a 100% reader-funded press organization. If you enjoy our work, you can support us with a donation or by subscribing for $5/month or more: https://shadowproof.com/donate


shadowproof--2020-12-08--Eleventh Circuit Rules Against NSA Whistleblower Reality Winner’s Appeal For Compassionate Release

The 11th United States Circuit Court of Appeals ruled against NSA whistleblower Reality Winner ’ s request for compassionate release from a federal prison , even though COVID-19 remains a pervasive threat .
Narrowly , the appeals court decided [ PDF ] a lower court did not “ abuse its discretion ” when it refused to grant Winner a hearing to present evidence about her specific medical conditions that put her at risk at Federal Medical Center Carswell .
“ It is true that the court ruled , without holding an evidentiary hearing , that Ms .
Winner had not @ @ @ @ @ @ @ under the particular conditions of confinement at FMC Carswell place her at a risk substantial enough to justify her early release ’ and that she ‘ is in a medical prison , ” the appeals court declared .
The court added , “ This ruling , while succinct , does not constitute a ‘ fail [ ure ] to apply the proper legal standard ’ or a failure ‘ to follow proper procedures in making its determination . '
” “ We are devastated , ” Billie Winner-Davis , Reality Winner ’ s @ @ @ @ @ @ @ like there is so much bias against my daughter , ” and , “ Even though I had tried not to get my hope up , I am still crushed by this denial.
” Winner filed the appeal on May 12 .
She urged the 11th Circuit to reverse a district court ruling and release her into home confinement .
Her attorneys warned , “ The entire basis for Reality ’ s motion—and so many like hers—is that she can not afford to wait until she is removed from FMC Carswell in a @ @ @ @ @ @ @ is afforded relief.
” Winner tested positive for COVID-19 in July , as confirmed cases in Carswell spiked over 500 .
However , the appeals court showed no sense of urgency as the virus spread in the facility .
Finally , on November 17 , the 11th Circuit convened a hearing and granted Winner ’ s attorney an opportunity to make the case that a district court had wrongly ruled against her .
The 11th Circuit has a notorious reputation when it comes to appeals from prisoners .
In June , Supreme Court @ @ @ @ @ @ @ 11th Circuit is significantly out of step with other courts.
” According to the New York Times , the appeals court tends to require that prisoners use a form that is so small one is lucky to fit 100 words .
That submission can be the basis for rulings on appeals without “ even an individualized response from the government.
” The 11th Circuit acknowledged that Winner “ suffers from depression and an eating disorder , both of which affect her ability to ‘ cope with stress and uncertainty , such as incarceration @ @ @ @ @ @ @ . '
” “ For Ms .
Winner , her ‘ routines allow her to cope and hold the things she is unable to control together.
’ But as a result of the lockdown of the federal prison system on account of COVID-19 , she can not engage in her regular routine and is left with ‘ no way to exercise any coping mechanism for the stress of her own underlying conditions , ' ” the appeals court further noted .
It did not dispute that Winner ’ s eating disorder was likely @ @ @ @ @ @ @ ways ” as a result of a lockdown at Carswell and “ worries about COVID-19.
” “ Ms .
Winner says prison is ‘ a particularly dangerous place ’ for her during the pandemic because of the close living quarters , continual transfer of prisoners in and out , and the lack of supplies such as hand sanitizer , ” the appeals court recognized .
But the 11th Circuit showed indifference to her complaint by ignoring confinement conditions during a pandemic .
It did not contemplate whether conditions were “ extraordinary and compelling @ @ @ @ @ @ @ the First Step Act and instead focused on a technical aspect of the judicial process .
Earlier this year , Winner submitted an application for a pardon .
It does not seem likely that Trump will pardon Winner , yet there is a campaign among her supporters to convince President-elect Joe Biden to free her .
“ My daughter continues to struggle with the reality of COVID-19 and total lockdown conditions within the prison .
Everyday the prison staff find new ways to torment her , whether by restricting her ability to exercise @ @ @ @ @ @ @ mother shared .
Winner is eligible for release in November 2021 .
She pled guilty in 2018 to one count of violating the Espionage Act when she disclosed an NSA report to The Intercept .
She believed the report contained evidence that Russian hackers targeted United States voter registration systems during the 2016 election .
She was detained after her arrest in 2017 and has served a majority of her 63-month sentence .

The 11th United States Circuit Court of Appeals ruled against NSA whistleblower Reality Winner’s request for compassionate release from a federal prison, even though COVID-19 remains a pervasive threat.
Narrowly, the appeals court decided [PDF] a lower court did not “abuse its discretion” when it refused to grant Winner a hearing to present evidence about her specific medical conditions that put her at risk at Federal Medical Center Carswell.
“It is true that the court ruled, without holding an evidentiary hearing, that Ms. Winner had not shown ‘that her specific medical conditions under the particular conditions of confinement at FMC Carswell place her at a risk substantial enough to justify her early release’ and that she ‘is in a medical prison,” the appeals court declared.
The court added, “This ruling, while succinct, does not constitute a ‘fail[ure] to apply the proper legal standard’ or a failure ‘to follow proper procedures in making its determination.'”
“We are devastated,” Billie Winner-Davis, Reality Winner’s mother, stated. “It seems like there is so much bias against my daughter,” and, “Even though I had tried not to get my hope up, I am still crushed by this denial.”
Winner filed the appeal on May 12. She urged the 11th Circuit to reverse a district court ruling and release her into home confinement.
Her attorneys warned, “The entire basis for Reality’s motion—and so many like hers—is that she cannot afford to wait until she is removed from FMC Carswell in a stretcher, or worse, before she is afforded relief.”
Winner tested positive for COVID-19 in July, as confirmed cases in Carswell spiked over 500. However, the appeals court showed no sense of urgency as the virus spread in the facility.
Finally, on November 17, the 11th Circuit convened a hearing and granted Winner’s attorney an opportunity to make the case that a district court had wrongly ruled against her.
The 11th Circuit has a notorious reputation when it comes to appeals from prisoners. In June, Supreme Court Justice Sonia Sotomayor stated, “The 11th Circuit is significantly out of step with other courts.”
According to the New York Times, the appeals court tends to require that prisoners use a form that is so small one is lucky to fit 100 words. That submission can be the basis for rulings on appeals without “even an individualized response from the government.”
The 11th Circuit acknowledged that Winner “suffers from depression and an eating disorder, both of which affect her ability to ‘cope with stress and uncertainty, such as incarceration and the invasion of a novel disease.'”
“For Ms. Winner, her ‘routines allow her to cope and hold the things she is unable to control together.’ But as a result of the lockdown of the federal prison system on account of COVID-19, she cannot engage in her regular routine and is left with ‘no way to exercise any coping mechanism for the stress of her own underlying conditions,'” the appeals court further noted.
It did not dispute that Winner’s eating disorder was likely exacerbated in “unhealthy and even dangerous ways” as a result of a lockdown at Carswell and “worries about COVID-19.”
“Ms. Winner says prison is ‘a particularly dangerous place’ for her during the pandemic because of the close living quarters, continual transfer of prisoners in and out, and the lack of supplies such as hand sanitizer,” the appeals court recognized.
But the 11th Circuit showed indifference to her complaint by ignoring confinement conditions during a pandemic. It did not contemplate whether conditions were “extraordinary and compelling” enough to warrant her release under the First Step Act and instead focused on a technical aspect of the judicial process.
Earlier this year, Winner submitted an application for a pardon. It does not seem likely that Trump will pardon Winner, yet there is a campaign among her supporters to convince President-elect Joe Biden to free her.
“My daughter continues to struggle with the reality of COVID-19 and total lockdown conditions within the prison. Everyday the prison staff find new ways to torment her, whether by restricting her ability to exercise or rejecting her mail,” her mother shared.
Winner is eligible for release in November 2021. She pled guilty in 2018 to one count of violating the Espionage Act when she disclosed an NSA report to The Intercept. She believed the report contained evidence that Russian hackers targeted United States voter registration systems during the 2016 election.
She was detained after her arrest in 2017 and has served a majority of her 63-month sentence.


shadowproof--2020-12-09--Protest Song Of The Week: ‘FNP’ By Billy Nomates

Protest Song Of The Week : ‘ FNP ’ By Billy Nomates The following was originally published at Ongoing History of Protest Songs .
Billy Nomates is the moniker of Tor Maries , a singer-songwriter in the United Kingdom who released her self-titled debut album back in August .
Although the album was recorded pre-pandemic , it is still politically relevant due to its themes of class struggle and social inequality .
“ I ’ ve never really had money , but I was the poorest I ’ d been a couple of years ago after working a load of @ @ @ @ @ @ @ NME .
“ I was miserable and poor and unfulfilled : I couldn ’ t write about fancying someone or anything nice .
I thought : ‘ If I ’ m going to write again , I have no optionbut to write about “ ah , it ’ s all crap.
’ ” This is exemplified by one of the album ’ s standout tracks “ FNP , ” which is short for “ Forgotten Normal People.
” The song highlights the reality that if you are not part of the elite then @ @ @ @ @ @ @ care about you .
In the United States , this reality has become even clearer considering the government ’ s response to COVID-19 and their failure to pass an adequate stimulus package .
Both sides of the political aisle are using “ Forgotten Normal People ” as a pawn in their power grab .
The lyrics also contain a message of empowerment : In a corner of society that they hope disappears That has more soul than their tiny minds could handle Forgotten Normal People are a force to remember And what they @ @ @ @ @ @ @ together By banding together and making their voices heard , Nomates believes Forgotten Normal People can force those in power to remember them .
Listen to “ FNP ” by Billy Nomates :

The following was originally published at Ongoing History of Protest Songs.
Billy Nomates is the moniker of Tor Maries, a singer-songwriter in the United Kingdom who released her self-titled debut album back in August.
Although the album was recorded pre-pandemic, it is still politically relevant due to its themes of class struggle and social inequality.
“I’ve never really had money, but I was the poorest I’d been a couple of years ago after working a load of minimum wage jobs,” Maries told NME. “I was miserable and poor and unfulfilled: I couldn’t write about fancying someone or anything nice. I thought: ‘If I’m going to write again, I have no optionbut to write about “ah, it’s all crap.’”
This is exemplified by one of the album’s standout tracks “FNP,” which is short for “Forgotten Normal People.” The song highlights the reality that if you are not part of the elite then the powers that be don’t care about you.
In the United States, this reality has become even clearer considering the government’s response to COVID-19 and their failure to pass an adequate stimulus package. Both sides of the political aisle are using “Forgotten Normal People” as a pawn in their power grab.
The lyrics also contain a message of empowerment:
In a corner of society that they hope disappears
That has more soul than their tiny minds could handle
Forgotten Normal People are a force to remember
And what they havenʼt considered
Is how we hold everything together
By banding together and making their voices heard, Nomates believes Forgotten Normal People can force those in power to remember them.
Listen to “FNP” by Billy Nomates:


shadowproof--2020-12-11--Dissenter Weekly: COVID-19 Data Whistleblower Targeted In Raid—Plus, Assange Update

On this edition of the “ Dissenter Weekly , ” host and Shadowproof editor Kevin Gosztola comments on the raid @ @ @ @ @ against COVID-19 data whistleblower Rebekah Jones .
Later in the show , Gosztola highlights an @ @ @ @ @ whistleblower-killing loopholes .
He also provides updates on NSA whistleblower Reality Winner and WikiLeaks founder @ @ @ @ @ Raid Home Of COVID-19 Data Whistleblower Eleventh Circuit Court Rules Against NSA Whistleblower Reality Winner @ @ @ @ @ Release Big Banks May Soon Benefit From Law With ‘ Whistleblower-Killing Loophole ’ Midwest Center @ @ @ @ @ Monsanto Forced Weedkiller On Farmers Assange Legal Team Replies To Crown Prosecution Service ’ s @ @ @ @ @ brought to you by Shadowproof.com , a 100 % reader-funded press organization .
If you @ @ @ @ @ can support us with a donation or by subscribing for $ 5/month or more : @ @ @

On this edition of the “Dissenter Weekly,” host and Shadowproof editor Kevin Gosztola comments on the raid that Florida state agents conducted against COVID-19 data whistleblower Rebekah Jones.
Later in the show, Gosztola highlights an anti-money laundering law with major whistleblower-killing loopholes. He also provides updates on NSA whistleblower Reality Winner and WikiLeaks founder Julian Assange.
This week’s stories:
Florida Agents Raid Home Of COVID-19 Data Whistleblower
Eleventh Circuit Court Rules Against NSA Whistleblower Reality Winner’s Appeal For Compassionate Release
Big Banks May Soon Benefit From Law With ‘Whistleblower-Killing Loophole’
Midwest Center For Investigative Reporting Exposes How Monsanto Forced Weedkiller On Farmers
Assange Legal Team Replies To Crown Prosecution Service’s Closing Argument
Send tips and feedback to editor@shadowproof.com
This show is brought to you by Shadowproof.com, a 100% reader-funded press organization. If you enjoy our work, you can support us with a donation or by subscribing for $5/month or more: https://shadowproof.com/donate


shadowproof--2020-12-14--The Assange Prosecution: A Haunting Reminder Of The Travesty Of Justice In My Case

The Assange Prosecution : A Haunting Reminder Of The Travesty Of Justice In My Case The prosecution against WikiLeaks founder Julian Assange has invoked my case , making it a haunting reminder of the travesty of justice that befell me .
I worked for the Central Intelligence Agency .
In 2015 , the United States government wrongfully tried , convicted , and sent me to prison for allegedly violating the U.S .
Espionage Act .
I am one of the few who has ever gone to trial to defend their selves against this ancient and misused law .
If I @ @ @ @ @ @ @ is possible Assange may not be facing the same impossible hell that ruined my life .
As such , I feel a burden to challenge certain statements by the Crown Prosecution Service in Assange ’ s case .
Sentencing and prison conditions have been key issues during proceedings in the United Kingdom .
At the extradition trial in September , Crown prosecutor James Lewis noted I was sentenced to 42 months in prison , even though I took my case to trial .
Lewis brought up the case to inappropriately argue that I @ @ @ @ @ @ @ to be sentenced to decades in prison .
I find the use of my name and the travesty of justice that was my trial to be an insult to both the sensibilities of justice and truth .
On top of that , one of the biggest lies is the prosecution ’ s assertion that I provided plans and documents to a reporter , which I did not do .
In fact , this was not a part of the case against me—at all .
The truth of the matter is , the prosecutor @ @ @ @ @ @ @ my sentence was only 42 months .
The U.S. government wanted me to spend far more time in prison , much closer to the maximum 100-year sentence I faced .
Judge Leonie Brinkema in the Eastern District of Virginia ( EDVA ) , the same district where Assange may face trial , did not hand down my sentence out of any innate benevolence.
, It was more a result of a begrudging realization of the injustice that resulted in my conviction .
There will be no offer of reasonableness for Assange from either @ @ @ @ @ @ @ He will be handed the maximum sentence allowable .
And if anything , my case should serve as a warning that the U.S. government will use the Espionage Act and a biased court to extend its vengeance to reach voices of dissent not only in the U.S. but also anywhere in the world .
Effectively Blackballed After Going To Committees In Congress While working at the CIA , I was a clandestine operations officer specializing in Iran .
I speak Farsi and worked subjects related to Iranian politics , regional dynamics , and @ @ @ @ @ @ @ good at my job , but to the CIA , I had the wrong skin color .
The answer to my question as to why I was not receiving the same opportunities as every other officer at the CIA was that I would stick out as a big black guy speaking Farsi .
In 2001 , I became one of the only African American clandestine officers to ever sue the CIA for racial discrimination .
President George W. Bush ’ s Justice Department argued my lawsuit would jeopardize state secrets , and the @ @ @ @ @ @ @ This was the first time the court treated me like a terrorist .
I also was part of Operation Merlin , which was an ostensible effort to hamper Iran ’ s development of a nuclear weapons program .
The CIA assured me the operation was safe and plans we provided were flawed so they would undermine Iran .
Yet , I became concerned that safety protocols were not what the agency had promised , and after the invasion of Iraq , I dreaded the operation could be used against U.S. soldiers .
Following @ @ @ @ @ @ @ to both the Senate and House intelligence committees .
Despite their assurances of confidentiality and initial responses to my concerns , neither committee saw fit to act on my disclosures .
( For more background , I encourage you to read my book , Unwanted Spy : The Persecution of an American Whistleblower . )
The CIA eventually fired me , and I lost everything .
I could not find a job despite my expertise in both Iran and terrorism , during a time when my government was desperate for such resources .
@ @ @ @ @ @ @ me , which meant I was effectively blackballed .
( The American intelligence community has a long and vengeful memory . )
After years of struggle , I moved to a new state , had a new job , and found love .
I believed the turmoil with the CIA was over for good .
Out of the blue , the FBI raided my home .
I was under investigation for leaking information related to Operation Merlin to a reporter who put that information in a book .
And to emphasize the heights @ @ @ @ @ @ @ arrested in January 2011 and charged with violating the Espionage Act .
The Shock Of Facing Prosecution Under the Espionage Act Being tried under the Espionage Act was an experience that destroyed every reasonable notion I ever had about law , government , fairness , and justice in the United States .
The initial shock was being branded a traitor by my government .
The arrest left me confused and angry .
I never divulged classified information to anyone who was not authorized to receive it .
But in a tragic sort of @ @ @ @ @ @ @ I was the only black face involved in Operation Merlin .
I was the only individual to complain about the dangers of the operation , and I had the nerve to sue the CIA for discrimination .
I was a spy for my country , not against it .
I did not speak to any reporter nor did I ever divulge any classified information to anyone not authorized to receive materials .
All I did was stand up for the rights I was guaranteed under the U.S. Constitution and oppose a reckless CIA @ @ @ @ @ @ @ intelligence committees .
Yet , I found myself jailed in the same cell block of the Alexandria jail that held infamous 9/11 conspirator Zacarias Moussaoui and accused of a crime I did not commit .
It was clear that my government viewed and would treat me as a terrorist .
The next shock was facing trial in the same court , the EDVA , which had previously determined I had no rights as a citizen to challenge how my government discriminated against me .
How the EDVA viewed me was made clear early @ @ @ @ @ @ @ the Alexandria jail .
Prosecutors maliciously claimed if I was released I was bound to undertake a murderous spree against CIA employees .
During the proceeding to determine whether I was to be released , an old friend who lived in Virginia stood up to attest to my character .
There was no real justification to keep me in the Alexandria jail , yet Brinkema found another way to continue the persecution .
With no real expressed authority to do so , Brinkema ordered my friend to give me a place to stay @ @ @ @ @ @ @ and post a $ 10,000 bond , I would remain in the Alexandria jail .
My friend had no choice but to accept Brinkema ’ s unjust terms .
I was thankful to have such a wonderful friend , but that release from the Alexandria jail kept me separated from my family at a time trying to defend myself .
A federal judge is unlikely to show this sort of supposed benevolence to Assange .
He will most likely be held in the same cell block that I was in at the Alexandria @ @ @ @ @ @ @ .
Assange Will Face A Potentially Severe Prison Sentence Like I Did Should Assange be extradited and put on trial in the EDVA , he will face the same terminal decision I faced : whether to go to trial and risk an unending sentence or plead guilty to a crime created by and imposed on him by the U.S. government .
My trial began in January 2015 , and everything I learned in law school about trials and criminal procedures seemed to mean nothing to the Department of Justice prosecutors as well as @ @ @ @ @ @ @ court notorious for siding with the government , and the jury pool consisted of individuals , who either had a U.S government security clearance or maintained a close connection with those who did .
That set me up for a battle with the jury in addition to the prosecutors and the judge .
I can certainly understand why anyone facing such a situation under the Espionage Act would plead guilty to take the prospect of a long prison term off the table .
U.S. prosecutors are known for making threats of extensive prison @ @ @ @ @ @ @ cases to trial .
Even though I faced 10 years for each of the 10 counts against me—roughly 100 years in prison if I were convicted—pleading guilty to crimes I did not commit was out of the question .
Interestingly , the prosecution never made any efforts to negotiate a sentence with me ( not that it would have mattered ) , though they did indicate they wanted me to plead to something .
If there was any indication that this trial and prosecution was more about retaliation and the CIA saving face @ @ @ @ @ @ @ needed .
Justice delayed is justice denied is an often ignored legal maxim .
My persecution by the U.S. government extended for several years .
Despite being arrested in 2011 , my trial did not happen until four years later .
Though I was not in prison awaiting the intentionally slow legal process , I was left in a terrible limbo .
I clung to not only keeping my life together but also to the notions of justice , which I had grown up with and studied .
Assange has already spent close @ @ @ @ @ @ @ .
He ’ s endured a decade of arbitrary detention in the U.K , and if he is extradited , he will remain confined , putting his already fragile health in jeopardy .
When the time came for my trial , it was a fiasco .
There were days of testimony attesting to how well the CIA conducts operations in a clear move to counter the assertions made about the spy agency and its competence .
The government paraded witness after witness in front of the judge to testify that they had access @ @ @ @ @ @ @ had contact with any reporter or released classified information to anyone not authorized to receive it .
Yet , I was not able to challenge the witnesses or even the validity of the government ’ s case against me .
Barry Pollack , an attorney who represented me and is now part of Assange ’ s legal team , says Assange ’ s prospects are worse .
In my case , I had access to all the information presented in the case when I was at the CIA so the government had no @ @ @ @ @ @ @ no such access and will therefore be blind to the evidence that will be used against him .
Speaking of evidence , at no point during the trial did the government produce any proof of where or when I allegedly conveyed information about Operation Merlin to the reporter .
The only fact established by the government beyond a reasonable doubt was the color of my skin and that I didn ’ t look like any of the CIA witnesses shuffled onto the stand .
Proving that I was black was enough for the @ @ @ @ @ @ @ Espionage Act to find me guilty of offenses I did not commit .
I was sentenced to 42 months in prison .
As time has passed , I continue to try and pick up the shattered pieces of my life , the realization that I was fighting a battle impossible to win strikes me like a bolt of lightning .
Neither justice , law , nor the truth stood a chance in my trial , and that leads me to believe none of those hollow tenets of American jurisprudence will matter in Assange @ @ @ @ @ @ @ the protections under the U.S. Constitution that I supposedly had , and he is continually brandished as an enemy aligned against America .
In my view , having been where Assange could be headed , the U.S. has already found him guilty .
The only question is how long will the U.S. put him in prison .
I still find it hard to believe that I survived my time in prison , and I am rather certain Assange will not survive if sentenced to prison .
While I was in one of the @ @ @ @ @ @ @ has repeatedly described as accommodating and attentive , I suffered a cardiac-related medical episode at Federal Correctional Institution Englewood in Colorado that would have been treated urgently if I was not incarcerated .
Instead of providing basic medical care , the prison administration and medical staff were dismissive , blaming me for my condition and refused to provide care .
It was only through the effort of my wife , thousands of people who barraged the prison and warden with messages , and the eventual involvement of a U.S .
Senator that I @ @ @ @ @ @ @ efforts on my behalf had not taken place , I would not have survived .
The care available to Assange will be as abysmal if not worse than what I experienced .
Furthermore , at the onset of my prosecution , the government tried to force reporters to divulge their sources .
Whether there was any such thing as reporter/source protection was a gray area prior to my case .
The government had no clear intent to pursue those who received classified information .
No presidential administration had taken the direct step of @ @ @ @ @ @ @ .
But the question was once and for all decided by the EDVA in a government appeal during my case .
In keeping with its staunch defense of the U.S. government , the EDVA determined that there were no such protections for reporters or their sources when it came to criminal prosecutions , especially under the Espionage Act .
That victory for prosecutors under President Barack Obama ’ s administration set the terrible precedent that the U.S. government could not only use the Espionage Act to prosecute whistleblowers but also use the same @ @ @ @ @ @ @ and publish classified information .
We Share The Bravery To Stand Up To Abuses Of Power Despite the attestations by the Crown Prosecution Service and U.S. prosecutors that Assange ’ s case is similar to mine—and others who have been prosecuted and persecuted under the Espionage Act , these similarities are manufactured to support the case for extradition .
The case against Assange by the U.S. is new and previously uncharted territory .
The U.S. government has not previously prosecuted a reporter under these circumstances .
The only thing that I share with @ @ @ @ @ @ @ violated any U.S. law , including the Espionage Act , but we have both been victimized by a vengeful U.S. government .
We share the bravery to stand up against government wrongdoing and abuses of power .
I blew the whistle against discrimination at the CIA because it went against all the ideals and values I was taught to hold dear as an American .
I blew the whistle against a faulty and dangerous CIA program because doing so was in furtherance of the ideals and values that I believed and held dear @ @ @ @ @ @ @ war crimes , and diplomatic misconduct that represented a disregard for these same ideals and values .
In that sense , there are similarities between Assange and me .
But overall the assertions of similarity by the prosecution are false invective to support an extradition .
I also find it very troubling that major media outlets in my country have largely ignored the extradition proceedings .
I believe they are suffering from a false sense of security that based on their position and entrenchment with the powers that be they are somehow immune @ @ @ @ @ @ @ Perhaps the U.S. media feels it is different from Assange and under no such threat .
I remind them that notions of source/journalist protection were eliminated through my case .
The Assange case is a clear example of the government ’ s willingness to target journalists and media outlets throughout the world , which is why numerous press freedom organizations oppose the prosecution .
I sincerely hope other countries in the world are paying attention to the extradition proceedings in the U.K. What happens may unfold in any country in the world if @ @ @ @ @ @ @ the Espionage Act to quash dissent and punish those who have dared to take a stand against its contemptible and reckless conduct .
And if there is anything of meaning I can do for the rest of my life , it will be to shine the light of truth on how my country is wrongly using the Espionage Act out of a perverse sense of vengeance to silence and quash dissent .
*Kevin Gosztola edited and contributed a bit of reporting .

The prosecution against WikiLeaks founder Julian Assange has invoked my case, making it a haunting reminder of the travesty of justice that befell me.
I worked for the Central Intelligence Agency. In 2015, the United States government wrongfully tried, convicted, and sent me to prison for allegedly violating the U.S. Espionage Act. I am one of the few who has ever gone to trial to defend their selves against this ancient and misused law.
If I had succeeded in defending myself, it is possible Assange may not be facing the same impossible hell that ruined my life. As such, I feel a burden to challenge certain statements by the Crown Prosecution Service in Assange’s case.
Sentencing and prison conditions have been key issues during proceedings in the United Kingdom.
At the extradition trial in September, Crown prosecutor James Lewis noted I was sentenced to 42 months in prison, even though I took my case to trial. Lewis brought up the case to inappropriately argue that I was prosecuted fairly and Assange is unlikely to be sentenced to decades in prison.
I find the use of my name and the travesty of justice that was my trial to be an insult to both the sensibilities of justice and truth.
On top of that, one of the biggest lies is the prosecution’s assertion that I provided plans and documents to a reporter, which I did not do. In fact, this was not a part of the case against me—at all.
The truth of the matter is, the prosecutor in my case was absolutely livid that my sentence was only 42 months. The U.S. government wanted me to spend far more time in prison, much closer to the maximum 100-year sentence I faced.
Judge Leonie Brinkema in the Eastern District of Virginia (EDVA), the same district where Assange may face trial, did not hand down my sentence out of any innate benevolence., It was more a result of a begrudging realization of the injustice that resulted in my conviction.
There will be no offer of reasonableness for Assange from either the U.S. prosecutors or the judge. He will be handed the maximum sentence allowable.
And if anything, my case should serve as a warning that the U.S. government will use the Espionage Act and a biased court to extend its vengeance to reach voices of dissent not only in the U.S. but also anywhere in the world.
Effectively Blackballed After Going To Committees In Congress
While working at the CIA, I was a clandestine operations officer specializing in Iran. I speak Farsi and worked subjects related to Iranian politics, regional dynamics, and weapons of mass destruction. I was good at my job, but to the CIA, I had the wrong skin color. The answer to my question as to why I was not receiving the same opportunities as every other officer at the CIA was that I would stick out as a big black guy speaking Farsi.
In 2001, I became one of the only African American clandestine officers to ever sue the CIA for racial discrimination. President George W. Bush’s Justice Department argued my lawsuit would jeopardize state secrets, and the EDVA blocked my civil rights complaint. This was the first time the court treated me like a terrorist.
I also was part of Operation Merlin, which was an ostensible effort to hamper Iran’s development of a nuclear weapons program. The CIA assured me the operation was safe and plans we provided were flawed so they would undermine Iran. Yet, I became concerned that safety protocols were not what the agency had promised, and after the invasion of Iraq, I dreaded the operation could be used against U.S. soldiers.
Following whistleblower procedures, I took my concerns to both the Senate and House intelligence committees. Despite their assurances of confidentiality and initial responses to my concerns, neither committee saw fit to act on my disclosures. (For more background, I encourage you to read my book, Unwanted Spy: The Persecution of an American Whistleblower.)
The CIA eventually fired me, and I lost everything. I could not find a job despite my expertise in both Iran and terrorism, during a time when my government was desperate for such resources. No government agency or contractor would hire me, which meant I was effectively blackballed. (The American intelligence community has a long and vengeful memory.)
After years of struggle, I moved to a new state, had a new job, and found love. I believed the turmoil with the CIA was over for good.
Out of the blue, the FBI raided my home. I was under investigation for leaking information related to Operation Merlin to a reporter who put that information in a book. And to emphasize the heights retaliation can take, I was eventually arrested in January 2011 and charged with violating the Espionage Act.
The Shock Of Facing Prosecution Under the Espionage Act
Being tried under the Espionage Act was an experience that destroyed every reasonable notion I ever had about law, government, fairness, and justice in the United States. The initial shock was being branded a traitor by my government.
The arrest left me confused and angry. I never divulged classified information to anyone who was not authorized to receive it. But in a tragic sort of way, it all made sense. I was the only black face involved in Operation Merlin. I was the only individual to complain about the dangers of the operation, and I had the nerve to sue the CIA for discrimination.
I was a spy for my country, not against it. I did not speak to any reporter nor did I ever divulge any classified information to anyone not authorized to receive materials. All I did was stand up for the rights I was guaranteed under the U.S. Constitution and oppose a reckless CIA operation by going to the appropriate government intelligence committees.
Yet, I found myself jailed in the same cell block of the Alexandria jail that held infamous 9/11 conspirator Zacarias Moussaoui and accused of a crime I did not commit. It was clear that my government viewed and would treat me as a terrorist.
The next shock was facing trial in the same court, the EDVA, which had previously determined I had no rights as a citizen to challenge how my government discriminated against me.
How the EDVA viewed me was made clear early on when I argued for release from the Alexandria jail. Prosecutors maliciously claimed if I was released I was bound to undertake a murderous spree against CIA employees. During the proceeding to determine whether I was to be released, an old friend who lived in Virginia stood up to attest to my character.
There was no real justification to keep me in the Alexandria jail, yet Brinkema found another way to continue the persecution. With no real expressed authority to do so, Brinkema ordered my friend to give me a place to stay. If my friend did not acquiesce and post a $10,000 bond, I would remain in the Alexandria jail. My friend had no choice but to accept Brinkema’s unjust terms.
I was thankful to have such a wonderful friend, but that release from the Alexandria jail kept me separated from my family at a time trying to defend myself.
A federal judge is unlikely to show this sort of supposed benevolence to Assange. He will most likely be held in the same cell block that I was in at the Alexandria jail until and during a potential trial.
Assange Will Face A Potentially Severe Prison Sentence Like I Did
Should Assange be extradited and put on trial in the EDVA, he will face the same terminal decision I faced: whether to go to trial and risk an unending sentence or plead guilty to a crime created by and imposed on him by the U.S. government.
My trial began in January 2015, and everything I learned in law school about trials and criminal procedures seemed to mean nothing to the Department of Justice prosecutors as well as the EDVA.
The EDVA is a court notorious for siding with the government, and the jury pool consisted of individuals, who either had a U.S government security clearance or maintained a close connection with those who did. That set me up for a battle with the jury in addition to the prosecutors and the judge.
I can certainly understand why anyone facing such a situation under the Espionage Act would plead guilty to take the prospect of a long prison term off the table. U.S. prosecutors are known for making threats of extensive prison terms against defendants if they take their cases to trial.
Even though I faced 10 years for each of the 10 counts against me—roughly 100 years in prison if I were convicted—pleading guilty to crimes I did not commit was out of the question.
Interestingly, the prosecution never made any efforts to negotiate a sentence with me (not that it would have mattered), though they did indicate they wanted me to plead to something.
If there was any indication that this trial and prosecution was more about retaliation and the CIA saving face, that was all the proof I needed.
Worse Prospects For Justice
Justice delayed is justice denied is an often ignored legal maxim. My persecution by the U.S. government extended for several years.
Despite being arrested in 2011, my trial did not happen until four years later. Though I was not in prison awaiting the intentionally slow legal process, I was left in a terrible limbo. I clung to not only keeping my life together but also to the notions of justice, which I had grown up with and studied.
Assange has already spent close to two years in a U.K. prison. He’s endured a decade of arbitrary detention in the U.K, and if he is extradited, he will remain confined, putting his already fragile health in jeopardy.
When the time came for my trial, it was a fiasco. There were days of testimony attesting to how well the CIA conducts operations in a clear move to counter the assertions made about the spy agency and its competence.
The government paraded witness after witness in front of the judge to testify that they had access to Operation Merlin—only to claim they never had contact with any reporter or released classified information to anyone not authorized to receive it. Yet, I was not able to challenge the witnesses or even the validity of the government’s case against me.
Barry Pollack, an attorney who represented me and is now part of Assange’s legal team, says Assange’s prospects are worse. In my case, I had access to all the information presented in the case when I was at the CIA so the government had no justification to withhold anything. Assange had no such access and will therefore be blind to the evidence that will be used against him.
Speaking of evidence, at no point during the trial did the government produce any proof of where or when I allegedly conveyed information about Operation Merlin to the reporter. The only fact established by the government beyond a reasonable doubt was the color of my skin and that I didn’t look like any of the CIA witnesses shuffled onto the stand.
Proving that I was black was enough for the EDVA, the jury, and the Espionage Act to find me guilty of offenses I did not commit. I was sentenced to 42 months in prison.
Hard To Believe I Survived Prison
As time has passed, I continue to try and pick up the shattered pieces of my life, the realization that I was fighting a battle impossible to win strikes me like a bolt of lightning. Neither justice, law, nor the truth stood a chance in my trial, and that leads me to believe none of those hollow tenets of American jurisprudence will matter in Assange’s case
Assange has none of the protections under the U.S. Constitution that I supposedly had, and he is continually brandished as an enemy aligned against America.
In my view, having been where Assange could be headed, the U.S. has already found him guilty. The only question is how long will the U.S. put him in prison.
I still find it hard to believe that I survived my time in prison, and I am rather certain Assange will not survive if sentenced to prison.
While I was in one of the U.S. prisons that the Crown Prosecution Service has repeatedly described as accommodating and attentive, I suffered a cardiac-related medical episode at Federal Correctional Institution Englewood in Colorado that would have been treated urgently if I was not incarcerated.
Instead of providing basic medical care, the prison administration and medical staff were dismissive, blaming me for my condition and refused to provide care. It was only through the effort of my wife, thousands of people who barraged the prison and warden with messages, and the eventual involvement of a U.S. Senator that I received the necessary care.
If those efforts on my behalf had not taken place, I would not have survived. The care available to Assange will be as abysmal if not worse than what I experienced.
Furthermore, at the onset of my prosecution, the government tried to force reporters to divulge their sources.
Whether there was any such thing as reporter/source protection was a gray area prior to my case. The government had no clear intent to pursue those who received classified information. No presidential administration had taken the direct step of charging a reporter with receiving classified information. But the question was once and for all decided by the EDVA in a government appeal during my case.
In keeping with its staunch defense of the U.S. government, the EDVA determined that there were no such protections for reporters or their sources when it came to criminal prosecutions, especially under the Espionage Act.
That victory for prosecutors under President Barack Obama’s administration set the terrible precedent that the U.S. government could not only use the Espionage Act to prosecute whistleblowers but also use the same law to go after those who receive and publish classified information.
We Share The Bravery To Stand Up To Abuses Of Power
Despite the attestations by the Crown Prosecution Service and U.S. prosecutors that Assange’s case is similar to mine—and others who have been prosecuted and persecuted under the Espionage Act, these similarities are manufactured to support the case for extradition.
The case against Assange by the U.S. is new and previously uncharted territory. The U.S. government has not previously prosecuted a reporter under these circumstances.
The only thing that I share with Assange is that neither of us has violated any U.S. law, including the Espionage Act, but we have both been victimized by a vengeful U.S. government. We share the bravery to stand up against government wrongdoing and abuses of power.
I blew the whistle against discrimination at the CIA because it went against all the ideals and values I was taught to hold dear as an American. I blew the whistle against a faulty and dangerous CIA program because doing so was in furtherance of the ideals and values that I believed and held dear. Assange published details of torture, war crimes, and diplomatic misconduct that represented a disregard for these same ideals and values.
In that sense, there are similarities between Assange and me. But overall the assertions of similarity by the prosecution are false invective to support an extradition.
I also find it very troubling that major media outlets in my country have largely ignored the extradition proceedings. I believe they are suffering from a false sense of security that based on their position and entrenchment with the powers that be they are somehow immune from prosecution under the Espionage Act.
Perhaps the U.S. media feels it is different from Assange and under no such threat. I remind them that notions of source/journalist protection were eliminated through my case.
The Assange case is a clear example of the government’s willingness to target journalists and media outlets throughout the world, which is why numerous press freedom organizations oppose the prosecution.
I sincerely hope other countries in the world are paying attention to the extradition proceedings in the U.K. What happens may unfold in any country in the world if the U.S. is not prevented from using the Espionage Act to quash dissent and punish those who have dared to take a stand against its contemptible and reckless conduct.
And if there is anything of meaning I can do for the rest of my life, it will be to shine the light of truth on how my country is wrongly using the Espionage Act out of a perverse sense of vengeance to silence and quash dissent.
*Kevin Gosztola edited and contributed a bit of reporting.