Naked Capitalism Link of the Day

Today's link: The Secret Sharer, at the New Yorker.  The article describes the case brought under the Espionage Act of 1917 against Thomas Drake, an NSA employee who became a whistleblower against the agency's surveillance of U.S. citizens:

Few people have a precise knowledge of the size or scope of the N.S.A.’s domestic-surveillance powers. An agency spokesman declined to comment on how the agency “performs its mission,” but said that its activities are constitutional and subject to “comprehensive and rigorous” oversight. But Susan Landau, a former engineer at Sun Microsystems, and the author of a new book, “Surveillance or Security?,” notes that, in 2003, the government placed equipment capable of copying electronic communications at locations across America. These installations were made, she says, at “switching offices” that not only connect foreign and domestic communications but also handle purely domestic traffic. As a result, she surmises, the U.S. now has the capability to monitor domestic traffic on a huge scale. “Why was it done this way?” she asks. “One can come up with all sorts of nefarious reasons, but one doesn’t want to think that way about our government.”

Binney, for his part, believes that the agency now stores copies of all e-mails transmitted in America, in case the government wants to retrieve the details later. In the past few years, the N.S.A. has built enormous electronic-storage facilities in Texas and Utah. Binney says that an N.S.A. e-mail database can be searched with “dictionary selection,” in the manner of Google. After 9/11, he says, “General Hayden reassured everyone that the N.S.A. didn’t put out dragnets, and that was true. It had no need—it was getting every fish in the sea.”
Binney considers himself a conservative, and, as an opponent of big government, he worries that the N.S.A.’s data-mining program is so extensive that it could help “create an Orwellian state.” Whereas wiretap surveillance requires trained human operators, data mining is automated, meaning that the entire country can be watched. Conceivably, U.S. officials could “monitor the Tea Party, or reporters, whatever group or organization you want to target,” he says. “It’s exactly what the Founding Fathers never wanted.”
On October 31, 2001, soon after Binney concluded that the N.S.A. was headed in an unethical direction, he retired. He had served for thirty-six years. His wife worked there, too. Wiebe, the analyst, and Ed Loomis, a computer scientist at SARC, also left. Binney said of his decision, “I couldn’t be an accessory to subverting the Constitution.”

The article stresses how badly the Bush administration violated the Constitution, then desperately tried to track down the whistleblowers who leaked their criminal activity.  It further indemnifies Obama for hypocritically prosecuting Drake, after claiming to oppose the NSA eavesdropping and claiming to support the rights of whistleblowers.  The executive branch has claimed way too much authority, and abuses of that power comes from whoever is in the White House.  The whole article is well worth reading, it is absolutely chilling.  Michael Hayden comes off especially poorly, as a corrupt hack who was too busy trying to get private contractors rich to figure out how to do things lawfully, or well.

Bush-era War Criminals Continue Claiming Torture Located Bin Laden

Barry Ritholtz takes the offensive against the torture works meme.  He highlights Dan Froomkin making the case that torture slowed down the investigation:

Indeed, as Dan Froomkin notes in a little-noticed essay, torture actually delayed by years more effective intelligence-gathering methods which would have resulted in finding Bin Laden:

Defenders of the Bush administration’s interrogation policies have claimed vindication from reports that bin Laden was tracked down in small part due to information received from brutalized detainees some six to eight years ago.
But that sequence of events — even if true — doesn’t demonstrate the effectiveness of torture, these experts say. Rather, it indicates bin Laden could have been caught much earlier had those detainees been interrogated properly.
“I think that without a doubt, torture and enhanced interrogation techniques slowed down the hunt for bin Laden,” said an Air Force interrogator who goes by the pseudonym Matthew Alexander and located Abu Musab al-Zarqawi, the leader of al Qaeda in Iraq, in 2006.
It now appears likely that several detainees had information about a key al Qaeda courier — information that might have led authorities directly to bin Laden years ago. But subjected to physical and psychological brutality, “they gave us the bare minimum amount of information they could get away with to get the pain to stop, or to mislead us,” Alexander told The Huffington Post.
“We know that they didn’t give us everything, because they didn’t provide the real name, or the location, or somebody else who would know that information,” he said.
In a 2006 study by the National Defense Intelligence College, trained interrogators found that traditional, rapport-based interviewing approaches are extremely effective with even the most hardened detainees, whereas coercion consistently builds resistance and resentment.

I would think that an examination of human nature would tell you that would be the case.  When your enemies resort to torture, they are proving your belief in their inherent evil.  It becomes heroic in your mind to resist them as much as possible.  Because you are suffering physical pain, you have to tell them things, so you make stuff up.  They can't know what is true and what isn't, so they have to try to confirm these stories, leaving you with time to embellish more, and come up with reasons for why they couldn't confirm what you'd told them. 

Whereas, treating the detainees with respect, trying to build trust, undermines the detainee's belief in his enemy's inherent evil.  It is likely that long exposure to the "enemy" will humanize him and convince the detainee that he and the interrogator aren't as far apart as previously believed.

The fallacy of the "ticking time-bomb" scenario which torture proponents use to soften opposition to torture is that if a detainee has information of an "imminent" attack, you need to know the anticipated timing of the attack, which you likely don't, and the detainee must be forced to give up the information quickly.  He actually knows how long he must resist torture to allow the attack to go off, and he knows the factual information about the attack, which you don't.  He can send your manpower off on wild-goose chases in a situation in which time is of the essence.  In other words, the situation in which torture advocates try to prove the necessity of torture is actually the least-likely time in which torture would ever work.  The person being tortured holds all the cards, and in his mind is engaged in a noble struggle against evil opponents.  The torturer is making it less likely that he will get his information.  So far, I have not seen any evidence that utilizing tactics used by tyrants throughout history to get forced confessions from political opponents has ever produced usable intelligence anywhere outside of the obviously fantasy world of 24, where one man is able to stop years of planning in a single day.  Dick Cheney and his henchmen should be tried for their crimes.

Update:  Andrew Sullivan discusses Cheney's campaign:

So in order to defend torture, Cheney has to say that it's a success when the tortured tell lies. Heads he wins, tails we lose. Moreover, in the last two years or so, torture has been forbidden - although its legacy remains with war criminals protected by the US government, in violation of Geneva - and it was after those two years of a return to decency that bin Laden was found and killed. As for the Bush administration's over-arching goal - democratization of the Middle East - it was only under Obama that we got the Green Revolution in Iran, the successful revolutions in Egypt and Tunisia, and the power-struggles now happening in Syria and Libya. When these Bush administration fanatics are presented with clear evidence that Obama has been far more successful against terror and its causes than they ever were, they return to their precious, their torture program, and claim ludicrously that, without it, bin Laden would not have been captured. Rumsfeld joined in the chorus of mass distraction this weekend on the same basis. All this really tells you is that these people realize that if their torture regime is definitively found to have been counter-productive in their lifetimes, if bin Laden was caught two years after the torture program was ended and with no evidence it helped, then their barbaric policy will be exposed once again as unnecessary, un-American, unproductive, and a violation of core human values.
Cheney calls investigations into war crimes that went beyond the authorized torture techniques "an outrage." Well, he would, wouldn't he? He knows where the war crimes trail ends up - in his office. And he knows where he should be if we were governed by the rule of law: in jail. The real outrage is that he is still walking free - and doing all he can to entrench torture in the American way of war.

I've got to agree.  Cheney is the worst of the worst, and a giant coward.

The Republican Torture Meme

All the folks claiming that torture helped us locate Bin Laden have gotten Andrew Sullivan's blood up:

Not only do these war criminals and shoddy lawyers refuse to take accountability for their crimes, they tell clear untruths about how the capture of bin Laden was achieved and distort history.
So let us be very clear. The war criminal Dick Cheney presided over the worst lapse in national security since Pearl Harbor, resulting in the deaths of more than 3,000 people. This rank incompetent failed to get bin Laden at Tora Bora, and then dragged the US on false pretenses into a war in Iraq, empowering Iran's dictatorship, and killing another 5,000 more Americans on a wild goose chase. He presided over the deaths of more than 8,000 Americans, and tens of thousands of Iraqis during his criminally incompetent years in office.
On the other hand, the man who abolished torture as soon as he took office, Barack Obama, captured and killed Osama bin Laden, and captured a massive trove of intelligence, more than two years later. No Americans died in the operation.

Exactly, but it must be emphasized, KSM was waterboarded 183 times, and didn't give up the information about the couriers.  He finally gave that information up several months after the Bush administration quit using the waterboard.  Torture doesn't work, and even if it did, it is evil and immoral.  People who use torture are sadists, cowards or both.  The Bush administration was both.  Dick Cheney is the biggest coward and sadist.