A smear job by the MoD


3:10 pm - February 6th 2009

by Conor Foley    


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Why has there been so little outrage about the smears and innuendo directed against Colonel Owen McNally and Rachel Reid in Afghanistan?

I wrote a piece about for CiF yesterday and Rachel Reid also has an article about it today. But yesterday, even the Guardian’s initial coverage seemed to accept the story at face value.

It appears that Colonel McNally was arrested for doing his job – that is giving an on-the-record briefing to a human rights researcher asking completely legitimate questions about civilian casualties from NATO air strikes.

As Rachel says:

I do not understand how these two meetings might have led the British government to accuse McNally of a serious crime that could lead to a hefty jail sentence, and why my government might want to see my reputation dragged through the mud, when I live in a country where a woman’s reputation can mean her life. The meetings seemed unexceptional. A QC retained by Human Rights Watch has confirmed that the kind of information I received is not covered by the Official Secrets Act.

There is nothing in the Human Rights Watch report that endangers national security, but the Official Secrets Act is so vague and sweeping that it is possible that some of the information that McNally supplied could have breached it.

We do not know if there is any other susbtance to the charges against Colonel McNally, but clearly whoever briefed the Times, the Sun and the Mail with the false allegation about his ‘friendship’ with Rachel was attempting to prejudice the case against him should it ever come to trial. The motivation seems to be to divert attention away from the contradictory statements put out by the US military about civilian casualties. As Rachel says:

I don’t know what the McNally case is really about. If I had to guess I would say senior US and UK defence officials are angry about our forensic dissection of the Pentagon’s investigation, which exposed reassurances about US and Nato commitments to avoid further civilian casualties as at least partially hollow

This seems to be a classic smear job and is reminiscent of the ‘outing’ of a CIA agent by the Bush administration in the run-up to the invasion of Iraq. Scooter Libby was eventually indicted for that.

What are the British liberal left doing to ensure that the leaker in the MoD gets held to account?

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About the author
Conor Foley is a regular contributor and humanitarian aid worker who has worked for a variety of organisations including Liberty, Amnesty International and the UN High Commissioner for Refugees. He currently lives and works in Brazil and is a research fellow at the Human Rights Law Centre at the University of Nottingham. His books include Combating Torture: a manual for judges and prosecutors and A Guide to Property Law in Afghanistan. Also at: Guardian CIF
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Story Filed Under: Blog ,Foreign affairs ,South Asia ,Westminster

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Reader comments


1. Conor Foley

“American generals in the Afghan capital Kabul were reported to be furious about the allegations.”

The Times Feb 4

American generals in capital Kabul are “seething” over the allegations.

The Sun Feb 4

“It has been reported that US military commanders are “seething” over the allegations that McNally may have been leaking classified information on this issue.”

Guardian Feb 5

It’s an outrage – agreed, but what can we do about it?

“whoever briefed the Times, the Sun and the Mail with the false allegation about his ‘friendship’ with Rachel ”

friendship or not. can;t see why this would be anyone’s business. Having said that :

“I would say senior US and UK defence officials are angry about our forensic dissection ..”

is it not that “special relationship” that is behind all the the prickliness.

wonder whether it is time for the UK to channel in that “special relationship” via the EU.

wonder whether it is time for the UK to channel in that “special relationship” via the EU.

correction:

wonder whether it is time for the UK to channel that “special relationship” via the EU.

5. Conor Foley

Parliamentary Questions and an EDM for starters.

If Colonel McNally is charged then his right to a fair trial has already been compromised. If not then his reputation and Rachel’s has been damaged (and their safety put at risk). The EDM can simply condemn the leaking and call for an inquiry.

It is clear that approval for the leak this must have come from fairly high up (since the information must have come from Afghanistan). The journalists are all UK-based and mainly seem to be defence reporters who will have got it from the MoD. They (and their editors) already know the answer who briefed them so they should be compelled to reveal it (assuming they have the same level of moral fibre as Andrew Gilligan).

Also, was there pressure for an arrest from the US military – which is what the reports seem to suggest?

The basic point is that McNally was just doing his job in briefing HRW. Who gave the order to destroy his life and why?

6. Andrew Adams

This is very serious – if the MoD is going to start smearing those who raise uncomfortable questions about its operations, and those people are working on the ground in the countries concerned, then it could put their lives at risk or at least destroy their careers.

I have posted a piece on my blog (which will raise awareness by about about two people) and I think we need to keep this story alive.

I’m not sure about the suggestion that the newspapers should be made to reveal their source though – I think it should be down to the MoD themselves to reveal it. I wouldn’t want to compromise the newspapers’ ability to keep their sources secret when they have a legitimate story from an unnamed source.

7. Fellow Traveller

Sounds like a Hollywood movie; queue Don Fontaine:

In a land ruled by the gun and the word of God…he was a man of war with a troubled conscience, she was the passionate young human rights activist…together, their love will change the destiny of a people….

8. Lee Griffin

I’ve already written too much to my MP this month, might as well write some more.

9. Conor Foley

Fellow Traveller: yeah, well MoD types think in cliches.

But think about this from any direction and you will see why it stinks so much.

1. Your scenario is true (ie they were having an affair and he passed on info). Well then that is an issue for the trial where the evidence can be tested in court. This point would be so central to the case and whoever leaked it now prejudices his right to a fair trial so massively that I can’t see how the case could proceed. If there was any evidence that he had done what was alleged then ensuring that he can be brought to trial is critical – so he can either clear his name or be punished.

2. What Rachel says is true (they met twice professionally and she interviewed him on the record in her official capacity). Then this is just a disgusting smear.

Either way the MoD have completely destroyed the life and career of a professional soldier who has devoted his entire life to serving his country – and presumably risked his life for it several times as well.

Why?

Maybe there is credible evidence that he did leak information or pass on documents (in which case, see one above).

Alternatively, maybe he inadvertantly breached the Official Secrets Act in the briefing that he gave. The problem with the OSA is that it is so vague and sweeping that it covers everything from issues of genuine national security to security issues that might embarass the government of the day. In this case perhaps the information that he gave embarassed the US military and they asked for action to be taken.

He currently has not been charged with an offence (which is why reporting restrictions do not apply) and is merely being ‘held on suspicion’ and ‘questioned’. If the MoD wanted to be seen to be doing something – to placate the Americans – but don’t really intend to bring charges then putting out a fake story of this type makes a lot of sense because the alternative would focus attention on the content of the briefing (ie what did he say that so embarassed the US military).

10. Sunder Katwala

Conor

I agree with you. I only caught up with this from Rachel Reid’s piece on the frontpage of yesterday’s Guardian, and she gave a Newsnight interview in which she was impressive (and a good deal more measured than I or many others might have been in similar circumstances).

There is a letter in today’s Guardian from the MoD director-general of media and communications which categorically denies the MoD had any role in giving her name to the media. It may be slightly less catergorical ‘we are not in the business of dragging anyone’s reputation through the mud’ as to whether MoD briefing had any role in the innuendo and smear, but is intended to be read as a denial of that too.

But this would leave some mystery about how the Sun, Mail and Times could all have quickly dug up this investigative scoop.

11. Conor Foley

Sunder,

Right, which only the newspapers know – so they need to be leaned on.

I get Andrew Adams point above, but it is only by leaning on them that the source can be identified. I don’t believe that all those newspapers could have come up with that story independently. The journalists were all UK-based Defence correspondents who have regular contact with the MoD (Audrey Gillan was embedded in Iraq and is always writing fluff/promo pieces for them). I would read the MoD denial in the same spirit as I would read the last sentence.

“That is why ISAF forces go to such extraordinary lengths to do just that in Afghanistan, even if, at times, it means exposing themselves to greater risk.” Errr right.

Where I agree with it is when Nick Gurr writes “Our sole focus in Afghanistan is explaining why our brave service men and women are there: because our national security interests demand that we stop the country once again becoming a haven for terrorists.”

That is what they should be doing – and not destroying the reputation of one of those brave servicemen. This story has caused absolute outrage in Afghanistan. Anything the Fabians can do to kick up a stink about it would be much appreciated. People who are asked by the government to put their lives on the line deserve better treatment than this.

12. Andrew Adams

I do think that the newspapers, particularly the Guardian which printed the MoD’s denial (maybe the others did as well) should just come out and say where they got Rachel Reid’s name from.

13. Sunder Katwala

On that I think I agree with Andrew: we get into the area of media protection of sources. I suspect its a dead end. But there needs to be more clarity about what the MoD did or did not brief

I suspect the issue is pushing Ministers, or Parliamentarians (though perhaps the defence select committee could try to quiz the journalists concerned too)

Have posted about it here
http://www.nextleft.org/2009/02/secrets-and-slurs.html

14. Andrew Adams

There is a new “revelation” in todays MoS. Apparently Col. McNally also gave information about civilian casualties to someone at the UN, although the report also makes it clear that this was actually part of his job, so I’m not sure exactly what the point of the story is. Oh, actually I do – it mentions he was also “friendly” with the UN worker, so it looks like another attempt to smear him for an inappropriate relationship.

15. Conor Foley

Hmmm I think I can guess who the UN worker in question is.

16. Conor Foley

Oh God almighty, they mean Norah Niland. She probably sits in a meeting with him at least once a week. That is their job FFS. Anyone of us could be arrested on that basis. As the article says:

‘The front door of the UN and the backdoor military compounds in Kabul are opposite each other and we all knew Seamus well. He gave us regular formal briefings on civilian casualty figures – that was his job.’

Another senior Kabul source questioned what Lt Col McNally had done wrong if he had revealed casualty details. The source said: ‘Are the British military saying that there are two sets of figures – one sanitised for the “hearts and minds” campaign and another more damning set of statistics showing that we are responsible for killing thousands of innocent people? Is McNally being investigated for revealing the truth?’

Indeed.


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