But even the president of the United States
Sometimes must have to stand naked
— Bob Dylan, “It’s Alright, Ma”
SPOILER ALERT — Plot lines of the film Official Secrets revealed.
In May 1989, just a few months before the Berlin Wall fell, the United Kingdom upgraded its Official Secrets Act (OSA). Prime Minister Margaret Thatcher, unhappy with the way embarrassing classified information had been leaked to the press during the Falklands War, saw to it that the OSA was tightened up to such a degree that future breachers of government non-disclosure agreements would face serious jail time.
Future whistleblowers would even be limited in their legal defense, as they would be unable to discuss the confidential leak with an attorney. The OSA of 1989 was the stuff of police states.
From John F. Kennedy (“Ich bin ein Berliner”) to Ronald Reagan (“Mr. Gorbachev, tear down this wall”), the Berlin Wall had been regarded by the West as the symbol of the Iron Curtain separating free democratic societies and closed totalitarian regimes controlled by Moscow.
But the OSA suggested that the West had learned the value of deep, unnecessary secrecy. As the East opened up, the West began its movement toward clamping down on privacy and freedom, through the growth of the internet, leading to the surveillance state we have today.
In 2016, NSA whistleblower Thomas Drake noted this catastrophic irony. Speaking before the European Parliament Committee on Civil Liberties, Justice and Home Affairs, a disillusioned Drake said,
I never imagined that the US would use the Stasi playbook as the template for its own state sponsored surveillance regime and turning not only its own citizens into virtual persons of interest, but also millions of citizens in the rest of the world.
Of course, it’s not only America that’s gone this route, but the UK (which has more surveillance cameras turned on its public than anywhere else in the world, bar China), Australia, New Zealand, and Canada — the Five Eyes that control world surveillance.
But in 2003 — long before Drake, Chelsea Manning, Edward Snowden, and many other whistleblowers and reporters drew our attention to the secret criminal activities of our governments, in our names and against our democratic interests — Government Communications Headquarters (GCHQ) translator and analyst Katharine Gun refused to stay silent, non-disclosure agreement or not, while her country was “special-friended” by the US into illegally going to war against Iraq.
Daniel Ellsberg, leaker of the Pentagon Papers that detailed the active US criminality of the Vietnam War, said of Gun’s leak that it was “The most extraordinary leak … of classified information that I’ve ever seen, and that definitely included and surpassed my own disclosure of top secret information.” Gun was trying to stop a war from starting, not end one.
The newly released Official Secrets is a docudrama that tells the story of Katharine Gun’s heroic decision to risk everything (career, marriage, freedom) to blow the whistle on Great Britain’s collusion in blackmailing UN Security Council members into supporting an illegal war (the US and the UK knew there were no WMDs) against Iraq in the spring of 2003.
The US was looking for “legal” cover and was willing to use the NSA and GCHQ’s extraordinary surveillance abilities to find kompromat on UN members to force them to vote Yes on war. This is war criminality — the kind the UN was established to prevent and punish.
Official Secrets is directed by Gavin Hood, whose last major film was the British surveillance thriller Eye in the Sky (2015). The film stars Keira Knightley, MyAnna Buring, and Ralph Fiennes. It is one of those must-see films that seems almost impossible to find. Cinema runs seem limited. It’s available through Apple, Amazon, and Vudu — but, of course, online, your viewing is duly noted and databased.
In a flashback, very early in the film, we see Gun lounging at home watching British journalist David Frost interview Prime Minister Tony Blair. Frost is pushing Blair to come clean about war path allegations that Saddam Hussein has weapons of mass destruction, and therefore represents a clear and present danger to America and her allies.
The film has very effective editing. Once the viewer is reminded of Blair’s criminal collusion with the Bush administration about WMD in Iraq months before the invasion and Gun (Knightley) is heard shouting from the couch in protest of Blair’s lies, we cut to the GCHQ office Gun works in and watch as she reads, for the first time, the document she will leak to the press. The scene enacts two colleagues unhappy with the contents of the document from the NSA, and the first stir of conscience for Gun.
As the memo indicates, the push to go to war with Iraq in 2003 brought in a variety of actors, including “good guys” like Colin Powell, whose favorability among the American populace — Democrats and Republicans alike — was leveraged; he was the lipstick on the flying pig. Still unaccountably, he allowed himself to be the “credible” salesman for a criminal lie. It was a mistake that cost him the chance to be the first black American president. (Even during the 2016 presidential election, three electors ignored the public vote and chose him for president. Which tells you something about the electoral college process.)
There are a lot of anxious moments depicted in the film — people just not knowing what to do: friends are afraid of being caught up in a situation that could amount to treason; Gun’s husband, a Kurd, is threatened with deportation; newspaper staff fear giving up a cozy relationship with the government; lawyers who tell their clients, “I think you might be fucked.” This is what the criminals exercise and leverage. All the people who signed on to do the right thing as friends, lovers, reporters, and lawyers wring their hands in anguish, while the lying leaders sleep. And Official Secrets makes certain that the viewer knows that the prospect of war with Iraq was “historically unpopular.” It’s a war crime from the onset.
After Gun secrets the NSA memo out of GCHQ, she calls a friend, Jasmine, who she knows has press contacts, so that she can get the word out. This is a poignant moment, because implicit is the proposition before the viewer: What would you do? And you can feel Jasmine and Gun’s terror at being caught.
Drake knows how Gun is feeling when it comes to the conflict she has between holding to her non-disclosure agreement and her responsibility to make government accountable for criminal behavior. In a 2014 interview with Federal News Network, Drake said: “Is your non-disclosure agreement, which involves what’s actually classified, does that somehow trump the Constitution and First Amendment? Is secrecy, in this case the trust, even if it’s misplaced where trust becomes loyalty and if you break loyalty, then you get punished, which is sort of like the Omerta pact?”
How the film depicts the press is amusing, suggesting a low level of interest in rocking the ship of state. An Observer journalist named Ed Vulliamy (played by Rhys Ifans) is already working on a lead that supports the suspicion that George W. Bush is aching for an excuse to polish off Saddam Hussein. Nobody wants to touch his copy at the then pro-war Observer. Heading back to the States to track his lead, Ed yells over his shoulder at colleagues, “We’re the press, for God’s sake, not a fucking PR agency for Tony Blair.” Hear, hear.
Later, once the memo gets to the Observer, they muddle over what to do, as the document has come not directly from a GCHQ source but through a notorious intermediary, casting doubt upon the veracity of the memo. When they finally run the story, it is pointed out by the Americans that the reproduced NSA memo uses British spelling (a secretary’s mistake, it turns out), making American media nervous about picking up on the Observer’s exclusive story. The story founders on the “typo” and causes high anxiety at the paper. Even Gun begins to fear that she risked everything for nothing. Before the news cycle spits out the shaky story, Gun confesses to GCHQ: “I did it. It was me.”
After that, Official Secrets moves toward Gun’s legal defense. The Official Secrets Act is further spelled out. The harsh realities of the non-disclosure agreements signed, amplified by the war with Iraq now underway and the indifference to Gun’s plea for understanding her rationale for whistleblowing, become apparent. In the end they come up with a plan: necessity defense.
The necessity defense is a difficult argument to make, because, among other things, the defendant has to make the case that their action clearly supersedes an executive decision, often built upon confidential information the defendant might not be privy to. The defense had to show that by changing the Official Secrets Act in 1989 the Thatcher administration essentially locked in immunity from criminal executive behavior in the future. Further, they could demonstrate that the invasion of Iraq, which the Blair government signed onto, was predicated upon lies (WMD). Further, the NSA memo, with its request for British intelligence-gathering on UN Security Council members, for the purposes of blackmail, left the government open to criminal responsibility for the doings in Iraq.
Gun’s case was dropped.
Gun’s experience and its aftermath raise a couple of important questions still relevant today. How do we strengthen whistleblower laws — internationally — so that otherwise decent, law-abiding government workers, like analyst Gun, are not forced by NDAs to become silent accessories to crime committed by their superiors? Gun was faced with having to live with doing nothing amid reports of the slaughter of Shock and Awe. Necessity defenses are not frivolous and should be an option for whistleblowers. Snowden would have a legitimate appeal to such a defense. Also, such trials should be held in neutral jurisdictions, such as The Hague. Real whistleblower trials are political events, not criminal.
Also, it should be noted that so much of what Snowden says in his memoir, Permanent Record, of his self-described Deep State career has the golden ring of truth to it. But his title says it all, really. The government wants to keep a permanent record — a dossier — on every person on the planet connected to the internet. (And the pressure is there to see just about everyone enrolled eventually.) As Snowden writes in Permanent Record:
At any time, the government could dig through the past communications of anyone it wanted to victimize in search of a crime (and everybody’s communications contain evidence of something). At any point, for all perpetuity, any new administration — any future rogue head of the NSA — could just show up to work and, as easily as flicking a switch, instantly track everybody with a phone or a computer, know who they were, where they were, what they were doing with whom, and what they had ever done in the past.
This is invasive surveillance capacity almost beyond belief: totally undemocratic, and all kinds of criminal. The NSA attempt to blackmail UN security council members is, as Gun knew, an example of their potential for evil deeds that nobody can stop.
The UK is saturated with surveillance cameras aimed at its population — by one estimate there are at least 4,200,000 cameras, or one for every 14 citizens. At one point you could sign on to a now-defunct service (Internet Eyes) to monitor activity online and be paid for it. It’s not just the UK though — in America, there is a site where you can sign up to become an online “deputized” set of eyes on the lookout for immigrants crossing the Mexican border. It’s even worse: another service invites presumably insomniac viewers to check out the live CCTV feeds from IP cameras around the world. We are becoming the beast with seven billion eyes.
Another important point Snowden makes in Permanent Record is that his is the first generation growing up in the post-9/11 world. A world of young people that has lived with mass surveillance its entire life. It has become normalized, institutionalized — a part of keeping Freedom “safe from harm.” Sounds sensible, but it’s scary — especially in the scoundrel patriotism it requires you to take refuge in. Thirty years after the fall of the Berlin Wall, former Stasi employees must look on at Five Eyes with envy. And we are in danger of getting to that point we see in another film, The Lives of Others, portraying the sinister brutalities of the Stasi, where the logic of our imprisonment is expressed as a contradiction in our introjected daily interrogation by the algorithms of our collective demise.
Meanwhile, speaking of smoking guns, Donald J. Trump continues to dog-whistle his basket-case full of deplorable supporters as he publicly savages the whistleblower who may spell his demise and lead to his impeachment. The unleashed press hounds are baying at the blood-red moon. Ukraine, not Russia, may bring his presidency down. And it remains to be seen whether the spy is a whistleblower or merely another a politically motivated leaker.
Official Secrets is the story of a hero. Like Snowden, Drake, Manning, and all the others who brought attention, at great risk to themselves, we need — of all things — more vigilance when it comes to our freedom and privacy. For inspiration, see the film.