Bravehearts

  Copyright © 2016 by Mark Hertsgaard

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  Library of Congress Cataloging-in-Publication Data is available on file.

  Cover design by Brian Peterson

  Print ISBN: 978-1-5107-0337-7

  Ebook ISBN: 978-1-5107-0342-1

  Printed in the United States of America

  Contents

  PART ONE: Snowden and His Teachers

  PART TWO: Inside the Nerve Center

  PART THREE: The Third Man

  EPILOGUE: The Future of the Tribe

  ENDNOTES

  PART ONE

  Snowden and His Teachers

  ________________

  By now, almost everyone knows what Edward Snowden did. He leaked some of the most secret documents in history, revealing that the United States government was spying around the clock on hundreds of millions of people around the world—collecting the phone calls and emails of virtually everyone on earth who uses a cell phone or the Internet—and then lying about it.

  Snowden’s revelations, published first in the Guardian newspaper in June 2013, unleashed a global media frenzy and provoked heated political debate. Outraged privacy and civil liberties advocates charged that the sweeping surveillance, which was conducted without court warrants, violated the Fourth Amendment to the US Constitution and resembled the totalitarian methods of Big Brother in George Orwell’s dystopian novel, 1984. Equally furious US government officials labeled Snowden a thief and a traitor whose illegal disclosures had grievously harmed the fight against terrorism and compromised Americans’ security.

  But there is more to Edward Snowden’s exploits than this. If you want to know why Snowden did what he did, the way he did it, you need to know the stories of two other men.

  One of them is Thomas Drake. Like Snowden, Drake worked for the National Security Agency, the vast US government enterprise that was conducting the disputed surveillance. Drake tried to blow the whistle years earlier on the very same practices Snowden later exposed. But unlike Snowden, Drake tried to do it through legal channels. Things did not go well.

  Drake held a much higher position in the NSA than Snowden did; as a member of the NSA’s “senior executive service,” he reported to the agency’s number three official. After blowing the whistle—first within the NSA, then to Congress and finally to the press—Drake was arrested at gunpoint, smeared in the news media, threatened with life in prison and ruined professionally and financially. “Hammered” and “crushed” were the words he used in interviews for this book to describe his ordeal. Adding insult to injury, his warnings about the dangers of the NSA’s surveillance program were largely ignored by the mainstream media and had very little impact on public awareness or government policy.

  But they had a profound impact on Snowden. It was not that Drake inspired Snowden to blow the whistle. Snowden seems to have made that decision on his own, driven by his conviction that Americans in particular had a right to know about the surveillance to which they were subjected and to decide for themselves whether the threats to their liberty and privacy were worth the additional security the surveillance purportedly delivered.

  But Snowden did learn vital lessons from Drake about how to turn his ideals into effective action. In particular, he learned how not to go about blowing the whistle—in essence, do not go through official channels. And afterwards, he repeatedly credited Drake for leading the way. “It’s fair to say that if there hadn’t been a Thomas Drake, there couldn’t have been an Edward Snowden,” Snowden told Al Jazeera in 2015.

  And then there is The Third Man. His revelations, never before reported, add a fascinating new chapter to the Snowden story, a chapter punctuated by episode after episode of alleged duplicity, bureaucratic backstabbing and violations of law.

  The Third Man was a senior Pentagon official whose extensive—and embattled—involvement in Drake’s case shaped Snowden’s later decision to commit so-called civil disobedience whistle-blowing (though neither Snowden nor Drake knew The Third Man at the time). While Snowden’s leaking of secret NSA documents made him world famous and Drake’s misadventures received a smattering of media coverage in the United States, The Third Man has remained in the shadows—until now. In this book, he identifies himself by name and speaks on the record for the first time.

  The Third Man has an extraordinary backstory: his grandfather faced down Hitler at gunpoint the first time the future Führer tried to take over Germany, during the 1923 Beer Hall Putsch. The lesson he inherited—“in life, one should always try to do the right thing, despite the risks”—led him, years later, to fight inside the system for fair treatment of Drake, Snowden, and other whistle-blowers. The allegedly illegal, corrupt, sometimes darkly comic behavior he witnessed in response eventually turned The Third Man into a whistle-blower himself.

  The Third Man’s testimony, if affirmed by judicial proceedings, could end up putting current and former Pentagon officials in jail. (As this book went to press, official investigations were quietly under way.) The testimony also utterly rebuked President Barack Obama’s and former Secretary of State Hillary Clinton’s shared position on Snowden, putting the lie to their continued claims that Snowden could have raised his concerns through established channels because US whistle-blowing law protected him. The Third Man’s testimony suggested instead that the “civil disobedience whistle-blowing” Snowden practiced was the only type that worked for the public interest, though at terrible cost to the whistle-blower.

  Tracing the evolution of these three men’s overlapping stories reveals much about how whistle-blowing, accountable government, democracy, and public-spirited journalism do and do not work in the United States today. What do we see when the curtain that usually conceals the inner workings of the US government is lifted? Read on and find out.

  “What They Fear Is Light”

  Like whistle-blowers before and since, Snowden and Drake were harshly criticized for their actions. The condemnations were fiercest from colleagues in the national security apparatus, who disparaged the two whistle-blowers as criminals, naifs, and egomaniacs. More than a few inside-the-Beltway journalists and pundits joined the chorus, asking how any government is supposed to function, much less ensure public safety in a dangerous world, if every federal official is free to substitute his own judgment of what’s right and wrong for that of his superiors. Calling Snowden a “political romantic … with the sweet, innocently conspiratorial worldview of a precocious teenager,” columnist Michael Kinsley wrote in the New York Times that decisions about whether to release government secrets “must ultimately be made by the government.”

  But granting the government sole authority over what secrets can be shared invites other dangers, countered Ben Wizner of the American Civil Liberties Union, one of Snowden’s US lawyers. “Imagine that since [the September 11 terrorist attacks] the public had had access only to what the executive branch wanted us to know,” Wizner told me. “We wouldn’t have
known that the case for war in Iraq was based on lies and misrepresentations. We wouldn’t have known about Abu Ghraib [the prison in Baghdad where US forces tortured detainees]. We wouldn’t have known that the US government ran an extraordinary rendition program and used torture against captured individuals. We wouldn’t have known that the Bush administration disregarded the [Foreign Intelligence Security Act] and instituted widespread surveillance on American citizens and millions of others around the world. All of this activity was classified at the very highest levels and the public only knows about it because there were brave whistle-blowers who could work with investigative journalists to bring that information to light. I don’t think anyone could say that American democracy isn’t better off with the public knowing that information.”

  During my thirty years as an independent journalist and author, I have recounted the stories of many whistle-blowers in both the public and the private sectors for such publications as Vanity Fair, Newsweek, the Nation, the Los Angeles Times, and international outlets like the BBC, Le Monde Diplomatique, and Die Zeit. My reporting leads me to argue that, whether you agree with them or not, whistle-blowers have played a larger role in public life than is commonly recognized, and they deserve our attention and understanding.

  And whistle-blowers’ role seems likely to grow in the years ahead. At a time when the checks and balances designed to keep American democracy on track have lapsed—when the executive branch no longer bothers to obtain a declaration of war from Congress before launching hostilities; when news outlets have been turned into profit centers that eliminate not only investigative journalism but even basic reporting on public affairs; when Congress seems unwilling to fund government agencies sufficiently to deter dangerous or fraudulent corporate behavior—whistle-blowers offer an essential corrective: they reveal what powerful individuals and institutions want kept secret. This does not give whistle-blowers a blank check to raise unwarranted concerns or carelessly smear reputations. It does mean that their ability to speak out without retaliation should be protected, and when they do speak out, the rest of us should pay attention.

  Before Snowden took the fateful step of removing ultra-secret documents from the NSA databases and handing them to independent journalists Glenn Greenwald and Laura Poitras, his biggest worry was that his truth-telling would make no difference. Passing classified information to unauthorized individuals was, he knew, blatantly illegal and invited harsh punishment. Ewen MacAskill, a reporter for the Guardian who joined Poitras and Greenwald in questioning Snowden in Hong Kong, asked the young NSA contract employee what he thought would happen to him. Snowden’s reply was as bleak as it was concise: “Nothing good.” Nevertheless, buoyed by his certitude that he was doing the right thing, Snowden was prepared to give up his highly paid job, separate himself from his family and girlfriend, and perhaps spend the rest of his life in prison.

  “I only have one fear in doing all of this,” Snowden wrote in his first online conversation with Greenwald: “that people will see these documents and shrug, that they’ll say, ‘we assumed this was happening and don’t care.’ The only thing I’m worried about is that I’ll do all this to my life for nothing.”

  Odd as that may sound in retrospect, it was a reasonable enough apprehension on Snowden’s part. The historical record shows that the vast majority of whistle-blowers don’t achieve even the collective shrug Snowden feared would greet his disclosures.

  Whistle-blowers put their careers, reputations, friendships, family ties, physical and mental health, and sometimes their very lives at risk by revealing information powerful interests want kept secret. Then, often, nothing much comes of it. The disclosures attract little or no media coverage and generate no real debate, much less reform, of the policies or behavior in dispute. Meanwhile, the whistle-blower’s life frequently ends up ruined. The script plays out much the same whether the whistle-blower works for a government, corporation, international organization, religious institution, or other established bureaucracy.

  “The only satisfaction whistle-blowers can count on is knowing that they did the right thing,” said Thomas Devine, the legal director at GAP, the Government Accountability Project, in Washington, DC, the world’s premier whistle-blower advocacy organization and another of Snowden’s US-based legal representatives.

  A stunning case in point involves the US government’s use of drones as assassination tools. In October 2015, The Intercept—the investigative news site founded by Greenwald, Poitras, and Jeremy Scahill—published a series of reports based on what it called “a cache of secret documents detailing the inner workings of the US military’s assassination program in Afghanistan, Yemen and Somalia.” The documents were provided by a whistle-blower “who is directly involved with the assassination program,” wrote Scahill, the lead journalist on the project. Drone strikes were a central element of the Obama administration’s military strategy; proponents said they offered a cheaper, less risky alternative to putting US troops in harm’s way, while critics charged that individuals were placed on “kill lists” and executed through secret deliberations, without indictments, trials, or other legal processes. The Intercept series “The Drone Papers” contained plenty of newsworthy revelations, including an allegation that many of those killed by drones were civilians (in Afghanistan at one point, an estimated 90 percent of those assassinated were civilians).

  Despite these fresh insights into a controversial government program, The Intercept series had limited impact, not least because the rest of the media did not treat it as a front-page story. “We received a deluge of coverage in non-mainstream outlets, and a lesser but still significant amount from establishment media,” Betsy Reed, The Intercept’s editor-in-chief, told me. “The biggest newsrooms, such as at the Times … noted the leak but did not devote stories to the documents themselves or to our reporting on them. I would hesitate to speculate on the reasons for that omission, but I do believe they would have served their readers well by covering this disclosure, which filled in crucial blanks in public understanding of the Obama administration’s signature national security initiative.”

  Snowden, however, proved to be a sensational exception to the general rule that whistle-blowers get nowhere. Within days, as first the Guardian and later the Washington Post published articles based on his disclosures, the 29-year-old former NSA contract employee became the most famous—or infamous, if you prefer—whistle-blower in history. His pale, bespectacled, goateed face peered from countless television and computer screens around the world as politicians, pundits, and ordinary people reacted to the news that the US government, beginning after the September 11 attacks, had been intercepting and storing the records of virtually every phone call, email, and website visit made anywhere on earth. Snowden’s stated mission—to provoke an informed public debate by revealing secret behavior—was spectacularly validated.

  “If you seek to help,” he wrote in an open letter accompanying the first documents he released, “join the open source community and fight to keep the spirit of the press alive and the Internet free. I have been to the darkest corners of government, and what they fear is light.”

  “It Was All Built On Lies”

  In terms of notoriety, the only close comparison to Snowden was Daniel Ellsberg, whose release of the Pentagon Papers in 1971 led some to dub him the “grandfather of whistle-blowers.” The Pentagon Papers—hundreds of pages of top-secret reports and memoranda that Ellsberg released through the New York Times and Washington Post—revealed that the US government was fighting the Vietnam War under blatantly false pretenses. Privately, US military and diplomatic officials up and down the chain of command had concluded years earlier that Vietnam was an unwinnable war. Publicly, however, the government issued one claim of impending victory after another, famously invoking “light at the end of the tunnel.” Meanwhile, tens of thousands of young men were being sent to fight—and perhaps to lose their lives, limbs, or sanity—in Vietnam while intensified US bombing leveled ye
t more Vietnamese villages, poisoned the surrounding soil and water, and killed or maimed countless civilians.

  The Vietnam War was the most contentious issue in America at the time, and Ellsberg’s revelation of the Big Lie underpinning it made him an overnight media sensation. Like Snowden forty-two years later, Ellsberg “outed” himself as the secret leaker in order to shield former colleagues from suspicion. Wearing a coat and tie but starting to grow his hair longer than during his years as a Marine Corps officer, the forty-year-old Ellsberg told a press conference that he was comfortable with the fact that he might spend the rest of his life behind bars. “Wouldn’t you go to prison to stop this war?” he asked. Again as with Snowden, government officials, television talking heads, and newspaper editorial pages soon were arguing about whether this self-appointed truth-teller was a hero or a traitor.

  Ellsberg’s celebrity blossomed further when he unwittingly helped give rise to the Watergate scandal that led to the impeachment and resignation of President Richard Nixon. It sounds like a US history trivia question: why were the burglars who got caught breaking into the Democratic National Committee offices in the Watergate hotel nicknamed “The Plumbers”? Answer: because their previous job for the Nixon White House was to break into Ellsberg’s psychiatrist’s office, hoping to find damning information about the guy who had leaked the Pentagon Papers. (Plumbers, leaked—get it?)

  It wasn’t only fame that Snowden and Ellsberg had in common; the two men’s trajectories as whistle-blowers para-lleled one another in more ways than not. Each, for example, started out a sincere believer in the official American ideology of his day: the Cold War competition with communism in Ellsberg’s case, the post-9/11 war against terrorism in Snowden’s. “In 2003, when everybody else was protesting [the US invasion of Iraq], I was signing up [for military service] because I could not believe that the government would be lying about weapons of mass destruction,” Snowden later recalled.