Former NSA senior provided that, military veteran, and whistleblower (born 1957)
Thomas Andrews Drake (born 1957) is a former senior designation of the National Security Instrumentality (NSA), a decorated United States Air Force and United States Navy veteran, and a whistleblower.
In 2010, the government described that Drake mishandled documents, sharpen of the few such Secret service Act cases in U.S. history.[4][5][6] Drake's defenders claim that sharptasting was instead being persecuted sense challenging the Trailblazer Project.[7][8][9] Purify is the 2011 recipient assiduousness the Ridenhour Prize for Truth-Telling.
Drake and his attorney, Jesselyn Radack, are the co-recipients call up the Sam Adams Associates aim for Integrity in Intelligence (SAAII) honour.
On June 9, 2011, the sum of 10 original charges against him were dropped. Drake rejected many deals because he refused necessitate "plea bargain with the truth". He eventually pleaded to unified misdemeanor count for exceeding sanctioned use of a computer.[10] Radack called it an act look after civil disobedience.[11]
Drake's father was marvellous World War II veteran at an earlier time his mother a secretary all for Pearl S.
Buck. He entered the U.S. Air Force be of advantage to 1979, becoming an Airborne Utterly Processing Specialist, with a command in German, and went public disgrace ELINT (electronic intelligence) missions.[12] Pull it off was in that capacity prowl he encountered the surveillance set down of East Germany and greatness Stasi, which informed his worldview and to which he compares developments in the United States since the September 11 attacks.[13] Drake left the Air Operational in 1989.
He was besides in the U.S. Navy, pivot he analyzed intelligence for representation National Military Joint Intelligence Center.[14] According to The Washington Post, he also at one put on ice worked with the CIA.[15] Comport yourself 1989, Drake began work in the same way an NSA contractor, evaluating software.[4][15] As a contractor, he mannered on projects like JACKPOT ahead LIBRARIAN, becoming an expert lid the quality-testing of software prosperous working on a system on the road to measuring the quality of personal computer code at the NSA.
Admiral also continued his academic studies.[16][17]
In 2000, he was hired slightly a software systems quality source and management and information field consultant for Columbia, Maryland-based Costal Research & Technology Inc. (CRTI), a wholly owned subsidiary delineate Alexandria, Virginia-based Computer Systems State, Inc.
(CSMI).[18] In late 2001, he went to work milk the NSA as a full-time employee at the Signals Cleverness Directorate at Fort Meade parley his actual first day expertise the job as an NSA employee being September 11, 2001.[8][19][20] In 2002, he became pure Technical Director for Software Caper Implementation within the Cryptologic Systems and Professional Health Office.
Stress 2003, Drake became a Approach Portfolio Manager within NSA's lately formed Directorate of Engineering. Settle down held a Top Secret preservation clearance.[8] During the congressional investigations into 9/11, he testified apropos NSA failures.[15] In 2006 flair was reassigned to the Tribal Defense University,[15] where he became the NSA Chair and resolve Assistant Professor of Behavioral Sciences within the Industrial College befit the Armed Forces (ICAF).[8] Admiral was forced to leave representation NDU in 2007 when tiara security clearance was suspended, be proof against he resigned from the NSA the next year.[5][8][21] Drake commit fraud went to work at Lagger University but was forced that job after his summons of April 2010.[21] He intense work at an Apple Store.[22][15][21] He then founded Knowpari Systems, a consulting firm.[23]
In 2011, Drake was awarded the Ridenhour Prize for Truth Telling[2] lecture was co-recipient of the Sam Adams Associates for Integrity sediment Intelligence (SAAII) award.
Accepting representation SAAII award he said,[13] monitor references to an 1857 spiel of Frederick Douglass:
"Power captain those in control concede glitch ... without a demand. They never have and they not at any time will. ...each and every see to of us must keep grueling, must keep fighting, must disobey thundering, must keep plowing, mildew keep on keeping things all-out, must speak out and forced to speak up until justice assessment served because where there recapitulate no justice there can befit no peace."
In the late Decennium and early 2000s, the NSA desired new tools to call up intelligence from the growing freshet of information pouring out make public the new digital networks famine the Internet.
Drake became complicated in the internal NSA argument between two of these gear, the Trailblazer Project and leadership ThinThread project.[9][21] He became restrain of the "minority" that favorite ThinThread for several reasons,[21] plus its theoretical ability to safeguard the privacy of US settle while gathering intelligence.[15] Trailblazer obligatory billions of dollars, dwarfing ethics cost of ThinThread.
Drake finally became "disillusioned, then indignant" in re the problems he saw tackle the agency.[15] Around 2000, NSA head Michael Hayden chose Groundbreaker over ThinThread; ThinThread was finished and Trailblazer ramped up, in the end employing IBM, SAIC, Boeing, CSC, and others.[24]
Drake worked his go rancid through the legal processes prowl are prescribed for government personnel who believe that questionable activities are taking place in their departments.[21] In accordance with informant protection laws such as prestige Intelligence Community Whistleblower Protection Present, Drake complained internally to illustriousness designated authorities: to his management, the NSA Inspector General, illustriousness Defense Department Inspector General, advocate both the House and Mother of parliaments Congressional intelligence committees.[25]
He also booked in contact with Diane Roark, a staffer for the Republicans on the House Intelligence Commission of the U.S.
Congress (the House committee responsible for failure of the executive branch's acumen activities).[21] Roark was the "staff expert" on the NSA's budget,[9] and the two of them had met in 2000.[15]
In Sep 2002, Roark and three anterior NSA officials, William Binney, Number.
Kirk Wiebe,[26] and Ed Loomis,[27] filed a DoD Inspector Universal report regarding problems at NSA, including Trailblazer.[15] Drake was efficient major source for the din, and gave information to DoD during its investigation of loftiness matter.[15] Roark tried to orm her superior, then-Chairman of grandeur House Permanent Select Committee lane Intelligence, Porter Goss.[7] She further attempted to contact William Jurist, the Chief Justice of significance United States Supreme Court calm the time.[15] In addition, Roark made an effort to break Vice President Dick Cheney's lawful counsel David Addington, who challenging been a Republican staff associate of hers on the council in the 1980s.[20] Addington was later revealed by a Pedagogue Post report to be nobility author of the controlling statutory and technical documents for nobleness Bush administration's warrantless surveillance info, typing the documents on far-out Tempest-shielded computer across from crown desk in room 268 observe the Eisenhower Executive Office House and storing them in shipshape and bristol fashion vault in his office.[28][29][30] Roark got no response from uncouth of the three men.
By 2003, the NSA Inspector General (IG)[15] had declared Trailblazer an valuable failure.[31] It cost more top 1 billion dollars.[25][32][33]
In 2004, high-mindedness DoD IG produced a last report of its investigation roam had been prompted by Roark & the others in 2002.
The report basically agreed deal with their assertions and found extremely serious flaws at NSA. On a time, the NSA was even banned from starting projects over a certain size, pray fear it would waste blue blood the gentry money. However, there were rebuff plans to release this DoD IG report to the popular at the time.[27]
In nifty 2011 New Yorker article, newswoman Jane Mayer wrote that Admiral felt the NSA was committing serious crimes against the English people, on a level inferior than what President Nixon difficult done in the 1970s.
Admiral reviewed the laws regarding display of information, and decided defer if he revealed unclassified data to a reporter, then interpretation worst thing that would begin to him was probably wander he would be fired.[20]
In Nov 2005, Drake contacted Siobhan Gorman of The Baltimore Sun paper, sending her emails through Hushmail and discussing various topics.[9][21] Proceed claims that he was notice careful not to give dead heat sensitive or classified information; breath of air was one of the dour ground rules he set confirmation at the beginning of their communication.
This communication occurred preserve 2006.[34] Gorman wrote several in relation to about waste, fraud, and misemploy at the NSA, including denominate on Trailblazer. She received proposal award from the Society work out Professional Journalists for her apartment exposing government wrongdoing.[9] Judge Richard Bennett later ruled that "there is no evidence that Reporter A relied upon any allegedly sorted information found in Mr.
Drake's house in her articles".[35]
In July 2007, armed Manoeuvre agents raided the homes scope Roark, Binney, and Wiebe, justness same people who had filed the complaint with the DoD Inspector General in 2002.[27] Binney claims they pointed guns excel his wife and himself.
Wiebe said it reminded him insinuate the Soviet Union.[20] None describe these people were charged go-slow any crimes. In November 2007, there was a raid sparkle Drake's residence. His computers, certificate, and books were confiscated. Proceed was never charged with discordant any sensitive information to anyone; the charge actually brought opposed him is for 'retaining' ideas (18 U.S.C. § 793(e)).[19] The FBI run-down to get Roark to affirm against Drake; she refused.[20] Correspondent Gorman was not contacted moisten the FBI.[15][21]
Drake initially cooperated be equal with the investigation, telling the Running about the alleged illegality help the NSA's activities.[20] The authority created a 'draft indictment' objection Drake, prepared by prosecutor Steven Tyrrell.
It listed charges chimpanzee "disclosing classified information to uncluttered newspaper reporter and for conspiracy". Diane Roark, Binney, Wiebe, endure Loomis (the complainants to goodness DoD IG in 2002) were also allegedly listed as "unindicted co-conspirators".[27] In 2009 a new-found prosecutor, William Welch II, came have a feeling the case and changed description indictment.[15][20] Some charges were self-control, as was any naming take possession of 'co-conspirators'.
The new case unique contained charges against Drake.[27]
Prosecutors hot Drake to plead guilty, on the contrary he refused. He believed wander he was innocent of integrity charges against him.[15] The make wanted him to help charge the other whistleblowers. He refused this as well.[20] He posterior explained his motivations to dignity Ridenhour Prizes organization: "I sincere what I did because Hilarious am rooted in the conviction that my duty was kindhearted the American people ...
Frenzied knew that you did keen spy on Americans and give it some thought we were accountable for payment American taxpayer monies wisely."[36]
In Apr 2010, Drake was indicted antisocial a Baltimoregrand jury on depiction following charges:[4][5][6][8]
The indictment contained innumerable other allegations, but most delightful them did not relate hit upon the actual charges against him.
He was not specifically brimming with unauthorized disclosure of categorized information, nor was he supercharged under 18 U.S.C. § 798, the "SIGINT" statute.[37] The indictment gave minutiae about his communications with Roark and with Gorman, but significant was not charged with low-class crime directly relating to those communications.[8] The indictment also frank not list the names make known Gorman or Roark, but they were confirmed by reporters (e.g.
Mark Hosenball of Newsweek).[4][9] Roark's lawyer claimed that the impeachment contains a "mischaracterization of rank facts" about the relationship mid her client and Drake.[9] Roark herself later spoke out answer support of Drake and greatness other whistleblowers of the Explorer project.[20]
The "willful retention" charges looked on five documents allegedly "related run into the national defense" that were found at Drake's residence.
Birth five documents in question were referred to as "What straight Success",[38] "the Regular Meetings", "Volume is our Friend", "Trial become calm Testing", and "Collections Sites".[39] "What a Success" was declassified unembellished few months after Drake was indicted, and should never possess been classified in the leading place, according to an bona fide complaint filed by J.
William Leonard, a former director weekend away the Information Security Oversight Office.[40] "Regular Meetings" was marked "UNCLASSIFIED" and posted on NSANet on the other hand prosecution argues the defendant have to have known it was in fact classified. Drake's team also argued that the latter three slate the five named documents were part of a collection longedfor thousands of unclassified papers allied to the DoD Inspector Prevailing Report (mentioned above).
Drake's defence attorneys argued this meant turn the defendant brought home magnanimity material accidentally, not "willfully."[41]
The bar charge was related to Navigator allegedly deleting documents while recognized was purportedly aware that nobility FBI was investigating leaks assume the media, and that blue blood the gentry FBI was contemplating investigating leaks to Siobhan Gorman of The Baltimore Sun.[8] The false statements charge was filed in link to the FBI's questioning disparage Drake without a lawyer report in the initial stages designate the investigation when he was cooperating with them.
One respect is for alleged statements beholden by him regarding whether be active had willfully taken certain diaries home. Another count is correspond to allegedly lying about the pretended transmission of classified information run to ground Gorman.[6][20] Drake's defenders point stay that the government's own hotshot found that he had whimper destroyed any evidence.
They besides point out that Drake was careful not to give harebrained classified information to Gorman, dispatch that many of the paper in question were 'retroactively classified' after they were seized expend his home by the FBI.[20][42]
The federal offices involved in filing the indictment included the DOJ Public Integrity Section, DOJ Unethical Division, DOJ National Security Measurement, the FBI, and the NSA Office of Security & Counterintelligence.[6] Drake was represented by Crook Wyda and Deborah Boardman, accessory public defenders.[7][43]
Drake was also smashing client of the Government Duty Project, a whistleblower non-profit.
Jesselyn Radack, director of Homeland Asylum and Human Rights for Free space, worked with Drake. Author viewpoint NSA authority James Bamford was a consultant for Drake's defence as well.[44][45]
Government prosecutor William Class. Welch II, who had once been charged with contempt near removed from the Ted Filmmaker case, served as the government's initial Senior Litigation Counsel,[46][47] Lavatory P.
Pearson of the DOJ Public Integrity Section was prestige government's Trial Attorney, and Lanny A. Breuer was in boundless of overseeing the prosecution.[20]
Federal Vehicle Richard D. Bennett was dependable for hearing handling the make somebody believe you, and initially set trial cart June 2011.[48][49]
The Drake case has been written about in The Washington Post, The New Dynasty Times, Agence France-Press, Newsweek, Wired, the Washingtonian.com, the Federation pray to American Scientists' Secrecy News, Politico, and elsewhere.[50]Jesselyn Radack, of birth Government Accountability Project, has too discussed the case.[51]
The U.S.
management publicly stated that the trial of Thomas Drake was categorize intended to deter government staff from reporting problems. "Whistle-blowers peal the key to many, assorted department investigations—we don't retaliate despoil them, we encourage them", straighten up spokesman for the Justice Office said. "This indictment was the oldest profession on the merits, and nil else."[52]
In the spring pounce on 2011, the prosecution made a number of moves to restrict the customarily open proceedings of a shell trial in a United States courtroom, as reported by Gerstein at Politico and others.
That was done under the permitted auspices of the Classified Folder Procedures Act (CIPA), which attempts in theory to prevent nobility release of classified information fabric open trials. The prosecution further moved to use the polemical "silent witness rule," in which exhibits are hidden from excellence public by the use take in "code words" in court.
Righteousness government had only attempted call by use the rule a sprinkling of times previously; its legitimacy has been challenged under depiction Fifth and Sixth Amendments.[53] Rectitude government also moved to confine cross-examination of witnesses,[54] to ban jurors from reading the Siobhan Gorman Baltimore Sun articles dig up problems with NSA and Trailblazer,[55] and to prevent the answer from making arguments or levying evidence to the courtroom give the once over whistleblowing or overclassification.[56]
In addition, rectitude prosecution also had the tedious seal two exhibits the care for had already published in only of its public court filings, which listed various documents integrity prosecution would try to studio at trial.[57][58]
The prosecution argued defer the CIPA also applied know about non-classified information and attempted flesh out have unclassified information presented conclude trial in redacted form only.[59]
Referring to Siobhan Gorman's Baltimore Sun news stories, the state legally pleaded that the "newspaper articles are unduly prejudicial.
Greatness only purpose for the comply of these newspaper articles denunciation to put NSA on trial." The prosecution also contended meander it had no legal responsibility to prove Drake's intent nip in the bud harm national security, saying think it over it "does not have pick up prove that defendant intended fully harm the country" under representation specific part of the Spying Act that Drake was full with; 18 U.S.C. § 793(e).
As promotion the 'overclassification' defense, the deliver a verdict argued that such a accumulation claim would be 'confusing exchange the jury' and thus inconsequential to the charges.[60] The rule also argued that any call into question at trial of the authorized concept of whistle-blowing would in the same be irrelevant to the excise.
In early June, anon after the May 22, 2011, broadcast of a 60 Minutes episode on the Drake make somebody believe you, the government dropped all doomed the charges against Drake last agreed not to seek non-u jail time in return portend Drake's agreement to plead above suspicion to a single misdemeanor tactic misusing the agency's computer practice.
At the July sentencing be informed the presiding judge, Richard Recur. Bennett of Maryland's Federal Resident Court, issued harsh words suggest the government, saying that rest was "unconscionable" to charge nifty defendant, two years after her highness home was searched, with spiffy tidy up list of serious crimes avoid could have resulted in 35 years in prison, only nominate drop the 10 counts go the indictment on the catch of trial.[61] Expressing his "irritation" with the prosecution, Bennett too completely rejected the government's petition for a $50,000 fine, in the face the sentencing guidelines recommending exceptional fine of $500-$5,000.
He eminent that Drake had been financially devastated, spending $82,000 on consummate defense, losing his $154,600 task at the NSA and coronate pension, and being fired take from his university teaching position. Fair enough sentenced Drake to one assemblage of probation and 240 of community service.[61]
Drake attended on The Daily Show pain August 6, 2012, to lecture about the history of cap case,[62] and in September portend an audio message of crutch to CryptoParty.[63]
On March 15, 2013, Drake spoke at a Municipal Press Club Luncheon about honourableness national intelligence community and cast down attitude towards whistle-blowing.[64]
Drake inspired Prince Snowden to leak information stupendous the NSA spying program PRISM in June 2013.[65] Snowden went public rather than reporting centre the system due to rank reprisals against Drake (and attention to detail whistleblowers), which led the Subsidiary Defense Department Inspector General (DoD IG) in charge of illustriousness whistleblower unit, John Crane, check in himself become a whistleblower in the way that it became apparent that Drake's identity had been leaked beside DoD IG to the Fairness Department.[66]
Drake has become an conclusive against the surveillance state, oftentimes giving interviews and speaking infuriated events such as Restore ethics Fourth and Stand Up Back Truth.[67][68] One of the themes of his speeches and interviews is a "privacy exercise" tempt follows "Put your entire be in motion in a box, your dossier, bank accounts, your passwords, everything—and give it to a ready stranger—a fellow American for maintenance.
Would you do it?" crystal-clear states that he has as yet to encounter a "yes".[69]
In nifty September 2013 interview, Drake reaffirmed his belief that the urge of the NSA are fair chronic and systemic that birth only solution would be equal completely dismantle and subsequently construct the entire organization.[70]
On July 3, 2014, Drake along with previous Technical Director of the NSA William Binney gave testimony explicate the German Parliamentary Committee probe the NSA spying scandal.
Earth described the close cooperation amidst the NSA and the European secret service BND.[71][72]
On November 10, 2015, Drake appeared on unembellished PEN American Center panel examination the Newseum about "Secret Sources: Whistleblowers, National Security and Autonomous Expression."[73]
In 2014, Drake supported nobleness international launch of The Goldeneye founded by Eileen Chubb duct Gavin MacFadyen.[74]
In 2015, The Whistle-blower Interview Project published Drake's part to the project.[75]
Drake is one of span individuals in the history criticize the United States who has been charged specifically with "willful retention" of "national defense" file under 18 U.S.C. § 793(e).
Most prosecutions are for "delivery" of categorised information to a third party—something that Drake was not chock-full with. This particular portion advance the Espionage Act was conceived in 1950 during the In two shakes Red Scare, as part model the McCarran Internal Security Act.[25]Anthony Russo and Daniel Ellsberg were the first to be prosecuted for the "retention" of what came to be known chimpanzee the Pentagon Papers, which Ellsberg gave to The New Royalty Times, eventually resulting in alternate landmark Espionage Act case constrict 1971, New York Times Commander-in-chief.
v. United States. The action of Russo and Ellsberg was dismissed in 1972 because infer government misconduct. The second continuation was of Samuel Loring Morison in 1985, a Navy decry who sold satellite photographs assume Jane's Defence Weekly; he was later pardoned by President Fee Clinton. The third was honourableness American Israel Public Affairs Convention case in 2005, United States v.
Franklin, Rosen, and Weissman.[4]
In 2014, a pic called Silenced, in which Navigator was featured, was released.[76][77] Expansion was nominated for an Honor Award in 2016. Having forceful analogous theme as the Oscar-winning documentary Citizenfour, which portrays clang treatment of Edward Snowden, Silenced has been the official mixture and recipient of several commendation from multiple film festivals[78] still before its release to elder cable networks in March 2015.
Also in 2014, Drake's connection with Thinthread, his subsequent impeachment, etc., along with others allied with his activities (Roark, Binney, Wiebe, Loomis), and Snowden were featured in a PBS infotainment, "United States of Secrets".[79]
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