Joining the Whistleblowers’ Club

Joining the Whistleblowers’ Club

What we lost in Iraq and Washington between 2009 and 2012.

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This article originally appeared at TomDispatch.com. To stay on top of important articles like these, sign up to receive the latest updates from TomDispatch.com. To listen to Timothy MacBain’s latest Tomcast audio interview in which Van Buren discusses the present plight of the whistleblower, click here, or download it to your iPod here.

People ask the question in various ways, sometimes hesitantly, often via a long digression, but my answer is always the same: no regrets.

In some twenty-four years of government service, I experienced my share of dissonance when it came to what was said in public and what the government did behind the public’s back. In most cases, the gap was filled with scared little men and women, and what was left unsaid just hid the mistakes and flaws of those anonymous functionaries.

What I saw while serving the State Department at a forward operating base in Iraq was, however, different. There, the space between what we were doing (the eye-watering waste and mismanagement) and what we were saying (the endless claims of success and progress), was filled with numb soldiers and devastated Iraqis, not scaredy-cat bureaucrats.

That was too much for even a well-seasoned cubicle warrior like me to ignore and so I wrote a book about it, We Meant Well: How I Helped Lose the War for the Hearts and Minds of the Iraqi People. I was on the spot to see it all happen, leading two Provincial Reconstruction Teams (PRTs) in rural Iraq while taking part up close and personal in what the US government was doing to, not for, Iraqis. Originally, I imagined that my book’s subtitle would be “Lessons for Afghanistan,” since I was hoping the same mistakes would not be endlessly repeated there. Sometimes being right doesn’t solve a damn thing.

By the time I arrived in Iraq in 2009, I hardly expected to be welcomed as a liberator or greeted—as the officials who launched the invasion of that country expected back in 2003—with a parade and flowers. But I never imagined Iraq for quite the American disaster it was either. Nor did I expect to be welcomed back by my employer, the State Department, as a hero in return for my book of loony stories and poignant moments that summed up how the United States wasted more than $44 billion in the reconstruction/deconstruction of Iraq. But I never imagined that State would retaliate against me.

In return for my book, a truthful account of my year in Iraq, my security clearance was taken away, I was sent home to sit on my hands for months, then temporarily allowed to return only as a disenfranchised teleworker and, as I write this, am drifting through the final steps toward termination.

What We Left Behind in Iraq

Sadly enough, in the almost two years since I left Iraq, little has happened that challenges my belief that we failed in the reconstruction and, through that failure, lost the war.

The Iraq of today is an extension of the Iraq I saw and described. The recent Arab League summit in Baghdad, hailed by some as a watershed event, was little more than a stage-managed wrinkle in that timeline, a lot like all those purple-fingered elections the United States sponsored in Iraq throughout the Occupation. If you deploy enough police and soldiers—for the summit, Baghdad was shut down for a week, the cell phone network turned off, and a “public holiday” proclaimed to keep the streets free of humanity—you can temporarily tame any place, at least within camera view. More than $500 million was spent, in part planting flowers along the route dignitaries took in and out of the heavily fortified International Zone at the heart of the capital (known in my day as the Green Zone). Somebody in Iraq must have googled “Potemkin Village.”

Beyond the temporary showmanship, the Iraq we created via our war is a mean place, unsafe and unstable. Of course, life goes on there (with the usual lack of electricity and potable water), but as the news shows, to an angry symphony of suicide bombers and targeted killings. While the American public may have changed the channel to more exciting shows in Libya, now Syria, or maybe just to American Idol, the Iraqi people are trapped in amber, replaying the scenes I saw in 2009-2010, living reminders of all the good we failed to do.

Ties between Iraq and Iran continue to strengthen, however, with Baghdad serving as a money-laundering stopover for a Tehran facing tightening US and European sanctions, even as it sells electricity to Iraq. (That failed reconstruction program again!) Indeed, with Iran now able to meddle in Iraq in ways it couldn’t have when Saddam Hussein was in power, that country will be more capable of contesting US hegemony in the region.

Given what we left behind in Iraq, it remains beyond anyone, even the nasty men who started the war in 2003, to claim victory or accomplishment or achievement there, and except for the odd pundit seeking to rile his audience, none do.

What We Left Behind at Home

The other story that played out over the months since I returned from Iraq is my own. Though the State Department officially cleared We Meant Well for publication in October 2010, it began an investigation of me a month before the book hit store shelves. That investigation was completed way back in December 2011, though State took no action at that time to terminate me.

I filed a complaint as a whistleblower with the Office of the Special Counsel (OSC) in January 2012. It was only after that complaint—alleging retaliation—was filed, and just days before the OSC was to deliver its document discovery request to State, that my long-time employer finally moved to fire me. Timing is everything in love, war and bureaucracy.

The charges it leveled are ridiculous (including “lack of candor,” as if perhaps too much candor was not the root problem here). State was evidently using my case to show off its authority over its employees by creating a parody of justice, and then enforcing it to demonstrate that, well, when it comes to stomping on dissent, anything goes.

My case also illustrates the crude use of “national security” as a tool within government to silence dissent. State’s Diplomatic Security office, its internal Stasi, monitored my home email and web usage for months, used computer forensics to spelunk for something naughty in my online world, placed me on a Secret Service Threat Watch list, examined my finances and used hacker tools to vacuum up my droppings around the web—all, by the way, at an unknown cost to the taxpayers. Diplomatic Security even sent an agent around to interview my neighbors, fishing for something to use against me in a full-spectrum deep dive into my life, using the new tools and power available to government not to stop terrorists, but to stop me.

As our government accumulates ever more of what it thinks the American people have no right to know about, there will only be increasing persecutions as prosecutions. Many of the illegal things President Richard Nixon did to the famous Pentagon Papers whistleblower Daniel Ellsberg are now both legal (under the Patriot Act) and far easier to accomplish with new technologies. There is no need, for instance, to break into my psychiatrist’s office looking for dirt, as happened to Ellsberg; after all, the National Security Agency can break into my doctor’s electronic records as easily as you can read this page.

With its aggressive and sadly careless use of the draconian Espionage Act to imprison whistleblowers, the Obama administration has, in many cases, moved beyond harassment and intimidation into actually wielding the beautiful tools of justice in a perverse way to silence dissent. More benign in practice, in theory this is little different than the Soviets executing dissidents as spies after show trials or the Chinese using their courts to legally confine thinkers they disapprove of in mental institutions. They are all just following regulations. Turn the volume up from six to ten and you’ve jumped from vengeance to totalitarianism. We’re becoming East Germany.

What I Left Behind

There has been a personal price to pay for my free speech. In my old office, after my book was published in September 2011, some snarky coworkers set up a pool to guess when I would be fired—before or after that November. I put $20 down on the long end. After all, if I couldn’t be optimistic about keeping my job, who could?

One day in October, security hustled me out of that office, and though I wasn’t fired by that November and so won the bet, I was never able to collect. Most of those in the betting pool now shun me, fearful for their own fragile careers at State.

I’ve ended up talking, usually at night, with a few of the soldiers I worked with in Iraq. Some are at the end of a long Skype connection in Afghanistan, others have left the military or are stationed stateside. Most of them share my anger and bitterness, generally feeling used and unwanted now that they need a job rather than rote praise and the promise of a parade.

We Meant Well is, I think, pretty funny in parts. I recall writing it as an almost out-of-body experience as I tried to approach the sadness and absurdity of what was happening in Iraq with a sense of irony and black humor. That’s long gone, and if I were to write the story today, the saddest thing is that it would undoubtedly come out angry and bitter, too.

A Member of a Club That Would Have Me

Having left behind friends I turned out not to have, a career that dissolved beneath me, and a sense of humor I’d like to rediscover, I find myself a member of a new club I don’t even remember applying for: The Whistleblowers. I’ve now met with several of the whistleblowers I’ve written about with admiration: Tom DrakeMo DavisJohn Kiriakou and Robert MacLean, among others.

As ex- or soon-to-be-ex-government employees all, when we meet, we make small talk about retirement, annuities, and the like. No one speaks of revolution or anarchy, the image of us the government often surreptitiously pushes to the media. After all, until we blew those whistles, we were all in our own ways believers in the American system. That, in fact, is why we did what we did.

My new club-mates represent hundreds of years of service—a couple of them had had long military careers before joining the civilian side of government—and we cover a remarkably broad swath of the American political spectrum. What we really have in common is that, in the course of just doing our jobs, we stumbled into colossal government wrongdoing (systematized torture, warrantless wiretapping, fraud, and waste), stood up for what is right in the American spirit, and found ourselves paying surprising personal prices for acts that seemed obvious and necessary. We are guilty of naiveté, not treason.

Each of us initially thought that the agencies we worked for would be concerned about what we had stumbled upon or uncovered and would want to work with us to resolve it. If most of us are now disillusioned, we weren’t at the outset. Only by the force of events did we become transformed into opponents of an out-of-control government with no tolerance for those who would expose the truth necessary to create Thomas Jefferson’s informed citizenry. In meeting my club-mates, I learned that whistleblowers are not born, but created by a government with much to hide and an unquenchable need to hide it.

One of those whistleblowers, Jesselyn Radack, wrote a book about her experiences called Traitor: The Whistleblower and the American Taliban. At the dawn of the War on Terror, Radack, an attorney at the Department of Justice (DOJ), wrote a memo stating that John Walker Lindh, the “American Taliban” captured in Afghanistan, had rights and could not be interrogated without the benefit of counsel.

The FBI went ahead and questioned him anyway, and then DOJ tried to disappear Radack’s emails documenting this Constitutional violation. Ignoring her advice, the government tossed away the rights of one of its own citizens. Radack herself was subsequently forced out the DOJ, harassed, and had to fight simply to keep her law license.

As proof that God does indeed enjoy irony, Radack today helps represent most of the current crop of government whistleblowers (including me) in their struggles against the government she once served. Radack and I are now working with Academy Award-nominated filmmaker James Spione on a documentary about whistleblowers.

What Will Be Left Behind

So what’s left for me in my final days as a grounded State Department worker assigned to timeout in my own home? Given my situation, there is, of course, no desk to clean out; there are no knickknacks collected abroad over my twenty-four years to package up. All that’s left is one last test to see if the system, especially the First Amendment guaranteeing us the right to free speech, still has a heartbeat in 2012.

Though I could be terminated by State within a few weeks, I am otherwise only months away from a semi-voluntary retirement. Since I’m obviously out the door anyway, State’s decision to employ its internal security tools and expensive, taxpayer-paid legal maneuvers at this late date can’t really be about shortening my tenure by a meager four months. Instead, it’s clearly about mounting my head on a pike inside the lobby of State’s Foggy Bottom headquarters as a warning to its other employees not to dissent, or mention wrongdoing they might stumble across. Better, so the message goes, to sip the Kool Aid and keep one’s head down, while praising the courage of Chinese dissidents and Egyptian bloggers. The State Department is all about wanting its words, not its actions, to speak loudest.

Running parallel to the State Department termination process is an investigation by the Office of the Special Counsel into my claim of retaliation, which State is seeking to circumvent by tossing me out the door ahead of its conclusion. State wants to use my fate to send a message to its already cowed staff. However, if the Special Counsel concludes that the State Department did retaliate against me, then the message delivered will be quite a different one. It just might indicate that the First Amendment still does reach ever so slightly into the halls of government, and maybe the next responsible Foreign Service Officer will carry that forward a bit further, which would be good for our democracy.

One way or another, sometime soon the door will smack me in the backside on my way out. But whether the echo left behind inside the State Department will be one of justice or bureaucratic revenge remains undecided. My book is written and my career is over either way. However, what is left behind matters not just for me, but for all of us.

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