A photojournalist, distressed that a "State
Department" official has been examining his unpublished photographs, files
a flurry of FOIAs in an effort to find out what's up.
By Jeremy Bigwood From AJR, July/August
2001
IN THE FILM "UNDER FIRE," the lead
character is a photojournalist who goes behind the lines in Nicaragua with
the Sandinistas, guerrillas fighting the U.S.-backed regime in power. To
gain that access, the journalist first had to convince the Sandinistas
that the images he was taking in their secret base camps would be used
only to tell their story. He was horrified to later learn that the CIA had
gained access to his images and that Nicaraguan security forces were using
them to identify and kill the same people whose trust he had engendered.
Life imitated art for me in the late
1980s when I was a freelance photojournalist based in San Salvador. I
air-freighted hundreds of undeveloped rolls of film to the New York office
of Gamma Liaison, one of the world's top photo agencies. This was the most
exciting and stimulating work I have ever done. The agency sold my color
slide pictures to magazines including Time, Newsweek, U.S. News &
World Report, Der Spiegel and Der Stern. (I also shot black-and-white and
color print images for newspapers including San Francisco's Chronicle and
Examiner, the Los Angeles Times, Washington Post and Boston Globe.) From
1984 to 1994, I regularly covered El Salvador, Honduras, Nicaragua,
Guatemala and southern Mexico. I kept a
post office box in the United States and picked up my mail there about
every three to six months. In October 1988, I was surprised to see "U.S.
dept. of" listed under publication name on my check stub for my only sale
in August, a "lost slide." The image was of Salvadoran President José
Napoleon Duarte and a Salvadoran police general, Carlos Eugenio Vides
Casanova. (Vides Casanova was recently acquitted in U.S. civil court of
having ordered the 1980 rape and murder of three American Catholic nuns
and one missionary.) I was not so upset about losing the slide. But what
was the U.S. government doing with my images?
El Salvador was in its eighth year of
civil war. The United States was backing the Salvadoran government against
leftist rebels and giving the military more than $1 million a day in aid.
I cashed my fee to fly from Seattle to New York to find out who was
accessing my slides. I was stunned at
what I learned. By examining the list of clients who had checked out the
images on the manila envelopes containing the "shoots," it became clear
that every one of my pictures since 1984--thousands of color slides from
throughout Central America--had been checked out and removed from Gamma by
a U.S. government official who claimed to represent the State Department.
The official removed them through a research fee arrangement that was
common in the business. Photo agency clients such as Time and Newsweek
routinely paid a $45 one-time fee to have in-house researchers check out
images of a particular subject. They were sent by courier to their
publication offices, where their photo desk would decide whether they
wanted to purchase the rights to publish any of them. Gamma kept the full
$45 research fee, as was standard practice. Until a check for publication
or a lost slide was issued, the photographer had no idea who was reviewing
the images. The State Department was
examining and removing my slides under the same arrangement, but it made
it easier for Gamma by sending a representative there at least once a
week. After going through my stock, I perused my colleagues' to see if
their work had been checked out by State. Indeed, the department had also
reviewed and taken out the images of Paulo Bosio, who covered Nicaragua,
and the late John Hoagland, my Gamma predecessor in El Salvador. (He was
killed covering a firefight in 1984.) As
I walked out of the office, I ran into an acquaintance, one of Gamma's New
York photographers. He said that everyone in the agency knew the State
Department representative, "a very nice woman" named Mary Beth MacDonald.
The next day I met with Gamma's executive director at the New York office,
Jennifer Coley. She explained that MacDonald came by every week to check
out many photographers' images and send them to the State Department, and
had been doing so for years. What she was doing was completely legal.
Coley offered me the option to make my images off-limits to the State
Department if I wished, and I did so. But even though my photos were
marked "No Government Perusal or Use," MacDonald could have ignored that
request because she went through the files unsupervised, said Gamma's
Allen Stephens.
I RETURNED TO EL SALVADOR in
late October 1988. Over the next four months, I traveled from El Salvador
to Honduras, Nicaragua and Guatemala and spoke with many fellow
photographers. More than a few told me that the State Department was no
different from any other client and that there was no cause for alarm. Any
news about the matter would only make their already dangerous jobs even
more unsafe, they argued. One American photo agency photographer based in
Nicaragua told me that he already knew about the practice and that I
shouldn't worry about it. "It's all just a part of doing business," he
said. But I was thoroughly disquieted by
the implications. It would have been much different had I been a wire
service photographer, who only sent a couple of edited images of a given
event. But I was sending entire rolls of film, lots of them, that could be
seen by a U.S. government representative before I would see them, let
alone edit them. It would be the equivalent of a reporter turning over his
notes. The issue here was not that the
government could view published pictures. It was the sheer mass of
unedited film that concerned me. By analyzing the sequence of photographs,
someone could see where I had been and whom I had talked to. This could
have been dangerous for the people I had photographed. It was no secret
that the same government that was analyzing my photographs was
underwriting the elimination of many of the people I was photographing,
often acting through proxies to do the dirty work. Had I been a poorly
paid, unwitting spy? I lived with two
colleagues who frequently accompanied me into Salvadoran rebel zones.
Frank Smyth reported for CBS radio and Tom Gibb for the BBC. They and
other San Salvador-based photojournalists were alarmed to learn that the
U.S. government was reviewing Gamma's images. We all knew that news of the
practice could put journalists at risk. They were slightly concerned about
what this might do to their safety and reputations as journalists, as they
had frequently traveled with me. But
Smyth and Gibb were far more worried about the ramifications of this
practice on journalism. If journalists unwittingly violated the tacit
agreement with their sources that they were independent, and ignored the
concept of protection of sources, they eventually would be considered
spies. And if they were perceived as spies, then they would eventually
only have access to one side in a conflict.
Because I still had my concerns, I
stopped sending the agency sensitive images, such as guerrilla
collaborators. To do that, I sometimes carried three cameras, making sure
I didn't shoot sensitive photos on the same film that I'd be sending to
the agency. Still, I felt violated. I
wondered if I had unknowingly put any of my previous subjects in danger.
Take my trips into Salvadoran guerrilla strongholds, where to gain access
I had earned the trust of many combatants and civilians alike. I had
images of one woman cooking and her children playing on the same rolls of
film that I had images of armed guerrillas--including her son and his
uncle. I had several pictures of scenery that would, in a small country
such as El Salvador, give away locations. Coming out of guerrilla zones, I
always feared that the Salvadoran military might try to confiscate my
film, as they had done with other photographers, so I routinely hid the
most sensitive rolls beneath the padding in the bottom of my camera bag.
Looking back, I realized that I began to
receive indications as early as the summer of 1987 that my film might be
getting into the wrong hands, despite my precautions. I had the
opportunity to travel with CIA-trained elite Salvadoran military forces
grouped into small units known as Long Range Reconnaissance Patrols, or PRALs given their Spanish acronym. The military press office told me that
I was the first photojournalist to shoot Salvadoran government PRALs (and
the last, it turned out). PRALs were known by their enemies as the most
dangerous government troops, using special weapons and often appearing
bearded and dressed as guerrillas. Even
though months passed before any of my photographs of them were published,
something surprising occurred just a few weeks after the PRAL shoot. An
employee of the Salvadoran military press office, Mauricio Miranda, told
me that my photos of the elite unit had been captioned incorrectly as
guerrillas. "How do you know?" I asked. He said he just knew and refused
to explain why. With the Salvadoran press office, one did not have the
option of making demands or using the Freedom of Information Act. They
controlled your access in the country--they controlled your career.
A few months later, and more than a year
before I learned about the State Department's access, I was photographing
a protest in front of the Salvadoran military High Command headquarters in
San Salvador by people whose family members had disappeared. I took tight
shots of the crowd and the riot police across the street before I walked
away to take a long shot of the scene. Three protesters walked up to me.
After brief introductions, one of them asked me who I was, who I was
taking pictures for and whether I was working for the U.S. government or
the CIA. Almost indignantly, I said that I worked for Gamma Liaison, a
journalistic outfit that sells its pictures to magazines worldwide, and
that it would not do business with the U.S. government. He seemed
satisfied, and they moved on. Not long
after the San Salvador demonstration, I ran into a European ambassador at
the airport whom I knew reasonably well. He had been a diplomatic observer
at recent peace talks between the Salvadoran government and the guerrillas
I had photographed. He told me, surprisingly, that my pictures of the
talks, along with the subsequent return of the insurgents to the
countryside, had come out well. I thanked him, thinking that he might have
seen some of the published images in Europe. But he added, "Do you know
who you are taking pictures for?" I asked him what he meant, and he smiled
and excused himself. I later asked a mutual friend of ours if she knew
what he meant. She indicated that she did, although she refused to tell
me. After my discovery at Gamma's New
York office a year later, however, the mystery became clear. While my
slides were now probably off-limits for U.S. government use, MacDonald no
doubt still enjoyed access to many photographers' pictures without their
knowledge. My colleagues and I debated what to do during the months
leading up to El Salvador's March 1989 presidential elections. Smyth was
writing a story for the Village Voice, and he told his editor, Dan
Bischoff, about MacDonald and Gamma Liaison. Bischoff assigned reporters
Bill Gifford and
Rick Hornung to the story.
The reporters reached MacDonald at the
Gamma office. She said she was working, according to the article, for the
State Department's Graphics Service office, which
Gifford and Hornung
reported had an unlisted number. MacDonald told them she regularly visited
Gamma Liaison and four other New York-based photo agencies, sending
"dozens of photographs to Washington each week."
"The agencies are very cooperative. They
just let me go in and look at their files. I take what I think is
interesting and send it down to Washington," MacDonald told the
Voice. She
added that the photographs she removed from the photo agencies were used
for various department publications, including State magazine.
THE MATTER CONTINUED to vex me
even after I finally left Central America in 1994. Later that year, I
reviewed every issue of State magazine that was archived at the library of
the University of Washington in Seattle. There were no color photographs
in any of its issues going back to World War II. (Color was added after I
did my research.) Moreover, most of the photos were taken by State
Department personnel of embassy events like going-away parties. There were
occasional images of department press conferences, but they were credited
to individual photographers probably hired by the government. I found no
pictures credited to any photo agencies. There were also a small number of
images, perhaps 20 over a 60-year period, from wire services.
So where were my images going? Former
Washington Post investigative reporter Ronald Kessler, in his 1992 book,
"Inside the CIA," reported that among all U.S. government agencies, only
the CIA is authorized to allow its employees to identify themselves in the
U.S. as representing other parts of the federal government. Was MacDonald
actually working for the CIA, and had she merely used the State
Department's "Graphics Service" as a cover? The payments to Gamma Liaison
were drawn on official checks from the U.S. Treasury Department. MacDonald
indeed represented some entity of the federal government, but which one?
I started to read more about the issue.
During and after the Church Committee hearings in the 1970s, it was
disclosed that certain press companies employing photojournalists had
relationships with the CIA and had also spied domestically for the FBI. In
a 1977 Rolling Stone article, Carl Bernstein wrote that during the 1950s
and '60s, "the Agency obtained carte-blanche borrowing privileges in the
photo libraries of literally dozens of American newspapers, magazines and
television outlets. For obvious reasons, the CIA also assigned high
priority to the recruitment of photojournalists, particularly
foreign-based members of network camera crews."
I filed more than 90 Freedom of
Information Act requests to 15 U.S. agencies to find out what I could
about the government's use of my images. Learning the minutiae of the FOIA
and the Privacy Act became a full-time job that lasted more than seven
years. The requests, to agencies including the State Department, Drug
Enforcement Administration, Defense Department and CIA, included requests
on specific photos only I could have taken and economic relations between
the U.S. government and photo agencies and the press in general.
I also filed the Privacy Act on myself,
which allowed me to ask for files that are held by the government on me. I
hoped that perhaps the entity receiving the images would have used my name
in a database and thus could be accessed. In addition, in order to
determine both the honesty and the nuances of each agency, I filed
fabricated FOIA requests that would sound plausible but actually
represented times and events that did not exist. I hoped to get all
"no-records" responses from these.
MacDonald was not listed as an employee
in several editions of the State Department's telephone book, and its
switchboard had no record of her, either. The State Department also has an
employee locator service to help find past and present employees. But the
service had no record of either a "Mary Beth MacDonald" or any other
conceivable spelling of her name.
Perhaps she was a State Department
contract employee, so I filed another FOIA to find out. MacDonald told the
Voice that she worked for the State Department's Graphics Service. There
was no Graphics Service listed there, but there was a Graphics Section,
which had an office in the basement of the department's main building in
Washington, D.C. One day, while at the
department on other business, I took the elevator to the basement and
eventually found the Graphics Section. The door was open. A woman inside
looked up from her work and said, "Hi." I told her exactly why I was there
and handed her a copy of the Village Voice article. She read it once
before rereading a part of it again. "It's not us," she said. She told me
that her office mainly produced invitations for various State Department
social gatherings, and that she had neither the space, the equipment, nor
the personnel to copy so many images. She had never heard of either Gamma
Liaison or MacDonald. Then she made a sweeping gesture with her hand and
said, "You need to look up the river"--an insider reference to CIA
headquarters, which are located in Virginia near the Potomac River.
Over the next few years, I began to
receive official responses to my FOIA requests. Various Defense Department
entities along with the National Security Agency, the Defense Intelligence
Agency, the DEA, the FBI and the United States Information Agency all
replied that they had "no records" pertaining to any of my requests. The
false FOIAs I had requested as a control also came back with "no-records"
responses, which led me to believe in the veracity of the FOIA offices I
was dealing with. The State Department
at first did not give me a clear answer to my requests asking if MacDonald
had ever worked there. At some time in the late 1990s, it cancelled my
FOIA on MacDonald without notifying me. When I found out, I immediately
made another request for the same information. After an exhaustive check
of all possible entities, the "no-records" response--meaning they had no
record of her ever working there--finally arrived in my mailbox in
December. That was seven years after I began filing the FOIAs.
Of the agencies I queried about
MacDonald, all gave me the "no records" reply except one--the CIA. The
agency said it couldn't tell me whether she worked there: "Section 6 of
the CIA Act of 1949 exempts from disclosure Œthe organization, functions,
names, official titles, salaries, or numbers of personnel employed by the
Agency'...[and] Subsection 102(d)(3) of the National Security Act of 1947
requires the Director of Central Intelligence to protect information
pertaining to intelligence sources from unauthorized disclosure." The
response later quoted exemptions (b)(1) and (b)(3) of the FOIA, which
allow the government to withhold material that is "in the interest of
national defense or foreign policy" and "properly classified pursuant to
such Executive order" and that "applies to the [CIA] Director's statutory
obligations to protect from disclosure intelligence sources and methods,
as well as the organization, functions, names, official titles, salaries
or numbers of personnel employed by the Agency."
The CIA also used exemptions to deny me
information about my photographs and the transactions between it and Gamma
(and also a well-known wire service).
Was MacDonald working for the CIA? We'll
probably never know for sure. Photo agency employees say she continued to
visit New York photo agencies into the mid-1990s. Tom Crispell, a CIA
spokesman, declined comment on MacDonald and the methods the agency uses
to get information. At the State Department, Bureau of Western Hemisphere
Affairs spokesman Wes Carrington said he can't say for sure if it has any
dealings with the photo agencies, and suggested that he would investigate
if there had ever been any such relationship. He then said: "Beyond filing
Freedom of Information Act requests, I got the impression that they--at
least the current people there now--didn't really have a way of going back
and checking." Gamma Liaison now is
called Getty Images News Services and is under new ownership. The agency
now mainly works with edited film sent through e-mail. Executive Editor
Georges DeKeerle says that if the issue came up again, "the U.S.
government would be a little more clever than that now, and they would
just use other parties. They would probably use a magazine or something.
They don't use media the way they used to do 20 years ago."
When I see the images in the newspapers
from the present Colombia counterinsurgency conflict, they remind me of my
images from Central America in the late 1980s. I hope that the U.S.
government/photo agency relationship will not be revived as we enter a new
war. And if it were to be revived, I wonder how many decades it would take
to find out about it, given the extreme lethargy of our most important
oversight tool--the Freedom of Information Act. |