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Thomas Drake and John Kiriakou: Martyrs for rule of law or avoidable casualties of a broken system?

What do Thomas Drake, John Kiriakou, and their representative in GAP, Jesselyn Radack, have in common?

None went to the Office of Special Counsel when they blew the whistle.

Does it matter? Would it have mattered?

If you were faced with a crisis of conscience at work – if your employer was torching the Constitution, what would you do? Exhaust all reasonable channels before going public? Rush to the nearest newspaper outlet? I’m all for the higher moral principle argument: breaking an unjust law to save the rule of law, especially when the arsonists suffer no consequences.

But there’s still an open question that remains. Why didn’t they go to the only place that is external to their agencies and can provide them with confidentiality and forward their disclosures directly to Congress and the National Security Advisor?

Whether OSC would have done so is a different matter: that’s the “Scott Bloch argument.”

But Bush and company started shredding the Constitution when Clinton-appointee Elaine Kaplan was still the Special Counsel.

Did they know OSC could have accepted their disclosures? Did they even know of OSC?

This is more than who was Special Counsel at the time. It’s about the role of OSC within the national security scheme and its treatment by the establishment (including the NGOs). If it’s ignored for decades and gets treated like the ugly stepchild of the federal bureaucracy that nobody talks about, it can’t help the country when a rogue element in the White House turns its sights on the Constitution.

Seen from this perspective, it’s no wonder Drake and Kiriakou never went to OSC, and it’s no wonder they trashed their careers.

But you won’t hear this argument from Radack, who did exactly what they did, and suffered for it, albeit without the threat of jail time.

Nor can she talk about it without making things uncomfortable for her colleagues, who helped stand up OSC and are responsible, in the veal pen sense, for what OSC is and is not.

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