CommentaryThe release of Julian Assange after years of legal battles highlights the precarious situation faced by whistleblowers who challenge powerful entities. Assange’s journey with WikiLeaks mirrors the broader narrative of governments’ severe reprisals against those who expose their secrets.
Throughout history, whistleblowers have played a pivotal role in unveiling systemic abuses, corruption, and crimes committed by governments and corporations. Mordechai Vanunu’s case is particularly poignant. In 1986, Vanunu, a former technician at Israel’s Dimona nuclear facility, revealed details about Israel’s clandestine nuclear program to the British press. His disclosures contradicted Israel’s official stance of nuclear ambiguity and prompted international scrutiny. However, rather than addressing the implications of its nuclear activities, Israel responded with Vanunu’s abduction by Mossad agents, a secret trial, and an 18-year prison sentence, 11 of which were spent in solitary confinement. Vanunu, despite having served his jail sentence, is presently forbidden under the threat of re-arrest from leaving Israel or speaking to any journalists. The treatment of Vanunu exemplifies the lengths to which self-proclaimed democratic governments will go to silence whistleblowers and suppress information deemed sensitive.
Daniel Ellsberg’s actions in 1971 further underscore the risks whistleblowers face. As a former RAND Corporation military analyst, Ellsberg leaked the Pentagon Papers, revealing the U.S. government’s decades-long deception about the Vietnam War. Despite facing espionage charges initially, Ellsberg’s case was dismissed due to governmental misconduct during the trial. His courage in exposing the truth contributed significantly to public disillusionment with the war and demonstrated the power of whistleblowing to hold governments accountable.
Edward Snowden’s 2013 revelations about the NSA’s global surveillance programs also highlight the challenges whistleblowers encounter in the modern era. Snowden, a former NSA contractor, disclosed classified documents detailing mass surveillance activities that infringed on privacy rights worldwide. Fearing persecution under the Espionage Act, Snowden sought asylum in Russia, where he remains in exile, unable to return to the United States without facing charges.
Assange’s own experiences with WikiLeaks further illustrate the dangers whistleblowers face. WikiLeaks published classified documents exposing U.S. military actions in Iraq and Afghanistan, sparking international debate and condemnation. Julian Assange’s actions exposed significant wrongdoing by the U.S. military, including the publication of a video showing a 2007 Apache helicopter attack in Baghdad that killed 11 people, including two Reuters journalists. Assange’s prosecution represents a threat to journalists and the principles of transparency and accountability in government.
A significant aspect of Assange’s case is the implication of the First Amendment, which protects freedom of speech and the press. The case raises critical questions about whether and how these protections apply to the publication of classified information. In an interview with JURIST, law professor Marjorie Cohn asserted that “The case of Julian Assange is a case of first impression. The First Amendment allows journalists to publish material that was illegally obtained by a third person if it is a matter of public concern……No publisher has ever been prosecuted under the Espionage Act for disclosing government secrets. The U.S. government has never prosecuted a publisher for publishing classified information, which constitutes an essential tool of journalism.”
Assange’s legal battles included extradition attempts and prolonged confinement, raising concerns about press freedom and government accountability.
Similarly, Ralph McGehee, a former CIA officer, set a precedent in 1981 by challenging the agency’s covert operations in Asia and Southeast Asia. His revelations about CIA involvement in Indonesian killings underscored the risks associated with exposing state secrets, despite efforts by the CIA to suppress his allegations.
Ingvar Bratt’s role in the Bofors Scandal in Sweden, revealed around 1984, exposed illegal weapon exports, leading to legislative reforms and heightened scrutiny of corporate practices. His actions demonstrated how whistleblowers can catalyze legal and regulatory changes to combat corruption.
The persecution of whistleblowers like Assange, Ellsberg, Vanunu, Snowden, McGehee, and Bratt reflects a broader pattern: while these individuals risk everything to expose misconduct, they often face retaliation and character assassination. Governments and corporations deploy legal, financial, and diplomatic measures to discredit whistleblowers, portraying them as threats to national security or as criminals rather than defenders of transparency and accountability.
In a comedy sketch on the NBC program Saturday Night Live, comedian Bill Hader, while portraying Assange, poignantly asserted “What are the differences between [Facebook co-founder] Mark Zuckerberg and me? Let’s take a look. I give you private information on corporations for free and I’m a villain. Zuckerberg gives your private information to corporations for money and he’s man of the year.”
The perpetrators of the crimes and misconduct exposed by whistleblowers often escape meaningful consequences. The focus shifts away from addressing systemic issues to punishing those who reveal them, perpetuating a cycle of suppression and impunity.
The stories of whistleblowers challenge us to confront uncomfortable truths about government overreach, corporate malfeasance, and the erosion of civil liberties. They underscore the critical role of whistleblowers in safeguarding democracy and holding institutions accountable. Strengthening legal protections and advocating for fair treatment of whistleblowers are essential steps toward fostering a more just and transparent society.
Whistleblowers are not traitors but heroes who risk their livelihoods to uphold principles of justice and transparency. Their sacrifices remind us of the importance of defending freedom of speech, promoting accountability, and ensuring that those in power are held accountable for their actions. Embracing and protecting whistleblowers is crucial for building a society where truth and integrity prevail over secrecy and impunity.
