The Espionage Act of 1917, initially employed to imprison socialist war critics and movie makers and poets during World War I, is now being used as a tool in the Obama Administration’s unprecedented assault on whistle blowers who seek to expose government crime and waste.
This crackdown on whistle blowers is in characteristic contrast to Obama’s campaign rhetoric about becoming “the most transparent administration in history”.
While Candidate Obama promised to protect whistle blowers and even praised their “acts of courage and patriotism, which can sometimes save lives and save taxpayer dollars”, the President Obama, according to Jane Mayer’s report in the New Yorker, seeks to convict them under the Espionage Act as ‘Enemies of the State’:
When President Barack Obama took office, in 2009, he championed the cause of government transparency, and spoke admiringly of whistle-blowers, whom he described as “often the best source of information about waste, fraud, and abuse in government.” But the Obama Administration has pursued leak prosecutions with a surprising relentlessness. Including the Drake case, it has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks—more such prosecutions than have occurred in all previous Administrations combined. The Drake case is one of two that Obama’s Justice Department has carried over from the Bush years.
Mark Klein, the former A.T. & T. employee who exposed the telecom-company wiretaps, is also dismayed by the Drake case. “I think it’s outrageous,” he says. “The Bush people have been let off. The telecom companies got immunity. The only people Obama has prosecuted are the whistle-blowers.”
Glenn Greenwald adds:
And that’s to say nothing of the full-scale immunity also given thus far to Goldman Sachs, Bank of America, Merrill, and the mortgage fraudsters who have essentially stolen people’s homes.
Juan Cole points out that the nature of NSA crimes being exposed by whistle blowers such as Drake gives the perpetrators powerful leverage over those from whom they might, in a functioning democracy, face accountability:
The thing that worries me most is that the government officials who break the law by engaging in illegal surveillance are the ones best able to blackmail judges and politicians and journalists. Part of the story of the gradual destruction of the Bill of Rights, i.e. the Constitution, probably lies hidden in those corrupt shadows.






