I differed as a whistleblower to Snowden only in this respect: in accordance with the Intelligence Community Whistleblower Protection Act, I took my concerns up within the chain of command, to the very highest levels at the NSA, and then to Congress and the Department of Defense. I understand why Snowden has taken his course of action, because he's been following this for years: he's seen what's happened to other whistleblowers like me.
By following protocol, you get flagged – just for raising issues. You're identified as someone they don't like, someone not to be trusted. I was exposed early on because I was a material witness for two 9/11 congressional investigations. In closed testimony, I told them everything I knew – about Stellar Wind, billions of dollars in fraud, waste and abuse, and the critical intelligence, which the NSA had but did not disclose to other agencies, preventing vital action against known threats. If that intelligence had been shared, it may very well have prevented 9/11.
But as I found out later, none of the material evidence I disclosed went into the official record. It became a state secret even to give information of this kind to the 9/11 investigation.
I reached a point in early 2006 when I decided I would contact a reporter. I had the same level of security clearance as Snowden. If you look at the indictment from 2010, you can see that I was accused of causing "exceptionally grave damage to US national security". Despite allegations that I had tippy-top-secret documents, In fact, I had no classified information in my possession, and I disclosed none to the Baltimore Sun journalist during 2006 and 2007. But I got hammered: in November 2007, I was raided by a dozen armed FBI agents, when I was served with a search warrant. The nightmare had only just begun, including extensive physical and electronic surveillance.
In April 2008, in a secret meeting with the FBI, the chief prosecutor from the Department of Justice assigned to lead the prosecution said, "How would you like to spend the rest of your life in jail, Mr Drake?" – unless I co-operated with their multi-year, multimillion-dollar criminal leak investigation, launched in 2005 after the explosive New York Times article revealing for the first time the warrantless wiretapping operation. Two years later, they finally charged me with a ten felony count indictment, including five counts under the Espionage Act. I faced upwards of 35 years in prison.
In July 2011, after the government's case had collapsed under the weight of truth, I plead to a minor misdemeanor for "exceeding authorized use of a computer" under the Computer Fraud and Abuse Act – in exchange for the DOJ dropping all ten felony counts. I received as a sentence one year's probation and 240 hours of community service: I interviewed almost 50 veterans for the Library of Congress veterans history project. This was a rare, almost unprecedented, case of a government prosecution of a whistleblower ending in total defeat and failure.
So, the stakes for whistleblowers are incredibly high. The government has got its knives out: there's a massive manhunt for Snowden. They will use all their resources to hunt him down and every detail of his life will be turned inside out. They'll do everything they can to "bring him to justice" – already there are calls for the "traitor" to be "put away for life".
