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Counterpoint: Why Edward Snowden May Not Deserve Clemency

Hugh Pickens DOT Com writes "Fred Kaplan, the Edward R. Murrow press fellow at the Council on Foreign Relation, writes at Slate that if Edward Snowden's stolen trove of beyond-top-secret documents had dealt only with the domestic surveillance by the NSA, then some form of leniency might be worth discussing. But Snowden did much more than that. 'Snowden's documents have, so far, furnished stories about the NSA's interception of email traffic, mobile phone calls, and radio transmissions of Taliban fighters in Pakistan's northwest territories; about an operation to gauge the loyalties of CIA recruits in Pakistan; about NSA email intercepts to assist intelligence assessments of what's going on inside Iran; about NSA surveillance of cellphone calls 'worldwide,' an effort that 'allows it to look for unknown associates of known intelligence targets by tracking people whose movements intersect.' Kaplan says the NYT editorial calling on President Obama to grant Snowden 'some form of clemency' paints an incomplete picture when it claims that Snowden 'stole a trove of highly classified documents after he became disillusioned with the agency's voraciousness.' In fact, as Snowden himself told the South China Morning Post, he took his job as an NSA contractor, with Booz Allen Hamilton, because he knew that his position would grant him 'to lists of machines all over the world [that] the NSA hacked.' Snowden got himself placed at the NSA's signals intelligence center in Hawaii says Kaplan for the sole purpose of pilfering extremely classified documents. 'It may be telling that Snowden did not release mdash; or at least the recipients of his cache haven't yet published — any documents detailing the cyber-operations of any other countries, especially Russia or China,' concludes Kaplan. 'If it turned out that Snowden did give information to the Russians or Chinese (or if intelligence assessments show that the leaks did substantial damage to national security, something that hasn't been proved in public), then I'd say all talk of a deal is off — and I assume the Times editorial page would agree.'"

8 of 573 comments (clear)

  1. Technically correct by Sun · · Score: 5, Interesting

    The NSA's operations abroad are not against the organization charter, and are, therefor, not against the law.

    Some of the revelations, however, while detailing operations that are technically legal, do paint the organzation in a light that shows it to be an unchecked body with too much power and not enough supervision.

    The specific examples listed in the article may not be under the above category. Still, it is not clear who did the sifting through and filtering the material to decide what gets published. If Snowden did none of it, than those can be chalcked down to "collateral damage". If the bulk of the material is relevant for a whistle blower, I'd still go with clemancy.

    Shachar
    P.s.
    Not that I, as a non-US citizen, or even resident, have a real say on the matter.

  2. Fred Kaplan is an idiot by Anonymous Coward · · Score: 5, Interesting

    The rights enumerated in (but NOT granted by) the US Constitution are BASIC HUMAN RIGHTS to which every human being is entitled.

    Every human being on Earth has a fundamental human right against unreasonable searches and seizures, unlawful arrests, and to be free of total government snooping and over-reaching police actions.

    Exposing our violation of the rights of practically the entire Earth population was the right thing to do. Snowden deserves more than clemency. He deserves a sainthood.

  3. Does USA care about the rest of the world? by kasperd · · Score: 4, Interesting

    Had the released documents only reveled domestic spying, then the NSA might have looked even worse in the eyes of Americans, but the USA might not have looked as bad to the rest of the world. It would have been a misleading image of the USA though.

    It may have been illegal according to current American law for Snowden to reveal, that USA is treating every other country in the world as an enemy. But you have got to ask if it really is Snowden, who is wrong here. It could be that it is Snowden who is right, and on the other side, we have the law, the NSA, and the government who are all wrong.

    I'd say it is up to the population of the USA to decide whose side they want to be on.

    If the population of the USA thinks it is OK that NSA is spying on all other countries as if they were an enemy of USA, then the population should make this point very clear. In that case Snowden should never go back to the USA, but there will surely be countries of another opinion, in which Snowden can live as a free man.

    If OTOH the population of the USA thinks that the NSA has gone too far, then they should also make this point very clear. If it is only the small elite in power, who consider the spying to be OK, then the population need to replace them with somebody who acts in the interest of the population. In this case it is of little importance, if the NSA acted within the law, the law need to be updated to make it absolutely clear, that this is no longer legal. And Snowden's actions should retroactively be made legal.

    I don't know what the majority of the population of USA thinks about that question, but I think the world deserves to know. Does the population of USA think it is OK for USA to be spying on every other country?

    --

    Do you care about the security of your wireless mouse?
  4. Re: freedom by transporter_ii · · Score: 4, Interesting

    And suppose he tried that, he ended up in jail, and the government was somehow able to spin damage control and minimize his efforts? You make some good points, but he took the most realistic path of options to make sure he didn't go down in vain. I must admit, when this all started, I thought it would blow over fairly quickly. Most events like this have. In the end, the only thing that America responds to is money. That Snowden is costing corporations money here is the best thing to happen to America since apple pie. The Constitution is gone and our Rights are a joke, but cost corporations some money, and maybe we will see baby steps taken in the right direction.

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
  5. Credibility by DarkOx · · Score: 4, Interesting

    As far as the intent argument goes. We have know all kinds of abuses have been happening for a long time. Courts have issued rules on insane standings rules that say things like "you can't know your right were violated" so you can't sue, which means you can't find out through discovery.

    So someone like Snowden who is on the outside would have had little choice but to intentionally infiltrate the NSA or just keep bending over and taking it like everyone else. It might be more fair to describe him as an activist than a whistle-blower, but morally I think there is plenty of equivalence there.

    The issue about disclosing the stuff that isn't likely to be illegal or outside charter is that it was probably necessary for credibility. If the only stuff he handed over was heavily filtered and redacted the only questions that would have been raised would be "why should we believe any of this is authentic, the courts will never let us verify any of it?" and "What aren't you telling us?" It isn't as if he posted the whole trove on 4chan or something he leaked to (mostly) responsible press agencies who have always played the role of filter for this kind of thing in western democracy. I think the wider leaks though perhaps unfortunate with respect to some national interests were quite necessary and done as responsibly as possible.

    All and all the arguments against clemency pretty much boil down to "he threatened order, and we can't have that" Which when it comes to military and intelligence personal and civilian employes of similar nature is not an argument entirely without merit; but the NSA is so out of hand a wrench any smaller would have done nothing to even slow the gears. At some point the system gets to broken to work with in it.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  6. Re:What's good for the goose by lagomorpha2 · · Score: 5, Interesting

    You know what would really be effective at stopping Al Qaeda? STOP FUNDING AND ARMING THEM!

    http://www.washingtontimes.com/news/2013/sep/20/kuhner-how-obama-arms-al-qaeda/

    It's no secret that the US and Saudi Arabia have been giving Al Qaeda weapons and money when they do mercenary work. Yet somehow no one wants to talk about how to prevent Saudis from funneling money into Al Qaeda.

    Let's face it, Al Qaeda is the real life Emmanuel Goldstein: controlled opposition used to justify all the totalitarian legislation that the people in power want to impose.

  7. Re:Truthy by Jah-Wren+Ryel · · Score: 5, Interesting

    Because he took that new job, and started compromising the credentials of his co-workers (many of whom have now lost their careers)

    First, there is no evidence that anyone got fired because snowden used their accounts. I invite you to prove me wrong.

    Second, the NSA's director of technology has said that "the lion's share" of the information Snowden copied was available to anyone with a TS/SCI clearance at the NSA. Apparently the SCI part wasn't very well compartmentalized.

    Third, complaining that other employees suffered career damage because of his actions doesn't change Snowden's motivations. You might as well argue that Snowden's a bad guy because his actions have forced Alexander to retire early.

    He walked into that new gig with a specific agenda, essentially lying from the get-go about his motivations.

    He knew there was a problem due to direct personal experience of it on his previous job and so he decided to get proof. So what? The alternative would have been what? To just pretend he didn't know anything was wrong? Without proof any whistleblowing would have been dismissed, he'd already seen that happen to the whistleblowers who came before him.

    Take off the beer goggles and actually look at the reality of the situation.

    Lol! #projection

    --
    When information is power, privacy is freedom.
  8. Re:What's good for the goose - Al Qaeda -- USA by gabrieltss · · Score: 5, Interesting

    The U.S. had EVERYTHING to do with Al Qaeda! In fact the CIA were the ones who started the whole thing back in the 80'a. Back in the 80's when Russia was at war with Afganistan it was the CIA who was funding, training and arming the Mujahideen - and guess who was the leader of the Mujahideen? Yup Osama Bin Laden! The part of the Mujahideen lead by Osama Bin Laden eventually became Al Qaeda. The U.S. CREATED and for the most part has some control of Al Qaeda. Heck even Anwar Al-Awlaki (the Al Qaeda leader DINED at the Pentagon months AFTER 9/11!

    References:

    Al Qaeda Leader Dined at the Pentagon Just Months After 9/11
    http://www.infowars.com/al-qaeda-leader-dined-at-the-pentagon-just-months-after-911/

    Dining with the enemy: Al Qaeda leader linked to 9/11 hijackers 'was invited to the Pentagon for lunch after attacks'
    http://www.dailymail.co.uk/news/article-1322397/Al-Qaedas-Anwar-Al-Awlaki-invited-Pentagon-lunch-9-11-attacks.html

    Mujahideen
    https://en.wikipedia.org/wiki/Mujahideen

    Sec. State Clinton Admits U.S. Created Mujahideen that Became al-Qaeda
    http://www.infowars.com/sec-state-clinton-admits-u-s-created-mujahideen-that-became-al-qaeda/
    http://www.youtube.com/watch?v=K0Cc3LfhQ-o&feature=player_embedded

    Mujahideen
    Al-Qaeda
    http://www.google.com/#hl=en&source=hp&q=mujahideen+al+qaeda&aq=0&aqi=g1g-m1&aql=&oq=mujahideen+al&gs_rfai=C07tUp9QoTOWrHYuugATN08X2CgAAAKoEBU_Qpa0Q&fp=e0fa4b5da4f245a4

    http://www.infoplease.com/spot/al-qaeda-terrorism.html

    "The Mujahideen

    Al-Qaeda has its origins in the uprising against the Soviet occupation of Afghanistan. Thousands of volunteers from around the Middle East came to Afghanistan as mujahideen, warriors fighting to defend fellow Muslims. In the mid-1980s, Osama bin Laden became the prime financier for an organization that recruited Muslims from mosques around the world. These "Afghan Arab" mujahideen, which numbered in the thousands, were crucial in defeating Soviet forces"

    http://en.wikipedia.org/wiki/Mujahideen

    US, Pakistani and other financing and support
    See also: Operation Cyclone

    The mujahideen were significantly financed and armed (and are alleged to have been trained) by the United States Central Intelligence Agency (CIA) during the administrations of Carter[5] and Reagan, and also by Saudi Arabia, Pakistan under Zia-ul-Haq, Iran, the People's Republic of China and several Western European countries.

    http://en.wikipedia.org/wiki/Allegations_of_CIA_assistance_to_Osama_bin_Laden
    Claims have been made that the American government, and in particular the Central Intelligence Agency (CIA), are responsible for enabling "Afghan Arabs," and in particular Osama bin Laden's al-Qaeda.
    In mid-1979, about the same time as the Soviet Union deployed troops into Afghanistan, the United States began giving several hundred million dollars a year in aid to the Afghan Mujahideen insurgents fighting the Afghan Marxist government and the Soviet Army in Operation Cyclone. Along with native Afghan mujahideen were Muslim volunteers from other countries, popularly known

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    The Truth is a Virus!!!