Current Events > Former USAF analyst sentenced to 45 months for leaking drone strike docs

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Antifar
07/27/21 5:38:09 PM
#1:


https://theintercept.com/2021/07/27/daniel-hale-drone-leak-sentencing/
DANIEL HALE, a former U.S. Air Force intelligence analyst, was sentenced to 45 months in prison Tuesday after pleading guilty to leaking a trove of government documents exposing the inner workings and severe civilian costs of the U.S. militarys drone program. Appearing in an Alexandria, Virginia, courtroom, the 33-year-old Hale told U.S. District Judge Liam OGrady that he believed it was necessary to dispel the lie that drone warfare keeps us safe, that our lives are worth more than theirs.

I am here because I stole something that was never mine to take precious human life, Hale said. I couldnt keep living in a world in which people pretend that things werent happening that were. Please, your honor, forgive me for taking papers instead of human lives.

In delivering his judgement, OGrady said that Hale was not being prosecuted for speaking out about the drone program killing innocent people and that he could have been a whistleblower without taking any of these documents.

Though the nearly four-year sentence fell short of the maximum sentence of 11 years behind bars sought by federal prosecutors, the conviction marked another victory for the U.S. government in an ongoing crackdown on national security leaks that has spanned multiple presidential administrations.

Hale was indicted by a grand jury and arrested in 2019 on a series of counts related to the unauthorized disclosure of national defense and intelligence information and the theft of government property. In addition to documents related to how the government chooses its drone strike targets and information detailing how often people who are not the intended targets of those strikes are nonetheless killed Hale was also linked to the release of a secret, though unclassified, rulebook detailing how the U.S. government places individuals in its sprawling system of watchlists. Long shrouded in secrecy, the release of the rulebook has been celebrated by advocacy groups as a triumph of the post-9/11 era.

Since his indictment more than two years ago, government filings have strongly implied that The Intercept was the recipient of Hales disclosures. In a statement on Tuesday, Intercept Editor-in-Chief Betsy Reed said, Daniel Hale will spend years in prison for leaking documents that the government implied were published by The Intercept. These documents revealed the truth about the U.S. governments secretive, murderous drone war, including that the killing of civilians was far more widespread than previously acknowledged. The Intercept will not comment on our sources. But whoever brought the documents in question to light undoubtedly served a noble public purpose.

She added: Hale was also charged with disclosing a secret rule book detailing the parallel judicial system for watchlisting people and categorizing them as known or suspected terrorists without needing to prove they did anything wrong. Under these rules, people, including U.S. citizens, can be barred from flying or detained in airports and at borders while being denied the ability to challenge government declarations about them. The disclosure of the watchlisting rule book led to dozens of legal actions and important court victories for the protection of civil liberties.

As has become standard practice in the U.S., Hale was charged under the Espionage Act, and he pleaded guilty to one count in March. Under the highly controversial 1917 law, defendants cannot point to their efforts to inform the public about government actions and operations as a defense for leaking classified information. President Barack Obama weaponized the anti-spying law as a tool to hammer government employees who were sources for national security stories, particularly those that were unflattering for the government. The Trump administration continued the practice and now, so too, has the Biden administration.

In todays sentencing, the court did reject the prosecutions extreme demands, but Hales prison sentence is nonetheless another tragic example of how the government misuses the Espionage Act to punish alleged journalistic sources as spies, a practice that damages human rights, press freedom, and democracy, Reed added in her statement.

Hales support team, in a statement following the sentencing, said: everyone agrees #DanielHale is not a spy. He is a deeply honorable man who is being punished simply for acting on his conscience and telling the truth.

AHEAD OF HIS sentencing this week, Hale filed an 11-page handwritten letter to the court detailing the motivations behind his actions. In vivid detail, Hale recalled his own experience locating targets for American drone strikes. By some estimates, U.S. drone operations abroad, conducted by both the military and the CIA, have killed between 9,000 and 17,000 people since 2004, including as many as 2,200 children and multiple U.S. citizens. Those estimates, however, undercount the true cost of remote American warfare as Hale noted in his letter to the court last week, the U.S. military has a practice of labeling all individuals killed in such operations as enemies killed in action unless proven otherwise.

With drone warfare, sometimes nine out of 10 people killed are innocent, Hale said on Tuesday. You have to kill part of your conscience to do your job.

In their sentencing filing, Hales defense lawyers said that he had felt extraordinary guilt for having been complicit in what he viewed as unjustifiable killings through his involvement in the drone program and argued that his disclosures were compelled by a sense of moral duty. In motions filed in the past week, government prosecutors sought to rebut this picture, painting Hale as a self-interested egomaniac who risked his freedom to ingratiate himself with the journalists he admired and compared his justifications to those of a heroin dealer.

In arguing that Hale should receive a maximum sentence of more than a decade in prison, the government repeatedly referred to secret evidence unavailable for public review purporting to show that the Islamic State had circulated Hales disclosures online, thus putting American lives at risk. Harry P. Cooper, a former senior official in the CIA and noted agency expert on classified materials who reviewed the documents and provided a declaration in Hales case, offered a starkly different interpretation.

The disclosure of these documents, at the time they were disclosed and made public, did not present any substantial risk of harm to the United States or to national security, Cooper said in a sworn declaration. In short, an adversary who has gained a tactical advantage by receiving secret information would never publicize their possession of it.


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St0rmFury
07/27/21 8:45:48 PM
#2:


Land of the free.
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Antifar
07/27/21 9:35:57 PM
#3:


Bump

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ScazarMeltex
07/27/21 9:42:55 PM
#4:


Americans get really upset when their war crimes are exposed.

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Trumble
07/27/21 9:44:34 PM
#5:


Antifar posted...
and that he could have been a whistleblower without taking any of these documents.
Except that he'd then be making a baseless (as far as the public knows) claim, rather than backing something up with evidence, and it could just be swept under the rug as "this guy's just talking shit".

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Tyranthraxus
07/27/21 9:47:07 PM
#6:


Biden should pardon immediately

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St0rmFury
07/27/21 9:53:54 PM
#7:


Tyranthraxus posted...
Biden should pardon immediately

That would be the right thing to do, but you know damn well what the GOP's reaction will be.
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ScazarMeltex
07/27/21 9:55:26 PM
#8:


St0rmFury posted...
That would be the right thing to do, but you know damn well what the GOP's reaction will be.
Don't care, they attempted a coup.

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DarthAragorn
07/27/21 9:56:41 PM
#9:


Should be getting a medal, not prison time

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Hexenherz
07/27/21 10:02:19 PM
#10:


Trumble posted...
Except that he'd then be making a baseless (as far as the public knows) claim, rather than backing something up with evidence, and it could just be swept under the rug as "this guy's just talking shit".
I think they're going for the government's definition of a whistleblower, which requires that you go through legal channels (like inspectors general offices) instead of just leaking documents to random news outlets.

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#11
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Dat_Cracka_Jax
07/29/21 7:59:21 AM
#12:


I know someone that does mapping work for the DoD. I just assume their work is used for drone strikes. I couldn't do it

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Ranlom
07/29/21 8:08:00 AM
#13:


Tyranthraxus posted...
Biden should pardon immediately

DarthAragorn posted...
Should be getting a medal, not prison time


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Blighboy
07/29/21 8:22:44 AM
#14:


Hexenherz posted...
I think they're going for the government's definition of a whistleblower, which requires that you go through legal channels (like inspectors general offices) instead of just leaking documents to random news outlets.
Worked out well for the first impeachment

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#15
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NeonOctopus
07/30/21 4:30:07 PM
#16:


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Trumble
07/30/21 4:30:12 PM
#17:


Hexenherz posted...
I think they're going for the government's definition of a whistleblower, which requires that you go through legal channels (like inspectors general offices) instead of just leaking documents to random news outlets.

You can't think of any reason they might not want to go through a government-approved, and government-controlled, process in order to whisteblow on illegal activity by the government?

If there was some kind of agency outside the US's control in a trusted but neutral third country, that nonetheless had power to intervene, perhaps you'd have a point. I'm sure I don't need to explain how a genuine version of such an agency would be unlikely to exist in practice.

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1337toothbrush
07/30/21 4:30:35 PM
#18:


St0rmFury posted...
That would be the right thing to do, but you know damn well what the GOP's reaction will be.
Don't kid yourself, the republicans aren't what's stopping Biden from doing this.

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ModLogic
07/30/21 5:33:05 PM
#19:


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#20
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skermac
07/31/21 8:06:09 AM
#21:


I thought whistle blowers have immunity?

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Sad_Face
07/31/21 8:24:08 AM
#22:


skermac posted...
I thought whistle blowers have immunity?

Why else would Snowden flee the country if he had immunity?

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XxKrebsxX
07/31/21 8:27:06 AM
#23:


Why should he be pardoned? He leaked military info. Any nation in the world would throw his ass in prison.
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cjsdowg
07/31/21 8:53:36 AM
#24:


CartmanMustDie posted...
https://www.cnn.com/2021/07/28/opinions/afghanistan-us-death-sohail-pardis-vignarajah/index.html

What bullshit.

They could have planned for those people to get while they were drawing plans to leave, not after .

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xXfireglzXx
07/31/21 8:56:32 AM
#25:


Tyranthraxus posted...
Biden should pardon immediately

Biden was VP when Obama expanded the espionage act to include domestic reporters

In 2013 the Obama administration obtained the records of 20 Associated Press office phone lines and reporters home and cell phones, seizing them without notice, as part of an investigation into the disclosure of information about a foiled al-Qaida terrorist plot.

Oh, but surely this is from some right winger tabloid rag right?

https://apnews.com/article/north-america-donald-trump-ap-top-news-elections-barack-obama-9d9a76067d5b47e5a290dc9832369c92

The last three administrations have been absolutely terrible on both domestic freedoms and QE. The abuses of domestic freedoms likely won't have any consequences until the fallout from 12 years of QE starts really fucking the economy this year.

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unnamedsoldier
07/31/21 8:58:26 AM
#26:


XxKrebsxX posted...
Why should he be pardoned? He leaked military info. Any nation in the world would throw his ass in prison.

I mean yeah this.
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Hexenherz
07/31/21 9:01:40 AM
#27:


Trumble posted...
You can't think of any reason they might not want to go through a government-approved, and government-controlled, process in order to whisteblow on illegal activity by the government?

If there was some kind of agency outside the US's control in a trusted but neutral third country, that nonetheless had power to intervene, perhaps you'd have a point. I'm sure I don't need to explain how a genuine version of such an agency would be unlikely to exist in practice.
I'm not saying that. I understand why people do it. I'm just explaining why a US Government Judge would tell a person they should have gone through the US Government-sanctioned method for reporting fraud, waste or abuse or other criminal actions rather than violate Non-Disclosure Agreements by going to the press.

skermac posted...
I thought whistle blowers have immunity?
When they go through *legal* channels they are 100% protected against retribution, unfair treatment, etc. for reporting it.

You're not a whistleblower in the government's eyes if you just leak information at will.
Blighboy posted...
Worked out well for the first impeachment
You can blame that on the Trump administration and its constant 24/7 violations of basic legal and ethical principles.

Not going to lie, it really shakes your faith in things when you're trying to just serve with some level of dignity and have some basic pride in your work and you're seeing war criminals getting pardoned and the president directly defending an absolute asshole who is flaunting the UCMJ in a public, global forum.

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skermac
07/31/21 1:01:24 PM
#28:


XxKrebsxX posted...
Why should he be pardoned? He leaked military info. Any nation in the world would throw his ass in prison.

if he exposed something that was wrong he should be pardoned but I dont know what he exactly leaked

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#29
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Broseph_Stalin
08/01/21 11:16:53 AM
#30:


A lot of people don't seem to realize that leaking any classified information does not make you a whistleblower.
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IShall_Run_Amok
08/01/21 11:19:58 AM
#31:


XxKrebsxX posted...
Why should he be pardoned? He leaked military info.
Yes.

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Tyranthraxus
08/01/21 11:24:27 AM
#32:


xXfireglzXx posted...
Biden was VP
No one gives a fuck

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Aki_Sora
08/01/21 11:30:12 AM
#33:


ScazarMeltex posted...
Americans get really upset when their war crimes are exposed.

ModLogic posted...


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Xethuminra
08/01/21 11:32:26 AM
#34:


Were the civilians harboring armed terrorists or no?
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hockeybub89
08/01/21 11:36:54 AM
#35:


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Doe
08/01/21 11:42:48 AM
#36:


Xethuminra posted...
Were the civilians harboring armed terrorists or no?
Anybody with a weapon that disagrees with the US invading their country is an "armed terrorist" according to the US

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Xethuminra
08/01/21 11:46:43 AM
#37:


Doe posted...
Anybody with a weapon that disagrees with the US invading their country is an "armed terrorist" according to the US
Ive heard some real horror stories firsthand of civilians over there who wont cooperate with the troops & drive through barricades & block military vehicles & all it takes is for some of them to pick up a weapon & they start shooting. Im not saying every group in the military is incapable of fault, but I gotta really at least question whether this guy who leaked the documents just snapped & bit off more than he can chew without weighing or understanding all of the facts... When we dont know exactly why were doing what were doing sometimes, the worst things imaginable can come to mind.
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#38
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hockeybub89
08/01/21 1:37:31 PM
#39:


metallica846 posted...
Obama was the drone strike president and Biden was a big part of it. Obama also hated whistleblowers. Biden will be the same.
Trump only considered soldiers that committed war crimes to be heroes. This is truly a both sides issue.

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Thaumaturge
08/01/21 2:06:46 PM
#40:


I can't wait until this country is demolished. It happens to every empire. The Roman empire went out with a bang, the British empire went out with a whimper. How will the American empire go out?
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kirbymuncher
08/01/21 2:23:01 PM
#41:


Antifar posted...
In arguing that Hale should receive a maximum sentence of more than a decade in prison, the government repeatedly referred to secret evidence unavailable for public review

lol

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hockeybub89
08/01/21 2:26:27 PM
#42:


Thaumaturge posted...
I can't wait until this country is demolished. It happens to every empire. The Roman empire went out with a bang, the British empire went out with a whimper. How will the American empire go out?
With the agonizing cries of the sick and oppressed.

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