Treason? WikiLeaks and the press

Should some secrets stay secret? And is it treasonous for news operations to report on leaks of war documents when their countries are at war?

These questions arise, of course, because of the release of 92,000 documents about the Afghanistan war by WikiLeaks, in coordination with London’s Guardian, the New York Times and Der Spiegel. The ugly affair raises still further questions about what constitutes patriotism, how the Net makes high-quality journalism tougher to practice, and what governments will now do to try to bury their secrets even deeper.

First off, did the papers act properly? At first blush, it appears that at least two of the organizations — the Times and Der Spiegel — were maneuvered into this joint release. The instigator, it seems, was The Guardian, which had learned that WikiLeaks leader Julian Assange intended to release the papers unfiltered on his Swedish-based Web site. The editors at the Guardian suggested the joint release, apparently persuading Assange that he would make a bigger splash that way. This, at least, is the account given to PBS.

The papers then faced some tough choices: first, do they release the documents, along with their own independent reporting and analysis, and, second, do they share the information with the White House, giving the government a chance to react? On the first count, it seems that the papers really had no choice. After all, the documents would be out on the site no matter what the papers did, and, most likely, they would appear in print (since none of the three competing papers could trust the others to hold back). In short, WikiLeaks held the cards in this high-stakes poker game and it played the papers against one another.

Then the question was, what should the editors do with the information? The New York Times contacted the White House and got its reaction – its take that there was nothing really new in the documents. The White House also did not ask that the Times hold back on publishing the papers (probably realizing the move would be futile). Instead, it got a chance to put its spin on the news, likely hoping to quash the whole matter by offering the “nothing new” take. Certainly, the troops wouldn’t be surprised (see Ed Stein’s cartoon above).

Bill Keller, the executive editor of the Times, laid out the issue nicely in a sidenote to the stories. He noted that the paper had a month to report out the story and that it sought to eliminate any references that could endanger the lives of Allied forces or Afghan supporters. He also suggested that the WikiLeaks folks had the mainstream media over a barrel, arguing “To say that it is an independent organization is a monumental understatement. The decision to post this secret military archive on a Web site accessible to the public was WikiLeaks’, not ours. WikiLeaks was going to post the material even if The Times decided to ignore it.”

Since then, of course, split opinion has emerged on just how problematic the release has been. Former CIA Director Michael Hayden told the folks at Politico that “We’re going to get people killed because of this.” And Rep. Jane Harman, a California Democrat who chairs an intelligence subcommittee, said the documents give the Taliban a hunting list: “There are names of State Department officials, U.S. military officials, Afghans and the cities in which they live in the materials.” By posting them online, she said, “we’ve just served up a target list and an enemies list to the Taliban. … Real people die when sources and methods are revealed.”

For his part, WikiLeaks’ founder Assange said on MSNBC that about 15,000 reports were withheld because they could have revealed the identities of Afghans who have aided U.S. forces and exposed them to “the risk of retributive action” from warlords or the Taliban. For a better sense of who Assange is and what drives him, check out an interview he gave to the folks at TED, the conference organization on the West Coast.

Seems to me there’s no doubt that the leak of the papers in the first place was treasonous. If proved to be the source, Pfc. Bradley Manning will likely spend the rest of his life in jail. The Army intelligence analyst, also suspected of leaking a video a few months ago of a couple Reuters photographers being killed in Baghdad, will be lucky – in other times, he’d be shot. Now, one would guess, the Obama Administration won’t risk making Manning, an impossibly baby-faced twenty-something in his AP photo, into a martyr. Some of Manning’s friends, too, may be implicated, and one wonders whether they had a duty to inform on him before his alleged leaks.

As for WikiLeaks, the legal situation will be tricky but it seems the U.S. can do little against it. Even if Swedish authorities try to muzzle the site, some there, such as Sweden’s Pirate Party, are already offering help. Of course, Assange might never again be able to travel to the U.S. or perhaps to his Australian homeland, since he could be picked up for various violations. Australia is part of the coalition fighting in Afghanistan. Indeed, one has to wonder just where he can go in the West without being pursued.

Some folks are saluting the leaks, praising the media outlets for publicizing the documents, and ignoring or rebutting questions of treason. “I’m more concerned about the troop threat caused by our nation’s involvement in a war that lacks the backing of the Afghan people or fiscal accountability for the $330 billion we have pumped into the longest war in U.S. history,” argues a colleague at Nebraska, Assoc. Prof. Bernard McCoy. “What do we have to show for this? With corrupt Afghan political leaders and insurgents who, according to our own intelligence reports, are as strong as ever, our troops remain at great risk.”

And comparisons to the Pentagon Papers abound. That secret history of the Vietnam war, detailing a wealth of information not revealed to the public and quite embarrassing to the politicians of the day, was published first by the New York Times and then the Washington Post, both in mid-1971. The papers were an official Defense Department study of U.S. activities in Vietnam from 1945-67. A former colleague at BUSINESS WEEK, Mark Ivey, says of the current leak, “Viet Nam, relived.”

But the new documents, including raw intelligence memos, were nowhere as well-researched or vetted as the Pentagon Papers were. The Afghan War documents may be rife with errors and could prove useful in the end only to vengeful Taliban. Joshua Foust, a contributor to Current Intelligence, argues, “If I were a Taliban operative with access to a computer — and lots of them have access to computers — I’d start searching the WikiLeaks data for incident reports near my area of operation to see if I recognized anyone. And then I’d kill whomever I could identify. Those deaths would be directly attributable to WikiLeaks.”

For my part, it seems clear that the leaks could not be stopped once insiders in the military or elsewhere in the intelligence establishment made up their minds to release the papers. If it hadn’t been for WikiLeaks, someone else in the anything-goes Net universe would likely have found a way to help them surface. At that point, the news organizations acted well in doing what savvy reporters do – they put the documents into context and fleshed them out.

Yes, the newspapers were played by Assange. But they gave the public a far richer and more useful account than he would have by releasing the documents alone. In the case of the New York Times at least, the U.S. government also had a chance to frame the discussion and attempt to minimize the damage.

Will anything change now? It seems some Afghans will be in danger. Pakistan’s intelligence service is likely embarrassed and angry. And the U.S. intelligence agencies will now seek stronger means to keep secrets under lock and key. But, unlike the Pentagon Papers, revelations seem few and there’s little in the papers even to strengthen the case of the antiwar folks.

President Obama’s war in Afghanistan has been messy from the start. Too few forces to begin with. A publicly revealed deadline for drawdown. A military leadership that was anything but politic. Unless his plans for military victory start paying off soon – with real gains against the Taliban and Al Qaeda — the WikiLeaks affair will go down as another troubling turn — probably a small one — in a painful, prolonged and maybe doomed battle against Islamist terrorism. This ethical contretemps pales before that ugly reality.

Kyrgyzstan — here we come?

Who would have thought a revolution was in the offing? But the unexpected upheaval and government ouster in distant Kyrgyzstan is making us sit up and take notice in Nebraska.

A colleague and I have been preparing for several months to take eight students there for a reporting trip. The 20-day stay has been designed to produce a book and Web site entries, giving our kids a chance to photograph and write about the country.

At this point, we’re scheduled to depart for Bishkek May 9 and return at the end of the month. Tickets have been lined up, lodging arrangements made, contacts put in place. The kids have been reading about the place, reaching out to Kyrghese and even developing stories on immigrants from there in Lincoln.

So, do we go?

If it were just me and Bruce, our main photography professor, we’d go – like planeloads of other journalists who have rushed there. We’d be apprehensive, of course. But as newsmen, who could resist such a story? The chance to document the post-revolutionary rebuilding, to tell the story of what drove people to toss out the regime, to look into what this means for the U.S. (which counts on the country as a major transit point for troops to Afghanistan) – all that would be too enticing to avoid.

But we’ve got eight students to care about. These kids, some still in their teens, say they want to go – even if some do cast aside the machismo of their age and confess to apprehensions. They, like us, are newshounds after all. But, unlike us, they are also kids – youngsters with parents who couldn’t care a fig about a big story, but care a lot about safety. We, too, care about the kids’ safety – above all else.

If we had to make the call today, it would be problematic. The U.S. State Department on April 9 issued a travel alert urging Americans to defer visits to the place. The military contacts I have made at Manas air transit center say to hold off. The president hasn’t abdicated and it’s not clear whether he’ll try to regain power.

So why is this problematic? Isn’t it a no-brainer to not go? Well, an alert is a step down from a warning – with a warning by State, we don’t go. That’s university policy. Oddly enough, a group from our J School can’t now go to Cozumel for a planned visit because State has a warning in place about Mexico – though the drug killings are a continent away from the beaches. With a mere alert from State, however, we would have the option of still going.

What’s more, the U.S. State Department officials say things are getting better in the country. Asst. Secretary Phillip J. Crowley, meeting with reporters in the daily briefing on April 9 said “the situation appears to be improving in Bishkek. We note today that police have been deployed. There is still some violence, but order is gradually being restored.” Specifically on the local press there, he added, “We also welcome relaxation of recent restrictions on media coverage there.”

Still more confusing is the timing. By the time we got there, in early May, the Kyrghese could be singing kumbaya in the streets. The alert could be history. In three weeks time, the government could be picking up the pieces and planning the election it says it wants in six months. The stores, damaged by looting, could be rebuilding. And the Russian and U.S. leaders could be adapting to the new regime. We’d be fine, indeed embraced as we’d document the changes. Reporters there now have had wonderful access and that’s likely to grow.

(The geopolitics are fascinating, making this a rich story. There’s some suspicion that the Russians urged on this upheaval, for instance. Certainly, they’ve welcomed the new leadership enthusiastically, with a call between Putin and the new acting leader, Roza Otunbayeva. The Russians don’t like our transit base, since they have a base of their own there – making Kyrgyzstan reportedly the only country where both the U.S. and Russians have military bases. Moscow ran the country until the early 1990s and nostalgia for those days may be fueling the current popular sentiment. The U.S., by contrast, is grudgingly accepting the new order and is a bit late to the party.)

(The country is not unfamiliar with revolutions. The ousted president, Kurmanbek Bakiyev, took power in 2005 in the Tulip Revolution. He tossed out the prior president, Askar Akayev, who has some interesting things to say about his successor and the country’s future.)

For us, the go/no-go decision won’t be made by Bruce or me. Our academic sequence head, our dean and university policy will dictate our course. It would surprise me if those folks prove willing to subject our kids to the risks involved, even if they are radically diminished. I’m not keen on subjecting them to such risks, no matter how big the story. Being responsible for myself is one thing; caring for eight kids is another.

We’re considering a Plan B, and we need to make a call in the coming week. This could include visiting nearby Kazakhstan and, if conditions permit, popping in on Kyrgyzstan. For now, though, the situation has us on tenterhooks and has the kids paying attention to a distant spot and complex political maneuvering. Already, they’ve learned something, regardless of how our travel plans turn out.