Two time Pulitzer Prize-winning investigative journalist, Barton Gellman, thinks the House Intelligence Committee's report on Ed Snowden is a crock of shit. And he is absolutely right. The surveillance state is doing everything in its power to silence whistleblowers who are trying to exercise their 1st and 4th Amendment rights. Our Constitution is being shredded daily. Our Founding Fathers are rolling over in their graves. Snowden should be pardoned by President Obama . . . but that neoliberal coward doesn't want to confront the oligarchs who control him. Before he was elected, the President was adamant about protecting whistleblowers. And yet, the Obama Administration has the worse record of ANY President when it comes to prosecuting whistleblowers. Snowden gave up his life for us so we could know how our own government is violating our Constitutional rights. What are you doing to help him get home? These are exactly the issues I struggle with in my novel, 4o4 - A John Decker Thriller, about the surveillance state, recently listed as a Top Ten Amazon Bestseller in Technothrillers. For more on this story, visit The Century Foundation, a progressive, nonpartisan think tank that seeks to foster opportunity, reduce inequality, and promote security at home and abroad.

The House Intelligence Committeeâs Terrible, Horrible, Very Bad Snowden Report
Barton Gellman is a critically honored author, journalist, and blogger. His professional distinctions include two Pulitzer Prizes (individual and team), the George Polk Award, and Harvard's Goldsmith Prize for investigative reporting.
Late yesterday afternoon the House Permanent Select Committee on Intelligence released a three-page executive summary (four, if we count the splendid cover photo) of its two-year inquiry into Edward Snowdenâs National Security Agency (NSA) disclosures. On first reading, I described it as an âaggressively dishonestâ piece of work.
With a day or so to reflect on it, I believe itâs worse than that. The report is not only one-sided, not only incurious, not only contemptuous of fact.
It is trifling.
After twenty-five months of labor, the committeeâs âcomprehensive reviewâ of an immensely complex subject weighs in at thirty-six pages. (None of which we may read, because it âmust remain classified.â) I have graded college term papers that long. It is one more dispiriting commentary on the state of legislative oversight that the committeeâs twenty-two members, Republican and Democratic, were unanimous in signing their names.
A reminder at the outset. I am one of four journalists (with Laura Poitras, Glenn Greenwald, and Ewen MacAskill) who received classified archives of NSA documents from Snowden. I am writing a book on the subject for Penguin Press. Feel free to consider, as you read this, that my stories in The Washington Post played a role in the disclosures that the committee is at pains to denounce.
The real burden of this report, released on the eve of the premiere of Oliver Stoneâs Snowden film, is to offer a counter-narrative. An accompanying press release quotes committee members describing Snowden as âno hero,â ânot a patriot,â and âa traitor.â
Since Iâm on record claiming the report is dishonest, letâs skip straight to the fourth section. Thatâs the one that describes Snowden as âa serial exaggerator and fabricator,â with âa pattern of intentional lying.â Here is the evidence adduced for that finding, in its entirety.
âHe claimed to have left Army basic training because of broken legs when in fact he washed out because of shin splints.â
This is verifiably false for anyone who, as the committee asserts it did, performs a âclose review of Snowdenâs official employment records.â Snowdenâs Army paperwork, some of which I have examined, says he met the demanding standards of an 18X Special Forces recruit and mustered into the Army on June 3, 2004. The diagnosis that led to his discharge, on crutches, was bilateral tibial stress fractures.
âHe claimed to have obtained a high school degree equivalent when in fact he never did.â
I do not know how the committee could get this one wrong in good faith. According to the official Maryland State Department of Education test report, which I have reviewed, Snowden sat for the high school equivalency test on May 4, 2004. He needed a score of 2250 to pass. He scored 3550. His Diploma No. 269403 was dated June 2, 2004, the same month he would have graduated had he returned to Arundel High School after losing his sophomore year to mononucleosis. In the interim, he took courses at Anne Arundel Community College.
âHe claimed to have worked for the CIA as a âsenior advisor,â which was a gross exaggeration of his entry-level duties as a computer technician.â
Judge for yourself. Here are the three main roles Snowden played at the Central Intelligence Agency (CIA). (1) His entry level position, as a contractor, was system administrator (one among several) of the agencyâs Washington metropolitan area network. (2) After that he was selected for and spent six months in training as a telecommunications information security officer, responsible for all classified technology in U.S. embassies overseas. The CIA deployed him to Geneva under diplomatic cover, complete with an alias identity and a badge describing him as a State Department attache. (3) In his third CIA job, the title on his Dell business card was âsolutions consultant / cyber referentâ for the intelligence community writ largeâthe companyâs principal point of contact for cyber contracts and proposals. In that role, Snowden met regularly with the chiefs and deputy chiefs of the CIAâs technical branches to talk through their cutting edge computer needs.
âHe also doctored his performance evaluationsâ¦â
Truly deceptive, this. I will tell the story in my book. Suffice to say that Snowden discovered and reported a security hole in the CIAâs human resources intranet page. With his supervisorâs permission, he made a benign demonstration of how a hostile actor could take control. He did not change the content of his performance evaluation. He changed the way it displayed on screen.
â⦠and obtained new positions at NSA by exaggerating his resume and stealing the answers to an employment test.â
The first clause is too vague to check. The second seems to be based on an unsubstantiated public statement from Booz Allen vice chairman Mike McConnell. I cannot purport to know for sure, but I do know this. The exam in question is routinely given to freshly enlisted Navy and Air Force recruits to determine their aptitude for entry level âcomputer network operations.â Snowden was a Microsoft Certified Systems Engineer with years of experience under his belt by then. I canât explain why anyone thinks he would have to steal the answers.
âIn May 2013, Snowden informed his supervisor that he would be out of the office to receive treatment for worsening epilepsy. In reality, he was on his way to Hong Kong with stolen secrets.â
True! When Snowden decided to leave the NSA with a cache of documents for public release, he gave a false cover story for his absence.
Thatâs it. Thatâs the committeeâs whole case for Snowden as big fat liar. I wonât belabor the irony, but letâs note in passing that four of the six claims are egregiously false, and a fifth is hard to credit. We can only hope the classified report, which boasts 230 footnotes, has better evidence. If you know whether or not thatâs the case, feel free to let me know.
The reportâs executive summary also has plenty of misleading claims on other subjectsâa remarkable number, really, for just three pages. Most have been the stuff of tub-thumping denunciations for years. Snowden âfled to Russia.â Well, no. He tried to fly to Ecuador, and the U.S. government trapped him in the Moscow transit lounge by revoking his passport. Or ⦠Snowden could have relied on whistleblower protections. The Washington Post examined that proposition and found it largely incorrect. Or ⦠Snowden stole 1.5 million classified documents. In fact, the nationâs most senior intelligence officers, no admirers of Snowden, have repeatedly said they can only surmise the number. Then-Defense Intelligence Agency (DIA) Director Michael T. Flynn, who is now advising Donald Trump, said âwe assume that he tookâ every document he could reach. Then-NSA Director Keith Alexander said the agency could only count âwhat he touched, what he may have downloaded.â
Consider, next, the question of damage. I believe Snowdenâs disclosures did a lot more good than harm, but I do not share the view of some of his fans that he did no damage at all. Even so, what are we to make of Subcommittee Chairman Lynn Westmoreland? In language largely echoed by the official report, Westmoreland said Snowden âdid more damage to U.S. national security than any other individual in our nationâs history.â How about FBI agent Robert Hanssen, who helped the former Soviet Union roll up a whole U.S. espionage network and kill our agents? Or Julius Rosenberg, maybe, who only handed over plans for the atomic bomb? Or, as some would have it, George W. Bush, for the catastrophic choices he made in Iraq?
Another way to think on this is to ask, what counts as damage? Google, Microsoft, Yahoo, and others decided to encrypt the links between their data centers after my colleague Ashkan Soltani and I disclosed that the NSA wasbreaking into their private clouds. Now the NSA probably canât do that any more, or not as easily. It has to use legal process and approach the companies through the front door. Is that damage? Is that disconnected, as the committee implies, from any legitimate question of âprivacy or civil libertiesâ? Or are the new restrictions on surveillance a policy response to intelligence overreach?
Let me close with a dog that doesnât bark at all. The committee states, in its press release, that this report is aimed at examining âpost-Snowden reforms.â There is no discussion at all of reform when it comes to the powers, policies, and practices of surveillance. Only one reform is deemed worth mentioning, and here the committee judges the NSA harshly. There is âmore workâ to do, the committee says, to make sure its secrets are locked down tighter from now on.
Editorâs Note: Commentary has been updated as of September 18, 2016 changing âOr the Rosenbergs, maybe, who only handed over plans for the thermonuclear bomb?â to âOr Julius Rosenberg, maybe, who only handed over plans for the atomic bomb?â.
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