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Witness In Secret WikiLeaks Grand Jury Hearing Posts Transcript of Questioning

Sparrowvsrevolution writes "A year ago, free information advocate and Bradley Manning supporter David House was subpoenaed to testify in the grand jury investigation of WikiLeaks that's taking place in Alexandria, Virginia. Now he's released a transcript of his interrogation that he produced by taking handwritten notes on a legal pad and handing pages to his lawyer during their consultations. Though House pled the fifth and didn't tell the prosecutors much, the notes show the prosecution attorneys focusing their questions on Boston-area hackers as well as Tor developer and WikiLeaks supporter Jacob Appelbaum."

184 comments

  1. Contempt of Court? by eldavojohn · · Score: 5, Interesting
    I'm not a lawyer but from this part of the transcript on pastebin:

    Bob Wiechering: Mr. House, I notice you are taking notes. Attempting to create your own transcript is a violation of rule 6(e) of this grand jury. We have brought this to the attention of your counsel, and although he feels differently on the matter, we assert that you must stop taking notes at this time.
    David House: Let me consult with my attorney.
    [House leaves the grand jury room and returns one minute later]
    David House: My lawyer asks that you refer all questions about notes to him.

    It would seem that the rule in question now puts him in contempt of court? It appears to explicitly mention what is happening here. I wonder what his lawyer told him about taking these notes and then releasing them.

    --
    My work here is dung.
    1. Re:Contempt of Court? by Anonymous Coward · · Score: 5, Informative

      My reading of that doesn't seem to include the person actually being questioned.

    2. Re:Contempt of Court? by EasyTarget · · Score: 5, Insightful

      I wonder what his lawyer told him about taking these notes and then releasing them.

      I'm sure the lawyer told him what the law is.. So that he can then make his own decision as to whether to comply with a restriction on his freedom.

      I, for one, am glad that he followed what the constitution, and the basic principles of any truly free society, tells him instead.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    3. Re:Contempt of Court? by Sycraft-fu · · Score: 4, Informative

      I'm sure his lawyer told him not to.

      Now as to if he'll get in trouble, well I don't know. Witnesses aren't part of the grand jury secrecy rule. The jurors themselves, the court recorder, the prosecution, they all have to keep their mouths shut (until after it is all done). However the witnesses, not so much.

      However, he created a transcript, which may well put hi in violation. Though he wasn't the official recorder/transcriber, he was recording the proceedings. So that may have put him, or at least his notes, under the secrecy ruling.

      I don't know if there is any case law on this. They probably could try and get him in trouble for this. If they'd be successful, who knows?

    4. Re:Contempt of Court? by noh8rz5 · · Score: 0

      Jail them all, I say. I will not abide people that place this nation's security at risk, in order to prove some abstract nihilistic point. Information wants to be free!

    5. Re:Contempt of Court? by HungryHobo · · Score: 5, Informative

      IANAL but that seems to fail to name witnesses and defendents.

      (A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).

        Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:

      (i) a grand juror;

      (ii) an interpreter;

      (iii) a court reporter;

      (iv) an operator of a recording device;

      (v) a person who transcribes recorded testimony;

      (vi) an attorney for the government; or

      (vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).

      (ii) any government personnelâ"including those of a state, state subdivision, Indian tribe, or foreign governmentâ"that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or

      (iii) a person authorized by 18 U.S.C. Â3322.

      is he fall into any of those catagories?

    6. Re:Contempt of Court? by HungryHobo · · Score: 1

      I pasted that badly:

      the section starting "Unless these rules provide otherwise" is

      6(e)(2)(B)

      the section starting "any government personnel" is 6(e)(3)(A)(ii) and (iii)

    7. Re:Contempt of Court? by bersl2 · · Score: 1

      They'll argue he's bound by subsection (v).

      Of course, as powerful people keep learning: you can ruin a man's life over something he discloses, but there are no take-backsies.

    8. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      It would seem the judge was referring to "(iv) an operator of a recording device", the "device" in this case being pen and paper.

      Whether it bears any weight remains to be seen.

    9. Re:Contempt of Court? by __aaltlg1547 · · Score: 1

      6.e.2.B.v forbids disclosing any transcript of testimony. It would appear the government attorney was correct on the face of it, but if House is charged, it may be found that his record of his own testimony is protected speech.

    10. Re:Contempt of Court? by Runaway1956 · · Score: 1, Troll

      Alright - I admire Assange. I despise Manning. House? He's on the positive end of that scale. Anyone with the balls to tell a grand jury to go screw themselves deserves some respect. So - on a scale of 1 to 10, House deserves at least a 4, and probably more.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    11. Re:Contempt of Court? by ErroneousBee · · Score: 3, Insightful

      He is not transcribing recorded testimony, as in converting the recorders recording into another form.

      --
      **TODO** Steal someone elses sig.
    12. Re:Contempt of Court? by bsane · · Score: 2

      And thankfully there are a never ending stream of people willing to do so. When the that stops, we're doomed.

    13. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Grand jury secrecy is at least a few hundred years old bro, there is no new revelation about free speech coming to it.

    14. Re:Contempt of Court? by Anonymous Coward · · Score: 5, Insightful

      Why despise Manning. Sure, he didn't do as he was told and leave all the things in secrecy, but if somebody requests something bad of you, sometimes you really shouldn't do as told. Requesting you keep your mouth shut when you find a whole lot of things that are wrong is wrong. Ignoring something bad is nearly as bad as doing something bad. If we all ignore the wrong things because its our job we are doomed.

    15. Re:Contempt of Court? by gl4ss · · Score: 4, Insightful

      Well, I think that reads like "we disagree with your lawyer on your right to make notes of the proceedings".

      because his lawyer(counsel) feels differently on the matter. that means his lawyer was advising that he could take notes. notice how the court didn't actually stop him from making notes, they just made an empty threat - which makes it a pretty fucked up court proceeding worth transcribing. it just means that they weren't comfortable with anyone outside the court actually knowing what's going on and how the tax dollars are at work(tm).

      --
      world was created 5 seconds before this post as it is.
    16. Re:Contempt of Court? by Barefoot+Monkey · · Score: 1

      He's recording, not transcribing from a record, and I'm not sure if anything he wrote could honestly be considered actual "testimony". They might choose to consider writing on paper "operating a recording device" though.

    17. Re:Contempt of Court? by stanlyb · · Score: 1

      But if he intends to make a written sworn statement (affidavit), then he could write it all down, sign it, in front of the sworn person, and voila. He has a legal record of his witness heresay.

    18. Re:Contempt of Court? by wiredog · · Score: 1

      I suspect he falls into the category of "a person who transcribes recorded testimony"

    19. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      Wiechering was lying in an attempt to gain an upper hand in the questioning. Rule 6(e) places no restrictions on witnesses producing their own transcription, implies that there are those not bound to secrecy, and is explicit in who is bound. The exceptions under 6(e)(3) can only apply to those bound in 6(e)(2)(B), i.e. you can't restrict disclosure unless a condition of 6(e)(3) is met if the person was not already bound by 6(e)(2)(B)

    20. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Why despise Manning[?]

      Word. From my point of view, best to hop on the Free Bradley Manning bandwagon in order to meet women.

    21. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      They might choose to consider writing on paper "operating a recording device" though.

      Or maybe they'll consider using your brain "operating a recording device". :(

    22. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      It absolutely does not forbid disclosing "any transcript." Those words do not appear and can not be inferred. That rule applies to one who transcribes (tape) recorded testimony.

    23. Re:Contempt of Court? by cdrguru · · Score: 2, Insightful

      You are assuming Manning was completely aware of the content he was distributing. As in he reviewed it and found things that he felt should not be secret. I cannot imagine this course of action because the volume of material was just too great. What I'm sure he did was grab a huge pile of stuff he had no knowledge about and dumped it on someone else with the thought "there must be something juicy in here".

      If, however, he had picked out three or ten or even fifty documents and disclosed them he might have an argument for disclosing bad things that were improperly being kept secret. But millions of items? No, sorry, that was blind malicious behavior.

    24. Re:Contempt of Court? by tqk · · Score: 3, Interesting

      I admire Assange. I despise Manning. House? He's on the positive end of that scale.

      That seems fairly weird. Manning (allegedly) is the one whose conscience was in play. Manning decided his government was doing evil things and decided they needed to be outed. Assange designed the program that Manning (allegedly) used to do that. Manning (allegedly) did what Assange advocates, yet you admire the latter and despise the former?

      Where did you find that moral code of yours? In a box of CrackerJacks?

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    25. Re:Contempt of Court? by Richard_at_work · · Score: 1

      Unless the notes he took were as detailed as this:

      Record of proceedings
      As recorded by David House
      Grand Jury, Alexandria VA
      15 June 2011, 4:10pm to 5pm

      Inside the Grand Jury:
      DOJ Counterespionage Section: Attorney Patrick Murphy *
      DOJ Counterespionage Section: Attorney Deborah Curtis *
      Eastern District of Virginia: AUSA Bob Wiechering
      Eastern District of Virginia: AUSA Tracy McCormick
      Eastern District of Virginia: AUSA Karen Dunn
      Unspecified number of Grand Jurors
      Court Steganographer
      David House

      Directly outside the Grand Jury:
      Mike Condon, FBI Agent from Washington, D.C. field office
      James Farmer, Chief of Anti-Terrorism and National Security Unit at the U.S. Attorney’s Office in D. Mass
      Peter Krupp, David House’s attorney

      Record begins: 4:10pm
      [David House is sworn in and informed of his rights] ...

      (The first couple dozen lines from the transcription pointed to in the article).

      Then he transcribed from his notes into the more official transcription above.

      The transcription does not have to be from an audio, mechanical or visual recording, it can apply to expanding handwritten notes into a proper transcription.

    26. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      I think the key problem here is that he gave his word that he would keep those things marked "secret", well, secret. If he'd agreed to keep secret sensitive documents which didn't perturb his moral compass too much then I'm 100% with you but he agreed to keep it all secret. By leaking those documents he broke his word and, no matter the ends, this is deserving of significant contempt.

    27. Re:Contempt of Court? by poetmatt · · Score: 2

      He's not an official court transcriber, nor is he transcribing the recording. If they try to argue that he is (and prosecute him), then that means anyone can transcribe any case they are simply in the courtroom for. So either they let him go or acknowledge 1st amendment. I don't see any ways around that.

    28. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      "I'm sure his lawyer told him not to."

      I would instead be more sure that his lawyer informed him of the law. Precedent supports witnesses informing the public of grand jury proceedings. There is no obligation of a witness to maintain the secrecy of their own testimony.

    29. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      It's really hard to transcribe something that doesn't exist yet.

    30. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Silly troll... Go away!

    31. Re:Contempt of Court? by squentin · · Score: 2

      I like wikileaks, but Assange is a jerk, working with RussiaToday and pretending to fight for the truth, yeah right :(

    32. Re:Contempt of Court? by TemperedAlchemist · · Score: 2

      I doubt a judge would uphold that argument if it's based only on semantics. That whole spirit of the law is pretty big nowadays.

    33. Re:Contempt of Court? by sribe · · Score: 2

      It seems from the wording used, that they were trying to claim that his notepad and pen were "a recording device". This of course is complete bullshit, and would go nowhere fast if they actually tried such.

    34. Re:Contempt of Court? by NatasRevol · · Score: 1

      Is that a softball pitch for Godwining a thread?

      --
      There are two types of people in the world: Those who crave closure
    35. Re:Contempt of Court? by Skapare · · Score: 2

      The transcript notes are for the purposes of accuracy. Those preventing him from doing so would be personally responsible and liable for any inaccuracy.

      --
      now we need to go OSS in diesel cars
    36. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      The USA is barely 200 years old.

    37. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Oh, please. Manning was trying to be Mr. Hax0r. He got caught by bragging. Any "moral conscience" came into play as a defense ploy. OP may have gotten his moral code from Crackerjack, but yours is nothing but bad gas.

    38. Re:Contempt of Court? by Impy+the+Impiuos+Imp · · Score: 2

      I thought secrecy was required afterwards, too, the reason being that people being investigated shouldn't be smeared by questions asked, should charges not be brought.

      Also, just asking questions could tip off some other suspect.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    39. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Reading the legal reference it mentions towards the end that witnesses are exempt from the compulsion to secrecy and the man was a witness at the time in question. It seems like the state was bluffing the way I read that law and perhaps that is why he continued to make notes. Other portions of that law refer to transcripts. Notes are not transcripts as transcripts are a word for word copy of testimony. As usual the law is written in a complex way that sort of makes it less than what it was intended to be.

    40. Re:Contempt of Court? by cpu6502 · · Score: 4, Interesting

      >>>Attempting to create your own transcript is a violation of rule 6(e) of this grand jury

      They also claim we're not allowed to camera-record, audio-record, or pen-and-paper record our conversations with police/government officials. (And have arrested people for doing it and/or taking their property and erased them.) But the 1st Circuit Court of Appeals ruled in August 2011 that the Constitution is a higher law, and it clearly states the People have the inalienable right to freedom of speech and freedom of the press to record/discuss what the cops & government officials are doing to them.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    41. Re:Contempt of Court? by mepperpint · · Score: 1

      IANAL. One might argue that he qualifies under section (iv) on the basis that a pen and paper constitutes a 'recording device'. One might further argue that he qualifies under section (v) on the basis that converting his paper notes into electronic text constituted a transcription of the aforementioned recording. I think this is clearly nonsense and not the intent of the law, as these appear to be intended to cover those people employed by the court to perform these roles and not some individual who happened to engage in these practices while playing a role not on the list. I'd also note that (vi) explicitly limits itself to attorneys for the government and fails to gag attorneys for the witnesses. If note taking and posting is found to be illegal, perhaps we'll see a rise in demand for attorneys with eidetic memories.

    42. Re:Contempt of Court? by Thaelon · · Score: 1

      How can it be both blind and malicious? The two are mutually exclusive.

      --

      Question everything

    43. Re:Contempt of Court? by cpu6502 · · Score: 4, Insightful

      You're probably right, but on the flipside if it wasn't for Manning various families would still think their fathers/husbands were "missing" somewhere in Iraq. They would never have known that the U.S. military was covering-up the fact they killed those journalists and were hiding the evidence. I think any person who exposes a coverup of that magnitude deserves to be thanked. Just as we thank the people who exposed Watergate, Irangate, and the government guns being shipped to druglords in Mexico.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    44. Re:Contempt of Court? by Joe+U · · Score: 1

      From what I hear, most newspaper editors are jerks. Assange is just a modern editor.

    45. Re:Contempt of Court? by Nadaka · · Score: 2

      The most likely scenario is that Manning HAD seen a few things of note in the small % of the data that he did review. And released the whole thing assuming there was more to be found in a pile of data that one man could not review himself in any reasonable time frame. The amount of data involved was huge. It would literally have taken months or years for 1 man to review it all in his spare time.

    46. Re:Contempt of Court? by Nadaka · · Score: 2

      There are quite a few things in the data he released that perturb my moral compass too much.

    47. Re:Contempt of Court? by Hatta · · Score: 3, Interesting

      I thought secrecy was required afterwards, too, the reason being that people being investigated shouldn't be smeared by questions asked, should charges not be brought.

      You and I both know that's not really why grand juries are held in secret.

      --
      Give me Classic Slashdot or give me death!
    48. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Your post wonderfully proves the "nutjob zombie" point. It would be hard to ask for a more, "nut job zombie", reply than what you provided. Obviously, if anyone bothers to research Assange, they are a "piece of sh!t government stooge." Crazy much? No way it could possibly be that his own words, documented in video, strongly indicate he's a sociopath; or at least strong sociopathic tendancies. Which is odd as the press who have worked with him all say his incredably odd, with a massive ego and polititely stop at that in interviews. It also so happens those traits wonderfully correspond with classic sociopaths. And if you bother to read the press' reactions, this is pretty much their guarded opinion of Assange too, while attempting to maintain a working relationship.

      So please, stop raving like a crazy loon and face facts - you're an ignorant zombie and Assange is a crazy, nutjob, sociopath. Just because you surround yourself with other nutjobs does mean you're not a nutjob, nor does it mean Assange isn't a sick, deluded, sociopath.

    49. Re:Contempt of Court? by Beyond_GoodandEvil · · Score: 1

      Wow, the ladies in the pic look a little young, [Chris Hansen voice]Why don't you take a seat right over there[/Chris Hansen voice]. Also the dude in the picture has the douche tag moustache, so I'll pass thanks. Instead I'd recommend espionage charges for Pvt. Manning, and a long stay at Ft. Leavenworth upon successful conviction.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    50. Re:Contempt of Court? by KhabaLox · · Score: 3, Funny

      There is a difference between a public street and a Grand Jury room.

      --
      Ceci n'est pas un sig.
    51. Re:Contempt of Court? by Khyber · · Score: 1

      Try 236 years old - nowhere close to 'barely' 200 years old.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    52. Re:Contempt of Court? by sjames · · Score: 1

      When one makes such a promise, there is an implicit promise in the other direction that there is no criminal activity taking place. Criminal activity voids secrecy in such agreements.

    53. Re:Contempt of Court? by BBTaeKwonDo · · Score: 3, Insightful
      Right, especially given the description in 6(e)(1)

      Recording the Proceedings. Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device...

      Seeing as how subsection iv uses the same language:

      (iv) an operator of a recording device;

      Clearly the "recording device" in 6(e)(2)(B)(iv) mentioned is the same as the one in 6(e)(1). It should be pretty clear that (iv) was meant to apply to the person running the audio or video recorder when the proceedings are recorded instead of (or in addition to) using a court reporter.

    54. Re:Contempt of Court? by Khyber · · Score: 1

      I'm nowhere as ignorant as you.

      One of the benefits of being smart enough to hold a research director position.

      Go play in your fantasy torture world elsewhere.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    55. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      Why do these posts always devolve into "OMG HE BROKE THE LAW".

      I'm sure he doesn't give a shit if he is breaking the law or not. This is about freedom. Worrying about the law is for sheep.

    56. Re:Contempt of Court? by __aajgon4133 · · Score: 4, Informative

      This is correct. I used to be a court reporter. The section regarding "a person who transcribes recorded testimony" exists to cover the independent contractors who take audio recordings from the court reporter and do all the boring typing stuff for us. We have to proofread it against the audio again when we get it back before it can be certified as an official transcript.

      The contention that a witness can't take notes or can't share them afterwards is pretty remarkable.

    57. Re:Contempt of Court? by BitterOak · · Score: 1

      My reading of that doesn't seem to include the person actually being questioned.

      Item (v) under Rule 6(E)(2)(b): "a person who transcribes recorded testimony".

      It sounds like that was exactly what he was doing.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    58. Re:Contempt of Court? by GregNorc · · Score: 1
      That seems fairly weird. Manning (allegedly) is the one whose conscience was in play


      One could argue Manning simply wanted to screw over his employer. His employer happened to be the US army. If Manning had worked at McDonalds, maybe he'd just have taken some money from the till.
    59. Re:Contempt of Court? by Runaway1956 · · Score: 1

      Uhhhh - let's just check in with reality, alright? How many "journalists" were "disappeared"?

      I'm aware of only one. That one dude, the subject of the helicopter attack, who was EMBEDDED in an insurgent unit.

      If you have a list of journalists, I'd sure like to see that list.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    60. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      US legal tradition is based on English legal tradition, and the first English grand jury was held in 1166 in England and formalized in the Magna Carta.

    61. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      If you choose to be a whistleblower, what you disclose better hold up. Manning's revelations were a diplomatic embarrassment, but they did not reveal anything that justified Manning breaking his obligations as a member of the military.

    62. Re:Contempt of Court? by Runaway1956 · · Score: 1

      Exactly.

      I'll expand on that, a little.

      Given a half dozen incidents that indicated a trend on the government's part, Manning could have (and should have) contacted a congress critter. If Congress gave him no satisfaction, a "whistle blower" would have taken his facts outside of government, and exposed that trend. Such a person would be deserving of respect.

      As you rightfully point out, Manning had little, if any idea what those millions of pages of documents were all about. He maliciously distributed all that crap, with the intent of harming the government.

      Yes, he was both "blind" and "malicious", like a madman firing a shotgun into the dark, not caring who or what he might hit.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    63. Re:Contempt of Court? by Opie812 · · Score: 1

      We have the last 50 years of spiderman comics and movies as proof!

      --
      I'm not a nerd. Nerds are smart.
    64. Re:Contempt of Court? by rtb61 · · Score: 1

      Sorry but you shoot yourself in the foot right there, millions of items. On the Assumption that one Manning did as he was accused he with his brief perusal found criminal activity being hidden and, denied, blatant attempts by the government to pervert the course of justice and the more documents he reviewed the more incidents he came across. To make the idiotically childish claim that he can review millions of documents and then only release the ones that he believes contain evidence of the intent of various US government departments to pervert the course of justice. Obviously once the extent of lies and deceit was uncovered ie the preponderance of deceit as a percentage of the documents reviewed he had no choice but to release all documents to public preview in order to best assure justice be archived.

      Now in all the deceit exposed, all the criminal activity shown and all the attempts to pervert the course of justice, the one and only the that betrayer Barack Obama has chosen to pursue is the whistle blower, the one who exposed the lies, the criminal intent. Why, because it made the US look as bad as in reality it was and exposed the propaganda released by lying US administration after lying US administration.

      Really sick stuff, like yes we murdered a whole bunch of innocent people including children but we are going to lie about it becuase otherwise it will make as look bad and hurt the war effort, basically fuck justice, screw the innocent and if children have to burn to make the US look good, then they'll burn in the hundreds or even thousands.

      --
      Chaos - everything, everywhere, everywhen
    65. Re:Contempt of Court? by Captain.Abrecan · · Score: 0

      There shouldn't be.

    66. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      And what about the right of the accused to have a fair and impartial trial? Why does your right to be a dick override my right to a fair and impartial trial?

      Actually, flip that. Why does my right to be a dick override your right to a fair and impartial trial? Maybe since now I've demonstrated it as hurting you, you'll rethink your position (or at least provide a better reason than "we can film police in public, and I don't see how this is different").

    67. Re:Contempt of Court? by KhabaLox · · Score: 1

      Sure there should. There are legitimate reasons for security and privacy related to government proceedings. A grand jury session during which the existence of an active undercover operation (or where classified documents are discussed) should not necessarily be broadcast to the public. This is not to say that there shouldn't be proper checks and balances, with non-invested third parties auditing and/or overseeing such processes, but to make the argument that every Grand Jury should be 100% public is a bit naive.

      --
      Ceci n'est pas un sig.
    68. Re:Contempt of Court? by Anonymous Coward · · Score: 1

      That is why the people who do not witness are not allowed to share this information. But why would a witness have any restrictions imposed on him? He already knows the things he explains, and is not necessarily part of the whole grand jury session. If he knew about an undercover operation/classified documents, he probably already signed documents not to relay this information to a third party anyway. So the grand jury hearing as such does not need to swear him to secrecy.

    69. Re:Contempt of Court? by tqk · · Score: 1

      Oh, please. Manning was trying to be Mr. Hax0r.

      Oh please, yourself. His imbecile bosses put him in the position that a disgruntled kid had the keys to the kingdom, after he'd already told them he didn't even want to play. All of this is CYA to the Nth degree on the part of "the authoritays!" I feel for the kid. He shouldn't have been so trusting, but kids are by definition not schooled in all potential betrayal vectors.

      Yeah, he betrayed his oath of service, but I believe he was trying to do the right thing as he understood it. A soldier has an obligation to try to do the right thing if they can, and a lot of what they do leads them into very gray areas.

      Too bad he's Bradley Manning instead of Jason Bourne.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    70. Re:Contempt of Court? by tqk · · Score: 1

      That seems fairly weird. Manning (allegedly) is the one whose conscience was in play

      One could argue Manning simply wanted to screw over his employer.

      Just as easily, one could argue that Manning saw stuff that he just couldn't stomach, and felt honour bound to do something about it.

      I've been hitting the mute button for years any time Hillary Clinton shows up on the news. Manning was privy to her confidential emails. I'm pretty sure that would send me over the edge too.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    71. Re:Contempt of Court? by toastar · · Score: 2

      No, He Transcribed the conversation live, not from a recording.

    72. Re:Contempt of Court? by DaleSwanson · · Score: 1

      My reading of that doesn't seem to include the person actually being questioned.

      Item (v) under Rule 6(E)(2)(b): "a person who transcribes recorded testimony".

      It sounds like that was exactly what he was doing.

      I think that would be a person whose job it is to later transcribe the testimony that was recorded to a tape. He transcribed the testimony directly, not from a recording.

    73. Re:Contempt of Court? by Khith · · Score: 4, Informative

      Did not reveal anything? Only a diplomatic embarrassment? At least check Google or something before making a statement like that.

      You apparently haven't seen http://www.iraqwarlogs.com/, which is a good place to start. Also check out http://www.collateralmurder.com/.

      There's evidence of many war crimes committed by the US, not merely something embarrassing. Things like this NEED to be exposed, not hidden away with the reasoning of "You took an oath to keep it secret." Sometimes you have to break an oath if the ones who told you to keep quiet are doing evil things.

    74. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Hardly. The intersection of blind and malicious is just somewhere south of incompetent.

      Which was the case here.

    75. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      lawl. Is that how you see manning in your mind?

    76. Re:Contempt of Court? by aminorex · · Score: 1

      > That whole spirit of the law is pretty big nowadays.

      If by this you mean that the law appears to be possessed by the devil, yeah.

      --
      -I like my women like I like my tea: green-
    77. Re:Contempt of Court? by __aaltlg1547 · · Score: 1

      Yes. But the question is does it apply to a person who records HIS OWN TESTIMONY to the Grand Jury. This seems to get into the area where it might become protected speech. There's no rule that a person can't talk about his testimony to a GJ, and the 1st Amendment ought to protect it, given the Constitution has higher standing than any court rule. Logically in a showdown between the GJ rules and the 1st Amendment, the 1st Amendment would win. But judges do not like to be thwarted, so Mr. House is probably in trouble.

    78. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      Bob Wiechering: Mr. House, I notice you are taking notes

      House: You notice wrong, Mr. Wiechering. I'm taking vicodin.

    79. Re:Contempt of Court? by Anonymous Coward · · Score: 0

      "Security! Escort this "witness" to the Ministry of Love at once!"

    80. Re:Contempt of Court? by Raenex · · Score: 1

      I feel for the kid. He shouldn't have been so trusting, but kids are by definition not schooled in all potential betrayal vectors.

      He was an adult making adult decisions. Even at his young age he should have known that opening your mouth is the classic way to get caught, especially considering all the security flaws he mockingly pointed out in his coversaion with Lamo.

  2. This is just... boring by Anonymous Coward · · Score: 1, Informative

    We get it: powerful, corrupt people are annoyed that stuff about them is being revealed to the world, and they want to go through the justice theatre to silence those who leak information.

    If you play them at their game, they win.

    1. Re:This is just... boring by Anonymous Coward · · Score: 0

      Wow. I'm sorry that the violation of people's rights is not sufficiently entertaining to you.

      By all means, go back to watching whatever action movie you paused in order to come here and complain about how the world has wasted your time with its boring, complicated, real-life events.

    2. Re:This is just... boring by Lumpy · · Score: 4, Interesting

      You have to play by their rules or you get the worst possible outcome.

      Rule #1 - If they can do nasty things to you, NEVER EVER attach your name to things you do.
      Rule #2 - Never EVER talk about what you have done to anyone that can attach it to you. Talk anonomously via a secure and untraceable comms channel and for very BRIEF moments. I.E. you are trying to get the information to WikiLeaks, you spend less than 60 seconds asking questions and then go OFFLINE and do not use that path or even made up handle again.
      Rule #3 - Your computer is spying on you, Paranoia is key here even silly levels of paranoia. Better safe than sorry. USE a live CD on a laptop and spoof a MAC address just in case.

      Rule #4 - I don't care what anyone else calls it, It's espionage in their eyes. The people running the game have guns, they can point them at you and scream traitor. Keep this in mine every single second of the day.

      Bradley Manning was incredibly stupid. He was trying to get street cred in the Hax0r scene by bragging to a known Government Informant. Stupid him, epic stupid him.

      I don't care what others tell you, the guys that don't get caught use the above formula. The ones that get lazy or sloppy get caught. Ask Mitnick how he got caught.... he became complacent and lazy.

      If you cant live the lifestyle or walk the walk for the REST OF YOUR LIFE, then just dont do it.

      --
      Do not look at laser with remaining good eye.
    3. Re:This is just... boring by Instine · · Score: 1

      only those who get caught, get heard.

      --
      Because you can - or because you should?
    4. Re:This is just... boring by Tastecicles · · Score: 4, Interesting

      If they (the State, in this case acting as Prosecutor) want to fuck you up the arse, there is NOTHING you can do to prevent it.

      What you CAN do is not make their job easy. What you CAN do is make them spend money, because THAT is the limiting factor in their activities. What you CAN do is tell them to fuck off and that you will record what they say and obeying the maxim that for justice to be done it must be seen to be done, publish and be damned.

      --
      Operation Guillotine is in effect.
    5. Re:This is just... boring by bug1 · · Score: 1

      Bradley Manning was incredibly stupid. He was trying to get street cred in the Hax0r scene by bragging to a known Government Informant.

      He certainly got global "street cred" for what he alegedly did for transparency.

      I think a lot of honerable people would rather go down fighting the good fight, "lound and proud", rather then hiding in the shadows sinking to tactics of the enemy.

    6. Re:This is just... boring by Quiet_Desperation · · Score: 1

      So what have *you* done about it?

    7. Re:This is just... boring by Arancaytar · · Score: 1

      There are no "tactics of the enemy". There is only ethical behavior and unethical behavior.

      Acquiring secret information and passing it on is espionage, whether in the service of a government or the public good. There is nothing inherently dishonorable or unethical about espionage - unlike, for example, acts of violence against civilians - particularly when the information may help to save lives or end corruption. It is more honorable to do good while hiding in the shadows than to get caught and killed (or the bloodless equivalent thereof that Manning suffers). We need heroes, not martyrs.

    8. Re:This is just... boring by Shinobi · · Score: 4, Insightful

      And by following those rules, you have given them exactly what they want. You have given in to fear and oppression.

      As history teaches us, successful resistance comes not from anonymous cowards, it comes from people who stand up and say "I will not tolerate this anymore".

      Arab spring, Gandhi, workers rights fights, USA independence... All of them would have failed if the people involved had been anonymous cowards.

    9. Re:This is just... boring by Hatta · · Score: 2

      USA independence... All of them would have failed if the people involved had been anonymous cowards.

      Which also would have failed if none of the people involved had been anonymous. There are times to agitate openly, and times when it's better to do so in secret. Whatever works, do it.

      --
      Give me Classic Slashdot or give me death!
    10. Re:This is just... boring by Anonymous Coward · · Score: 0

      This. You can only make a public stand after your cause attains a certain critical mass. Otherwise, those in power can and will make you disappear and the public won't care enough to do anything about it. And yes, it happens to this day, even in the land of the free. Whether they shut you up with bribes, or blackmail, or lock you in a foreign prison, or just plain execute you in the street, it doesn't matter. All of the examples listed by Shinobi owe their success to countless anonymous voices.

    11. Re:This is just... boring by Shinobi · · Score: 1

      Erronous assumption. A critical and rational analysis leads to the conclusion that the anonymity was a negative. What made it work was that the Federalist was exclusively pushing for the federal policy, and thus of course wouldn't engage in critical debate, and there weren't too many critics who could afford their own presses...

      In this case, anonymity through a proxy actually served to enforce a specific political direction, while removing the ability to engage in a serious debate, by placing it in an arena which few could afford to participate in.

      Media shenanigans in politics is nothing new to our era.

    12. Re:This is just... boring by Shinobi · · Score: 1

      Wrong. The cause gains momentum by becoming public. If you keep it under cover, it only stays in a select circle. It's why censorship and suppression of open communication is so desireable to despots etc. Anonymous, covert communications simply restricts the spread, and prevents the gaining of critical mass. What made all the situations I mentioned able to reach critical mass was the fact that people stood up, said "Fuck this shit!", which let people see that there are indeed people not satisfied.

      First rule of all guerilla warfare, for example:
      A guerilla campaign can not succeed without the support of the local population. If the local population doesn't know who you are, what you stand for and that you'll treat them better than the ones they oppose do, they won't support you. The same principles apply in Hearts&mind operations.

      Ergo, principles that have been tried and found to be really effective in real life, and not based on ideology or misguided philosophical assumptions.

    13. Re:This is just... boring by jxander · · Score: 2

      Only those who get caught, get arrested and locked up in prison for the rest of their lives.

      I'm not going to weigh the morality of what Manning did, but there were much better methods to get the information out, rather than bragging to a known informant

      --
      This signature is false.
    14. Re:This is just... boring by metamatic · · Score: 1

      USA independence... All of them would have failed if the people involved had been anonymous cowards.

      You seem to be unaware that the people who organized the Boston Tea Party weren't merely anonymous cowards, but actually disguised themselves as American Indians.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    15. Re:This is just... boring by Shinobi · · Score: 1

      Boston Tea Party was just a single, tactical incident, where they used obfuscation(which is not the same as anonymity), and not a strategic or operational level where using anonymity would have failed. Compare with special ops using camo or plainclothes..

    16. Re:This is just... boring by ColdWetDog · · Score: 1

      Whoa there! How do you get your tin foil hat cinched on so tight?

      --
      Faster! Faster! Faster would be better!
    17. Re:This is just... boring by metamatic · · Score: 1

      Bradley Manning's data leak was a single tactical incident too.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    18. Re:This is just... boring by Shinobi · · Score: 1

      No, it wasn't. Given the data, and the amount of it, and the level it affects, is a strategic and political incident.

    19. Re:This is just... boring by metamatic · · Score: 1

      The Boston Tea Party involved an amazingly large number of tea leaves. That doesn't stop it from being a single incident.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    20. Re:This is just... boring by Anonymous Coward · · Score: 0

      FYI, by making them spend money... What you mean is spend other US citizens hard earned tax $. How fitting that these terd balls end up sucking more money out of our pockets after the stupid childish shit they pull.

    21. Re:This is just... boring by bug1 · · Score: 1

      There is nothing inherently dishonorable or unethical about espionage

      Espionage/Spying is amoungst the worst crimes on any countries books, usually punishable by death in countries that have the death penalty, but only when people do it to them, when they do it is ok.

      State run agencies that do this often have their own set of laws, allowing them to do things nobody else can, they operate in world of secrecy with minimal accountability or oversight. They exist to lie and decieve the general public.

      Its very nature is to violate the trust society places in authority, by what objective measure could it not be considered unethical ?

    22. Re:This is just... boring by Anonymous Coward · · Score: 0

      trust society places in authority

      Heh.

  3. Re:Oh by Soilworker · · Score: 0

    I INVOKE!

  4. A right way and a wrong way by tomhath · · Score: 0, Flamebait

    Investigative journalism is the right way to make public information that you think the should be known. Being a smart ass at a grand jury investigation is the wrong way.

    1. Re:A right way and a wrong way by mynamestolen · · Score: 0

      don't be a fuckwit

      --
      work in progress
    2. Re:A right way and a wrong way by jez9999 · · Score: 1

      And how exactly is an investigative journalist supposed to get a transcript of the court hearing? Sleep with the judge?

    3. Re:A right way and a wrong way by drinkypoo · · Score: 5, Insightful

      Investigative journalism is the right way to make public information that you think the should be known.

      Nobody invited a journalist to visit and record the proceedings, so this is the only way for the public's interest to be served. Another way would be to eliminate secret courts, and secret court proceedings, which is an absolute requirement if we want people to believe we're a democracy.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:A right way and a wrong way by Anonymous Coward · · Score: 1

      "being a smart ass" - that is a favorite phrase used by all uniformed thugs with badges any time their victims try to protect their rights by invoking the law.

    5. Re:A right way and a wrong way by StripedCow · · Score: 2

      Another way would be to eliminate secret courts, and secret court proceedings, which is an absolute requirement if we want people to believe we're a democracy.

      Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

      However, if the prosecutor is the public one, and the defendant agrees to an open court, then you might have a case.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    6. Re:A right way and a wrong way by JoshuaZ · · Score: 5, Insightful

      Actually, grand juries are on circumstance where secrecy makes sense. Grand juries don't convict people, they are responsible for deciding if there's sufficient evidence of a crime to go ahead with the prosecution. Keeping such hearing secret means that people are more willing to give information they might not want to give in open court if it is personally embarrassing or if it has a negative aspect to people they don't want to piss off. It also means that a prosecutor can't just use the threat of bringing someone in front of a jury where they'll air all the person's dirty laundry. Overall, the secrecy of grand juries helps the little guy.

    7. Re:A right way and a wrong way by crazyjj · · Score: 1

      The only thing a REAL American distrusts the government on is taxes. Only commies don't unquestioningly trust the government on every matter except raising taxes on the wealthy or corporations. Otherwise you should not ask any questions and let the government do anything it wants in secret. Only citizens should not be allowed any secrecy or privacy.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    8. Re:A right way and a wrong way by k(wi)r(kipedia) · · Score: 1

      Sleep with the judge?

      If s/he catches you, s/he can cite you for contempt.

      But isn't a grand jury hearing supposed to be in secret anyway? And merely one of the first steps in the prosecution of an alleged crime? I mean it's practically like demanding a transcript of the prosecutor's preparation for a case.

    9. Re:A right way and a wrong way by drinkypoo · · Score: 4, Insightful

      Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

      Marriage is a legal institution and the details aren't a secret in some states. Why should the details of the divorce be? If there is no public interest in marriage, why does it even exist as a legal institution at all?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:A right way and a wrong way by 228e2 · · Score: 2

      . . . Another way would be to eliminate secret courts, and secret court proceedings, which is an absolute requirement if we want people to believe we're a democracy.

      But . . . we arent a democracy . . . .

      --
      Since when does being a Socialist mean 'someone who has a different opinion than me'?
    11. Re:A right way and a wrong way by gl4ss · · Score: 1

      ..maybe divorce court proceedings shouldn't include gory details. why do you need proof of infidelity etc crap for getting a divorce? it should just need the person saying that he/she wants it - it's not a slavery contract.

      court proceedings possibly meaningful on national political level should of course be public, public like the sessions to discuss the laws to be made should be.

      --
      world was created 5 seconds before this post as it is.
    12. Re:A right way and a wrong way by garett_spencley · · Score: 5, Informative

      Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

      You're missing the difference between a civil suit and a criminal one.

      In a civil suit, two civilian (hence "civil") parties are in dispute and require the court's assistance in reaching a resolution. A divorce is a good example. (I will add as a footnote that, at least here in Canada, ALL court proceedings are a matter of public record, divorces included. Therefore if you seek the court's assistance in resolving your divorce it will become a matter of public record. Whether or not that ought to be the case is something I won't get into since it would take me into a long editorializing rant full of my personal opinions and that's quite OT).

      In a criminal suit it's the government (presumably the "public") against a citizen who has committed a crime.

      In a free and open society all criminal suits ought to be a matter of public record and be open because it's one of the best tools we have for keeping the government honest and fair. That's why we have jury trials and public records and transcriptions etc. It's also a powerful tool to aid in proving someone's innocence after they were falsely convicted (by proving mistrials etc.)

    13. Re:A right way and a wrong way by Tastecicles · · Score: 1

      in keeping with the process of natural justice, then yes, why not? It's part and parcel of the whole level playing field thing, full disclosure and all that. If disclosure is partial, then there is no justice.

      --
      Operation Guillotine is in effect.
    14. Re:A right way and a wrong way by stanlyb · · Score: 1

      And it is very powerful tool for discrimination, as after you have a criminal case, even without conviction, it will in the public record forever, for any future employer to find out, and to put your resume in the garbage bin.

    15. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      In at least one state, you can go down to the courthouse and request whatever documents they have for any divorce and, after redacting SSNs and birthdays, they'll give it to you.

      Somebody in IT at a firm I left long ago was annoyed at delays in meetings caused by the head of advertising being on the phone with her lawyer during work hours. Whomever it was asked for, received, and posted her alimony request of 250k/year, her husband's salary of 300k, and her salary of 80k, as well as the "gory details"(he was a VP and on the road 3 weeks per month, which apparently caused her to go out drinking and come into work with bits of jello shots still in her hair, which was interfering with her performance at work).

    16. Re:A right way and a wrong way by cdrguru · · Score: 1

      In most states in the US there is such a thing as "no fault divorce". The problem is, if one person wants to screw over the other and get as much money and assets as possible "no fault" doesn't really accomplish that goal. What you need is dirt and plenty of it to threaten to drag out - or even actually drag out - to make the other person look as bad as possible. The reward for doing this is perhaps getting enough as a settlement to never have to work again, ever.

      Sure, it would be nice if people could just walk away, but after devoting years of their life to a failed relationship a lot of times someone wants something out of it. Or just wants to make the other person suffer as much as possible.

      This doesn't really work if there are no assets or cash because there isn't anything to go after. Unless there are children. Then things get really nasty because unless you want your child to be raised by someone you hate you have to prove in court they are unfit. So, plenty of time the "child molester" card gets brought up as in "if you contest my having full custody you will be shown in court to be a child molester." Often this is enough to make the husband go away. But there is always the defense of showing the drug habits of the wife and how much she sleeps around and how this makes her unfit.

      End result is of course that in many cases both parents end up proving they should never have had children in the first place and the world would be better off if the children were sent to a foreign country and told their parents died.

    17. Re:A right way and a wrong way by MiniMike · · Score: 1

      ..maybe divorce court proceedings shouldn't include gory details. why do you need proof of infidelity etc crap for getting a divorce? it should just need the person saying that he/she wants it - it's not a slavery contract.

      I think the details are not for the divorce itself, but to decide related matters such as alimony/palimony and custody of children. If one spouse has cheated, causing the divorce, I think they are less likely to receive alimony or custody. IANAL so this may be completely wrong.

    18. Re:A right way and a wrong way by StripedCow · · Score: 1

      Indeed. At least the defendant should have a say in whether the records should be open or not.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    19. Re:A right way and a wrong way by garett_spencley · · Score: 1

      If the court proceeding is a matter of public record, and you were found innocent, it's the employer's problem if they want to lose out on your services because of irrational biases and fear. Besides, do you really want to work at such a place ?

      Not to mention, with that kind of stain associated with someone who was simply accused of a crime, it's more incentive for the public to hold their government accountable, and provide severe repercussions for falsely convicting and accusing someone.

      How to go about "fixing" the system would take us into a huge debate. I just don't see the point you bring up as a valid point against having open trials. Government is supposed to be by and for the people. Thus everything government does, and everything people do involving government, needs to be open since it affects every individual citizen.

      For what it's worth, I do think people who are falsely accused, tried and found innocent or convicted and later exonerated ought to be taken care of for their trouble. You can't get a piece of your life back once it's been lost, and if government is "by the people" then the people should pay a price when they take an innocent person's freedom and wealth. The purely social implications, though ? It's individuals who make and form a society, not government. So if you want to change something there (like ending unfair discrimination) then your battle is on a totally different front. It's not fair to point the finger at government or look to government as a tool to solve that problem, and doing so will create all sorts of other injustices (I could name countless examples but I'll leave that as an exercise to the reader to avoid being flamebait).

    20. Re:A right way and a wrong way by drinkypoo · · Score: 2

      But . . . we arent a democracy . . . .

      On one hand, I agree with you. We are a corporatocracy masquerading as a republic. However, that republic often pays lip service to the idea of democracy. I do think that before we go trying to spread it to other nations, we should try it here...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    21. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Typical childish response. Disagree with someone? Throw a temper tantrum and swear at them. The only opinion that counts is yours, end of discussion.

    22. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Then every case will involve awkward questions, implied nastiness, and other goodies to motivate the defended to keep the records secret.

    23. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      No one cares, jj. We get it. You think there's people out there actually saying stuff like that or something. Find a new hobby.

    24. Re:A right way and a wrong way by drinkypoo · · Score: 2

      Overall, the secrecy of grand juries helps the little guy.

      That might be true, I'm not an expert and I haven't built any statistics on the subject. But in this case we're dealing with a political issue and we need to know what is being said on our behalf.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    25. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Or at least the little guy who can muster a "phalanx of lawyers". The real little guy tends to just get railroaded into a plea deal based on whatever they could dream up to threaten charging him with.

      If he doesn't want to play ball on that, they can usually find reasons to delay any bail, and lock him up 23 hours a day for a few days until he is ready to accept any out.

      Not that its happened to anyone I know, and certainly not multiple people....nope....

    26. Re:A right way and a wrong way by drainbramage · · Score: 1

      But the main Amendment that tipped the scales from the national government of the United States being a mere republic to being a true representative democracy was the often-overlooked Seventeenth Amendment, which took effect in 1913. Since 1913 the U.S. Senate has been elected directly by the voters, rather than being appointed by the state legislatures. That makes the national government democratic in form, as well as being a republic.

      From http://www.williampmeyers.org/republic.html

      --
      No brain, no pain.
    27. Re:A right way and a wrong way by Glarimore · · Score: 1

      "Marriage is a legal institution and the details aren't a secret in some states. Why should the details of the divorce be?"

      Because it's your personal life, no crimes were committed, it and doesn't have anything to do with anyone other than your spouse and you.
      "If there is no public interest in marriage, why does it even exist as a legal institution at all?"

      Good point, and exactly why married people shouldn't receive any benefits not afforded to an unmarried individual. The government shouldn't be incentivizing lifestyle choices. Besides, "marriage" is historically a religious institution. Quite frankly, I don't understand why the government is involved in it at all or why things like "marriage certificates" even exist. The government shouldn't be involved in marrying people or keeping them from being married. The whole thing is stupid.

    28. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      In a criminal suit

      Criminal trials are public. You can attend them, take whatever notes you want, even obtain a copy of the transcript. But that has nothing to do with this article, which is about testimony at a grand jury investigation.

    29. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Democratic in form for sufficiently weak definitions of democracy.

      Representation in the Senate is not based on representation of the people. A tiny population as that for Wyoming, has as much influence (therefore _much more_ influence, per person, as a state with _many_ times the population, like California.

      Strange definition of democracy you have there.

      The Senate was created, and exists for the sole purpose of preventing democracy.

    30. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Unfortunately for your analogy, it's typically in the public record in most jurisdictions and it's rather difficult to get a divorce proceeding's content sealed in this manner. (My first ex would have not fared well had ours gone to trial as a contested divorce... The second one wouldn't have done well either...)

      Not terribly a good analogy. The world can know the gory details if they pay a fee, believe it or not.

    31. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      If two people want a divorce, they can get one, simple and easy, no problems, don't even need lawyers...

      HOWEVER, if it hits the point where lawyers and judges are involved, then yes, it should be public.

    32. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Grand juries are a prosecutor's rubber stamp nowadays.

    33. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      And, your argument for secrecy in a grand jury nicely leaves an opening for the witness being questioned to break the secrecy. After all, if it is to their benefit that the secrecy is being attempted then why shouldn't they be able to make it public?

    34. Re:A right way and a wrong way by ThreeDeeNut · · Score: 1

      "which is an absolute requirement if we want people to believe we're a REPUBLIC." - FTFY

      The situation of democracy being pushed on us is such rediculous BS. None of the founders had a positive view of democracy and for good reason. Now we have teachers, politicians and world leaders saying "be like America.. a true democracy!"... the only problem is we are not one. We are a republic. Democracies are doomed to fail and result in MOB RULE which leads to an oligarchy. I am not sure where or why democracy is making a resurgence, but I for one do not welcome democracy as I know the outcome of such governments. What boggles me even more is our own politicians and leaders continue to reffer to our nation as a democracy. I mean to be elected to office shouldn't you at least know what kind of government we are?

      I suggest all people who either don't understand governments to review this short you tube video clearly describing the benefits,problems, and pitfalls of each type of government. http://www.youtube.com/watch?v=N4r0VUybeXY

      Just a few of the recent american leaders who like to use "democracy" over "republic" when speaking in public.
      Nanci Pelosi - "Our founders established a democracy – not a plutocracy." - Addressing People of the American Way (um Nancy, we are not a democracy and there is no such thing as a plutocracy)
      Barrack Obama - "Tonight is answer to those who still question the power of our democracy." - Addressing Nation (sigh, president doesn't even know)
      Hillary Clinton - "And after we won our independence, it was activists who helped establish our democracy." - Addressing Convention (cmon, really? They despised democracies...)
      Bill Clinton - "...to balance the budget, renew our democracy, and finish the job of welfare reform..." - State of the Union (Apparently the state of the union was not particularly good on this day...)

      All in all, i understand why people keep making the mistake as our own leaders don't know what type of government they are a part of. However, please in the future, consider the reality of our nations government type before posting. For fun, ask any non-history (and even some history teachers) what type of government we are and see how our children are being misled daily by teachers who also do not understand the facts. Its really quite a sad state.

    35. Re:A right way and a wrong way by drinkypoo · · Score: 1

      "which is an absolute requirement if we want people to believe we're a REPUBLIC." - FTFY

      Fucked that for me? Thanks. I said what I meant, and I meant what I said. Go troll elsewhere.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    36. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Overall, the secrecy of grand juries helps the little guy

      Phew, I'm greatly relieved that the Government cares for us little guys.
      .

    37. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Ask Jack Ryan about the sanctity of sealed court records. His Senate run was derailed by the release of divorce proceedings, leaving the Illinois Republicans to draft Alan Keys in his place, which allowed his democratic challenger to leap onto the national stage.

      If powerful interests want the information, they will get it. Removing the veil of secrecy would allow the unpowerful to have access too.

    38. Re:A right way and a wrong way by sjames · · Score: 1

      On the other hand, if the hearings were more public, perhaps prosecutors would be reigned in a bit and be forced to confine prosecution to cases where there was clearly a violation of the law and where prosecution is properly in the public interest.

    39. Re:A right way and a wrong way by sdoca · · Score: 1

      If I had mod points, I'd give you one. I totally agree that marriage is something that the state should not be involved in.

    40. Re:A right way and a wrong way by khipu · · Score: 1

      This wasn't a court, it was a grand jury. They are secret to protect the innocent from having their names tainted. The process may sometimes be abused for the purpose of hassling people, but calling it a "secret court proceeding" is still wrong. Civilian court proceedings are public and handled by judges and juries.

    41. Re:A right way and a wrong way by Hentes · · Score: 1

      Ideally, in any lawsuit, including divorce, the court shouldn't go offtopic or subjective, and should only concentrate on the matter at hand. Unfortunately, most judges don't really value the privacy of the parties involved. Thus, I have to agree with you, until lawyers will be forbidden to dig up your whole life in an unrelated case, sometimes having the trial behind closed doors is the better alternative.

    42. Re:A right way and a wrong way by tomkost · · Score: 1

      BINGO!!! Mod this one up pls! Whatever happened to separation of church and state?

    43. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      That's the point of a grand jury. To help determine if there was a violation of the law.

    44. Re:A right way and a wrong way by sjames · · Score: 2

      Yes,and if prosecutors are afraid that misconduct with the grand jury will come to light, they'll stop gaming the system to get unjust indictments.

    45. Re:A right way and a wrong way by Anonymous Coward · · Score: 0

      Besides, "marriage" is historically a religious institution.

      No, it isn't. Marriage existed in Roman times and before, well before the church saw fit to take control of it as part of their general 'taking control of peoples' lives' deal.

    46. Re:A right way and a wrong way by stanlyb · · Score: 1

      There is a saying that even one shit is enough to make you look dirty.... Or translated, it is enough even if one stupid HR, or developer (future co-worker) to throw a shit at you. And we all know that every company has its black sheep. or shitty sheep, or whatever.

    47. Re:A right way and a wrong way by DaleSwanson · · Score: 1

      Actually, grand juries are on circumstance where secrecy makes sense. Grand juries don't convict people, they are responsible for deciding if there's sufficient evidence of a crime to go ahead with the prosecution. Keeping such hearing secret means that people are more willing to give information they might not want to give in open court if it is personally embarrassing or if it has a negative aspect to people they don't want to piss off. It also means that a prosecutor can't just use the threat of bringing someone in front of a jury where they'll air all the person's dirty laundry. Overall, the secrecy of grand juries helps the little guy.

      This doesn't apply to this case though. Here the person making the disclosure is the witness. He decided after the fact to reveal what he was asked about.

  5. spin is working by Anonymous Coward · · Score: 0

    Articles are about the people who ran the infrastructure, not what was leaked.

  6. AWSOME by Anonymous Coward · · Score: 0

    Great move House. That's one for the good guys, and not for the globalist.

  7. Internets street cred by Fosterocalypse · · Score: 1

    I think he did this just to get his name clear .....i'd be willing to bet he has probably been the gorilla in the room at their hacker club or collective whatever the kids call it these days.

  8. Deja Vu by eternaldoctorwho · · Score: 1

    A group of leaders who are corrupt and stick-to-the-rules, versus House? I think I've seen this somewhere before....

  9. Jacob Appelbaum's lecal recourse? by crazyjj · · Score: 2

    I'm more curious as to what Jacob Appelbaum's legal recourse in this is. Clearly he is being targeted by the government for persecution/prosecution. But how can he prove it when all he has is (presumably) illegal evidence? Just another example of how insidious these secret courts/investigations/etc. really are. A citizen is being targeted for persecution for presumably legal activities, and for anyone to even REVEAL that he's being targeted is illegal.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
    1. Re:Jacob Appelbaum's lecal recourse? by The+Rizz · · Score: 1

      Investigations can be secret - there's hardly anything insidious about that. (Able to be abused, yes - but what in the legal system isn't?)

      If actual trials were held in secret, that would be insidious. (Note: A Grand Jury is not a trial - it's a pre-trial hearing deciding if the prosecution even has enough evidence to start a trial.)

  10. Grand Jury being secret is ok by Anonymous Coward · · Score: 0

    I'm gonna go on a limb here, Grand Jury Proceedings being secret is ok. All a Grand Jury can do is get you indicted. It isn't a conviction, it isn't a secret trial. I don't think this process is violative of our civil rights.

    There was a saying "a prosecutor can indict a ham sandwich". Meaning the burden of proof is so low, its not usually hard to get an indictment. Think of it like a pre-charge discovery process, where only the prosecutor gets to participate, and the Jury is there to make sure he doesn't go too far.

  11. Very one-sided transcript by Arancaytar · · Score: 4, Interesting

    Since he didn't answer anything.

    When I asked House how he might be incriminated by testifying, as he claims by invoking the fifth amendment, he gave me a predictable response: “I invoke.”

    Which is awesome, needless to say - here is clearly someone who doesn't take crap from anyone, and gives not an inch more to authority than he is legally obligated.

  12. Constitutional Right by Anonymous Coward · · Score: 2, Interesting

    IANAL either, but imagine a proceeding in which anything that the prosecution writes down or records is considered evidence while anything that the defense writes down is considered contempt of court.

    If the prosecution revealed secrets to Mr House, he is not under any obligation to keep them. If Mr. House is found to be breaking the law at the level of the Supreme Court by taking notes at his own interrogation, then the US has just passed into the domain of a fascist state. Similarly, the prosecution has no right to coerce Mr. House to keep the interrogation secret as it would set a precedent for future abuse.

    I predict that there will be no charges over the transcript, and if there are, they will be thrown out of court. Great work, House. You have wisely set an example for all who are placed into a similar situation.

    1) Get an attorney
    2) Exercise your 5th amendment rights. Don't respond to any questions.
    3) Record everything
    4) Make the record public

    For those who want the opinion of an actual attorney:

    http://www.youtube.com/watch?v=6wXkI4t7nuc

  13. and the USA govt wants to hire hackers by Anonymous Coward · · Score: 0

    again i say it
    from hackers go fuck yourself

  14. Re: An interested public is not public interest by Anonymous Coward · · Score: 0

    Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

    This does not hold water. The marriage of two private people is a private matter. If it's celebrities there might be an interested public. That's not public interest. The decisions made in court about that divorce does not affect the public. If a court case affects the public, then there is public interest.

  15. Mod parent UP! by Anonymous Coward · · Score: 2, Interesting

    This is a fascinating way of looking at it. It's very consistent, too.

    There is a very strong movement within about half of US's voters, to expand the role of government to further manage marriage. And even if that expansion does not succeed, their rhetoric constantly and consistently speaks of marriage as a public institution, and where third parties and the public at large, have a compelling interest in other people's marriage. Their position is that marriage is not merely a relationship between two people; that it's a special relationship between two people and everyone one else too.

    Many of us blow these them off as crackpots, but "many" is only about half; many (also about half!) vote for this point of view. You might not share the opinion, but it IS mainstream opinion that marriage is public, and is something that needs government's hand.

    That means it's not necessarily insane that divorce details be public.

    Keep in mind, though, that the anti-privatization-of-marriage faction is really arguing for tighter regulation; transparency itself, hasn't been one of their talking points. It may be that part of the reason they want more government involvement would even be to increase secrecy. If, for example, we use government to take away gay's freedom to marry one another, that could be a means, to the end of silencing gays who talk about their marriages. That's not crazy either, as the movement to expand government's role in marriage did happen in concert with gays becoming more open, sharing more with the public.

    1. Re:Mod parent UP! by rrohbeck · · Score: 1

      Marriage is a civil contract, generally for mutual benefits and the benefit of (potential) children.
      As such, it is governed by laws and courts.

    2. Re:Mod parent UP! by Anonymous Coward · · Score: 0

      Marriage is a civil contract, generally for mutual benefits and the benefit of (potential) children.
      As such, it is governed by laws and courts.

      I think the government should provide some protections for people living in codependent relationships but you shouldn't HAVE to be married to get those protections, and it doesn't make sense to alias those protections to the marriage as opposed to the completely non-religious codependent state they are in. Also, if there is no established codependency, no protection is needed...

      Some things are on the right track, look at common-law marriage where people (man and woman only?!) live together long enough or make payments on each other's stuff, etc. , we give them some protections automatically. Or child support, that is independent of ever marrying anyone. Child tax credits are given to single parents. I mean SHOULDN'T you protect (actual) children REGARDLESS of whether the parents were ever married?

      Think about this: a father can kick an 19 year old daughter to the street with the clothes on her back, but his wife (of N years) would get half of the house, cars, and savings.

      People will cohabit and form codependencies because it makes life easier, PERIOD. We don't need tax breaks to figure that out, we need help when it doesn't work.

  16. His first duty is to the constitution. by Anonymous Coward · · Score: 0

    His oaths of secrecy are subservient to that.

    If this was not possible, then the oaths of the whistleblowers who rioted against the lawful Crown of England would be as despicable as you wish Manning to be treated.

    Your founding fathers, on the other hand, are almost universally revered (and the lack of reverence only exists by people who do not want to hear anything aginst their christian faith from the founding fathers, therefore pretend they don't even exist).

  17. best quote from article by Anonymous Coward · · Score: 0

    Best quote from article:

    ...people need to make decisions about where to blow the whistle for themselves. We can’t outsource making decisions to the government, and we shouldn’t outsource blowing the whistle to an organization as monolithic as WikiLeaks.

    1. Re:best quote from article by Goaway · · Score: 1

      So according to this quote, apparently WikiLeaks is now forcing people to be whistleblowers?

    2. Re:best quote from article by Cederic · · Score: 1

      No, by outsourcing the blowing of a whistle to wikileaks you allow them to determine whether to blow it.

      The quote's point was that you should blow it yourself.

    3. Re:best quote from article by Goaway · · Score: 1

      So if you give information to WikiLeaks, you no longer have it yourself and can't release it?

  18. having been a member of a grand jury by Anonymous Coward · · Score: 0

    i understand releasing any aspect of the discussions no matter the route, is a felony.
    the obvious exception is the finding or indictments that result.

  19. Sorry by Anonymous Coward · · Score: 0

    Can't take his word for anything.

  20. Nope by EdwinFreed · · Score: 1

    He's (arguably) transcribing the questions as they are asked and noting his own responses. He is not transcribing anything from a recording. This restriction is clearly intended to prevent a person who prepares a transcript from the recording at a later date from being able to reveal anything. Which is entirely reasonable, although I suspect that in most cases it's more a matter of someone comparing the transcript made at the time with what was on the tape. (At least that's how it worked when I have given testimony. And FWIW, it's been my experience that in relatively relaxed settings like depositions stenographers appreciate it when you spell any unusual technical terms you're using.)

    Also look at the subsequent section regarding secrecy, where the person giving the testimony is conspicuous by their absence.

  21. Wonderful! :) by Anonymous Coward · · Score: 0

    Method and Techniques.

    Rich this is.

    War Wining Information for sure.

    Usable in many other 'arenas' ... space and time.

    November looms large ... and a gallows for the President.

    Thank you so much.

    LoL

  22. Leakage (2) by Somebody+is+Grar · · Score: 0

    So the wikileaks testimony was...leaked? Is that leakage squared?

    --
    Grar II