NEW YORK--I was in federal court here Friday for the sentencing of Jeremy Hammond to 10 years in prison for hacking into the computers of a private security firm that works on behalf of the government, including the Department of Homeland Security, and corporations such as Dow Chemical. In 2011 Hammond, now 28, released to the website WikiLeaks and Rolling Stone and other publications some 3 million emails from the Texas-based company Strategic Forecasting Inc., or Stratfor.
The sentence was one of the longest in U.S. history for hacking and the maximum the judge could impose under a plea agreement in the case. It was wildly disproportionate to the crime -- an act of nonviolent civil disobedience that championed the public good by exposing abuses of power by the government and a security firm. But the excessive sentence was the point. The corporate state, rapidly losing credibility and legitimacy, is lashing out like a wounded animal. It is frightened. It feels the heat from a rising flame of revolt. It is especially afraid of those such as Hammond who have the technical skills to break down electronic walls and expose the corrupt workings of power.
"People have a right to know what governments and corporations are doing behind closed doors," Hammond told me when we met in the Metropolitan Correctional Center in Manhattan about a week and a half before his sentencing.
I did not hope for justice from the court. Judge Loretta A. Preska is a member of the right-wing Federalist Society. And the hack into Stratfor gave the email address and disclosed the password of an account used for business by Preska's husband, Thomas Kavaler, a partner at the law firm Cahill Gordon & Reindel. Some emails of the firm's corporate clients, including Merrill Lynch, also were exposed. The National Lawyers Guild, because the judge's husband was a victim of the hack, filed a recusal motion that Preska, as chief judge of the U.S. District Court for the Southern District of New York, was able to deny. Her refusal to recuse herself allowed her to oversee a trial in which she had a huge conflict of interest.
The judge, who herself once was employed at Cahill Gordon & Reindel, fulminated from the bench about Hammond's "total lack of respect for the law." She read a laundry list of his arrests for acts of civil disobedience. She damned what she called his "unrepentant recidivism." She said: "These are not the actions of Martin Luther King, Nelson Mandela ... or even Daniel Ellsberg; there's nothing high-minded or public-spirited about causing mayhem" -- an odd analogy given that Mandela founded the armed wing of the African National Congress, was considered by South Africa's apartheid government and the United States government to be a terrorist and was vilified, along with King and Ellsberg, by the U.S. government.
She said there was a "desperate need to promote respect for the law" and a "need for adequate public deterrence." She read from transcripts of Hammond's conversations in Anonymous chat rooms in which he described the goal of hacking into Stratfor as "destroying the target, hoping for bankruptcy, collapse" and called for "maximum mayhem." She admonished him for releasing the unlisted phone number of a retired Arizona police official who allegedly received threatening phone calls afterward.
The judge imposed equally harsh measures that will take effect after Hammond's release from prison. She ordered that he be placed under three years of supervised control, be forbidden to use encryption or aliases online and submit to random searches of his computer equipment, person and home by police and any internal security agency without the necessity of a warrant. The judge said he was legally banned from having any contact with "electronic civil disobedience websites or organizations." By the time she had finished she had shredded all pretense of the rule of law.
The severe sentence -- Hammond will serve more time than the combined sentences of four men who were convicted in Britain for hacking related to the U.S. case -- was monumentally stupid for a judge seeking to protect the interest of the ruling class. The judicial lynching of Hammond required her to demonstrate a callous disregard for transparency and our right to privacy. It required her to ignore the disturbing information Hammond released showing that the government and Stratfor attempted to link nonviolent dissident groups, including some within Occupy, to terrorist organizations so peaceful dissidents could be prosecuted as terrorists. It required her to accept the frightening fact that intelligence agencies now work on behalf of corporations as well as the state. She also had to sidestep the fact that Hammond made no financial gain from the leak.
The sentencing converges with the state's persecution of Chelsea Manning, Edward Snowden, Julian Assange and Barrett Brown, along with Glenn Greenwald, Jacob Appelbaum, Laura Poitras and Sarah Harrison, four investigative journalists who are now in self-imposed exile from the United States. And as the numbers of our political prisoners and exiled dissidents mount, there is the unmistakable stench of tyranny.
This draconian sentence, like the draconian sentences of other whistle-blowers, will fan revolt. History bears this out. It will solidify the growing understanding that we must resort, if we want to effect real change, to unconventional tactics to thwart the mounting abuses by the corporate state. There is no hope, this sentencing shows, for redress from the judicial system, elected officials or the executive branch. Why should we respect a court system, or a governmental system, that shows no respect to us? Why should we abide by laws that serve only to protect criminals such as Wall Street thieves while leaving the rest of us exposed to abuse? Why should we continue to have faith in structures of power that deny us our most basic rights and civil liberties? Why should we be impoverished so the profits of big banks, corporations and hedge funds can swell?
No one will save us but ourselves. That was the real message sent out by the sentencing of Jeremy Hammond. And just as Hammond was inspired to act by the arrest of Chelsea (then Bradley) Manning, others will be inspired to act by Hammond and the actions taken against him. And we can thank Judge Preska for that.
Hammond is rooted in the Black Bloc. As he was escorted out of the courtroom on the ninth floor of the federal courthouse at 500 Pearl St. on Friday he shouted to roughly 100 people -- including a class of prim West Point cadets in their blue uniforms -- gathered there: "Long live Anonymous! Hurrah for anarchy!" In a statement he read in court he thanked "Free Anons, the Anonymous Solidarity Network [and] Anarchist Black Cross" for their roles in the fight against oppression.
Hammond has abandoned faith not only in traditional institutions, such as the courts, but nonviolent mass protest and civil disobedience, a point on which he and I diverge. But his analysis of corporate tyranny is correct. And the longer the state ruthlessly persecutes dissidents, the more the state ensures that those who oppose it will resort to radical responses including violence. "Those who make peaceful change impossible make violent change inevitable," John F. Kennedy said. And the corporate state is not only making peaceful change impossible but condemning it as terrorism.
In late October I spent an afternoon with Hammond in New York's Metropolitan Correctional Center, where he had been held for 20 months. He said during our conversation, parts of which his lawyer requested be published only after his sentencing, that he believed that the sole way the people will now have any power is to rise up physically and seize it. My column last week was about that interview, and now I am including previously withheld parts of the conversation.
Hammond defines himself as "an anarchist communist." He seeks to destroy capitalism and the centralized power of the corporate state. His revolutionary vision is "leaderless collectives based on free association, consensus, mutual aid, self-sufficiency and harmony with the environment." He embraces the classic tools of revolt, including mass protests, general strikes and boycotts. And he sees hacking and leaking as part of this resistance, tools not only to reveal the truths about these systems of corporate power but to "disrupt/destroy these systems entirely."
He participated in the Occupy movement in Chicago but found the politics of Occupy too vague and amorphous, a point on which I concur. He said Occupy lacked revolutionary vigor. He told me he did not support what he called the "dogmatic nonviolence doctrine" of many in the Occupy movement, calling it "needlessly limited and divisive." He rejects the idea of acts of civil disobedience that protesters know will lead to their arrest. "The point," he said, "is to carry out acts of resistance and not get caught."