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Dianne Feinstein, Strong Advocate of Leak Prosecutions, Demands Immunity For David Petraeus
The Intercept
By Glenn Greenwald @ggreenwald
01/12/2015

When WikiLeaks founder Julian Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.

The law Mr. Assange continues to violate is the Espionage Act of 1917. That law makes it a felony for an unauthorized person to possess or transmit “information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”

The Espionage Act also makes it a felony to fail to return such materials to the U.S. government. Importantly, the courts have held that “information relating to the national defense” applies to both classified and unclassified material. Each violation is punishable by up to 10 years in prison.

The Hill, June 10, 2013 (“Feinstein Calls Snowden’s NSA Leaks an “Act of Treason”):

Sen. Dianne Feinstein (D-Calif.) on Monday said the 29-year-old man who leaked information about two national security programs is guilty of treason. . . . “I don’t look at this as being a whistleblower. I think it’s an act of treason,” the chairwoman of the Senate Intelligence Committee told reporters.

The California lawmaker went on to say that Snowden had violated his oath to defend the Constitution. “He violated the oath, he violated the law. It’s treason.”

Ars Technica, November 3, 2013 (Feinstain says “Forget About Clemency for Snowden”):

If it wasn’t already clear that the US government was unhappy with National Security Agency leaker Edward Snowden—and the feds want him extradited, President Obama denounced him—it is now. Today, the chairwoman of the Senate Intelligence Committee, Dianne Feinstein (D-CA), and her House counterpart, Mike Rogers (R-MI), both emphasized there would be no mercy coming from Washington.

“He was trusted; he stripped our system; he had an opportunity—if what he was, was a whistle-blower—to pick up the phone and call the House Intelligence Committee, the Senate Intelligence Committee, and say I have some information,” Feinstein told CBS’ Face The Nation. “But that didn’t happen. He’s done this enormous disservice to our country, and I think the answer is no clemency.”

The New York Times, 3 days ago (“FBI and Justice Dept. Said to Seek Charges for Petraeus”):

The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.

The Huffington Post, yesterday (“Dianne Feinstein Urges Government Not To Seek David Petraeus Indictment”):

Sen. Dianne Feinstein (D-Calif.) urged the Department of Justice not to bring criminal charges against former CIA Director David Petraeus over his handling of classified information.

This man has suffered enough in my view,” Feinstein said on CNN’s “State of the Union” on Sunday, explaining why she doesn’t think Attorney General Eric Holder should seek an indictment.

Petraeus “made a mistake,” added the senator, who is vice chairwoman of the Senate Intelligence Committee. “But … it’s done, it’s over. He’s retired. He’s lost his job. How much does the government want?”

David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him.

In 2011, I wrote a book, With Liberty and Justice for Some, that examined the two-tiered justice system prevailing in the U.S.: how the U.S. imprisons more of its citizens than any other country in the world (both in absolute numbers and proportionally) often for trivial transgressions, while immunizing its political and economic elites for even the most egregious crimes. Matt Taibbi’s book, The Divide, examines the same dynamic with a focus on the protection of economic elites and legal repression of ordinary citizens in the wake of the 2008 financial crisis.

This latest example from Feinstein is one of the most vivid yet. She wanted Julian Assange – who isn’t even a U.S. citizen and never served in the U.S. Government – prosecuted for espionage for exposing war crimes, and demanded that Edward Snowden be charged with “treason” for exposing illegal eavesdropping which shocked the world. But a four-star general who leaked classified information not for any noble purpose but to his mistress for personal reasons should be protected from any legal consequences.

Long-standing mavens of DC political power literally believe that they and their class-comrades are too noble, important and elevated to be subjected to the rule of law to which they subject everyone else. They barely even disguise it any more. It’s the dynamic by which the Obama administration prosecuted leakers with unprecedented aggression who disclose information that embarrasses them politically while ignoring or even sanctioning the leaks of classified information which politically glorify them.

It is, of course, inconceivable that someone like Dianne Feinstein would urge the release of ordinary convicts from prison on the ground that their actions are “in the past” or that they have “suffered enough.” This generous mentality of mercy, forgiveness and understanding - like Obama’s decree that we Look Forward, Not Backward to justify immunity for American torturers - is reserved only for political officials, Generals, telecoms, banks and oligarchs who reside above and beyond the rule of law.

Photo by Mark Wilson/Getty Images

Email the author: glenn.greenwald@theintercept.com


 


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