The Misguided Persecution of Thomas A. Drake: A Whistleblower's Journey
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Thomas A. Drake a Decorated United States Veteran
Thomas A. Drake, a decorated United States Air Force and United States Navy veteran, and former senior executive at the National Security Agency (NSA), stands as a powerful symbol of the challenges faced by whistleblowers in the United States. His story, marked by significant personal and professional sacrifices, highlights the complexities and injustices within the U.S. government's treatment of those who dare to expose wrongdoing. This article delves into Drake's biography, his whistleblowing on the NSA's Trailblazer Project, the government's response, and the broader implications of his case on whistleblower protections, with a particular focus on the Obama administration's role in his persecution.
Biography
Thomas Andrews Drake was born on April 22, 1957, in Louisiana. With a background rich in military service and intelligence, Drake's career began in the U.S. Air Force in 1979 as an Airborne Voice Processing Specialist, with a proficiency in German, engaging in ELINT (electronic intelligence) missions. His experiences in East Germany shaped his perspective on state surveillance. Drake transitioned to the U.S. Navy, analyzing intelligence for the National Military Joint Intelligence Center, and later worked with the CIA. His civilian career saw him work as an NSA contractor before becoming a full-time NSA employee on September 11, 2001.
Drake's tenure at the NSA was distinguished by his involvement in various high-profile projects, including the evaluation of software and systems aimed at enhancing intelligence capabilities. Despite his contributions, Drake became increasingly disillusioned with the NSA's practices, particularly the Trailblazer Project, which he viewed as a costly and ineffective alternative to the more privacy-conscious ThinThread program.
Whistleblowing on Trailblazer and Government Response
Drake's Action Within the NSA: Drake's disillusionment with the NSA's preference for the Trailblazer Project over the more efficient and privacy-respecting ThinThread led him to exhaust all internal channels for reporting the issues he observed. He reported his concerns to his superiors, the NSA Inspector General, the Defense Department Inspector General, and both the House and Senate intelligence committees. Despite these efforts, his concerns were largely ignored.
NSA's Own Inquiry and Acknowledgement: By 2003, the NSA Inspector General had declared the Trailblazer Project an expensive failure, costing over a billion dollars. The Department of Defense Inspector General's report in 2004 validated Drake's claims, finding significant flaws within the NSA's operations. Despite this, there were no substantial efforts to rectify the issues or publicly acknowledge the findings.
Eventual Whistleblowing: Frustrated by the lack of response, Drake eventually contacted Siobhan Gorman of The Baltimore Sun in 2005, careful not to disclose classified information. Gorman's subsequent articles exposed significant waste, fraud, and abuse at the NSA, earning her professional recognition but putting Drake in the crosshairs of the FBI.
2007 FBI Raids and Indictment
In July 2007, armed FBI agents raided the homes of several individuals, including Drake, who had been involved in reporting issues at the NSA. The FBI's raid on Drake's residence led to the confiscation of his computers, documents, and books, though he was not charged with disclosing classified information. Instead, he faced charges related to the retention of documents, obstructing justice, and making false statements.
Government Arguments and Court Proceedings: The government's case against Drake hinged on the Espionage Act, particularly 18 U.S.C. § 793(e), which deals with the willful retention of national defense information. Despite not being charged with unauthorized disclosure, the government's handling of the case aimed to severely restrict the trial's transparency, invoking the Classified Information Procedures Act (CIPA) and attempting to use the controversial "silent witness rule."
Final Disposition: In June 2011, just before the trial, the government dropped all major charges against Drake, who pleaded guilty to a misdemeanor count of exceeding authorized use of a computer. Judge Richard D. Bennett, presiding over the case, criticized the government's actions as "unconscionable" and sentenced Drake to one year of probation and 240 hours of community service.
The Obama Administration's Role in Whistleblower Persecution
The Obama administration, which came to power on a platform of transparency and accountability, ironically oversaw one of the most aggressive crackdowns on whistleblowers in U.S. history. Thomas Drake's case is a glaring example of this contradiction.
Aggressive Prosecution: Despite President Obama's promises to protect whistleblowers, his administration aggressively prosecuted individuals who exposed government wrongdoing. The use of the Espionage Act against whistleblowers like Drake marked a significant escalation in the government's efforts to silence dissent. According to The New Yorker, the Obama administration used the Espionage Act to prosecute more whistleblowers than all previous administrations combined.
Hypocrisy and Lack of Transparency: The administration's actions starkly contrasted with its public stance on transparency. While Obama publicly praised the importance of whistleblowers in maintaining government accountability, his administration's actions painted a different picture. The aggressive prosecution of Drake and others created a chilling effect, discouraging potential whistleblowers from coming forward.
Impact on Future Whistleblowers: The harsh treatment of Thomas Drake under the Obama administration set a dangerous precedent. Edward Snowden, inspired by Drake's case, chose to go public with his revelations rather than reporting through internal channels, fearing similar retribution. The administration's actions not only undermined the protections promised to whistleblowers but also damaged public trust in the government's commitment to transparency and accountability.
Espionage Act and Whistleblowing
Drake's case is one of the rare instances where the Espionage Act was used to prosecute someone for the retention of information rather than its dissemination. This distinction underscores the harsh and often disproportionate measures the government can take against whistleblowers. The historical context, including comparisons to figures like Daniel Ellsberg and Edward Snowden, highlights the systemic issues within the U.S. government's approach to whistleblowing.
Founding Member of the Veteran Intelligence Professionals for Sanity (VIPS)
As a founding member of VIPS, Drake continues to advocate for ethical intelligence practices and government accountability. VIPS, a group of former intelligence officials, works to expose government wrongdoing and promote sanity and integrity within the intelligence community.
The Need for Comprehensive Reform
Thomas A. Drake's story is a stark reminder of the need for comprehensive reform in how whistleblowers are treated and protected in the United States. His courageous actions, taken at great personal and professional cost, highlight the critical role that whistleblowers play in maintaining transparency and accountability within government agencies. The misuse of the Espionage Act to silence dissent and the lack of effective protections for whistleblowers call for urgent legislative and policy changes. The Obama administration's actions against whistleblowers like Drake underscore the urgent need for these reforms.
For more detailed analysis and updates on whistleblowing and government accountability, visit InfoDecon.com. Our experts provide in-depth reviews, insights, and advocacy to ensure that whistleblowers are protected and that government agencies remain transparent and accountable.
References
Wikipedia. Thomas A. Drake
CBS News. The Whistleblower
The New Yorker. The Secret Sharer
The Washington Post. NSA Whistleblower
NPR. Whistleblower's Quiet Vindication
Wired. U.S. Drops Most Charges Against NSA Whistleblower
Politico. NSA Case Collapses
The Guardian. NSA Whistleblower Thomas Drake
Agence France-Presse. NSA Whistleblower Drake Vindicated
The Daily Show. Thomas Drake Interview
National Press Club. Thomas Drake on Whistleblowing
PBS. United States of Secrets
Newseum. Secret Sources: Whistleblowers, National Security and Free Expression
