Ben Wizner (born 1971) is an American lawyer, writer, and
civil liberties advocate with the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
.
Since July 2013, he has been the lead attorney of
NSA whistleblower Edward Snowden.
Education and personal life
Wizner was born in 1971 in
New Haven, Connecticut
New Haven is a city of the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound. With a population of 135,081 as determined by the 2020 United States census, 2020 U.S. census, New Haven is List ...
, and grew up on the campus of
Yale University
Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
, where his father,
Stephen Wizner, is a professor of law at
Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
and his mother is a dean.
[ In New Haven, he attended Hopkins School. He has described being drawn to social justice work from at least as early as high school; after graduating ]Harvard College
Harvard College is the undergraduate education, undergraduate college of Harvard University, a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Part of the Harvard Faculty of Arts and Scienc ...
in 1993, he worked for an organization that provided legal assistance to homeless
Homelessness, also known as houselessness or being unhoused or unsheltered, is the condition of lacking stable, safe, and functional housing. It includes living on the streets, moving between temporary accommodation with family or friends, liv ...
and near-homeless people. At New York University School of Law, he planned to work in legal services for impoverished communities, and on capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
cases. After graduating, he clerked for judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit.
Career
Wizner began working for the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
in Los Angeles in August 2001, initially focusing on prison reform. Following the September 11 attacks, Wizner's focus shifted to civil liberties issues relating to U.S. national security
National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
. Around 2004, he moved to the ACLU's headquarters in New York City. There, he argued legal cases relating to airport security, government watchlists, surveillance
Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as ...
practices, targeted killing
Targeted killing is a form of assassination carried out by governments Extrajudicial killing, outside a judicial procedure or a battlefield.
Since the late 20th century, the legal status of targeted killing has become a subject of contention wit ...
, extraordinary rendition
Extraordinary rendition is a euphemism, euphemistically-named policy of state-sponsored abduction in a foreign jurisdiction and transfer to a third state. The best-known use of extraordinary rendition is in a United States-led program during th ...
, and torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
. He made several trips to the Guantanamo Bay detention camp
The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
. Many of the cases Wizner took were dismissed; he later commented that "on the worst days, I believed that what we were doing ... wasn't litigation in the traditional sense. It wasn't trying to get a court to do something, it was creating a record so that ... people would be able to look back and decide whether it had been the right decision or a disastrous decision."
Starting in 2005, Wizner represented Khalid El-Masri, a German citizen arrested while travelling in Macedonia on suspicion of links to Al Qaeda, who was held by the CIA at a black site in Afghanistan for five months, despite evidence that he was the wrong person. El-Masri's suit was dismissed in the U.S. on grounds of state secrecy, though the CIA ultimately admitted to making a mistake, in a report released by the U.S. Senate. The European Court of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
ruled against Macedonia in the case.
In 2011, Wizner became director of the ACLU's Speech, Privacy, and Technology Project.
Wizner is an adjunct professor at New York University School of Law. He is a contributor to the website '' Lawfare'', has written for ''Time
Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'', the Freedom of the Press Foundation, and several other media outlets, and has testified before the U.S. Congress. He has regularly appeared on television news and analysis programs, including '' Democracy Now!'', '' Meet the Press'', and '' Politicking with Larry King''.
Work with Snowden
In 2013, Edward Snowden contacted journalist Glenn Greenwald and filmmaker Laura Poitras, longtime acquaintances of Wizner, about releasing classified information on NSA programs. Poitras consulted with Wizner before travelling to meet Snowden in Hong Kong. Greenwald later put Wizner into contact with Snowden in July 2013, when Snowden was stranded in the transit zone in Moscow, his passport having been revoked by the U.S. Government. Wizner and Snowden exchanged encrypted communications during this time.
Snowden's legal team also includes Jesselyn Radack, an advocate for whistleblowers; Wolfgang Kaleck, a European attorney; and attorneys with expertise in criminal and asylum law. The team works '' pro bono''[ to ensure Snowden's continued freedom and ability to contribute to the public conversation he began with his disclosures.] Wizner describes being a "gatekeeper" of media requests for Snowden. He has said that he believes Snowden will return to the U.S. eventually.
Wizner has called the Snowden case "the work of a lifetime" and "not traditional legal work, by any means". He had previously spent a decade trying to bring cases against U.S. intelligence agencies, with these cases often dismissed for lack of standing
Standing, also referred to as orthostasis, is a position in which the body is held in an upright (orthostatic) position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the ...
. With Snowden's revelations about Verizon delivering metadata
Metadata (or metainformation) is "data that provides information about other data", but not the content of the data itself, such as the text of a message or the image itself. There are many distinct types of metadata, including:
* Descriptive ...
to the U.S. government, the ACLU had standing to sue.
As a result of his work with Snowden, the ''New York Times Magazine'' declared that Wizner "has become a figure of not insignificant geopolitical importance."
Public comments
Wizner has defended a right to privacy, and has been critical of the use of extensive surveillance to enforce law. He has highlighted the role of lawbreaking in positive social change, pointing to the LGBT
LGBTQ people are individuals who are lesbian, gay, bisexual, transgender, queer, or questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, asexual, aromantic, agender, and other individuals. The gro ...
civil rights movement and drug prohibition as areas where illegal activities have contributed to positive changes in the law and public opinion. In speaking on the U.S. intelligence apparatus, he has said that "the NSA is not uniquely evil, it's uniquely capable."
Wizner has forcefully defended Snowden against calls for his punishment, stating that he broke the law for the public good, and noting that no elected officials have been held criminally liable for torture and other human rights violations since 9/11.
Following the April 2019 arrest of WikiLeaks founder Julian Assange
Julian Paul Assange ( ; Hawkins; born 3 July 1971) is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. He came to international attention in 2010 after WikiLeaks published a series of News leak, leaks from Chels ...
in London's Ecuadorian Embassy, Ben Wizner said that if authorities were to prosecute Assange "for violating U.S. secrecy laws twould set an especially dangerous precedent for U.S. journalists, who routinely violate foreign secrecy laws to deliver information vital to the public's interest."
References
{{DEFAULTSORT:Wizner, Ben
American Civil Liberties Union people
American civil rights lawyers
Edward Snowden
21st-century American lawyers
Harvard College alumni
New York University School of Law alumni
1971 births
Living people
Lawyers from New Haven, Connecticut