Reality L. Winner,election hackingwhistleblower, hasbeen behind barsfor days.
Who is Reality Leigh Winner?
Reality Leigh Winner is a 25-year-old veteran who has dedicated her career to serving the United States. Prior to becoming a federal contractor, she served in the Air Force for 6 years, including as a language analyst — Winner speaks Pashto, Farsi, and Dari.
She was honored with the Air Force Commendation Medal, for members who have “distinguished themselves by meritorious achievement and service.” The award noted that she “provided over 1,900 hours of enemy intelligence exploitation and assisted in geolocating 120 enemy combatants.”
She has no criminal history. Her stepfather described her as “a patriot.” Her mother Billie Winner-Davis said, “She loves children. She loves animals … She’s not a threat to anyone.”
Outside of her work, she is a yoga instructor and dedicated social justice advocate who speaks out in defense of racial justice and human rights on social media.
The Best Description of Who Reality Winner is:
One of the better articles introducing us to Reality Winner was written by Kerry Howley for New York Magazine. The title is perhaps not so great for the top article on the first page.
After Reality Winners Sentencing, One of her Attorneys Speaks Out:
Defense attorney Titus Nichols, who was part of the team of attorneys that represented former NSA contractor Reality Winner, contends the Espionage Act makes it very difficult for a person accused of violating the law to defend themselves.
Winner plead guilty to one count of violating the Espionage Act when she disclosed an NSA report that alleged Russian hackers targeted United States voter registration systems in the 2016 election.
When the defendant attempts to discuss in court why they made the disclosure, the government attacks this effort. They will stand before a judge and argue whistleblower arguments should not be allowed to poison the minds of jurors.
“That was a hurdle we dealt with,” Nichols confirmed.
“There was no connection to Al Qaeda. There was no plan to flee the country. There was no scheme to hide money from the government. There were no additional documents … it didn’t make a difference in regard to bond being denied.”
“If someone were to be accused of the Espionage Act, what proper defense do they have? Like obviously, I’m a soldier, but I know that Espionage Act is not taught in military law school.”
Staging Reality Winner:
It recorded the moment in June 2017 when a fleet of federal agents entered Ms. Winner’s Georgia home, interrogated her and extracted a confession.
Ms. Satter’s experimental theater company, Half Straddle, has never before taken on a real-life subject.
Ms. Winner opens a window into a new kind of subculture: the banal office grind at the heart of the American security state, which has expanded relentlessly that thousands of otherwise ordinary Americans have insight into classified material.
And yet the play is grounded in the fact that this all really happened to a real person: a person who is in prison. (After pleading guilty to one felony count, Ms. Winner was sentenced to more than five years in August, the longest sentence ever imposed in federal court for such a leak.)
Playing Reality Winner: Turning an FBI Interrogation into Theater:
When the FBI interrogated NSA whistle blower Reality Winner for three hours on June 3, 2017, they recorded the whole thing. That transcript has now been turned into a play called “Is This a Room” that begins with the FBI approaching Winner for leaking a classified report about Russia’s attempts to hack the 2016 presidential election and ends with her arrest. Winner is now serving a 63 month sentence for violating the Espionage Act.
What did Reality Winner share with the media?
Reality Winner allegedly gave a classified document to The Intercept describing the attempted hacking of U.S. election infrastructure by the Russian government. According to The Intercept:
“Russian military intelligence executed a cyberattack on at least one U.S. voting software supplier and sent spear-phishing emails to more than 100 local election officials just days before last November’s presidential election, according to a highly classified intelligence report obtained by The Intercept…The report indicates that Russian hacking may have penetrated further into U.S. voting systems than was previously understood. It states unequivocally in its summary statement that it was Russian military intelligence, specifically the Russian General Staff Main Intelligence Directorate, or GRU, that conducted the cyber attacks described in the document…”
The document was vital to the public’s understanding of Russia’s attempt to influence U.S. elections, and helped drive home the importance of strong security, public auditing, and accountability in our election systems. This document belonged in public view and should never have been classified.
What is Reality Winner charged with?
Winner is charged with violating the Espionage Act of 1917, 18 U.S.C. § 793(e). According to this section of law, someone with access who transmits classified documents can face severe punishments if “the possessor has reason to believe” that the documents “could be used to the injury of the United States or to the advantage of any foreign nation.”
The Espionage Act, written over 100 years ago, was meant for spies and saboteurs, yet the US government has transformed a law in recent years in order to put leakers and whistleblowers in jail for giving information to journalists in order to inform the American public.
It’s impossible for a whistleblower charged under the Espionage Act to receive a fair trial, because they are denied an opportunity to explain why they shared documents and are prevented from ever discussing the harm—or lack thereof—suffered by the country as a result of the leaks. The importance of the documents to public discourse has been considered inadmissible in all cases brought in the modern era.
The vague language of the Espionage Act makes it ripe for abuse, making it a potential weapon against both whistleblowers as well as news outlets that publish leaked documents. Many civil liberties experts have questioned whether or not the Espionage Act would stand up to a First Amendment challenge.
PEN America on whistleblowers and free expression.
In June 2017 the DOJ filed a criminal complaint under the Espionage Act against Reality Winner, a federal contractor suspected of leaking an NSA document to The Intercept describing Russia’s attempts to hack the 2016 American election. Winner was denied bail because she was deemed “dangerous” to society after warning Americans about Russia’s interference (this is in sharp contrast to Paul Manafort, who was initially granted bail despite suspicions he colluded with the Russian government). Although a bi-partisan Senate Intelligence Committee report concluded that many state election officials learned about Russia’s hacking from the press—not the executive branch—and the main story about the hacking was based on the document Winner was accused of leaking, she probably would not have been allowed to mention this during her trial. Courts have historically refused to allow defendants facing Espionage Act charges to argue that their leaks were in the public interest, or mention their motive or any reforms that resulted from their disclosure. Faced with these obstacles and the possibility of a 10-year jail sentence, Winner recently agreed to a plea deal.
Reality Winner Is Latest To Face Prosecution Under Awful WW I Espionage Act. – ACLU:
As it stands, the Espionage Act makes NO distinction between a civic-minded whistleblower who releases something that should never have been classified and which reveals illegal government activities, and a spy who sells genuinely damaging documents to a foreign government for cash.
The blunt unfairness of the Espionage Act reflects its awful history. It was passed by Congress in June 1917, just two months after the United States entered World War 1, at a time of war fever, hyper-nationalism, repression of anti-war views, and the early stages of the The First Red Scare. The original law was expanded by Congress in May 1918 through the Sedition Act to cover a sweeping range of offenses. That act made it a crime to engage in “disloyal, profane, scurrilous, or abusive language” directed at the U.S. government, its armed forces, or the flag, or to “advocate, teach, defend, or suggest the doing of” various acts including “curtailment of production.”
In this era people were literally being thrown in prison just for writing letters to the editor. The Espionage and Sedition Acts were vigorously used by Woodrow Wilson’s Attorney General A. Mitchell Palmer and his young aide, a 24-year-old J. Edgar Hoover, to persecute left-wing activists and critics, and were integral to the Red Scare, including the violent Palmer Raids several years later in which ten thousand non-citizens were arrested and hundreds deported based on their political views and membership in organizations.
The Red Scare wound down in 1920, and Congress repealed the Sedition Act that year—but not the rest of the Espionage Act, which remains with us today, and in its fundamental bluntness and unfairness reflects the terrible time in which it was crafted.
As bad as it was, the Espionage Act lay dormant for many years. As my former colleague Gabe Rottman has laid out, before 2010 there were only four leakers prosecuted under the Espionage Act: two who had their charges dropped, one who was pardoned by President Clinton, and one who was sentenced to 10 months at a halfway house and 100 hours of community service. Beginning in 2010, however, eight have been charged under the act, including Chelsea Manning (sentenced to 35 years), Edward Snowden, and four others who received sentences of 13, 20, 30, and 43 months, respectively.
Now Winner has become the subject of the ninth Espionage Act prosecution, and is facing a sentence of 10 years in prison. She should have the right to have her case heard in accordance with the principles outlined above. The Espionage Act needs to be repealed and replaced with a fairer law.
What is Reality Winners Sentence?
Reality Leigh Winner was handed the harshest sentence of any American National Security whistleblower. Not only has she paid for her integrity and patriotism, but her family has as well. It has cost them dearly financially, and the emotional toll they have experienced is incalculable.
The sentence is 63 months in prison and 3 years of supervised release. Visitors are limited, mail is limited, and she was never afforded the time to work through military experiences that most service members who leave the military inevitably face.
Where can I find out more information?
Please click around this site. Use the Menus above to find the FAQ, Resources, News Archives, Press Advisory’s for upcoming actions, or crucially all of the official Court Documents where you can read for yourself how the Espionage Act has been used to deny due process. Click the social media links below to follow the campaign. Click on Take Action if you feel moved and would like to join us in advocating for a young acoladed military veteran named Reality Leah Winner. She has been silenced so we are speaking out on her behalf until she is free once again.
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