Teixeira's posts of classified material taken from the computers of the intelligence unit at the Cape Cod air base where he was stationed first appeared on Thug Shaker Central, a small, obscure chat group which appealed largely to teenage boys through adolescent humor, a fetishistic love of guns, and extreme bigotry. It was hosted on the gamer-centric platform Discord. At first, he posted transcribed documents, then began photographing hundreds more in his parents' kitchen and started uploading copies of them filled with secret materials on the U.S., its allies, and its enemies. Someone at Thug Shaker began sharing those posts more widely and they made their way to Russian Telegram channels, Twitter, and beyond -- and Teixeira was in big trouble.
Since he seems to have made no effort to hide who he was, no one could call him the world's smartest criminal. He made it all too easy for the FBI to track him down. By then, Air Force officials had already admonished him for making suspicious searches of classified intelligence networks, but allowed him to stay in his job. That's where the Justice Department charged him with the retention and transmission of classified information under the Espionage Act of 1917, which had already caught in its maw journalists, dissidents, whistleblowers (including Daniel Ellsberg, who, to the end of his life, wanted to challenge the act in court on First Amendment grounds), and most recently, another hoarder of classified documents, former President Donald Trump.
In June, Teixeira pleaded not guilty on six counts, each carrying a maximum penalty of 10 years in prison and a fine of up to $250,000. Probably just as happy to let the civilians handle it, the Air Force removed the intelligence division from his unit, but it hasn't yet brought charges against him.
Meanwhile, Secretary of Defense Lloyd Austin ordered a policy and procedure review to assess how bad Pentagon security really was. The results, made public on July 5th, gave the military a passing grade but, with a firm grasp of the obvious, recommended more careful monitoring of the online activities of personnel with security clearances.
Small Numbers, Outsized Impact
Rhetoric and regulations addressing extremism in the military date back to at least 1969 and have been tinkered with since, usually in response to hard-to-ignore events like the murder of 13 people at Fort Hood by Army psychiatrist Nidal Hasan in 2009. In reaction to the material Chelsea Manning (who was anything but an extremist) leaked to WikiLeaks to reveal human-rights abuses connected to the wars in Afghanistan and Iraq, the Department of Defense created a counter-insider threat program around 2014. Six years later, the Army revised its policies for the first time to face the potential role of social media in extremist activities.
Tracking and reporting on extremism in the military has not been without controversy, which tended to be of the let's-not-air-our-dirty-laundry-in-public variety. In 1986 when, for instance, the Southern Poverty Law Center informed the Department of Defense (DoD) that active-duty Marines were participating in the Ku Klux Klan, the Pentagon responded that the "DoD does not prohibit personnel from joining such organizations as the Ku Klux Klan." (It still doesn't name or ban specific organizations in its regulations.) And when, in 2009, a Department of Homeland Security assessment warned of right-wing extremists recruiting veterans, conservative politicians and veterans groups killed the report which, they claimed, was insulting to veterans.
Then came the invasion of the Capitol on January 6, 2021. A striking number of participants proved to have military connections or histories -- 13.4% to 17.5% of those charged, depending on who's counting -- and the Pentagon could no longer ignore the problem. Defense Secretary Austin ordered an unprecedented, day-long stand-down to educate all military personnel on extremist activity and then created the Countering Extremist Activity Working Group, or CEAWG, to come up with a plan for dealing with that anything-but-new reality.
It's not possible to pin down the true scope of the phenomenon, but the Center for Strategic and International Studies found active-duty and reserve personnel were linked to 7 of the 110 terrorist attacks and plots the FBI investigated in 2020. That same year, the New York Times estimated that active-duty military personnel and veterans accounted for at least 25% of antigovernment militias. In 2022, the Anti-Defamation League identified 117 active-duty service personnel and 11 reservists on a leaked membership list from the Oath Keepers, the far-right antigovernment militia prominently involved in January 6th events. CEAWG, on the other hand, claimed that, in 2021, there were fewer than 100 substantiated cases of military personnel involved in officially prohibited extremist activity in the past year.
While such reckonings suggest that just a small number of servicemembers are actively involved in extremist violence, even a relative few should be concerning for obvious reasons.
Report, Revise, Reconsider
Opportunities to identify and prevent extremism arise at three junctures: during recruitment, throughout the active-duty years, and in the discharge process when those transitioning back to civilian life may be especially susceptible to promises of camaraderie and ready action from extremist groups. As 2021 ended, the Pentagon's working group reported that it had addressed such vulnerabilities by standardizing questionnaires, clarifying definitions, and -- that old bureaucratic fallback -- commissioning a new study.
The revised rules included a long list of banned "extremist activities" and a long definition of what constitutes "active participation." In addition to the obvious -- violence, plans to overthrow the government, and the leaking of sensitive information -- prohibited acts include liking, sharing, or retweeting online content that supports extremist activities or encouraging DoD personnel to disobey lawful orders with the intention of disrupting military activities.
Active participation includes organizing, leading, or simply attending a meeting of an extremist group and distributing its literature on or off base. Commanders may declare places off-limits where "counseling, encouraging, or inciting Service members to refuse to perform duty or to desert" occurs. That also sounds like it could apply to gatherings of antiwar groups like Veterans for Peace, where supporting war resisters is part of their mission. And therein lies the rub.
As in the past, the updates focus on activity, rather than speech, which is a good thing, but figuring out how to suppress extremism without turning into the thought police is challenging, particularly in light of the prominence of social media and the impossibility of monitoring everyone's online activity. The result: regulations that are both too vague and too restrictive and a recipe for implementing the rules unfairly.
In military culture, reporting is often equated with snitching and retaliation is common. Since it's not practicable to draw bright lines between what's allowed and what isn't, that determination rests ultimately (and sometimes ominously) with commanders. The regulations urge them to balance First Amendment rights with "good order and discipline and national security." In reality, however, such decisions too often fall prey to bias, distrust, self-interest, racial disparities, and a history of bad faith.
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