By Peter Sessum

Whistle-blower or narcissistic punk you decide. But the evidence doesn’t support him being a hero if you can see through the smokescreen.
With Bradley Manning’s trial being over and Edward Snowden still in the wind, whistle-blowers have been in the media a lot lately. There is this cultural perception that the government is always up to something sinister and anyone that reports on those activities should be protected. But not all that report on the government are heroes and some aren’t even whistle-blowers.
Whistle-blowers themselves used to be highly respected journalists and their sources were high ranking government officials. We want whistle-blowers to break the news on a Watergate or the Pentagon Paper. Now they are low ranking military, government contractors or people with an internet connection and they are not the same as their predecessors. We should hold whistle-blowers to objective standards if they should be afforded protections or not. I suggest using the following criteria:
1. Was the secret revealed relevant to the issue reported on?
2. Was the action in question legal?
3. Was reporting on it legal?
4. Was there an expectation that the person reporting would keep quiet?
5. Was there an expectation the person report it?
By examining these criteria we will see if the person is indeed a whistle-blower and if protections should be provided. It will require a level of objectivity and accountability and stay focused on the facts and not let personal feelings cloud the issue.
Abu Ghraib
Sergeant Joseph Darby was a U.S. Army Reservist MP deployed to Iraq and assigned to Abu Ghraib prison. He provided Criminal Investigation Command (CID) with two discs of photos of prisoner abuse to Special Agent Tyler Pieron that triggered the investigation that led to six soldiers receiving prison sentences.
He went unnoticed for months while the investigations went on. Later, Defense Secretary Donald Rumsfeld would say Darby’s name while testifying before congress. Darby would be removed from the deployment early and immediately be taken into protective custody when he landed back in the states due to the threat to his family.
Looking at the criteria, Darby is the best kind of whistle-blower. The information he gave was relevant to the case at hand. He gave evidence (pictures) of prisoner abuses (a war crime) to the proper authority. The actions (prisoner abuse) were illegal and reporting on them was legal. The soldiers committing the war crimes, like all soldier, have attended classes on the Law of Land Warfare and would have known their actions were illegal and should have expected that someone report it and according to the Uniform Code of Military Justice (UCMJ) and military values, reporting on war crimes is not only legal it is expected. To break it down Sesame Street is looks like this
1. Was the secret revealed relevant to the issue reported on? Yes.
2. Was the action in question legal? No.
3. Was reporting on it legal? Yes.
4. Was there an expectation that the person reporting would keep quiet? No.
5. Was there an expectation the person report it? Yes.
Darby did the right thing. There were military members committing war crimes and that needed to stop. He did not approach the media, he went to CID, the proper authority, and gave them the evidence. The media reaction and the shitstorm that followed was not directly because of his actions.Someone else leaked the photos. He reported that not all prisoners of Abu Ghraib were terrorists or insurgents, some were on two month prison sentences that got lost in the system. Also that there were 200 soldiers stationed there and only a few were committing abuses. He did the right thing yet he is being punished for it by having to live in a protection program when he should be celebrated.
NSA Leak
Edward Snowden was a government contractor with access to sensitive information. He had evidence of the government illegally spying on American citizens and come forward with the information.
There is a lot of debate on if what he did was right or wrong. On one side the question is raised if Americans should know if their rights are being violated but the other side is that there is no way to restrict the information only to law abiding Americans and the information of government spying would go to domestic and international terrorists. It is a complex argument but those are all subjective discussions, using the objective criteria above Snowden falls under the whistle-blower category.
Snowden only revealed information relevant to the NSA spying. While what the government was doing was illegal, so was reporting it. With the access to sensitive information not only is there an expectation that it be kept secret, but it becomes a legal matter as well. While the government would expect the secret to be kept, I think in the interest of government transparency and accountability and for our own freedoms there would be an expectation that illegal NSA spying be reported to some authority.
1. Was the secret revealed relevant to the issue reported on? Yes.
2. Was the action in question legal? No.
3. Was reporting on it legal? No.
4. Was there an expectation that the person reporting would keep quiet? Yes.
5. Was there an expectation the person report it? Yes/No.
While what the government was doing was illegal, that doesn’t make his reporting it legal. It might be considered “right” morally, but it was still illegal. And that is why he left the country. It helps his credibility that he gave up a lucrative job, nice house and a hot model girlfriend to release the truth. There is a perception that he is a traitor and a coward, but neither are really true. By the letter of the law he might be considered a traitor, but it doesn’t seem that he did it for personal gain and he wasn’t selling secrets to the enemy. He is not a coward for running, it is prudent. He knows that what he did was illegal and fully expects to be punished for it. I think it is understandable that he doesn’t want to go to jail. Even though he revealed illegal government activity, he still needs to be punished for it. There are far too many secrets that need to be kept to allow for people to be able to freely leak them and claim it was the right thing to do. Revealing documents and claiming it was morally right is a precedent that the nation can’t afford to set.
Wikileaks
After Private First Class (PFC) Bradley Manning was sentenced to 35 years in prison people were already cheering for him that he was a hero and that they would never stop fighting. His support comes from the fact that he claimed to oppose an unpopular war and that should not be a crime. Before he was even sized for his Leavenworth prison jumpsuit his lawyer was already taking about how Manning wanted to become a woman and that the government should facilitate his gender reassignment. Both of these points are excellent smoke screen for the fact that he broke the law and isn’t even a whistle-blower. He is just a kid with an attitude that wanted to get back at the world.
As for the fact that he is gay or transgender or whatever he is claiming this week, that should have zero bearing on the issue. Unfortunately, for the GLBT community, this is equality. If you want equality that means taking the bad with the good. If gays want to be able to legally marry, and it is stupid they can’t, then they should also not ask for a leniency based on sexually orientation. If Manning was straight, there would be no call for support for a straight man. Sorry, this is the downside of equality.
As for him being a whistle-blower, he isn’t one. Mainly because he does not fit the objective criteria. He fails the number one standard of if the information revealed was relevant to the issue he was reporting on. The answer is a big fat NO! Unlike Darby, who reported on violations of the Geneva Conventions, Manning released information on Iraq, Afghanistan and State Department diplomatic messages. Manning claimed that he did it to expose the U.S. military’s “bloodlust” and generate debate over the wars and U.S. policy. But if we examine that it will reveal he was playing on the feelings of the war to try his case in the court of public opinion.
The most important point is that there was already a debate about the war and U.S. policy before he released the documents. In fact, there was great debate about the war before he even joined. As a PFC he couldn’t have been in the Army for more than a year or so and that puts him enlisting around 2008. Even if it was 2006 it still would have been far past the time when the war was unpopular.
In office was a was a completely different president that had a key part of his election that he was going to get the military out of Iraq. The drawdown was going on when Manning released his information so if anything, it would prolong the process of the U.S. exit. Manning’s lawyer said that this was about the Iraq war because at the time the death penalty was a real possibility. If I was his lawyer I would have tried to manipulate public opinion to keep my client alive too.
Manning’s claim was too broad and not directly tied to the information revealed. The diplomatic messages were not all related to Iraq and Afghanistan. Some of them were just embarrassing to diplomats, but others forced the government to remove people from clandestine operations. We will never know what impact that had.
He is celebrated as a whistle-blower but he really didn’t reveal any information on a specific event. He is credited with revealing the information about an incident where an Apache helicopter killed multiple civilians including a Reuters reporter. This was an event that occurred prior to Manning even joining the military. It is true that there are some events that might have been damaging to the military, but that is what happens when 700,000 documents are released.
It is a law of averages thing. If 700,000 random Americans walked to the nearest body of water with a fishing pole and cast a single time, at least some of them would catch a fish. Many would be fishing in a neighbor’s pool, but at least a few are going to be near water with fish in it.
Manning was in the Intel field. An Intel Analyst should take raw information and after analyzing it turn into usable intelligence. There is no way Manning sifted through 700,000 documents in his time in Iraq. He just downloaded everything and sent it off. While in a heated discussion a friend said this makes him a “shitty whistle-blower” but I contend that it makes him a jackass that revealed information and not a whistle-blower at all.
By all reports, Manning was a substandard soldier. While that is not a measure of guilt, it speaks to his credibility. It appears he had a bad attitude about the military dating back to basic training. You can have a bad attitude in the military, at some point everyone has a problem with the military, but this is not an excuse to release the documents.
In fact, there was an expectation for him to keep the information secret. Also, it was against the law for him to revel it. The military has a full expectation that the Intel troopers will keep it secret. While Manning might have revealed information about incidents that needed investigation, it wasn’t about a specific illegal activity.
1. Was the secret revealed relevant to the issue reported on? No, it was just random information.
2. Was the action in question legal? It was the Global War on Terror, a lot is debatable.
3. Was reporting on it legal? No.
4. Was there an expectation that the person reporting would keep quiet? Yes.
5. Was there an expectation the person report it? No.
Manning released the information while he was in Iraq so he didn’t even have a good exit plan like Snowden did. Darby was a true whistle-blower that did the right thing. Snowden was a whistle-blower that reported on illegal government activity and it will be debated, and most likely decided by history, if he did the right thing. Manning, however, is just a jackhole that wanted to stick it to the Army. He isn’t even a whistle-blower. We need to stop celebrating everyone that says or does something that hurts the military or government and instead celebrate people that do the right thing. In other words, what we need are more Darby’s and fewer Mannings and the world will be a better place.














Where were you on 9/11? Story from Germany
By: Dave James
WARNING! These are the random brain-droppings of an old man and the veracity of my recollection is becoming suspect… I DO, however, tell a good story. So any inconsistency from actual occurrences, even in the face of video evidence, should still be taken as fact because I invoke the full, legally-binding,
aspect of “No shit… there I was…”This Tuesday did not seem unlike any other Tuesday. If it moved we saluted it… If it didn’t we painted it. It was a nice September afternoon and the platoon was already standing loosely in the people-box the Army likes to call ‘End of Day Formation’ even though the First Sergeant was nowhere to be seen yet. I owned a squad so I looked down the line of my guys to make sure they were all there and remembered to count myself before I asked who was missing… again (I had a habit of forgetting about me while taking care of them). In my mind, I was already going home, getting my wife and our two young’uns, and going out for dinner to a little place we knew that made a schnitzel the size of a manhole cover. Such was Army life in Germany. Then cell phones started to ring… a lot of them… almost all at once… it was a bit eerie.
Wives and girlfriends were all calling with the same story… plane hit the World Trade… oh hell! A second one! My wife is an awesome woman. She was completely calm as she related to me, over the phone, the goings on in NYC. She barely broke stride as she corrected our youngest, my son all of 6, that it was not 35 planes… they just keep showing the same thing over and over on the news and he should stop counting even though he was very good at it. I knew she was in a bit of shock, but she was not going to let it degrade her abilities in any way – she may fall apart later, but for now she needed to be a rock. She understood I may only get a minute to come home to grab my gear, so she would pile it all near the door. I love her…
After I hung up, I hollered at all my guys to ‘tell em you love em and turn off your phones before formation.’ I looked them all in the eye and reminded them that this moment, right here, might be why we have been training. I also told them that we may not be ‘off’ in the classic sense, for quite a while… tonight may turn out to be a very long… month.
The company was silent as our two leaders approached. The First Sergeant came out, called us to attention, turned around, and relinquished us to our Captain. He related what most of us had already heard, ordered us to get chow and grab our gear, and we would have another formation in three hours. Lastly, he called me out by name. I’ll never forget, “Oh, SSG James, you need to go to the Battalion Commander’s office right now.” I was the battalion’s Anti-Terrorism/Force Protection (AT/FP) NCO…
I got to the commander’s office on the double and heard the strangest words come out of his mouth after I knocked, entered, and began to report… He said, “SSG James, come here, have a seat.” One does not just come in and have a seat in a Lieutenant Colonel’s office! He had the ‘impact’ credit card, used for emergencies, in his hand and he wanted to know what we needed to protect our little kaserne. I pulled my program binder out of my ruck and we went over the plan I had written to see if parts needed to be adjusted for present conditions. This took about an hour as we hashed it out, then he began to call Company Commanders to give them instructions.
By the time I got to my apartment in our housing area, my poor wife had seen most of the other husbands come and go. She was very happy to see me. Everything I needed was right where I could get it. I remember telling her everything would be alright. I remember telling my kids the same thing, and to be good – I might have to ‘go to the field’ for a while. My boy was kind of oblivious… my daughter was 15 and seemed to be more aware that things were going to change in all new and painful ways. My wife hugged me and kissed me just as hard as I hugged and kissed her… then she pushed a shopping bag of wonderful-smelling food into my hands telling me there was some in there for my guys too, if they were good. Jokes! I DID mention that I love her, right?
I took over an entire motor pool and started to set up shop. I was informed that I would be getting an ‘Officer In Charge’, a Lieutenant… Normally an LT is as useful as a football-bat, so when they told me the first one on duty would be my LT from my platoon, I was a bit relieved – he was a pretty good kid and would end up helping quite a bit. The first order of business was organizing the gang I had been given. We needed to shore up the guard force on the gates, inspect vehicles entering the kaserne and set roving patrols. Full gear and loaded weapons were the order of the day – I could not emphasize enough how serious things had just become. Because of some flight-school-rejects, we now had ‘Rules of Engagement’ if we saw anyone attempting ‘non-standard base-entry procedures’. The expressions on my troop’s faces said it all.
We set three shifts. Two hours on the gates/roving the perimeter, two hours down-time (the motor bays were now covered in cots), and two hours training. I sent the group that I thought had a clue down to the gates first, and immediately began intense training for the rest of them, both shifts together. We covered the positions that needed to be manned on a gate, how to search a vehicle, and how to spot surveillance outside the wire scoping out new gate operations. My LT scrounged mirrors for looking under vehicles, got us a computer dedicated to ‘guard stuff’ in the office, a TV for the bay, and volunteered to make all the meetings that might need attending to tell the higher ups that we were secure. I said he was a pretty good kid, didn’t I?
We did not allow ourselves to dwell on ‘what does this mean for our country?’, ‘will the world stand with us?’, or ‘how did this happen?’ We had a job – we focused on ‘what is in that vehicle?’, ‘who did this to us?’, and ‘when are we going to go whoop some ass?’ I had troops from NYC and I made sure we got through to their families as soon as we could to find out if they were all ok. I had one Muslim… I didn’t give a shit about his beliefs – he was mine. My whole squad was like-minded. My instructions were clear, if anybody fucked with him – they would answer to us. I might not be able to prevent him from getting jumped downtown, but if anybody gave him grief on-post – I was not above ‘wall-to-wall’ counseling.
There were only two incidents I remember now, over a decade later. One involved our Command Sergeant Major…
I was checking the posts on the morning of Wednesday, the 12th, and my boys were tired, but vigilant. There were two guys at the gate proper, a ‘traffic cop’ (the guy with the flashlight directing vehicles to either search or pass), two teams searching vehicles in designated areas, and two guys with loaded rifles… do you see it coming yet? The ‘traffic cop’ was trying to be as random as possible so no one could try to slip through working out a pattern. All of a sudden, he directed a car to the search and the driver waved and continued to drive through. The car was a ‘hooptie’ and the traffic cop did not recognize the driver right away. He yelled “Hey!” and turned waving his flashlight. I was standing between the two riflemen, observing the operation. I spotted that it was our CSM, driving his wife’s car, not his Jaguar. The two men leveled rifles at the ‘terrorist’ that just blew-off their buddy and was trying to ‘run the gate’. I saved his life by grabbing muzzles and pushing them skyward as I stared into his eyes, now the size of coffee saucers, and he continued on his way. Then I got on the radio… I informed our OIC, my LT, that the Sergeant Major just ran the gate. He just acknowledged me – nothing more. What I did not know was that my LT and the Battalion Commander were standing next to each other out front of the battalion when I called. The MP’s had followed the CSM to his parking spot to have a word, and the LT & BC were watching the whole thing. My relationship with the CSM changed after that day…
We ‘improved our fighting position’ eventually taking over an abandoned barracks and working out a sustainable rotation that wouldn’t burn out the troops. The grind started to show. They tried to gloss over the training – I wouldn’t let them. Procedural mistakes on the gates were dealt with quickly by the sergeant. Trying to keep the guys from complacency was difficult when faced with the mind-numbing repetition of ‘wave the flashlight / search the car / hold the weapon at low-ready.’
One calm evening a month or so after the attack, a nondescript vehicle came onto post and pulled into the search area. The driver got out as instructed. Hood and trunk were opened for inspection. My teams had investigated every vehicle entering the base at least ten times by now and no bombs, no terrorists, not even an argumentative driver. Suddenly the trunk inspector yelled, “GUN!” and ‘feces hit the rotary oscillator!’
“Hande hoch!” “Get your hands up!” “Heruntersteigen! Runter auf den Boden!” “Get down! Get on the ground!”
Weapons came up. No one crossed in front of a rifleman. The search of the suspect was methodical and thorough. Then the sergeant in charge came over and looked in the trunk… These fine warriors had uncovered an ‘arms cache’ of four weapons that were known the world over by their street name… “Daisy BB Guns.” The capture of the ‘international arms-dealer’ known as “The Boy Scout Troop-Leader” would, no doubt, make the headlines – who knew he had been hiding in plain sight as a lowly post chaplain…
After things calmed down we laughed and laughed – so did the chaplain. I did get them all unit coins – their response was tactical and measured. They did just as they were trained. I served for 22yrs and I have dozens of examples that PROVE this axiom – your soldiers will react just as they are trained… and every day, every word you speak, every action you commit – you are training them, sergeant. Never forget that.