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Drone warfare whistleblower sentenced to 45 months in prison for telling the American people the truth

Daniel Hale, a former intelligence analyst in the drone program for the Air Force who as a private contractor in 2013 leaked some 17 classified documents about drone strikes to the press, was sentenced today to 45 months in prison.
 
The documents, published by The Intercept on October 15, 2015, exposed that between January 2012 and February 2013, US special operations airstrikes killed more than 200 people. Of those, only 35 were the intended targets. For one five-month period of the operation, according to the documents, nearly 90 percent of the people killed in airstrikes were not the intended targets. The civilian dead, usually innocent bystanders, were routinely classified as “enemies killed in action. 

The Justice Department coerced Hale, who was deployed to Afghanistan in 2012, on March 31 to plead guilty to one count of violating the Espionage Act, a law passed in 1917 designed to prosecute those who passed on state secrets to a hostile power, not those who expose to the public government lies and crimes. Hale admitted as part of the plea deal to “retention and transmission of national security information” and leaking 11 classified documents to a journalist. If he had refused the plea deal, he could have spent 50 years in prison. 

The sentencing of Hale is one more potentially mortal blow to the freedom of the press.  It follows in the wake of the prosecutions and imprisonment of other whistleblowers under the Espionage Act including Chelsea Manning, Jeffrey Sterling, Thomas Drake and John Kiriakou, who spent two-and-a-half years in prison for exposing the routine torture of suspects held in black sites.  Those charged under the act are treated as if they were spies.  They are barred from explaining motivations and intent to the court. They cannot provide evidence to the court of the government lawlessness and war crimes they exposed.  
 
Prominent human rights organizations, such as the ACLU and PEN, along with mainstream publications, such as The New York Times and CNN, have largely remained silent about the prosecution of Hale. The group Stand with Daniel Hale has called on President Biden to pardon Hale and end the use of the Espionage Act to punish whistleblowers. It is also collecting donations for Hale’s legal fund. The bipartisan onslaught against the press — Barack Obama used the Espionage Act eight times against whistleblowers, more than all other previous administrations combined — by criminalizing those within the system who seek to inform the public is ominous for our democracy.  It is effectively extinguishing all investigations into the inner workings of power. 

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