Newsmedianews | Northern Ireland - a perspective by Sean Mc Aughey

by Sean Mc Aughey
Sean Mc Aughey is a former University of Ulster Student's union President and has worked in public relations.
He is now a freelance journalist and a regular contributor to the Blanket, which describes itself as “a journal of protest and dissent”.
His material is published unedited on this page.
Contact Sean Mc Aughey Archived items

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Leading Human Rights Solicitor "Shut Down” by Law Society

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USA Presidential Election 2024
06 Nov 2024; posted by the editor - Opinion, United States

The world outside of the USA formed and helped develop the United States into what it now is.

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Tags: Donald Trump, 2024, USA election

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Jeffrey Sterling – Latest victim of the US' war on whistleblowers printable version

25 Sep 2015: posted by the editor - Journalism, International, United States

By Reporters Without Borders
The jailing of US whistleblower Jeffrey Sterling has brought severe condemnation from press freedom organisation Reporters Without Borders which says Sterling is in jail for merely talking to a journalist regularly and was sentenced based only on circumstantial evidence.

On 16 June 2015 Jeffrey Sterling self-surrendered to the Englewood Federal Correctional Institution in Colorado, almost 900 miles from his home. After a long and grueling trial, the former C.I.A. operative was found guilty of seven counts of espionage on 26 January 2015. Even if throughout his entire trial and to this day, Sterling maintains his innocence, he was sentenced in May to three and a half years in prison. Why? This is a long story. To sum up, Sterling was in touch with a journalist. And this is apparently a crime.

In 2006, the New York Times journalist James Risen published a book entitled State of War which highlighted, among others, classified “operation Merlin” designed to derail Iran’s nuclear program to which Jeffrey Sterling was assigned during his time at the C.I.A. On 22 December 2010 a grand jury indicted Sterling on multiple charges under the Espionage Act for revealing classified information to James Risen. The Department of Justice (DOJ) repeatedly threatened Risen with jail time if he did not reveal his source before finally backing off a few months ago.

Sterling went through proper channels to divulge his concerns about the classified operation during a briefing with the Senate Select Committee on Intelligence in March 2003. Yet the jury found Sterling guilty as Risen’s source. But the evidence that formed the basis of his conviction consisted only of multiple emails and telephone conversations between the two men, without any content to directly prove Sterling was the source. The content of most of these emails and phone conversations remains unknown. Only the metadata have been made public.

Circumstantial evidence
Herein lies Reporters Without Borders’ biggest concern: the DOJ built a case against Sterling based entirely on circumstantial evidence, and obtained his conviction in what the BBC aptly named a “trial by metadata.”

“How is it possible that proving the mere existence of contact between a former C.I.A. operative and a journalist is sufficient to convict someone of espionage?, highlights Delphine Halgand, US Director of Reporters Without Borders (RSF). Is a relationship with a reporter the new catalyst for government prosecution of whistleblowers, whether alleged or actual? If anybody can be sentenced in the United States just because he was merely talking to a journalist on a regular basis, where is press freedom heading in the country of the First Amendment?”

After the verdict, Attorney General Eric H. Holder himself said “as this verdict proves, it is possible to fully prosecute unauthorized disclosures that inflict harm upon our national security without interfering with journalists’ ability to do their jobs”.

But leaks are the lifeblood of investigative journalism, given that nearly all information related to national security is considered secret and classified in the United States. In fact, the war on whistleblowers is designed to restrict all but officially approved versions of events.

There is no doubt that the location of Sterling’s trial in the Eastern District of Virginia also had an effect on the verdict: a large part of the jury pool possesses security clearance for various types of jobs within the government. And to make matters worse, the DOJ was able to hide many of its witnesses behind screens to conceal their faces, kept their full names a secret in the courtroom, and even distributed documents to the jury labeled “top secret” to complete their dog and pony show on classified information.

Made an example
“It is clear to Reporters Without Borders that the DOJ chose to make an example of Jeffrey Sterling, to warn government employees against talking to journalists”, says Margaux Ewen, Advocacy and Communication officer at Reporters Without Borders USA.

The United States has witnessed an alarming trend in curtailing freedom of information consistent with its decline in Reporters Without Borders’ 2015 Press Freedom Index. The United States now ranks 49 out of 180 countries, a 14-place drop since 2012. President Barack Obama’s war on whistleblowers played an important role in this decline: the Obama administration has prosecuted a total of eight whistleblowers under the Espionage Act, which is more than any previous administration combined.

Reporters Without Borders stands with Jeffrey Sterling and supports him in his efforts to appeal his conviction. Like his wife Holly Sterling told Reporters Without Borders, “Jeffrey was wrongfully sentenced to prison and is now living a life that no one should have to endure. Jeffrey and I decided to appeal as we cannot give up hope that someone or hopefully many, will realize the wrong that has been done and those with the ability to do so will make the only correct decision and Jeffrey will be vindicated. I will not cease discussing this tragedy in hopes that it will garner enough support for a successful appeal."

According to the prosecution, Sterling “had it out for” the C.I.A. after his unsuccessful employment discrimination lawsuit, and this served as his motive for divulging information to Risen. Sterling is the first African American to file such a suit against the agency.

Of the American whistleblowers punished for allegedly leaking classified information to reporters, it seems that midlevel government employees have received the harshest sentences. Like Jeffrey Sterling, John Kiriakou was a C.I.A. operative who was sentenced to 30 months in prison in 2013 after taking a plea bargain. He admitted to revealing the identity of a covert operative to a reporter, though this information was never published. It is widely believed that Kiriakou was targeted for exposing the agency’s use of waterboarding during interrogations.

At the opposite end of the spectrum, high level officials like retired general and former C.I.A. director David Petraeus have received a simple slap on the wrist. Petraeus plead guilty to revealing classified information to his biographer Paula Broadwell, who was also his mistress, in April of this year. Although the information he revealed did not get published in his biography, he also made false statements to F.B.I. agents that he did not leak said information. Yet the DOJ requested he receive probation instead of prison time.

Tags: whistle-blowers, whistle blowing, James Risen, Jeffrey Sterling, CIA, FBI, Reporters Without Borders, Press freedom

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Friday, January 14, 2005
Leading Human Rights Solicitor "Shut Down” by Law Society
Society claims ‘substantial history of complaints going back ... years’
Exclusive report by Sean Mc Aughey
Sources and friends close to lawyer Padraigin Drinan are saying the official reasons behind an enforced closure by the Law Society of the offices of Ireland’s foremost human rights defender and solicitor remains wide open for damaging speculation.

Former clients who contacted the Law Society say they were immediately re-directed to a voice mail inbox belonging to the Deputy Secretary; Suzanne Bryson who was unavailable.

On Wednesday a Law Society spokesman was asked if Ms Drinan’s certificate to practice been fully revoked. The spokesman described the measures against Ms Drinan as a “removal of her provision to practice.” and added that a full Law Society press statement on the matter would be available.

In a statement released on Friday, January 14, 2005, the Law Society said: “Ms Drinan has a substantial history of complaints going back a number of years. These have led to a series of decisions by the Law Society to bring proceedings against Ms Drinan before the Disciplinary Tribunal, established for this purpose by the Solicitors (NI) Order 1976, as amended. The Disciplinary Tribunal operates independently of the Law Society.”

However, no clarrification of the substance or nature of the ‘complaint’ was given. The statement continues: “Complaints against Ms Drinan came before the Disciplinary Tribunal in May 2004. On considering the evidence presented by the Law Society, the Tribunal found that the complaints had been duly substantiated. It may be helpful to explain that in addition to imposing certain fines and costs penalties, the Tribunal Order records as follows; ‘The Tribunal noted with regret the Respondent’s (Ms Drinan) previous history of proven complaints before the Tribunal which were all similar to the complaints today. They formed the view that the Respondent was not functioning at any acceptable level as a single practitioner and that in the interest of the public and the Respondent herself, they are ordering that she is restricted from practising on her own account or in partnership. She may accept employment from another solicitor provided they have at least seven years post qualification experience. The Tribunal also orders that she shall not work in any practice using her name on the title or as one of the principals.’ The Tribunal were prepared to defer the implemantation of the Order for a reasonable period to allow Ms Drinan to make alternative arrangements. This deferment initially applied until September 2004 with a subsequent deferral to a date than fixed by the Tribunal at 6 January 2005.

“As and from that date, Ms Drinan is not entitled as a matter of law to practise on her own account. If she continues to do so, she will not only be in breach of the Order of the Tribunal, but will also be committing a criminal offence. In these circumstances the Law Society is under an obligation to see that the terms of the Tribunal Order are complied with.

“Ms Drinan is not inhibited from practice as an employed solicitor.

“The inability of Ms Drinan to continue in practice on her own account is not an action taken by the Law Society but is a function of an Order made by the Disciplanary Tribunal. Ms Drinan has not to our knowedge at any time sought to contest or appeal the Orders made by the Disciplinary Tribunal.” The statement was signed by Don Anderson, for the Law Society.

An informed source close to Ms Drinan said it was believed that as a result of her civil rights involvement she was seen by the establishment as an embarrassing and troublesome ‘thorn in the side’ who had done nothing wrong other than to try to provide legal advice to those who could not otherwise afford it.

IRSP spokesperson, Terry Harkin described Ms Drinan as “someone who was on par with James Connolly especially in terms of helping the poor and the voiceless all over Ireland” and he asked “where will the most vulnerable in our society get legal help now ”?

“Padraigin Drinan,” he continued, “is a once in a lifetime heroine who ought to be recognized and elevated for her tireless work and not punished, bullied and intimidated by some of her colleagues, who have left her open to a humiliating whisper campaign. ”

A Spokesperson for the Anti Racism Network described The Law Society’s actions as “questionable” and she asked where was the Law Society’s energy when legal immigrants were imprisoned with their children, being bombed from their home or loosing their legs due to frostbite. The immigrants she said are only a small example of the many communities throughout Ireland who are indebted to Padraigin Drinan. ”

Padraigin Drinan speaking from her Belfast office said: “At this stage it appears that I am accused of being a poor business manager but not guilty of any financial impropriety. I have been instructed also that I must amalgamate with other solicitors. ”

But she added: ”I am heartened by the hundreds of calls from well wishers and supporters from all over the world including a call from among others, Gareth Pierce.”
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Thursday, 28 October 2004
Féile an Phobail, West Belfast
By Sean Mc Aughey
The West Belfast community was demonised for many years by both the establishment and the media and this reached fever pitch in March 1988 as a result of the tragic events which followed the SAS killings of three unarmed IRA volunteers in Gibraltar. In reaction to this unparalleled negative and damaging portrayal of the West Belfast community, local groups and their MP, Gerry Adams, decided to organise a festival. Its purpose was to celebrate the positive side of the community, its creativity, its energy, its passion for the arts, and for sport. And it aimed at providing events and entertainment at a price that the majority of the community could afford.

*1 The West Belfast Féile which is entering its 17th year is the largest community (people) powered festival in Europe. It is internationally regarded as a ten day long festival "on par" with the best community festivals in England and Ireland. The Féile includes, a colourful carnival parade, discussions, debates, concerts, exhibitions, children's events, i.e street parties, bouncy castles etc, sports, literary and drama events, Féile radio, widespread community events on a street to street, pub to pub basis and various political, cultural or historical tours and walks.

The Festival aims to provide events of interest for everyone at a price that the majority of the community could afford while simultaneously serving also to elevate a positive West Belfast self image contolled by its people despite the forces acting against the people and the official resources denied them. The Féile continues to grow into a major tourist attraction. The August Féile continues also to easily attract "top of the range" participation from local and International entertainers, artists and commentators. This year's Féile line up included, Arthur Scargill leader in 1984 of the National Union of Mineworkers presenting The 10th Annual Frank Cahill Memorial Lecture and The P.J. McGrory Memorial Lecture - Long Road to the Truth delivered by Mrs Geraldine Finucane who was shot and wounded at the time of her husband Pat's, assassination 15 years ago. Top British band Big Brovaz, Irish Traditionalist singer/songwriter, Donal Luney and Andy Irvine, Christy Moore and Declan Sinnott, novelist Roddy Doyle, comedian Rich Hall and Bob Marley`s band, the Wailers demonstrating that the Feile is going from strength to strength and most definitely growing in popularity not only among the audience but the artists, as well. The choice of August for the Féile by the West Belfast Community and many other Republican communities like Ardoyne and New Lodge is pertinent. Because, August 9th 1971, brought a re-introduction to nationalist areas of widespread house raids, arrests and imprisonment without trial or a release date. The yearly anniversary of Interment was previously marked in the community by a display of bonfires of defiance. But, the bonfires provided the RUC and British Army with the ideal opportunity for provaction and delivered in British terms "a fool proof" excuse for the entire "Mechanism of the State" to "justify" any injury or death perpetrated by State violence and especially the use of plastic bullets, when framed within the same context of a nationalist bonfire.

Teenager shot dead returning home from Internment night bonfire.
The DPP refused to initiate proceedings on the grounds that it was impossible to establish which RUC officer fired the fatal shot. The jury found that at the time of Seamus' killing that he was not engaged in any rioting and that there was no rioting at the time of his killing.

*2 "The fatal shot" that killed 15 year-old Seamus Duffy from the Oldpark area was fired from a passing RUC patrol on August 9th 1989. The plastic bullet crushed his heart and tore a four-inch laceration in his left lung.

*3 Seamus Duffy was returning home from an internment night bonfire and there was no rioting in the area. The initial RUC response indicates according to The Relatives for Justice group, the RUC believed Seamus Duffy did not die as a result of being hit by a plastic bullet and that they would appoint a 'top policeman' to investigate the exact circumstances of the death.

*4 Secretary of State, Peter Brooke said: 'There are no grounds for suggesting their use (Plastic Baton Rounds fired by RUC officers) last night was other than in accordance with the law'.

*5 Darkness
Over a very short period of time, bonfire culture in most Republican communities has been easily transformed to the community-orientated ethos that permeates participative festivals. Bonfires were already long since stigmatised as negative and destructive by the collective wisdom and experience of the community and most especially by those members of the community who vividly recall how life once was before the bright lights and colour of the Féile. A time, when, West Belfast was in darkness because the various combatants shut down the streetlights and fear was a way of life. The local dogs barking were for those of us making our way home hoping to avoid a beating from the British Army patrols, a most welcomed concert of sorts, alerting with pin point accuracy the exact location of the four, eight, 16 or 32 blackened faces of the British Army foot patrols in the area.

“Riddles' Field" - Daddy Makes A Dream Comes True (Thanks to the Féile)
When I reflect on the quality of life my teenage children are currently enjoying and compare this to my teenage days, I owe a lot to the efforts of the many people behind the West Belfast Féile who are continually raising the esteem of our people and enhancing our quality of life. There is clearly a massive gulf between my teenage days and that of my teenage children today in terms of confidence, opportunities and simply attending a concert by their favourite "pop stars" in West Belfast. This in itself remains a source of immense joy and pride. Especially, when I think about what used to be -"Riddles' Field", (Beechmount Leisure Centre) and look at the here and now concert venue, where teenage dreams are fulfilled. My daughters were in seventh heaven a few years ago at the Féile in "Riddles' Field" during a Westlife concert and then the Atomic Kitten concert. My teenagers' expectations are obviously higher today and undoubtedly more realistically obtainable thanks to the Féile. My children's confidence is part of the vibrancy that makes West Belfast Féile buzz. This buzz has been harnessed, channelled and most importantly of all, encouraged by the various F éile projects and events.

A Teenage Nightmare I hold by comparison to my children, a teenage tale of woe. One of my favourite Rock n' Roll bands in 1975, Showaddywaddy had agreed to play in Belfast at the ABC. I was all set for my face to face with my teenage "Top of the Pops" idols and unfortunately this was as near as I got. Showaddywaddy pulled the plug on the Belfast tour when news surrounding the murder of the Miami Showband reached their agents. I was shattered. The people responsible for killing the Miami Showband musicians were pro-British and some were also members of a British Army Regiment. Showaddywaddy were a Sheffield Band.

On the 31st July 1975, a Loyalist gang murdered three members of the Miami Showband. Tony Geraghty (23), Fran O'Toole (29), Brian McCoy (33). Two of the UVF gang were also killed, Harris Boyle, described as a UVF Major from Portadown, and Wesley Somerville, described as a UVF Lieutenant from Caledon, Co Tyrone. Two men from the Ulster Defence Regiment (UDR) were jailed for 35 years in connection with the murders of members of the Miami Showband. The Miami Massacre, a part of our past, had also a lasting impact for many engaged in the Arts and for one Belfast man the Miami murders would bring about his film debut.

Angel - Galway Film Fleadh Michael Dwyer: The thing that triggered Angel was the murder of the Miami Showband musicians...
Neil Jordan: Kind of. I was playing in a band and we used to travel up and down to Belfast and Derry and places like that and we'd be driving back late at night. It was in the 1980's when all those sectarian killings were happening. It was very black; you always presumed it wouldn't happen to you - that you were safe - and when the Miami were shot it seemed quite shocking. They were innocent and I felt totally numb I suppose and that put images in my mind. I like to write things with people in mind and I had written Angel with Stephen Rea in mind

*6 How are ye Jeffrey? - West Belfast Féile Talks Back
During the Féile Talks Back debate, a former IRA POW, Seanna Walsh—who was sentenced to twenty-two years when he was caught making explosives and mortar bombs— courteously welcomed The DUP's Jeffery Donaldson to the Féile debate. Mr Walsh then asked: “Jeffrey, when you talk about the IRA's capacity to make war, I can go out of here tonight with a couple of hundred pounds in my pocket and purchase the equipment to make Baltic Exchange/Canary Wharf type bombs. How are you going to remove that capacity? "

*7 The DUP man addressed the question in repetitive mantra. Seanna Walsh also said: "The point I was making was that I can produce homemade explosives and mortars. You cannot decommission that knowledge. What is more important is our commitment to peace and to politics. But all of the initiatives taken by the IRA to date have had absolutely no effect on the unionist community. Trust is a two-way street. We suspect that at the root of it unionists cannot deal with equality and sharing power and that the idea of republicans being in government was a bridge too far for them. Everything else is an excuse not to go there. ”

*8 The IRA and its weapons is being used as an excuse
About 24 hours after the Festival debate, Mr Gerry Adams, The West Belfast MP and President of Sinn Fein told PA News:
“ While I would not like to minimise what may be genuine fears and concerns within unionism, I do think the issue of the IRA and its weapons is being used an excuse.” The Sinn Fein president commended Mr Donaldson on his appearance at the festival and paid tribute to his colleagues on the committee, which organised the event. Mr Adams also said he would like to take part in a similar event in a loyalist area.

*9 Community Empowerment
Mr Adams sums up the spirit of the Féile in a sentence by saying he = would like to take part in a similar event in a loyalist area. Community festivals bring as in this case politicians face to face with the voter in the voter's home territory. The Shankill Road and East Belfast "Think Tanks" did likewise to enpower the community and expose the politicians. The voice of the community can be best heard at festival time.

References and sources used in this article:
*1 http://www.feilebelfast.com/ourhistory/
*2 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*3 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*4 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*5 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*6 http://www.iol.ie/~galfilm/filmwest/fleadhjordan.htm
*7 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*8 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*9 http://news.scotsman.com/latest.cfm?id=3D3300413

by Sean Mc Aughey