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Thomas Drake Innocent of All Ten Original Charges

decora writes "NPR, and dozens of other media sources, are reporting that NSA IT whistleblower Thomas Andrews Drake is innocent of all 10 original charges against him; including the 5 Espionage Act charges for 'retention' of 'national defense information.' Drake stared down the government to the last minute, rejecting deal after deal, because he 'refused to plea bargain with the truth.' The judge had even recently ruled that there was no evidence that Drake passed classified information to a reporter. In the end, he has agreed that he committed a misdemeanor: 'unauthorized access to a computer.' It is unknown what this means for the other non-spy espionage cases that Obama's DOJ currently has pending (Kim, Sterling, Manning), or the Grand Jury that is currently meeting to discuss Espionage Act charges related to WikiLeaks."

7 of 243 comments (clear)

  1. Re:He's innocent? by dbIII · · Score: 4, Insightful

    It was enemies of the USA that wasted time and taxpayers money bringing him to trial in the first place - they just happen to be on the US payroll. They are not going to be happy and external forces are really not going to give a shit either way about a conveniently guy some lazy spooks grabbed because doing their real job requires too much hard work.

  2. Re:Not false. by Anonymous Coward · · Score: 5, Insightful

    They had no case. He was a source for Congress and others within our government on a massive NSA wiretapping program to make government recording all of our plaintext emails look like the the purest product of enlightenment and benevolence, probably the creepiest secret surveillance program of the modern era.

    Maybe NSA did have a case, but if they wanted to make that case, they would have had to admit that the allegations were essentially true. Unacceptable option.

    But even if the allegations were completely bogus, confirming that would be just as bad a leak in terms of exposing NSA's capabilities. Equally unacceptable option.

    It was a classic Catch-22. (Best catch there is.) Both sides get to walk away with a win: NSA keeps its secrets to itself, and Yossarian lives. Well-played on both sides.

    I saw a man upon a stair
    A man in court who wasn't there
    To testify for NSA.
    (The winning move was not to play.)

  3. Innocent? by Call+Me+Black+Cloud · · Score: 4, Insightful

    No one is reporting he is innocent. They reached a plea deal. The government dropped the 10 charges because a judge decided the prosecution would have to show classified material to the jury. Dropping the charges because you don't have enough evidence to make a case (i.e. without using classified material) is not the same as deciding he is innocent.

    1. Re:Innocent? by Rijnzael · · Score: 5, Insightful

      Yes it is; you're innocent until proven guilty, regardless of how much prosecutors, police, and the government don't want to believe it sometimes. If the government can't be burdened to prove that he's guilty, he's innocent.

  4. Embarrassing People in Power is Not Wise by schwit1 · · Score: 5, Insightful

    If you shine a light on government waste, incompetence or malfeasance be prepared for the government to use its unlimited checkbook and unaccountable law enforcement types to make your life a living hell.

    1. Re:Embarrassing People in Power is Not Wise by jd · · Score: 4, Insightful

      That's one reason Britain still has a House of Lords. You can't bribe 'em and you can't "disappear" 'em. It's also why Britain keeps trying to get rid of said House and replace it with one that you CAN bribe or vanish. As imperfect as it is (it would be better if it were a true meritocratic House), it has prevented some of the more spectacular abuses of power seen elsewhere. Not all, sure. England has more CCTV cameras than people, they totally failed to prevent any of the West Midlands Serious Crime Squad abuses, and so on.

      Nonetheless, the US' complete lack of any independent oversight or meritocratic branch is precisely why it was possible for the more gratuitous abuses to have taken place. Everyone in power needs to curry favour from everyone else in power far more than they need anything to actually work.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  5. Hooray for Mr. Drake by Taco+Cowboy · · Score: 4, Insightful

    America is turning into a police state.

    The authority is actually violating the laws in this case.

    Instead of innocent until proven guilty, the authority is using that "traitor" bait to paint Mr. Drake as if he is guilty of treason against the United States of America.

    Shame on Uncle Sam !!

    --
    Muchas Gracias, Señor Edward Snowden !