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Why Whistleblowers Can't Get a Fair Trial

phantomfive writes "'Seven whistleblowers have been prosecuted under the Obama administration,' writes Jesselyn Radack, a lawyer who advised two of them. She explains why they can't get a fair trial. In the Thomas Drake case, the administration retroactively marked documents as classified, saying, 'he knew they should have been classified.' In the Bradley Manning case, the jury wasn't allowed to see what information was leaked. The defendants, all who have been charged with espionage, have limited access to court documents. Most of these problems happen because the law was written to deal with traitorous spies, not whistleblowers."

303 of 441 comments (clear)

  1. One and the same by Akratist · · Score: 5, Insightful

    When a government is corrupt, dishonest, and incompetent, then a whistleblower and a spy are essentially the same thing, as they threaten the positions and livelihoods of the corrupt, dishonest, and incompetent politicians and bureaucrats who comprise it.

    1. Re:One and the same by Gaygirlie · · Score: 4, Insightful

      I don't quite agree. I get what you mean, but a whistleblower releases information to those who it isn't supposed to go in order to improve the security their country and the lives of their fellow countrymen, whereas spies release information to those who it isn't supposed to go in order to undermine the security of said country. While the methods and results may even be the same the intent is different.

    2. Re:One and the same by Anonymous Coward · · Score: 2

      "Because a government is by definition corrupt, dishonest, and incompetent,

      What a sad world you live in.

    3. Re:One and the same by Anonymous Coward · · Score: 5, Insightful

      In the Thomas Drake case, the administration retroactively marked documents as classified, ...

      Going back retroactively to MAKE someone a criminal is an act of corruption and injustice.

      Son of bitch. I hated Bush and now Obama. Will there ever be a President that I can respect?

    4. Re:One and the same by cyborg_zx · · Score: 5, Insightful

      Will there ever be a President that I can respect?

      The system does not seem designed to allow that.

    5. Re:One and the same by TWiTfan · · Score: 4, Insightful

      When a government is corrupt, dishonest, and incompetent, then a whistleblower and a spy are essentially the same thing

      That's why I get such a kick out of it when these idiots get on TV and call Snowden a traitor because he didn't "go through the proper channels," as if the very agency he was ratting on was going to give him a fair hearing and not throw his ass in prison as a spy/hacker/traitor immediately.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    6. Re:One and the same by Anonymous Coward · · Score: 2, Insightful

      I don't quite agree. I get what you mean, but a whistleblower releases information to those who it isn't supposed to go in order to improve the security their country and the lives of their fellow countrymen, whereas spies release information to those who it isn't supposed to go in order to undermine the security of said country. While the methods and results may even be the same the intent is different.

      The Rosenbergs were executed as spies (and I have no particular beef with their classification as such) because they released information to the Russians about the atomic program in order to restore a balance of power, thus aiding the security of the United States. Just by means that the government did not agree to.

      As long as it is the government stance that "security" is tantamount to "being able to squash everybody else like a bug" (and yes, that's basically the NSA approach as well), it is hard to distinguish enemies from whistleblowers, like it is hard to distinguish average citizens from enemies.

    7. Re:One and the same by jbmartin6 · · Score: 3, Interesting

      Will there ever be a President that I can respect?

      I hope not, that would lull you into a false sense of security.

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    8. Re: One and the same by Anonymous Coward · · Score: 5, Insightful

      Vote third party. That's the only way it will ever happen.

    9. Re:One and the same by Sockatume · · Score: 2

      Why do we say when someone who turns their back on a company, or even most government agencies, they're a whistleblower; but when they do the same to the military, or the intelligence apparatus, they are said to have betrayed the country itself?

      --
      No kidding!!! What do you say at this point?
    10. Re:One and the same by Sarten-X · · Score: 2

      True, but that doesn't matter much. In a court, "noble cause" isn't really a defense (some exceptions apply).

      By the time a trial court sees a case, the law is effectively fixed. At that point, the only questions are whether the defendant intentionally committed a crime. For whistleblowers, the fact of the matter usually is that yes, they intentionally broke the law. Snowden and Manning knowingly released classified materials with a reasonable expectation that foreign agencies would get access to them. Plain and simple, they're guilty of felonies.

      The noble intent really first comes into play during sentencing, but minimum sentences included in the laws are indeed assuming that no goal could be so good as to forgive the whole crime. There is also, of course, government pressure to use the case to discourage future leaks, and the justice system itself could be undermined by weak sentences, if it becomes common practice to claim whistleblowing as a reason every time someone spills secrets.

      Upon appeal, as well, the intent matters. The convicted can argue that the law itself (including any minimum sentences) isn't just, using his own case as proof: the people don't feel that justice was served in his case, even though the legal process was carried out properly, so the law should be clarified to address the different circumstances. Of course, that's a long legal battle, and the same government and judicial pressures still apply. I don't see it happening anytime soon.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    11. Re:One and the same by SirGarlon · · Score: 5, Informative

      Going back retroactively to MAKE someone a criminal is an act of corruption and injustice.

      It's also explicitly against the US Constitution: Article I, Section 9. The folks who wrote that document knew all the tricks in the tyrant's book -- from personal experience.

      Of course, classified information is not a law, it's classified by executive order. I would point out that executive orders did not exist when the Constitution was written, and should not give the President a free pass to do what Congress is expressly forbidden from doing. By waving his hands and chanting "national security," the President places himself above the law and the Constitution. Again.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    12. Re:One and the same by SuricouRaven · · Score: 1

      Can you find me a government which does not meet at least two of these criteria? Reasonably-sized: At least a couple of million citizens.

    13. Re:One and the same by kurt555gs · · Score: 5, Insightful

      Yes, Dwight D Eisenhower.

      --
      * Carthago Delenda Est *
    14. Re:One and the same by geogob · · Score: 3, Insightful

      The sad part is where you seem think the president has anything to do with this, or, for that matter, anything to say about this.

    15. Re:One and the same by davecb · · Score: 1

      That also applies to police and courts who threaten the positions and livelihoods of the corrupt.

      --
      davecb@spamcop.net
    16. Re:One and the same by Anonymous Coward · · Score: 1

      That wasn't his point. His point is that the corrupt elite who make their fortunes in the business of government don't care WHY the whistleblower does what he does. They care about their positions of power (and the leverage that power affords them in the financial markets), and the whistleblower represents a threat to that.

      The point is that all they really care about is their own positions of power -- quite the exact opposite of what a representative republic claims to provide us with.

    17. Re: One and the same by hummassa · · Score: 5, Insightful

      No, because politicians and diapers ought to be changed frequently, and for the same reasons.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    18. Re:One and the same by ILongForDarkness · · Score: 1

      So take Snowden for example. Did he increase or decrease security by pointing out the massive amount of individual tracking the government is doing? More data means 3rd party hackers that get in can get the info too but stopping (even abusive) spying on civilians looking for terrorists and other criminals doesn't increase security just privacy.

    19. Re:One and the same by _Sharp'r_ · · Score: 3, Insightful

      Because the people involved in the prosecutions and classifications don't report up to him as the head of the executive branch? Because he doesn't have an absolute pardon power to pardon anyone he likes? You'd blame the CEO of a company for what his company does. In this case the President has way more legal power to intervene than a CEO would in a similar situation. Heck, after President Obama's recent stint of just changing laws with only a fig leaf of legal basis beyond he said so, presumably his administration thinks he can just unilaterally declare they weren't enforcing the law in these particular types of cases.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    20. Re:One and the same by __aaltlg1547 · · Score: 1

      Don't get your dudgeon up so high. The government eventually dropped all charges against Drake except for one misdemeanor charge.

      Also, you don't understand US law regarding classified information. It is a crime to intentionally misclassify documents, including information you are producing that by definition cannot have been previously classified. By alleging that he knew the information in the documents should have been classified, they were saying that it fell under a classification order he was aware of and he was aware that there were security concerns with the information in the documents.

    21. Re:One and the same by gameboyhippo · · Score: 1

      How about Richard Nixon? When deep throat blew the whistle on him, he resigned.

    22. Re:One and the same by geogob · · Score: 2

      That's exactly the point. They report to him what they want him to here... he bases his decision on these information. Without omniscience, he is just a pawn of the permanent government. He has the power to do a lot of thing, most of them he cannot do for different reasons. Furthermre, he can only exercise his power based on the information he has at hand.

      The only thing a president might be able to do about this, is place the right people at the right jobs to be sure he gets the correct (and sufficient) information to execute his power. And I wouldn't place to much hope in this working, while these key persons too are just pawn of the established administration sitting under them.

    23. Re:One and the same by Anonymous Coward · · Score: 1

      Even if they wouldn't do that, though, I feel citizens have a right to know when their government is breaking the law.

    24. Re:One and the same by arth1 · · Score: 1

      "Because a government is by definition corrupt, dishonest, and incompetent, then a whistleblower and a spy are essentially the same thing, as they threaten the positions and livelihoods of the corrupt, dishonest, and incompetent politicians and bureaucrats who comprise it."

      Fixed that for you.

      No, you didn't. The jarring error in the use of "comprised" is still there. The whole comprise the parts, not the other way around. In essence, the sentence says that each politician and bureaucrat has a little government inside him. Which may be true, but not what was meant.
      </grammarnazi>

    25. Re:One and the same by jythie · · Score: 1

      Even when the government is not corrupt, dishonest, or incompetent, the people in power often believe in what they are doing and that their actions lead to a better world, thus even with the best of intentions on both sides the government view can still be that the person is a traitor. This is even more the case when more then one view on what a 'better world' is comprised of and where they see priorities lay, who is important and who should 'take one for the team'.

    26. Re:One and the same by i+kan+reed · · Score: 4, Informative

      It's actually because the espionage act defines things that "apparently should" be classified as protected under law too. It's a bad law, but it's not the same as ex post facto.

    27. Re:One and the same by jythie · · Score: 1

      Sadly, the math pretty much guarantees this outcome. The people who designed the system we use had few models to look to and did not have the background to anticipate the problems that would arise.

    28. Re: One and the same by jythie · · Score: 2, Insightful

      No, voting 3rd party does not actually help. It, unfortunately, is tightly integrated into the problem and contributes to the very effect proponents claim it counters. Voting 3rd party is for people who have a great deal of idealism but a poor grasp of math, politics, or history.

    29. Re:One and the same by ebno-10db · · Score: 3, Interesting

      But was the jury told that the material was classified, or that it "apparently should" have been classified? Even telling the jury that it was classified after the fact is unacceptably prejudicial. Was defense allowed to point out that the material wasn't classified at the time that the alleged act occurred? If not, then it's the same as an ex post facto law.

    30. Re: One and the same by NatasRevol · · Score: 2

      Than this shit?

      Probably.

      --
      There are two types of people in the world: Those who crave closure
    31. Re:One and the same by VortexCortex · · Score: 5, Informative

      Here's Eisenhower's farewell address to America. Note that he tried to warn us about everything that has come to pass.

    32. Re:One and the same by jythie · · Score: 1

      While PotUS has a great deal of dejure power, their defacto power is actually much less then people think. It is a political position that constant navigation around institutional powers that pre-existed the person and will be there long after they are gone. If one does not keep them happy, one's ability to actually do anything quickly evaporates, no matter how much 'on the books' power PotUS technically has.

    33. Re:One and the same by ebno-10db · · Score: 2

      Irrelevant. The president is in charge of the executive branch, and is thus accountable for everything that happens in it. Harry Truman used to say that, and accepted responsibility for everything.

      If the president became aware of this after it happened, he can issue a presidential pardon, and assure that it doesn't happen again. Getting a new AG would be a good start. Do you believe that any of these things have, or will, happen?

      If you want the big job, you get the big responsibility too. No excuses.

    34. Re:One and the same by TheCarp · · Score: 1

      > The noble intent really first comes into play during sentencing,

      No it first comes into play in the minds of the Jurors. A juror can decide to buck the system and say not-guilty if he so chooses. In fact, I submit it is the right thing for a juror to do when the system is corrupt and wrong.

      The jury is supposed to be a check on power, not simply a rubber stamp for the state.

      --
      "I opened my eyes, and everything went dark again"
    35. Re: One and the same by kasperd · · Score: 2

      third party.

      That term is itself a symptom of broken system. The system is designed in a way where a rational voter cannot have more than two options to choose from. If you vote for one of the two established options, you have a chance of influence over which of the two will win. If you vote for anybody else, one of the two established candidates still wins, and your vote had no influence over which of them.

      Usually some voters will think both options suck so much, it is not worthwhile voting for any of them. There is a tendency for those voters to converge on one third candidate. The exact mechanism causing those voters to converge on one candidate is not entirely clear to me. For a start, I don't know how many of them realize they are putting the choice of a winner in the hands of other voters, and how many of them do realize but rationalize, that they'd rather send a signal by voting for a third candidate than have a tiny amount of real influence.

      --

      Do you care about the security of your wireless mouse?
    36. Re:One and the same by kilfarsnar · · Score: 5, Insightful

      When a government is corrupt, dishonest, and incompetent, then a whistleblower and a spy are essentially the same thing

      That's why I get such a kick out of it when these idiots get on TV and call Snowden a traitor because he didn't "go through the proper channels," as if the very agency he was ratting on was going to give him a fair hearing and not throw his ass in prison as a spy/hacker/traitor immediately.

      And they're wrong anyway. Snowden did go through proper channels. He was ignored or told to mind his business. That's always the way it goes when one goes through proper channels. I don't think I have ever heard of a case where a person discovers wrongdoing, goes to his superior about it and has his superior actually take meaningful action.

      It makes perfect sense, if you think about it (which is why the folks on TV get it wrong). Any given program has been conceived, discussed and agreed upon by people at a high level. They have run the scenarios and considered the outcomes and consequences. Now some staffer comes along and tells them that what they are doing is likely illegal and certainly creepy. They're going to listen to him and take his concerns seriously? Of course not! They're going to tell him to shut up. But the folks on TV will say Snowden should have gone through proper channels, as though he would have gotten any traction. They're either serving an agenda or depressingly naive.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    37. Re:One and the same by lagomorpha2 · · Score: 1

      " In essence, the sentence says that each politician and bureaucrat has a little government inside him."

      Isn't there a little government in all of us? A few inches more than we'd like around tax time especially.

    38. Re:One and the same by tsqr · · Score: 1

      The people who designed the system anticipated plenty, and were fearful of what might eventually happen. You should browse through the Federalist Papers some time when you get the chance; there are some real eye-openers in there.

    39. Re:One and the same by kasperd · · Score: 1

      Not as long as people vote for the lesser evil and thinks that a vote for someone that doesn't win is "a lost vote".

      A vote is not lost, just because you voted for somebody who did not win. But the vote is lost, if you by moving it from your second priority to your first priority actually cause your second priority to lose the election to your third priority. (The pattern repeats if there are more than three options, it just gets a bit more messy.)

      --

      Do you care about the security of your wireless mouse?
    40. Re:One and the same by LifesABeach · · Score: 1

      It would appear from the public record that when Whistle Blowing, one should not use government records. OK, then one should use public records. Recordings from witnesses, and victums are public. Also, it appears not to harm to learn how law works. This would make a good phone app, "the pocket laywer"; it would say how and what, and where to file papers. But also, it would say, "Why, you have to do it in a certain way."

      It is impossible to win, unless you play by the rules. And who can spend more time on an issue, a human, or a computer? And "No", I didn't say it was going to be easy to win. Why? Because the winners one will compete with didn't lose before.

    41. Re:One and the same by kilfarsnar · · Score: 3, Interesting

      Why do we say when someone who turns their back on a company, or even most government agencies, they're a whistleblower; but when they do the same to the military, or the intelligence apparatus, they are said to have betrayed the country itself?

      Because it serves to conflate the interests of the military or intelligence agencies with that of the country as a whole. People are less likely to view them poorly when it is axiomatic that the CIA (or whomever) is working in the best interests of the United States. They overthrew an elected government? Must be okay, since they're only trying to look out for us.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    42. Re:One and the same by ebno-10db · · Score: 4, Insightful

      It is a crime to intentionally misclassify documents ...

      How many people have been prosecuted for clearly overclassifying information?

    43. Re:One and the same by LifesABeach · · Score: 1

      Any document created by the government is by its very nature, "classified." But witnesses, and victums are not.

    44. Re:One and the same by i+kan+reed · · Score: 1

      If not, then it's the same as an ex post facto law.

      Restrictions on handling classified documents only apply to people who seek security clearance, which means some education is given on what "should be" classified to people who are handling it. Please understand, I think Radack should get off through jury nullification or something similar, but it's not identical to unconstitutional ex post facto laws.

    45. Re:One and the same by AHuxley · · Score: 1

      Re What will change with any of this?
      Life can go both ways in the USA as it enters its East German phase.
      People may select to play into the system and attend meetings, courses and make all the right political and work place moves to ensure they are never noticed.
      The problem with that is the state based "Fusion" centers and a vast illegal domestic surveillance network is kind of hard to out pace the domestic dragnet.
      http://en.wikipedia.org/wiki/F...
      Sooner or later the deeper internal border checkpoints, other internal federally funded checkpoints, been seen near a protest, parking near a protest, been asked to show ID near a protest will catch up with many people.
      The other option is to use your remaining Constitutional rights - support the press, write to the press, support 3rd parties, blog, speak out at community events.
      The Stasi paperwork 'fail' is the real lesson from history. At a point even with all the NSA database power and local Fusion centers help real people have to read "digital" files.
      All that work to support the press, write to the press, support 3rd parties, blog, speak out at community events starts to expand a digital file that has to be understood by a bureaucrat or contractor over years.
      Thanks to Snowden all the sockpuppets no longer have the benefit of the doubt as to data tracking, storage, usage in domestic courts, global tracking, weak codes, junk hardware, junk software, tame political leaders and unaware corporate legal teams...
      http://arstechnica.com/tech-po...
      So yes it will get worse but now people around the world can see the new digital Berlin wall and understand just how how trapped all data is for decades.

      --
      Domestic spying is now "Benign Information Gathering"
    46. Re:One and the same by jythie · · Score: 1

      True, individuals anticipated all sorts of things (both right and wrong), but so much of it was rooted in personal philosophy and so little could be backed up with any kind of historical evidence or models, even when they were right it was little more then an personal guess.

    47. Re:One and the same by ebno-10db · · Score: 4, Interesting

      I'm old enough to remember the Watergate hearings, but as time goes by Nixon doesn't seem so bad.

      What about Iran-Contra, which raised much more serious questions of unconstitutionality and abuse of power. No higher-ups were prosecuted. It makes Watergate look like an honest affair.

    48. Re:One and the same by Sarten-X · · Score: 1

      Yes, jury nullification can undermine the judicial process for one case, but it doesn't improve the law for anyone else.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    49. Re: One and the same by TheRaven64 · · Score: 4, Insightful

      No. But they won't win either. The point of voting for a third party is to build a group of the electorate who aren't voting for either of the two big parties. Once that happens, either the two major parties will start to make changes to their policies to try to win back those voters, or candidates from a third party will actually stand a chance and so you're likely to see an increase in candidates you might actually want (as well some some crazy fringe parties that you almost certainly don't).

      --
      I am TheRaven on Soylent News
    50. Re:One and the same by ebno-10db · · Score: 1

      The Rosenbergs were executed as spies (and I have no particular beef with their classification as such) because they released information to the Russians about the atomic program in order to restore a balance of power, thus aiding the security of the United States.

      How was the Rosenbergs' motivation determined? Did someone read their minds, or were their statements the only thing available?

      Regardless, if that was their real motivation, then they should have made the information public. What they did is what spies do - giving information only to the enemy. And clearly it was information that the public didn't need to know. It was no secret that the US had the A-bomb. Construction details weren't pertinent. By contrast these whistleblowers were clearly releasing information, the secrecy of which kept people from understanding what their government was doing. It's not as though they released the concrete and specific details of how to build a stealth aircraft.

    51. Re:One and the same by Arker · · Score: 1

      Note also, however, that he did nothing notable to help us while he was in office - he went right along. He only got cold feet and started talking on his very last day.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
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    52. Re:One and the same by ZahrGnosis · · Score: 1

      Manning and Snowden did nothing to follow the rules that grant them protection -- they went straight to the international press; the whistleblower protections in place were not meant to condone that sort of behavior. The better example is Thomas Drake because he at least tried to follow a chain of command and some reasonably "safe" whistleblowing tactics rather than simply dump classified information into the wild. Still, though, Drake does not seem to have followed the proper channels, and those channels are there for a reason and make sense. There is a go-to place to file a whistleblower complaint that provides protection under the whistleblower act (currently the OIG). Telling your friends and colleagues, and spamming other intelligence agencies is not the right approach, although it's much more legal than giving classified information to a foreign government. The big no-no, though, is stealing and hoarding classified information, even if you intend to give it to the right people. The whistleblower protections are set up to protect the whistleblower AND the sensitivity of the information that they are divulging.

      Breaking the protections on the underlying classified information is not protected in any whistleblower setting. Now, if each of these people had tried through the proper channels FIRST, without theft, without disclosure to third parties, I would be more sympathetic, but you don't get whistleblower protection by haphazardly divulging classified information outside the proper channels.

    53. Re:One and the same by tsqr · · Score: 1

      The jury is supposed to be a check on power, not simply a rubber stamp for the state.

      What you're talking about is called jury nullification, and is generally frowned upon by judges. The jury's job is to be a trier of fact. When the jury goes into the business of trying law instead of fact, you get mostly bad results, as in all-white juries finding black defendants guilty on the basis of race rather than not guilty on the basis of evidence.

    54. Re:One and the same by Anubis+IV · · Score: 1

      By "nothing notable to help us", what do you mean? Because that whole interstate freeway system is usually attributed to him, last I checked.

    55. Re:One and the same by geogob · · Score: 1

      Why would this AC believe this is anything specific to Obama?

    56. Re:One and the same by Anonymous Coward · · Score: 5, Insightful

      True, individuals anticipated all sorts of things (both right and wrong), but so much of it was rooted in personal philosophy and so little could be backed up with any kind of historical evidence or models, even when they were right it was little more then an personal guess.

      That's because if we base on "historical evidence or models", what we'll find is that the norm for humanity is some form of authoritarian rule by a small group of elites, including that monarchy that the Founding Fathers were trying to move away from.

      The Founding Fathers, following queues from the Enlightenment, wanted to break away from that. They want to break away from how humanity has always behaved. Yes, the Founding Fathers are some of the first Progressives.

      Just like Progressives today and in every age, they're seen as rebels and traitors by the establishment. We only call them heroes because they succeeded.

    57. Re:One and the same by LifesABeach · · Score: 2

      I concur; there is a reason for a 4 year term, and a max of 2 terms. And none of the reasons have anything to do with enjoying the elected office.

    58. Re: One and the same by Anonymous Coward · · Score: 1

      It's not about the third party being better, but about disrupting the system, about telling the current crop of criminals that they actually do need to worry about being fired.

      In some states, a vote for blue is a vote for the winner, and a vote for red is a vote for the runner up. In other states, it is flipped. And the only way to make the guaranteed winner worry about not winning, is if everyone voting for the guaranteed runner-up voted for anyone else. That sends a message to the people who are only voting for the winner because he isn't the runner-up. It tells them "hey, maybe I should vote for someone I actually like, instead of just ensuring that the runner-up doesn't win", and puts the fear of being fired in the guaranteed winner.

      But of course that can never happen, because people voting for the guaranteed winner just because he isn't the runner-up would be too worried about all the third-party voters coming back next election to push the runner-up into the winner position. And we just can't have that, even though that is exactly what is needed if we want the winner to actually worry about not winning.

    59. Re:One and the same by Xicor · · Score: 1

      this is true, however, in the eyes of the government, it is simply 'spies release information to other governments, and whistleblowers release information to the public'. the government reallly doesnt see any difference between them, because the government's power is threatened by both.

    60. Re:One and the same by thomst · · Score: 1

      an Anonymous Coward plaintively asked:

      Will there ever be a President that I can respect?

      Yes.

      --
      Check out my novel.
    61. Re:One and the same by Anonymous Coward · · Score: 1

      Yes, he's referring to jury nullification. Good on you for recognizing that fact.

      Unfortunately, everything you concluded with is wrong. Not least because jury nullification is the act of finding the defendant *innocent* in spite of what the law says. Jury nullification has, in the past, resulted in bad laws being effectively (and then actually) stricken from the books, because juries repeatedly refused to convict people for breaking said laws.

    62. Re: One and the same by PRMan · · Score: 2

      Yes, because the American party system has ALWAYS been Republicans and Democrats. And has never had a party rise up to replace one of them. A third party has NEVER succeeded... EVER! :roll eyes:

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    63. Re:One and the same by operagost · · Score: 1

      Seems that the words "ex post facto" are right in the constitution. But no one is ever concerned about the President's contempt for the constitution when he's doing what they want.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    64. Re:One and the same by PRMan · · Score: 4, Insightful

      It is EXACTLY the same as an ex post facto law. You are not allowed to think you are not breaking the law and then retroactively be told you were breaking the law. It's exactly that simple.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    65. Re: One and the same by AthanasiusKircher · · Score: 5, Interesting

      Voting 3rd party is for people who have a great deal of idealism but a poor grasp of math, politics, or history.

      ... or for people who do not feel that they, in good conscience, could actually support either of the candidates being offered by the two major parties.

      Keep in mind that a significant percentage of people who vote 3rd party might otherwise stay home and not vote at all. If they choose to vote for a 3rd-party candidate, they are not altering the outcome of the race between the two parties, since otherwise they wouldn't be participating at all. You can argue that their choice is irrational, but if they don't actually see a significant difference between the two major parties (which is increasingly difficult to see on many issues outside of "hot-button" social issues), they may not feel like they could support either one. Would you rather that they simply stayed home and not express their voice at all?

      The key thing often forgotten by those who argue against anyone ever voting for a 3rd party is that they somehow think that all voters are "owned" by the 2 major parties. And if someone chooses to vote for a 3rd party, they are somehow "taking votes away" from a major party candidate.

      Here's a newsflash: LOTS of people DON'T VOTE. Some are just lazy, but others simply can't be bothered to make a "choice" between two candidates when they like neither one of them. If a 3rd-party guy comes along and excites them enough to get that person to vote, no vote was "stolen" from any major party.

      Contrary to popular belief, candidates actually need to EARN their votes. They don't come by default to them just because Democratic voters always vote Democrat or whatever. Lots of registered Democrats don't vote at various times, and other times they will vote Republican or even for some other party.

      There's a reason why "get out the vote" campaigns are so critical to elections -- it's that many people are not even motivated enough to support a major-party candidate by getting off their butt and going to the local polling place. For many of those people, who otherwise might not vote at all, the major parties have not succeeded in convincing them of anything -- they didn't EARN those votes.

      If such people come out and vote for a 3rd-party candidate they actually believe in, they are making a positive contribution to the process: and they should be applauded for it, not told that they are simply stupid or ignorant.

    66. Re:One and the same by weilawei · · Score: 1
      Actually, it works both ways:

      comprise transitive verb \km-prz\
      1: to include especially within a particular scope (civilization as Lenin used the term would then certainly have comprised the changes that are now associated in our minds with “developed” rather than “developing” states — Times Literary Supplement)
      2: to be made up of (a vast installation, comprising fifty buildings — Jane Jacobs)

      Back to grammar school with you! Denying that a definition of a word exists is ridiculous. Words have multiple definitions.

    67. Re:One and the same by weilawei · · Score: 1
      And the simplified definitions, from the same dictionary, just in case you can't grok:

      : to be made up of (something) : to include or consist of (something)
      : to make up or form (something)

    68. Re:One and the same by i+kan+reed · · Score: 1

      Actually, you'll find that a lot of people breaking the law don't know it, and that ignorance is no excuse.

    69. Re:One and the same by Arker · · Score: 1

      We were talking about his farewell speech, apparently you need to watch it before this will make sense to you.

      He spoke eloquently and at length about the dangers of the military industrial complex. Which he had worked with closely, and done nothing to oppose, through his entire career leading up to that moment.

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    70. Re: One and the same by Common+Joe · · Score: 4, Insightful

      No, voting 3rd party does not actually help. It, unfortunately, is tightly integrated into the problem and contributes to the very effect proponents claim it counters. Voting 3rd party is for people who have a great deal of idealism but a poor grasp of math, politics, or history.

      Then what do you suggest? Let's tally: Voting 3rd party does not help, Voting for the current two parties does not help; Trying to get into the current 2 parties and work it from the inside does not help. What's next up on the list? Are you advocating rebellion? Historically, that doesn't tend to work too well either.

      I see no good option. They're all ugly. So far, voting 3rd party seems to be the best of bad options I can come up with.

      So, what is your solution? I'm all ears for that option that actually does help and give us a net gain instead of eroding our freedoms and taking away our wealth and equality.

    71. Re:One and the same by ApplePy · · Score: 3, Informative

      Yes, nullification is frowned on by judges. That doesn't mean it's wrong; it means that many judges do not like anything that curtails their power as the black-robed potentate at the head of the room.

      Jury nullification is a sacred part of Anglo-Saxon law, and everyone needs to know about it. As far as I'm concerned, it should be a part of jury instructions every trial, or included in high school civics classes, because the number of Americans who know this simple concept is vanishingly and frighteningly small.

      Your last sentence there is NOT an example of jury nullification. In fact, it's pretty much the exact opposite.

      It is, fundamentally, the job of the jury to decide law as well as fact. It's why we have juries -- it doesn't take 6 or 12 people to decide fact, after all -- a computer could do that. The jury exists to check abuse by the state, as a final stop to the application of bad law. This is so important because the state holds all the power (police, judge, prosecutor, jury pool, etc) to the point that without jury nullification, even the most innocent of the "innocent until proven guilty" of accused doesn't stand a chance against the system -- a system we ALL know is corrupt and dangerous.

      So let the judges squirm. We, the people, have ourselves to protect.

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    72. Re:One and the same by interkin3tic · · Score: 1

      With only a minority of eligible voters bothering to vote in the primaries or most elections, I'm not sure we can conclude that the system is designed to prevent that. I'd argue that voter apathy is what causes it.

    73. Re:One and the same by dywolf · · Score: 1

      unless those documents really were supposed to be classified, in which case retroactively correcting them is right and proper.

      doesnt mean that then prosecuting him over it is then justified.

      but reclassifying them in and of itself isnt automatically an act of corruption and injustice, unless is it done solely to "get" him, and the documents dont actually deserve classification.

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    74. Re:One and the same by bill_mcgonigle · · Score: 1

      He only got cold feet and started talking on his very last day.

      Quite the opposite, I believe - he only found his courage on the last day. It was "do or die" day in soldier terms and he took the chance that they wouldn't shoot a President during his farewell address (or risk proving him right).

      Every President that comes into office is threatened and changes his behavior (and campaign promises) to comply. It's notable that until very recently, they were all surrounded by men with guns from the money-changing department. Now they're surrounded by men-with-guns from the Intelligence apparatus, which appears to largely instigate low-level warfare on behalf of the money changers.

      Kennedy decided to defy them.

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    75. Re: One and the same by AthanasiusKircher · · Score: 2

      If you vote for one of the two established options, you have a chance of influence over which of the two will win. If you vote for anybody else, one of the two established candidates still wins, and your vote had no influence over which of them.

      Except when the third-party candidate wins. Seriously -- it happens in local and state elections, and even occasionally for Congressional office. Contrary to popular belief, the president is not the only politician in America. And -- while they are infrequent -- there are plenty of examples where 3rd-party candidates were elected to other offices.

      Usually some voters will think both options suck so much, it is not worthwhile voting for any of them. [snip] For a start, I don't know how many of them realize they are putting the choice of a winner in the hands of other voters

      Except when the third-party candidate wins. See above.

      Also, sometimes in a voting situation, "abstain" is actually a valid option. It's not a cop-out. Sometimes the two candidates that are presented to you both seem so terrible and flawed that you can't, in good conscience, support either one. In such a scenario, you could simply pick one randomly -- "the lesser of two evils" as people like you might say -- but sometimes the slight difference between the two candidates on some issues isn't enough to even justify that level of support.

      So, you could stay home and not vote at all. In most elections, most Americans stay home and don't vote at all (particularly outside of presidential election years). Obviously no major candidate managed to get those people excited enough to get off their butt and walk to the local polling place.

      If such a person actually does decide to get off their butt and vote, they are not "putting the choice of a winner in the hands of others," because otherwise they would not have voted at all -- so by taking action and voting, they are doing more than they would have done otherwise.

      Contrary to popular belief, the two major parties do NOT "own" all voters. A vote for someone else is not automatically "stealing" a vote from a major party, or "helping the other guy win." There's a reason we need "get out the vote" efforts -- because most people don't feel strongly enough that they would do ANYTHING. For such a person, voting for anyone (even a 3rd party candidate) is actually doing SOMETHING.

      Perhaps that something might make the major parties adjust a bit to try to recapture those 3rd party voters in the next election... and even that is some benefit.

      Or, you know, sometimes the third-party candidate wins. Really.

    76. Re:One and the same by ILongForDarkness · · Score: 1

      There is a saying to the victor goes the spoils. I think that applies to Versailles. I'm sick of hearing Versailles caused WWII. No racist nutjobs did. The total German payout was around 90B dollars in today's money (http://en.wikipedia.org/wiki/World_War_I_casualties , http://en.wikipedia.org/wiki/W...). That is about 1500 per german citizen and only about 6k each for each non-German war death. Hardly onerous. Did reparations bring people's families back? If not then they weren't too much. They couldn't afford $1500 each but somehow could afford to build up the Wehrmarcht.

      Similarly, I find it silly when banks get "punished" for doing criminal activities with fines that a single digit percentages of the profits they made on the crimes. I say at least make them give it all back (if not punitive damages) + jail time for the culprits.

    77. Re:One and the same by dywolf · · Score: 1

      I'd wager none. And there's really not anything wrong that.

      Slashdot antiestablishment cynicism aside, when you're dealing with clssified documents and national security you have two choices which present a clear black/white decision: underclassify, which is clearly harmful and counterproductive, or overclassify, which while excessive and wastefu, normally doesnt directly harm national security. "better safe than sorry". "err on the side of caution".

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      The guy who said the election was rigged won the presidency with the second-most votes.
    78. Re:One and the same by bill_mcgonigle · · Score: 1

      It's actually because the espionage act defines things that "apparently should" be classified as protected under law too. It's a bad law, but it's not the same as ex post facto.

      Our country got by without an Espionage Act for longer than it's had one. It may not have been perfect, but then perfect is hardly what we have now.

      Repealing the Espionage Act of 1917 undoes nearly all of the major problems with the US Government. Heck, vacating the soviet-style revolution of 1913-1917 would fix most of what went wrong with this country.

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    79. Re:One and the same by Anubis+IV · · Score: 1

      It made sense, I just needed clarification that that's what you meant. I didn't know if you were interpreting his presidency through the lens of his speech (i.e. why didn't he act on any of the things he talked about at the end?) or if you were interpreting his presidency through a more general lens (i.e. why didn't he do anything useful at all?). Context suggested you meant the former, but the way you phrased it sounded like the latter.

    80. Re: One and the same by DuckDodgers · · Score: 5, Insightful

      I agreed with your line of thinking for almost 20 years, but I no longer do.

      The lesser of two evils argument is a big deal. I support abortion rights. I support separation of Church and State with respect to marriage (give any two adults that want legal marriage rights those rights, or give no two adults those legal marriage rights, don't selectively define who can and can't have them based on religious law). I support social welfare programs. I support a tax system that shifts the tax burden into a purely progressive system - which is not what we have now, because of the differences between the income tax and the capital gains tax. The Democratic Party supports those things, the Republican Party does not, so the Democrats are my lesser of two evils. But both parties are hopelessly corrupt.

      The current surveillance without court oversight and indefinite detention of terror suspects without court oversight was started under a Republican President and majority Republican Congress and perpetuated by a Democrat President with a majority Democrat progress.

      The Democrats that made me one of the hopeful in 2008 are trying to block, trap, and prosecute the whistleblowers that Obama promised to protect in his campaign. There was a Slashdot article when that statement was removed from the Obama campaign websites a few months ago.

      No Child Left Behind was the last serious attempt to reform education on a national level, and it was bipartisan and undoubtedly started with the best of intentions, but it takes money away from schools that need it most, gives money to schools that need it least, buries teachers in paperwork, and sucks the love of learning out of kids by grilling them with standardized tests.

      The Corporate Average Fuel Economy (CAFE) standards to save the environment by increasing fuel economy are a token gesture meant to appear like action without doing anything - the US uses 70% of its petroleum per year on transportation, but that's not all personal passenger vehicles - commercial vehicles aren't subject to any similar big jumps in fuel economy standards. A big chunk of the energy and other natural resources used in the country is used by businesses, and in many cases it's cheaper to deal with inefficient energy use on an ongoing basis than to make a big one time investment in more efficient equipment and then either pay interest on the loans you made to get it or deal with the opportunity costs associated with investing in efficiency instead of something else. CAFE is a classic case of "make it look like you're doing something!"

      The War on Drugs against marijuana is the latest form of the make-work programs under FDR's New Deal. Employ some people (DEA and associated prosecutors, plus lots of prison staff) and keep other people out of the work force (drug offenders in prison). We should have just put the pot heads to work digging ditches, spent the rest of the money funding free rehab clinics for any citizen, and saved ourselves a lot of heartache - and it's taken too damn long for the federal view of a substance clearly less dangerous in all respects than alcohol to change.

      Our freedoms are eroding, our education is failing, our veterans are suffering, and the middle class is shrinking. These clowns are all either incompetent to fix it or too busy profiting from the problems. I will still support a local candidate that's Democrat or Republican based on the person. But on the national level, I will be voting third party, even if I think that third party is looney, because the other two parties are Sauron and Saruman trading jokes between Mordor and Isengard while the world burns.

    81. Re: One and the same by dkleinsc · · Score: 5, Interesting

      Voting for a third party can make a real difference, actually, and thinking otherwise is also demonstrating a poor grasp of US history:
      1. An upstart single-issue party in the 1860's ran a not-very-prominent Congressman for President, and won. The party in question implemented the policy proposal they had organized around, dramatically changing the nature of the country.

      2. A popular president who was disillusioned with the policies of his own party split off and formed his own party in 1912. He didn't win an unprecedented third term for the presidency, but his party elected a bunch of people to state offices and the US House. More importantly, many of the policies advocated by that party, previously considered political non-starters, were implemented in many of the states where the party had significant following, and a later president (more on him in a moment) implemented quite a few of those policies on the national level.

      3. In the 1930's, the president who implemented the 1912 party's policies was able to convince his party to go along with it in part because they were supported by a third party that was winning hundreds of thousands of votes and some local elections in key states.

      When you look at the history of third parties, generally speaking the credible threat of a third party challenge forces the major party that the third party is most like to adopt enough of that third party's positions to keep the voters who are considering bolting to the third party. Otherwise, the only competition the two major parties have is each other, and they can between the two of them take any issue completely out of public consideration by simply agreeing between the two of them that a particular policy is acceptable to both of them.

      For a recent example of this, look at the Patriot Act - there was nobody to vote for that actually opposed it, so it was going to happen regardless of what the pesky voters thought. Had there been credible third-party threats opposing the move (e.g. Greens or Libertarians), then sitting Republicans would be worried that they might lose because enough people voted Libertarian to let the Democrat win, while sitting Democrats would be worried that they might lose because enough people voted Green to let the Republican win.

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    82. Re:One and the same by Arker · · Score: 1

      Although it's better to have made the speech than not, it does seem a bit of a cop out. He was in the right position, at the right place and the right time, to have really made some kind of difference, but he didnt. He just made this neat speech at the end to absolve his conscience, and left it to future generations to solve a problem that has grown so huge over the intervening decades that it seems completely intractible.

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    83. Re:One and the same by sh00z · · Score: 1

      When a government is corrupt, dishonest, and incompetent, then a whistleblower and a spy are essentially the same thing, as they threaten the positions and livelihoods of the corrupt, dishonest, and incompetent politicians and bureaucrats who comprise it.

      No--people are using the word incorrectly. Technically, a whistleblower goes to the Inspector General of the Agency in question (or possibly a Congressional oversight committee) to report the issue. Manning & Snowden are "leakers," which, yes, is the same as a spy in the eyes of the Government

    84. Re:One and the same by ebno-10db · · Score: 3, Insightful

      What about United States v. Reynolds, where the US government claimed the state secrets privilege (in fact, invented it for this trial) to cover up the fact that in 1948 a plane crashed because of an engine fire (before you say anything about keeping aircraft performance secret, you should know that engine fire problems on B-29's had been public knowledge for years).

      Moreover, if it's not clear at exactly what level something should be classified, then whether something is supposedly under-classified is unclear, and hence isn't prosecutable as a crime, because excessively vague criminal laws are unconstitutional.

      So if as you say, you can't criticize someone for over-classifying something, and it's never prosecuted anyway, and under-classifying it is too vague to be a matter of criminal law, then why (as per the GGP) is intentionally mis-classifying information a crime? It's a say-so law, to be prosecuted for threat and harassment, and yield a conviction only if you have an acquiescent judge who favors the government over the Constitution.

    85. Re: One and the same by Anonymous Coward · · Score: 1

      Changing puppets doesn't change the ppl pulling the strings.

    86. Re:One and the same by Anonymous Coward · · Score: 1

      "Snowden did go through proper channels."

      No. Snowden did not submit a whistleblower complaint as prescribed in the whistleblower protection act. There was one proper channel to go through and he did not use it.

    87. Re:One and the same by dkleinsc · · Score: 1

      It depends entirely on how broadly you read the ex post facto provision.

      The clear intent was to prevent the government from prosecuting and punishing somebody who committed acts that were not illegal at the time the acts were committed. Releasing unclassified documents is not illegal. Declaring that he should have known they were classified, even though they weren't, is retroactively declaring his action a crime.

      An entirely equivalent case: You park legally on the street and walk away from your car. While you're away, the police come by and put up a No Parking sign, and then immediately ticket you for parking there on the grounds that you should have known somehow that they were going to make it illegal to park there.

      And the argument that it's a terrible law is obvious: It requires that all government personnel be mind-readers.

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    88. Re: One and the same by penix1 · · Score: 1, Interesting

      That will never happen due to "winner takes all" laws in the States. For example, if you have 5 electors, and manage to get 2 of them third party, all it takes is for the other 3 to agree on a candidate for that guy to win all 5.

      In states like Florida and Ohio that have a large number of electors, the winner takes all laws is what keeps the two parties in power.

      The only way to cure it is to do away with the electoral college and go solely with the popular vote. I believe the reasons for the existence of the college, namely the problems of large distances to travel and no mass communication systems, have been solved.

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    89. Re:One and the same by i+kan+reed · · Score: 1

      That's the thing though. Having a clearance and releasing documents you should know should be classified is a crime on the books. Keeping evidence out of court should be a point against the prosecution, but it likely won't be because juries are dumb.

      But they do need to prove beyond a reasonable doubt that they released something they knew was potentially secret intelligence.

    90. Re:One and the same by sjames · · Score: 1

      So why don't the president do any of these useful things on the mot powerful day of their presidency? The last day of their second term. They could jut pardon a whole list of people that shouldn't have been prosecuted (even people who are still awaiting trial can be pardoned).

    91. Re:One and the same by sjames · · Score: 1

      Of course it bankrupted him first.

    92. Re:One and the same by dkleinsc · · Score: 1

      Restrictions on handling classified documents only apply to people who seek security clearance, which means some education is given on what "should be" classified to people who are handling it.

      The documents weren't classified, which means they could have been handled by anyone, not just those with security clearance. Therefor, there's no reasonable expectation that everyone handling the documents was aware that they should have been classified, and thus the leak was legal regardless.

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    93. Re:One and the same by dkleinsc · · Score: 1

      I'd love to be able to tell you, but the answer is classified!

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    94. Re:One and the same by sjames · · Score: 1

      No, it increase the security of the people. It increases our (shaky) security against a police state replacing the constitutional republic.

    95. Re: One and the same by ShanghaiBill · · Score: 4, Interesting

      That will never happen due to "winner takes all" laws in the States.

      It has already happened, numerous times. A third party won in 1860, when Abraham Lincoln, of the upstart Republican Party, beat both the Democrats and the Whigs. In the 1920s and 1930s, the Socialist Party won enough votes that the Democrat Party co-opted much of their platform to win back those votes. In the 1990s, "culture war" conservatives like Pat Buchanan won enough votes to pull the Republican Party sharply to the right on social issues.

      History has shown that voting third party is by far the most effective way to change how America is governed.

    96. Re: One and the same by TangoMargarine · · Score: 2

      Why should I be forced to vote for the lesser of two evils? If I do, I only keep them in power by perpetuating the status quo.

      If I vote third party, and tell others to do the same, hopefully at some future date enough momentum is built up to at least force the two major parties to take heed and change their tune a bit to win back the voters bleeding off.

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    97. Re:One and the same by sjames · · Score: 1

      There is a go-to place to file a whistleblower complaint that provides protection under the whistleblower act(currently the OIG)

      AKA the round file?

      They observed what happened with the whistleblowers before them and decided the only hope was to go to the (in theory) top of the chain of command, the people.

    98. Re:One and the same by i+kan+reed · · Score: 1

      Okay, so they didn't break the law as it was written then.

    99. Re:One and the same by phantomfive · · Score: 1

      or, for that matter, anything to say about this.

      You can see what he has to say. It seems clear Obama thinks these whistleblowers have damaged America and should be stopped. He may not agree with the specifics of the trial, but it seems clear he agrees with the end result.

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    100. Re:One and the same by i+kan+reed · · Score: 1

      The person who was handling them, and is facing judgement did have that clearance.

    101. Re:One and the same by foobar+bazbot · · Score: 1

      What you're talking about is called jury nullification, and is generally frowned upon by judges.

      Of course it is. Judges, like everyone else human, have a tendency to zealously guard what they perceive as their own turf. But it should be obvious that one party to such a turf dispute cannot be trusted to give an unbiased answer, so I'm not sure why you'd bring it up.

      The jury's job is to be a trier of fact.

      Maybe in your state. In Indiana, Section 19 of our state constitution says:

      In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

      Now of course that's not the same as a constitutional right to jury nullification -- the law here is placed in the same situation as the facts, so it's no more or less acceptable to ignore the law in the interest of rendering a just verdict than it is to ignore the facts in the same interest. (Of course how acceptable that is, or under what circumstances, is endlessly debatable.) However, just as a jury's right and duty to resolve contradictory or ambiguous evidence gives them considerable power to ignore the facts altogether, and there's no effective way to strip them of this power without compromising their proper role, any jury with the right and duty to resolve contradictory or ambiguous law does have the power of jury nullification, with no practical way to stop it without removing the law from their purview altogether.

      When the jury goes into the business of trying law instead of fact, you get mostly bad results, as in all-white juries finding black defendants guilty on the basis of race rather than not guilty on the basis of evidence.

      You're getting your standard anti-nullification example all wrong. What you meant is "... you get mostly bad results, as in all-white juries finding white defendants not-guilty of crimes against black victims on the basis of race rather than guilty on the basis of evidence."

      And supposing a juror is swayed by your argument, and decide not to nullify an unjust law, in what way does that prevent your all-white jury from committing the same perversion of justice anyway? If it doesn't, then that's not much of an argument.

    102. Re:One and the same by Anonymous Coward · · Score: 1

      Considering how Watergate is pretty much accepted to have been about conflicts between Democrats and Republicans... It's downright tame by today's standards. They do that shit openly, so the stuff they actually hide is so much worse.

    103. Re:One and the same by morgauxo · · Score: 1

      Respect them all. They have the power to have you killed. Like none of them. Their corruption is killing and ruining people's lives.

    104. Re:One and the same by cellocgw · · Score: 1

      With only a minority of eligible voters bothering to vote in the primaries or most elections, I'm not sure we can conclude that the system is designed to prevent that. I'd argue that voter apathy is what causes it.

      Unless you can provide a study or two which indicates that the nonvoters are likely to vote in a significantly different ratio (among the candidates) than the voters, this complaint is not valid. From what little I've tracked down over the years, the political orientation of nonvoters and voters is about the same.

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    105. Re:One and the same by mlw4428 · · Score: 1

      > I would point out that executive orders did not exist when the Constitution was written

      I agree with this statement, but would also argue that Executive Orders have been used (in one form or another, numbered or unnumbered) with President Washington. I would argue the Constitutionality of these orders on the basis of their use by Founding Father Presidents and their allowance of the usage by Congresses made up of Founding Fathers. Put another way, legal precedence has been set since the first President and Congress. I'm sure there are arguments contrary to my beliefs, but the question is truly "Will ANY President give up the power that office has enjoyed since the Dawn of the Presidency?" and each and every time I come back to a solid, two letter answer: NO.

    106. Re:One and the same by kilfarsnar · · Score: 1

      "Snowden did go through proper channels."

      No. Snowden did not submit a whistleblower complaint as prescribed in the whistleblower protection act. There was one proper channel to go through and he did not use it.

      I see, fair enough. Given history, I can still understand why he wouldn't trust that he would be treated fairly.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    107. Re:One and the same by anagama · · Score: 3, Insightful

      Democrats have assumed the term "progressive" and until they relinquish it, at least in America, the term cannot be seen to represent "rebels and traitors" toward the establishment. Indeed, if there is anything Democrats excel at, it is entrenching the rightward push of the GOP as the new normal. It is, for example, Democrats who have taken concepts that only a decade ago were considered radical, like due process free detention, and not only entrenched that practice, but expanded it to include due process free execution.

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    108. Re:One and the same by mlw4428 · · Score: 1

      This argument is flawed in nature. The US has a multi-tiered "classification" system. "Classified" documents can be "classified" in many levels and one of those levels is "Confidential". It's defined, broadly speaking, as documents that could damage the US national security interests if released without proper authorization. There is also aggregation wherein a single document might be seen as "Confidential" by itself, but in a series of documents it could be considered Top Secret based on the information the entire group has.

      Such that being the case people like Bradley Manning could have released enough information that the information might be considered Top Secret. So it's entirely possible that the accused released classified material stemming from (in part) releasing enough unclassified/classified material that the entire leaked group is upgraded, by aggregation (and allowed by the various acts/executive orders that define these laws) to have leaked highly classified material.

    109. Re: One and the same by portwojc · · Score: 1

      Third party sounds good but in reality you're out numbered and playing against a stacked deck. The best way is to use the system against itself. Get people of like minds into the central committees (I believe that's what they are called). They control who gets put on the ballot for the primaries as endorsed. People who vote party line (which is A LOT) will blindly let vote them in at Primary time because they are endorsed. Then it's a numbers game come general election time. Getting on these committes isn't impossible either. You may be third party sure but chances are good that you share views with one of the major two parties. Bite your tounge and steer things with others helping in the right direction.

    110. Re:One and the same by dcw3 · · Score: 1

      If you know the material is classified, even if it's unmarked, you're still in a world of hurt. Now clearly, that's not the same as what you said, but it's not the same as ex post facto.

      --
      Just another day in Paradise
    111. Re:One and the same by Urza9814 · · Score: 1

      Actually, 'administrator' would imply more power than 'president'...IIRC, the first usage of that term for a head of state was the USA, for that very reason -- previously it had just meant a person leading some sort of meeting.

      So the people abusing that term aren't the ones insisting he has no power -- they're the ones insisting he *does*.

    112. Re: One and the same by anagama · · Score: 1

      Very well said.

      --
      What changed under Obama? Nothing Good
    113. Re:One and the same by Urza9814 · · Score: 3, Insightful

      That is better, but still overly simplistic.

      Say 10% of the electorate (exaggerated numbers to make a point) votes Libertarian next election. Now, further suppose that everyone who voted Libertarian would have the Republicans as their second choice, and suppose the dems win by under 10%. This means that, had they voted for their second choice, it would have won instead.

      HOWEVER, you also have to look at the long-term impacts and at how wide the gap is between choices. The Republicans would probably see this 10% going Libertarian and start adopting more Libertarian policies going forward to try to win this extra 10%. If the Libertarians agreed with 0% of Democrat policies, 10% of Republican policies, and 100% of Libertarian policies (again, exaggerated numbers...) and as a result of the changes they now agree with 30% of Republican policies, then they probably came out ahead by voting third party. Even though it cost them in the short term, the next election there will be a significantly greater number of their issues represented.

      For a more real-world example: Both the Dems and the GOP are very ardently pro-war. So the only *electoral* option to try to get more anti-war policies to be adopted is to vote third party. You can't possibly choose the party that represents you best if neither party represents you at all. In which case, you should at least register your discontent, lest they think you're just too busy watching American Idol....

    114. Re:One and the same by coinreturn · · Score: 1

      In the Thomas Drake case, the administration retroactively marked documents as classified, ...

      Going back retroactively to MAKE someone a criminal is an act of corruption and injustice.

      Son of bitch. I hated Bush and now Obama. Will there ever be a President that I can respect?

      While retroactive marking sounds horrible, it may be far more rational than you think. I, like you, read no further than the summary. Perhaps Thomas Drake created some documents that included classified information and failed to mark them as classified.

    115. Re: One and the same by anagama · · Score: 1

      Also, sometimes in a voting situation, "abstain" is actually a valid option.

      Recently, I vote a straight "Any 3d Party" ticket and if no 3d Party is available, for my cat.

      I feel that not voting would make me indistinguishable from the apathetic, so I submit a protest vote rather than abstain, although in one respect I do abstain -- I totally abstain from voting for the DNC or GOP, their candidates being essentially fungible.

      --
      What changed under Obama? Nothing Good
    116. Re: One and the same by shaggykl · · Score: 1

      You don't even need to win an elector to make an impact. If the third-party vote in a state is enough to keep either major party from getting a majority, the losing party will consider what they can do to pick up the third-party voters in the future.

    117. Re:One and the same by anagama · · Score: 4, Insightful

      Yes -- and then there is the fact that federal code base of crimes is so vast, vague, and its implementation left up to so many agencies, that even the ABA can't count all of the crimes one can commit, most of which have no element of intent.

      Estimates of the number of regulations range from 10,000 to 300,000. None of the legal groups who have studied the code have a firm number.

      "There is no one in the United States over the age of 18 who cannot be indicted for some federal crime," said John Baker, a retired Louisiana State University law professor who has also tried counting the number of new federal crimes created in recent years. "That is not an exaggeration."

      http://online.wsj.com/news/art...

      See also: Three Felonies a Day: http://www.threefeloniesaday.c...

      So what would you call it when there is criminal framework that is unknowable and that punishes you even if you have no ill intent? Despotic?

      --
      What changed under Obama? Nothing Good
    118. Re:One and the same by Ralph+Wiggam · · Score: 1

      That's fine. They decided that breaking regulations they volunteered to follow was ethically justified. And they were fully aware that the punishment for breaking those regulations was life in prison.

    119. Re:One and the same by dkf · · Score: 1

      I don't think I have ever heard of a case where a person discovers wrongdoing, goes to his superior about it and has his superior actually take meaningful action.

      Technically speaking, you wouldn't hear about those because they're normally dealt with fairly quietly and at an early stage. Occasionally one escalates as far as the law, and you can see reports of this sort of thing in your local press from time to time if you care to look. It's all normal and very dull.

      It also breaks down when it is the superior doing the wrongdoing or the system within which they work is itself at fault. Which appears to be the problem in the Snowden affair.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    120. Re: One and the same by AthanasiusKircher · · Score: 1

      In the 1990s, "culture war" conservatives like Pat Buchanan won enough votes to pull the Republican Party sharply to the right on social issues.

      History has shown that voting third party is by far the most effective way to change how America is governed.

      Just to be clear, Pat Buchanan wasn't running as a third-party candidate in the 1990s. He ran as a Republican in the primaries, but lost out to other Republican candidates. He did make a big stink at the conventions (including his 1992 keynote speech where he finally gave in and endorsed Bush, after threats not to), leading to confrontations that did nudge the Republican Party into moving toward social conservativism.

      In any case, he didn't run as a third-party candidate until 2000. His greatest impact on the Republicans was actually during his time running as a Republican.

    121. Re: One and the same by Q-Hack! · · Score: 3, Insightful

      The creation of the electoral college had nothing to do with large distances or travel time. It had everything to do with giving the lower population areas a voice. If we went with just the popular vote, candidates would end up only campaigning in a handful of high population cities. I once saw an extreme example, but quite apropos. Imagine somebody campaigning on the idea all our problems would be solved by nuking Montana. That candidate would only have to convince enough people in the top 5-10 population centers to win enough votes to do so. Can you at least see that the people in Montana might have a problem with that? I am always open minded about replacing the electoral college, but unless an idea comes across that gives low population centers a voice, it probably is not a good idea.

      --
      Some days I get the sinking feeling Orwell was an optimist.
    122. Re:One and the same by westlake · · Score: 1

      a whistleblower releases information to those who it isn't supposed to go in order to improve the security their country and the lives of their fellow countrymen, whereas spies release information to those who it isn't supposed to go in order to undermine the security of said country. While the methods and results may even be the same the intent is different.

      The road to hell and all that.

      "Good intentions" are not a solid ground on which to build a defense, legal or political.

      You are not all-wise and all-knowing and if that is the face you present to the public, you are most likely doomed.

      There will some who will want to believe in you --- some who will be desperate to believe in you --- but never quite enough to change the outcome.

    123. Re: One and the same by aztracker1 · · Score: 1

      If you look at history, it only takes 12-15% of the population in support of a new party/system to reach a critical point of change... I'd say even a 5% support of a third party ideal would shift the big 2 in that direction (or strongly against, but likely one would be in support of).

      --
      Michael J. Ryan - tracker1.info
    124. Re: One and the same by dissy · · Score: 2

      The key thing often forgotten by those who argue against anyone ever voting for a 3rd party is that they somehow think that all voters are "owned" by the 2 major parties. And if someone chooses to vote for a 3rd party, they are somehow "taking votes away" from a major party candidate.

      I've never understood that line of reasoning.

      Voting 3rd party is akin to "stealing" votes from the two major parties exactly the same as me purchasing a bag of potato chips is "stealing" that money from the entertainment industry.

      If someone wishes to claim I was "stealing" my own vote which is mine to do with as I please, then let them step up to the plate first and allow me to dictate how they spend their vote. Otherwise it's nothing more than hypocritical to demand the same of me.

      As you already mentioned, each person who votes increases the fractions denominator, and the fact neither of the major two parties counters show an increase in the numerator is by intent and design. This despite the system in place that declares a winner based off the largest fraction, no matter how small of a percentage it normalizes to in the end.

    125. Re:One and the same by ZahrGnosis · · Score: 1

      In the last 10 years over 20,000 cases have come through the "proper" whistleblower channels that are published (many classified cases are not, and while they could be different, there's no evidence that they are), and I'm not aware of any of these scary retribution stories being applicable to those. Of the 7 in the story, how many considered the large amount of cases that DID go through proper channels, and how many actually tried the process BEFORE violating any laws (like stealing classified information)? The scary examples that are held up are of people who violated the rules in the first place; of the people that followed the whistleblower act's provisions, I don't see examples of this.

      I admit the statistics don't look great -- only 20-30% of the cases are settled while 60% are dismissed (the remainder are withdrawn or kicked out), and only a small percent are found completely in favor of the whistleblower. But there's nothing from those 20,000+ stories to indicate that this proper channel is causing retribution to anyone that uses it. It's the people who circumvent the process that are the poster children, and it's a terribly false comparison.

    126. Re:One and the same by Shadow99_1 · · Score: 2

      Based on some experience with it, I'd say a large number of non-voters don't vote because they don't see anyone they wish to vote for...

      --
      we are all invisible unless we choose otherwise
    127. Re:One and the same by Khashishi · · Score: 1

      They both threaten a corrupt government, but spies work for another corrupt government.

    128. Re:One and the same by Khashishi · · Score: 1

      I suggest moving to Uruguay.

    129. Re: One and the same by Shadow99_1 · · Score: 2

      Ross Perot ( http://en.wikipedia.org/wiki/R... ), won a large amount of popular vote in 1992 (~19% the largest third party popular vote in almost a century) and I don't recall any big sea changes in the two big parties... He would have probably gotten an even larger share of votes if he hadn't stopped campaigning shortly before the election due to death threats and other craziness.

      --
      we are all invisible unless we choose otherwise
    130. Re:One and the same by k6mfw · · Score: 1

      Will there ever be a President that I can respect?

      when there is a president like George Washington who resigns his commission and surrenders the sword, takes a position to preside and gives power to two other branches for checks and balances. Yes, it ain't perfect and the system has been abused but better than what we got now.

      --
      mfwright@batnet.com
    131. Re:One and the same by TWiTfan · · Score: 1

      Are you referring to the Inspector General who is appointed by the very same President who would stand to lose the most of his own NSA head was embarrassed in any way, much less accused of illegal activities? Because it sure sounds like you're referring to some other Inspector General--some independent one that I'm not familiar with.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    132. Re:One and the same by sjames · · Score: 1

      Why would they seek retribution for willingly dropping all of the evidence in a shredder, letting the bad guys know how to plug the leak, and walking away?

      Snowden et al. can't be the first people to have noticed that the NSA was out of control, well exceeding their mission and generally acting against the people. But they were the only ones that the people actually heard anything from. Either nobody else chose to say anything at all OR 'proper channels' is indistinguishable from shredding the evidence and keeping quiet.

      So, yeah, if you see the boss stealing truckloads of office supplies, by all means use proper channels. But if your whole organization is actively plotting against truth, justice, and the American way you'll need to try something else.

    133. Re:One and the same by i+kan+reed · · Score: 1

      Wow, is that site bullshit laden.

      A. Your job is to import things, so you don't even begin to understand or acknowledge the laws of countries you're importing things from.
      That site: you're an innocent victim of Hondouras' export laws through the Lacey act
      Reality: it's specifically your job to understand these things on behalf of your clients(especially since the Lacey act is number two most important law related to your career).

      B. You're in trouble for creating a website that links to terrorist websites
      That site: Actually we totally admit that a court threw it out, and you didn't "commit a felony" at all.
      Reality: See above.

      I mean, every single "case" they give is someone being completely irresponsible(No snowmobiling through a protected wilderness area isn't "harmless"). No, blatantly reneging on your employment contract isn't "an honest mistake"

      I don't agree with every single law and interpretation of laws that comes through the government, but that site is basically pretending we should as a basis of its perspective. Or that miscarriages of justice will never occur in some libertarian fantasy land. It's silly.

    134. Re:One and the same by sjames · · Score: 1

      So you prefer that people just follow orders?

    135. Re:One and the same by datavirtue · · Score: 1

      I hold the policy that all elected officials are the enemy--whether I voted for them or not. To be watched and scrutinized at every turn.

      --
      I object to power without constructive purpose. --Spock
    136. Re:One and the same by ILongForDarkness · · Score: 1

      True I guess. The trick is what they say it is being used for and what they actually end up using it for. If they collect all your info and only use it to screen for criminal activity that is one thing and I wouldn't have a problem with it. But if later they decide it is their right to know whether you are Pepsi or Coke fan that is where it becomes fun.

      A "police state" that only enforces the laws that where put in place by an elected government isn't that threatening. It is the police state that changes the rules or has one set of rules and another that they actually use (say you haven't done a crime but every time you do an activity you get pulled in for questioning, you are inconvenienced but not formally charged with anything so don't have legal protection till you can convenience a judge that it is harassment (which usually requires it to a repeated unwanted action).

      Anyways, a lot of the controversy against Big Brother seems to revolve around "what if they decide to do something evil with this" rather than "they are doing something evil with this". Admittedly any legal system deriving from British Common Law suffers from this via the need for warrants before search in most cases rather than just allowing them to do whatever they want in cases like electronic communication where there is no inconveniencing of the target of the tap (you aren't temporarily deprived of your property for example).

    137. Re:One and the same by anagama · · Score: 1

      As for the lobsters -- are you serious? She ordered some lobsters -- they came in plastic bags rather than the usual cardboard boxes. She pays for them and spends two years in prison. Are you fucking joking? You're supposed to think that if a supplier changes their packaging you're going to spend years in prison for it?

      Real-life example: Sami Omar al-Hussayen, a Saudi graduate student in Idaho, was reportedly the first person to be indicted under the USA Patriot Act, which expanded the notion of "material support" for terrorism to include those who render "expert advice or assistance" to the terrorists and their cause. The feds alleged that al-Hussayen, in his role as Webmaster for a Muslim charity website, was providing such assistance. The charity sites focused on normal religious training, but the indictment asserted that if a user followed enough links off his site, he would find violent, anti-American comments on other sites. Such was the elasticity provided by Patriot Act provisions. A properly instructed jury acquitted, but the set of anti-terrorism laws leave little reason to believe that prosecutors will not infringe on important civil liberties in their pursuit of terrorist suspects, as indeed they have in various parts of the nation. In fact, an upcoming Supreme Court case -- Holder v. Humanitarian Law Project -- challenges the vagueness of this federal statute.

      I see, the system is so awesome -- a webmaster was subjected to immense financial strain and had to put his life on the craps table called a jury which could have sent off forever if enough fundy christians were on it by chance. But because this time the dice came up in his favor, all is well and right in the world. That's not some kind of fantasy about government abuse -- that's the actuality of it. A prosecution because something you link to links to something that links to something the Feds hate? That's a really bushy tree of links you have to follow for posting something innocent to ensure you don't spend years in trial with at best a 50/50 chance of going free, to say nothing of the financial ruin if you hit that freedom lotto number.

      --
      What changed under Obama? Nothing Good
    138. Re:One and the same by sjames · · Score: 2

      Your observations on a police state would be true enough iff the letter of our laws tended to perfectly capture the spirit and actual will of the people (where the people consider the possibility that they might one day fall on the wrong side of a 'creative' letter of the law argument). Alas, that is not the case. Far too often we see 'excessively creative' interpretations of the letter of the law that go against the spirit of the law. The only thing that makes that condition more or less livable for most people is the low probability that the 'crime' will ever be detected and that the evidence tends to be too weak to bother with. That unintentional protection goes away with a police state panopticon.

    139. Re: One and the same by Common+Joe · · Score: 2

      Rebellion and revolution can restore wealth and equality... just like voting can restore wealth and equality too. At this point, I'd rather vote. Rebellion and revolution are always messy. There is no scenario where most people come out totally happy. War is ugly. Especially civil war. Who are your foes? It becomes brother against brother and father against son.

      War also leads to only conclusion: Might makes right. Whoever is strongest and tenacious and dominates will be the winner. Anyone caught in the middle gets it bad. Only the strongest survive. No mercy for the weak. A lot of people come out broken. I know someone personally who survived a civil war and he is only in his 20s. It's not pleasant. I've heard his stories and some of them are stomach churning.

      Yes, sometimes war, rebellion, or revolution is necessary, but if there is another option, I'd rather the other option. Going to war because people are stupid and vote in bad politicians is a sure way to lose. If you go to war against the stupid and uneducated, you just make more enemies than you can defeat. You have to educate those who don't know better and get them on your side. Education is the answer to win a war... and it also happens to be the answer we need to prevent war as well.

      Am I up against the wall? Yes. I don't know how to out propaganda the current political regime. They do a great job with their propaganda, but I'm not about take up arms against them. Are you?

    140. Re: One and the same by datavirtue · · Score: 1

      (give any two adults that want legal marriage rights those rights, or give no two adults those legal marriage rights, don't selectively define who can and can't have them based on religious law)

      Why does the government grant marriage rights at all? What is marriage? Why do we need to codify it?

      --
      I object to power without constructive purpose. --Spock
    141. Re:One and the same by grep+-v+'.*'+* · · Score: 1

      Will there ever be a President that I can respect?

      You're in luck! Soon you can cast your vote for Bubba, Jr. -- aka Hillary. You liked him so much the first time, you'll just LOVE him in the encore. (Oh, wait, that was Monica -- sorry.)

      And not to worry about the future: Bubba III is now in the way-early planning stages as well! Chelsa's first run at a show didn't go so hot, but then again that's how you learn. Gotta start somewhere...

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
    142. Re: One and the same by Lost+Race · · Score: 4, Insightful

      IMHO the best reason to vote for a minor party candidate is to send a message to the major parties: If you move in the direction of this minor party, you might get my vote next time.

    143. Re:One and the same by i+kan+reed · · Score: 1

      What's your magic bullet to fix people being improperly prosecuted? Because it sounds like it's "oh just dismantle the entire government" as if that prevents all injustice somehow.

    144. Re:One and the same by ZahrGnosis · · Score: 1

      "Why would they seek retribution for willingly dropping all of the evidence in a shredder, letting the bad guys know how to plug the leak, and walking away?"

      There's no evidence of that happening! And as many have said, IF the proper channels failed, THEN you could go public. For many of these ongoing issues, the evidence can't be shred, and in many cases doing so is in fact a viable resolution to the problem.

      Do we have a single example of one of these high profile folks someone saying "I reported egregious behavior properly via the whistleblower protections, but now all the evidence is gone, but they're still doing bad things so I decided to go public"? I mean, someone had just said "hey, we shouldn't be doing this, should we?" and then everyone said "you know, you're right", and then stopped, that actually sounds like a working system. And we don't know how effective the current system is -- many (obviously not all) abuses may have been stopped via whistleblower protections done properly, but some of this will be classified so that information getting out is both unnecessary and unlikely. And as I said before, we DO know that a few thousand of these a year go on largely without incident.

      But even if we grant that going public was the only way, again I think the difference between approaches are vital. Taking precautionary steps to ensure very little classified information gets out, and that the information that does leak is vital to proving the abuse case is far less destructive than taking loads of evidence and giving it to wikileaks or foreign press. Many of the documents so leaked have hurt diplomatic and intelligence concerns in areas that are disconnected from the targeted abuse. That is unnecessary and what I find punishable, and where I think Drake could be treated with leniency due to his diligence in keeping classified information safe.

      Lastly, just to be clear, I'm not supporting the actions of the organizations either... I was in DC protesting the Patriot Act with many others years ago because I think the problem is more in the laws that allowed this sort of thing to happen. The problem is that the actions may have been LEGAL, if unethical and not what the voting populace wanted or intended because we let these privacy eroding laws happen in the first place. We need more voters to put pressure on politicians to write laws that clearly disallow this sort of privacy-invasion in the first place; that would make whistleblowing more effective (and hopefully less necessary) because the abuses would be more clearly illegal.

      Sorry that's so long, I'll stop ranting now. :-)

    145. Re:One and the same by Curunir_wolf · · Score: 1

      Actually, you'll find that a lot of people breaking the law don't know it, and that ignorance is no excuse.

      That's a general idea in law, but it's not some universally applicable rule. See, for instance Lambert v. California which ruled explicitly that you can't be convicted of a law when there is no reasonable expectation that you knew about it. There are so many laws on the books now, from federal, and state, and local, that no citizen can possibly be expected to know them all. In fact in IRS tax law, you have to be pretty blatantly lying to be charged with tax fraud, because people can't be held criminally liable for understanding all of the filing rules. The Supreme Court established that years ago.

      In US v. Wilson, Judge Posner wrote:

      We want people to familiarize themselves with the laws bearing on their activities. But a reasonable opportunity doesn’t mean being able to go to the local law library and read Title 18. It would be preposterous to suppose that someone from Wilson’s milieu is able to take advantage of such an opportunity. If none of the conditions that make it reasonable to dispense with proof of knowledge of the law is present, then to intone “ignorance of the law is no defense” is to condone a violation of fundamental principles for the sake of a modest economy in the administration of criminal justice.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    146. Re:One and the same by i+kan+reed · · Score: 1

      Right, but with respect to a task directly related to ones own job, such as the handling of classified information, the threshold for ignorance is way higher. I'm far more inclined to hold a CPA accountable for tax fraud than a short order chef.

    147. Re:One and the same by Bartles · · Score: 1

      The Bush administration never did that. This is something new. I'm so glad you now hate him, it's too bad you already gave him your 2 votes.

    148. Re:One and the same by Bartles · · Score: 1

      Is an anonymous coward posting bits of information on the internet a natural living being? No? Shut the Fuck Up, then. The constitution doesn't guarantee rights to people in most cases, it prevents the government from restricting those rights at all. It doesn't give people freedom of speech, it outlaws the restriction of speech itself.

    149. Re:One and the same by ebno-10db · · Score: 1

      Some of your arguments might be pertinent if Obama had even tried to curb these abuses, but he hasn't.

    150. Re:One and the same by Col.+Klink+(retired) · · Score: 1

      Reality: it's specifically your job to understand these things on behalf of your clients(especially since the Lacey act is number two most important law related to your career).

      Did you not even the third sentence? "To make matters worse, the Honduran law governing such shipments was not valid at the time of Huang's arrest---a fact that the Honduran government pointed out to the 11th Circuit Court of Appeals. Nonetheless, the federal court found Huang guilty in March 2003 and imposed a two-year prison sentence." Huang's conviction of violating the "laws" (regulations, really) of Honduras was upheld, despite the fact that the Honduran court found that those laws were not valid at the time they were committed.

      Beyond that, the very thesis of the site is that there are too many laws for anyone to understand. And your rebuttal is that they should have known anyways? The Lacey Act makes it illegal "to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce--- any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law" (emphasis added). And "law" has been interpreted to include all regulations, not just "laws" passed by legislatures.

      Do you know every single law and regulation related to fishing in every country? There's no master list that you can look up, and there is physically no way to know that no laws were broken unless you were physically present at every step of the process. Oh, and in this example, it doesn't really matter if the laws were repealed or overturned, either.

      --

      -- Don't Tase me, bro!

    151. Re:One and the same by Yakasha · · Score: 1

      From what little I've tracked down over the years, the political orientation of nonvoters and voters is about the same.

      I find that hard to believe since age has such a large impact on party affiliation (young=democrat; old=republican), population size (more young people than old), and voter turnout (young people don't vote).

      From this it seems to follow that the majority of non-voters are liberals and thus increasing turnout across the board would skew all elections in that direction.

    152. Re:One and the same by Yakasha · · Score: 1

      Will there ever be a President that I can respect?

      I hope not, that would lull you into a false sense of security.

      I might prefer that than our current false sense of obscurity.

    153. Re: One and the same by Sarius64 · · Score: 1

      What arbitrary moral dictates TWO adults either? What evidence supports current laws against polyamorous relationships? Government has effectively stole property and subjected citizens to life in prison for polygamy. Conrad Murray murders Michael freaking Jackson and gets out of jail after two years. Polygamists that simply STATE their relationships are marriages go to jail for longer. Marriage needs to be removed from law as an unconstitutional if it cannot be completed in any form desired between consenting adults. Legal marriage rights are designed (in America) to discriminate against the male population and should be removed on the same basis, IMO.

    154. Re: One and the same by hummassa · · Score: 1

      Assuming you are right, and THEY exist: As long as none of us peek behind the curtain, we'll never be capable of doing that. Even after we remove the puppetmasters, I am fairly certain new, improved puppetmasters will show up. (obviously, if you are wrong and there is no THEM, changing puppets does change things) (or at least create the conditions for changing things) The truth, IMNSHO, is that the will to get to power usually generates power, and no people have more will to have power over others than psychopats/sociopaths, and so those naturally drawn to power. Non-empathically-challenged people have to put safeguards in the social fabric and system just to be protected from the empathically-challenged people that will undoubtedly rise to power.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    155. Re:One and the same by relisher · · Score: 1

      Going back retroactively to MAKE someone a criminal is an act of corruption and injustice.

      I fact, I think this is called ex post facto law, which is expressly banned in the constitution...

    156. Re: One and the same by ShanghaiBill · · Score: 1

      Ross Perot ( http://en.wikipedia.org/wiki/R... ), won a large amount of popular vote in 1992 (~19% the largest third party popular vote in almost a century) and I don't recall any big sea changes in the two big parties

      Ross Perot didn't make much of a difference because, other than opposition to NAFTA, he didn't really stand for anything in particular.

    157. Re:One and the same by anagama · · Score: 1

      Require intent to break the law. The old "ignorance is no excuse" becomes a catch 22 when no person can know all the laws, i.e., everyone is ignorant. The law instead becomes nothing but a means of oppression against people the government dislikes -- a tool of despotism.

      Make intent matter. That's an easy fix.

      --
      What changed under Obama? Nothing Good
    158. Re: One and the same by DuckDodgers · · Score: 1

      I'm fine with that. If there's no legal benefit to marriage, no matter whether you're gay, straight, transvestite, trans-sexual, or just two friends in a platonic relationship that live together, that's fine with me. But what we have right now is unfair - the Judeo-Christian religious definition of marriage carries legal benefits, and all other definitions do not. Either grant the benefits to any two adults that want a secular partnership, or to none.

    159. Re:One and the same by sjames · · Score: 1

      How many reports through proper channels have we EVER heard of leading to any debate over the NSA?

      Thanks to Snowden et. al., we know there's plenty to report. What are the odds that 100% of the whistle blowers bypassed 'proper' channels? The one factor that could explain 100% bypassing proper channels: They know proper channels is as good as shredding the evidence and remaining silent.

    160. Re:One and the same by dywolf · · Score: 1

      im not familiar with that case, but reading it, it really has nothing to do with the logic choice I presented.
      and dont assume too much about my own actual opinions.

      i'm simply illustrating the point that generally given the choice its usually better to overclassify than underclassify.
      now you claim the law exists simply as a gotcha, and that's silly (the cynism i was referring to).

      intentionally overclassifying should fall under the law. but its hard to prove: you cant really fault someone for being cautious, but you can for being malicious, but you have to prove malice. on the other hand, intentionally underclassifying can really only be malicious in nature, as it can only be harmful to the country's interests. point: its not that you cant criticize someone for overclassying, its that its hard to prove it was malicious in nature. when your job is security, its hard to fault you for being very secure. but when your job is security, its very easy to fault you for not being secure enough.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    161. Re:One and the same by LinuxLuver · · Score: 1

      Presidents tend to be selectively amoral egotists......or they never get to be President in the first place. Why else would someone sacrifice almost their entire lives to the pursuit of such a thing? The US system is badly set up. At almost every level the US Constitution encourages, allows or requires corruption. It's a system designed to fail under load....and with over 300 million people in 50 states.....it's definitely overloaded.

      --
      Only boring people are ever bored.
    162. Re:One and the same by gmanterry · · Score: 1

      Your whoosh implies that Akratist was joking. I don't think that was the case. I am sure they 100% believe in the corruption of our elected officials.

      Is there anyone who believes that the U.S. Government hasn't become a huge banana republic? We need to find a way to get term limits and get rid of the cancer that Congress has become. That includes the politically driven Supreme Court also. This is why big government is not good.

      --
      Since when is "public safety" the root password to the Constitution?
    163. Re: One and the same by shutdown+-p+now · · Score: 1

      There is a tendency for those voters to converge on one third candidate. The exact mechanism causing those voters to converge on one candidate is not entirely clear to me. For a start, I don't know how many of them realize they are putting the choice of a winner in the hands of other voters, and how many of them do realize but rationalize, that they'd rather send a signal by voting for a third candidate than have a tiny amount of real influence.

      Sending a signal is a part of it, but voting third party is really more of a long term proposition. Yes, you end up not affecting this election cycle, but the more people in it vote for a third party, the more viable that third party will look in the next cycle. The goal is to gradually ramp up to the point where it becomes a serious option for regular voters to consider.

    164. Re: One and the same by TangoMargarine · · Score: 1

      He apparently stood for NOT being a Republican or Democrat. That's a good start.

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      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    165. Re: One and the same by kasperd · · Score: 1

      The goal is to gradually ramp up to the point where it becomes a serious option for regular voters to consider.

      The problem is, that with the number of election cycles this ramp up would take, it is hard to reach that goal within a lifetime.

      A ballot with a first and second priority would cut down on the number of cycles needed and be much more democratic. The idea is that you can place your first priority vote on whoever you really believe in. From the remaining candidates find the two you think will get the highest number of votes, and place your second priority vote on one of those two candidates.

      You don't have to worry about your vote being lost due to the first priority not getting near the required number of votes. If that happens, your second priority vote would be the one that counts. Now if a new candidate comes along and is preferred by the majority of voters, but nobody wants to run the risk of losing their vote by voting for the new candidate, they can all vote for him as first priority and one of the established candidates as second priority. In such a situation a new candidate can have a chance of getting elected in their first election.

      In the beginning, I think a majority would vote for one of the two established candidates as their first priority, but I do not think that a majority of voters would put the other established candidate as their second priority. So there is most likely going to be a much more clear picture of which of the other candidates would be viable in the next election. So even if a new candidate isn't an obvious choice in his first election, there is almost always going to be some candidate who got a decent number of second priority votes in the previous election.

      So not only is there a chance of getting elected the first time around, it will only take two elections for somebody to look like a viable candidate, and once a candidate starts looking viable it is easier to get elected without being one of the two established candidates.

      The main problem is, it doesn't seem any of the established candidates want to make the system more democratic.

      --

      Do you care about the security of your wireless mouse?
    166. Re: One and the same by DuckDodgers · · Score: 1

      Why "against the male population"? A polyamorous relationship involving one woman and more than one man, or more than one woman and more than one man, would have the same legal difficulties.

      I think the practical problem with legal benefits to polyamorous relationships is that they become more expensive to the government. There's a small tax break for married couples, and they can share among other things social security and medical insurance benefits. I don't have a problem extending that to any two adults. Once you extend it to any three or more, it gets more expensive. Say five people have a legally recognized polyamorous relationship - does that mean they get all five get a substantially larger tax break? What if four are dead and the last one is 88 years old, does the last survivor get five Social Security checks? etc... etc...

    167. Re:One and the same by NewYork · · Score: 1

      A terrorist is a freedom f ighter who isn't on your side.

    168. Re: One and the same by Sarius64 · · Score: 1

      Even the shallowest search of marriage laws displays their complete bias against males in any marriage arrangement. My personal feelings aside in any of these issues, if traditional marriage is thrown aside the only reasonable rule that will exist is consenting parties in any marriage relationship for the future. There is no legal basis to deny multiple men, incestuous, or any other adult marriage relationship. Your practical problem thesis for the government is the least of Ny reasonable concerns for marriage changing.

    169. Re: One and the same by shutdown+-p+now · · Score: 1

      Neither of the two parties is interested in changing the electoral system precisely because it makes them safe against third parties. So ranked vote (or proportional representation even, or any other method that would change the status quo) not happening until we get a third party in power.

      And yes, it is a very long term gamble. But long term is still better than never.

    170. Re: One and the same by penix1 · · Score: 1

      You see that excuse every time a repeal of the college to the popular vote is put forward. Although that may (emphasis on MAY) be true, what we have now is candidates catering to those states with high electoral votes ignoring those small states none the less. SO I don't see where it would be any different.

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    171. Re: One and the same by DuckDodgers · · Score: 1

      I don't follow your logic. I have seen nothing to indicate that relationships involving lesbians or one woman and multiple men have more legal standing in the US than relationships between gay men or with one man and multiple women.

    172. Re: One and the same by kasperd · · Score: 1

      Neither of the two parties is interested in changing the electoral system precisely because it makes them safe against third parties.

      That sounds very undemocratic.

      --

      Do you care about the security of your wireless mouse?
  2. This Is Nothing New. by rmdingler · · Score: 5, Insightful
    Labels such as traitor or revolutionary hero are interchangeable, depending on how things work out.

    Washington, Adams, Franklin, Hancock, et al would've been hung as traitors if the Brits had quashed the American rebellion.

    Bucking the system is courageous for a reason.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:This Is Nothing New. by gstoddart · · Score: 2

      Washington, Adams, Franklin, Hancock, et al would've been hung as traitors if the Brits had quashed the American rebellion.

      History is written by the victors.

      -- Winston Churchill

      --
      Lost at C:>. Found at C.
    2. Re:This Is Nothing New. by DrLang21 · · Score: 4, Interesting

      That's why there are supposed to be legal protections for whistleblowers. These cases are not supposed to even get past the court hearing. However, they made a stupid exception for anything dealing with national security, which is where the most egregious corruption can occure.

      --
      I see the glass as full with a FoS of 2.
    3. Re:This Is Nothing New. by superwiz · · Score: 1

      That would make Osama a turncoat. He did turn on the US. Every turncoat in every situation is considered a traitor.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    4. Re:This Is Nothing New. by ebno-10db · · Score: 1

      We must all hang together, or assuredly we shall all hang separately.

      -- B. Franklin, after signing the Declaration of Independence

    5. Re:This Is Nothing New. by dywolf · · Score: 1

      Popular myth aside, he never di any such thing.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    6. Re:This Is Nothing New. by dywolf · · Score: 1

      Interchangable? No. Usually not. To say they are interchangable is to vastly oversimplify it.
      Should the Rosenburgs be seen as potential heros for giving nuclear secrets to Russia should Russia have won a hot or cold nuclear war?
      Should Benedict Arnold be seen as a hero for turning on his own nation to assist a repressive foreign power in attacking his nation?

      Stop promoting the myth that these words are interchangable and depend only on the victor. That's completely wrong headed.
      The motivation of the individual matters for much.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    7. Re:This Is Nothing New. by broken_chaos · · Score: 2

      They also then proceeded to define pretty well everything involving any part of the government anywhere in the world as dealing with national security...

    8. Re:This Is Nothing New. by HiThere · · Score: 1

      Whether you think it's stupid or not depends on what you think their purposes were. I would have accepted "sleazy" or "manipulative" as appropriate, but I don't really think it was "stupid".

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:This Is Nothing New. by rmdingler · · Score: 1
      Don't you imagine there were some thinkers in that bunch who signed the change order to King George with a knot in their stomachs?

      Do you think Snowden and Greenwald ever felt that knot?

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    10. Re:This Is Nothing New. by DrLang21 · · Score: 1

      I openly admit that I am presupposing no malicious intent and that the purpose of whistleblower protection is to genuinely help root out corruption in the government. Whether or not we agree on that detail, I think we can both agree that a derogatory adjective of some kind is appropriate.

      --
      I see the glass as full with a FoS of 2.
  3. Traitorous spies? by Vintermann · · Score: 4, Informative

    Traitorous spies? No, that is false. The law was written to deal with socialists advocating isolationism in WWI.

    --
    xkcd is not in the sudoers file. This incident will be reported.
    1. Re:Traitorous spies? by FriendlyLurker · · Score: 2

      Where Socialists == anybody concerned with trying to better their community/common good. Especially where such doo-good for the community actions is affecting or even may possibly affect some companies profit now or sometime in the future, maybe. See Town and Community WiFi scandals as one small example.

    2. Re:Traitorous spies? by Arker · · Score: 3, Insightful

      And not just socialists, right wing opponents of war were not treated notably better.

      The espionage act has been used against real spies on occasion, but more often it has been used as a stick against dissenters.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    3. Re:Traitorous spies? by HiThere · · Score: 1

      Not really, though there is a spread in that direction. However historically religiously connected advocation of bettering the common good has been acceptable. Even when without the religious connection it would be labelled socialist. Or even Socialist.

      Perhaps some small town should get their church to install community Wi-Fi to "spread the word". That would be the test.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. hello real world by Connie_Lingus · · Score: 2

    its laughable for people to think anyone who challenges deep political and financial power structures are going to 1. somehow be rewarded or applauded for their efforts or 2. get some sort of "fair trial" (whatever that really means in our current legal system) where a positive outcome for the WB would encourage others to follow suit. ...and for those who think otherwise...sorry to tell you...it was your parents putting the money under the pillow, not the tooth fairy :((

    --
    never bring a twinkie to a food fight.
    1. Re:hello real world by TWiTfan · · Score: 2

      You might have missed these:
      Former U.S. Officials Give NSA Whistleblower Snowden Award in Russia

      Maybe YOU missed the "in Russia" part. Pretty such any medal pales in comparison to the punishment of having to spend the rest of his life in exile from the country he grew up in and tried to help.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    2. Re:hello real world by kilfarsnar · · Score: 1

      its laughable for people to think anyone who challenges deep political and financial power structures are going to 1. somehow be rewarded or applauded for their efforts or 2. get some sort of "fair trial" (whatever that really means in our current legal system) where a positive outcome for the WB would encourage others to follow suit. ...and for those who think otherwise...sorry to tell you...it was your parents putting the money under the pillow, not the tooth fairy :((

      Well said, Connie. This is the essence of it right here.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    3. Re:hello real world by TangoMargarine · · Score: 1

      Rather heartening...up until the point where they mentioned that Miley Cyrus is in the running for "Person of the Year." Gaaah...

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  5. Land of the free..... by Anonymous Coward · · Score: 3, Interesting

    As an outsider (not a US Citizen) I laugh everytime I read an account of how persecuted US citizens are.

    Even in Soviet Russia at the height of the cold war russians had rights. (It's interesting reading the real account of life in russian from people who lived it not the propaganda)

    Chinese citizens have more rights than you do (as long as they stay within the political party rules) and the law is mostly clear with clearly defined rules and laws.

    The US system of laws and bylaws is so convluded that the Avg person commits 3 felonys a day ("http://www.fee.org/the_freeman/detail/three-felonies-a-day-how-the-feds-target-the-innocent#axzz2rEA3eW6J)

    USA's Tax law along is almost 4 million pages long.
                                                                                    Implied
    Welcome to the Land of the ^ free

    1. Re:Land of the free..... by TWiTfan · · Score: 1

      Even in Soviet Russia at the height of the cold war russians had rights.

      Yeah, but they didn't have blue-jeans--which, Ronald Reagan assured me, made them very oppressed! They also couldn't travel around without papers, unlike in the U.S. where you're free to travel around anywhere--as long as you have a driver's license, proof of citizenship, Social Security Number, proof of insurance, and car registration.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    2. Re:Land of the free..... by Anonymous Coward · · Score: 2, Insightful

      Wow, I grew up in south america as well and I have lots of colleagues from Russia. I am living in the UK now.

      How many lies in few sentences. It is so easy to find the truth. Just compare the number of people that immigrated to the USA with the number that emigrated from the USA and you will see how much it is a fallacy.

    3. Re:Land of the free..... by ebno-10db · · Score: 1

      Even in Soviet Russia at the height of the cold war russians had rights. (It's interesting reading the real account of life in russian from people who lived it not the propaganda)

      That's odd, because I know lots of Russians who grew up in the USSR, and not a one of them sees the USSR favorably compared to the US, in rights or anything else.

      Chinese citizens have more rights than you do (as long as they stay within the political party rules)

      "As long as they stay within the political party rules"? Right, they have lots of rights as long as they don't piss off the people in power. So do we Americans. As for comparison, I've never heard Chinese ex-pats say they had more rights or freedom in their native country. Perhaps you should educate them.

    4. Re:Land of the free..... by dkleinsc · · Score: 1

      Just compare the number of people that immigrated to the USA with the number that emigrated from the USA and you will see how much it is a fallacy.

      That's a matter of advertising, not a good measure of how well someone is actually treated. The classic joke about this is that immigrants came to America thinking the streets were paved with gold, but on arrival quickly discovered 3 things:
      1. The streets were not paved with gold.
      2. The streets were not paved.
      3. It was their job to pave them.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:Land of the free..... by westlake · · Score: 1

      Even in Soviet Russia at the height of the cold war russians had rights. (It's interesting reading the real account of life in russian from people who lived it not the propaganda)

      Solzhenitsyn argued that the Soviet government could not govern without the threat of imprisonment, and that the Soviet economy depended on the productivity of the forced labor camps, especially insofar as the development and construction of public works and infrastructure were concerned.

      This put into doubt the entire moral standing of the Soviet system. In Western Europe the book eventually contributed strongly to a need for rethinking of the historical role of Lenin. With The Gulag Archipelago, Lenin's political and historical legacy became problematic, and those factions of Western communist parties who still based their economic and political ideology on Lenin were left with a heavy burden of proof against them. George F. Kennan, the influential U.S. diplomat, called The Gulag Archipelago, "the most powerful single indictment of a political regime ever to be levied in modern times".

      In an interview with German weekly Die Zeit British historian Orlando Figes asserted that many gulag inmates he interviewed for his research identified so strongly with the book's contents that they became unable to distinguish between their own experiences and what they read: "The Gulag Archipelago spoke for a whole nation and was the voice of all those who suffered".

      Since the dissolution of the Soviet Union and the formation of the Russian Federation, The Gulag Archipelago has been officially published, and it is included in the high school program in Russia as mandatory reading in 2009.

      The Gulag Archipelago

  6. Snowden by Anonymous Coward · · Score: 1

    There is the answer to all the people who say, "He should have just been a whistleblower". He would have been silenced, and we would never have found out about how we are being spied upon by the NSA.

    1. Re:Snowden by AHuxley · · Score: 1

      Yes the list of some of the past people who tired to work in the US system can be found on sites like :
      http://cryptome.org/2013-info/...
      The Drake case really showed even with political support and a legal team that been a whistleblower facing own bosses in the US gov in any court is not viable anymore.
      http://en.wikipedia.org/wiki/T...

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Snowden by kilfarsnar · · Score: 1

      Any evidence to support your allegation? I'm pretty damn sure that he got the traction he claims to have wanted before he started his attempt to systematically destroy our international espionage capability. Try him and hang him. He's proud of his treason.

      Of course there is evidence.

      Try this: http://www.washingtonpost.com/...

      And this: http://www.usatoday.com/story/...

      Yeah, I'm sure he got the traction he wanted...

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    3. Re:Snowden by Artifakt · · Score: 1

      In a recent speech, the President of the United States said, in just one sentence, that Snowden did not first approach his own supervisors with his concerns and that Snowden was protected by a particular law reguarding whistleblowing. Both those points are demonstratably false. (That Snowden did discuss the situation with some supervisory authorities first is a matter of record both sides of the debate have agreed to, and the law President Obama mentioned specifically does not apply to contractors but only goverment grade system persons.).
                I'd say that's supporting evidence right there - the POTUS either actually lying or uncritcally believeing what he's told by one side and using those statements to influence the public, when a trial may still happen and his government is still actively supporting just such a trial. I don't know if Snowden would have successfully been silenced, as that's a prediction on a hypothetical. That the attempts would have been made is overwhelmingly likely, given what attempts are being made to either stop others considering futher revelations or punish the man now. Trying to prejudice a jury with false statements is playing pretty dirty pool - I think that puts the ball in your court*, to prove the people who are doing it won't go "a little farther", into illegal detention or even assassination.

      * not so much you personally, as all the people who are claiming the government wouldn't be doing anything illegal or dirty if Snowden hadn't done X, Y, or Z first. We know the government is currently breaking the law re. Snowden, and trying to taint a man's right to a fair trial is a damned serious case of both illegal and dirty - that means the burden of proof is to you, and others who agree with you, to prove the government won't go any further into felony level actions, or is doing this only reluctantly because Snowden crossed certain thresholds first, etc.
                  Normally, when we see people breaking laws, we assume they are likely to break others. I'll even use a simple car analogy if that will make it clearer. If I see a young adult just attempting to syphon gas from my car, and it's parked on the street, not my property, that's probably not even a felony unless he broke a lock to enter, but I have the right at that point to consider the man as probably willing to use force to keep me from detaining him for the police, and to draw a weapon to defend my property (I'm not in Florida, and If I was, I personally still wouldn't just shoot him unless he actually attacked me anyway (because I'm not a hate filled psychopath - taking a man's life is the ultimately serious choice, and even if he doesn't value his life all that much, I do), but he can't get me charged with 'intimidation by threat of lethal force' or anything like that either - the law protects my presumption). The police approaching him have that same right, and can also presume he might be responsible for other, possibly more serious crimes in the area - for examples, when they arrest him, they can look for his prints on other cars and on my home entrances, they can take DNA samples whch would probably only be useful in the case where he also commmited a rape or murder, they can question him about where he was when other thefts in the area were occuring, et cetera. That's all reasonable for a crime of less than felony status. So why shouldn't we, the people, presume that if Snowden had worked 'within the system' for longer before going out, the same people who are playing dirty now would have played dirty in your hypothetical? Again, the burden of proof shifts to your side, by any normal logic.

      --
      Who is John Cabal?
  7. Re:They aren't whistleblowing. by artg · · Score: 5, Insightful

    In a democracy, the public IS a higher authority than the government. Sometimes, the officials forget this.

  8. Re:They aren't whistleblowing. by Entropius · · Score: 4, Insightful

    Whistleblowing is reporting malpractice to a higher authority.

    In a democracy, the highest authority is the people. Manning knew that she'd have no success going to her commanding officer, or his CO, or his CO, or even the President or Congress. So he reported the malpractice to the President's boss: the people.

  9. Re:Whistleblowers by artg · · Score: 1

    But you have no credibilty, because you are an anonymous coward. Snowdon specifically renounced his anonymity, because he is not a coward.

  10. Re:Whistleblowers by Sique · · Score: 1

    If it is against your interest or your self-image, you will always find a reason why someone is not a whistle-blower. He still may be the hero of all the people you bully around.

    --
    .sig: Sique *sigh*
  11. Re:They aren't whistleblowing. by AGMW · · Score: 1

    Of course, when the highest authority is complicit there is no one within the system to report to, and the only alternative is to blow the whistle loud and clear where EVERYONE can hear because it is pretty clear that anything else will simply be swept under the carpet.
    Remember, Manning released _proof_ that the US armed forces were guilty of gunning down a Reuters reporter, then was further complicit in denying it happened and covering up, let alone not offering help to those wounded during the strike.

    --
    Eclectic beats from Leeds, UK
    handmadehands.co.uk
  12. Re:They aren't whistleblowing. by Anonymous Coward · · Score: 1

    Whistleblowing would be reporting to a higher authority wrongdoing within the government. That means that they are reporting to someone within the government that is higher up.

    Newsflash: the supervisor and employer of the government in a democracy is the people.

  13. Paywalled by Anonymous Coward · · Score: 1

    Thanks, but no thanks.

    I too would like to know why whistleblowers can't get a fair trial. Could someone put up the full text?

  14. Paywalled articles on slashdot by l2718 · · Score: 5, Interesting

    The link is to a news story behind the Wall Street Journal's paywall; I think such stories should be reconsidered. Such situations are acceptable with posts on science, which often link both to a popular-science write-up and to the original journal article: probably those readers with the expertise to read the original literature are subscribers. Links to ordinary news stories should follow the same policy: if there must be a link to a paywalled story, a link to a generally accessible version should be expected as well.

    1. Re:Paywalled articles on slashdot by _Sharp'r_ · · Score: 4, Informative

      Use this link instead, click on the top result:
      https://www.google.com/search?...

      A pain, I know.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    2. Re:Paywalled articles on slashdot by Arker · · Score: 1

      Technically speaking the link does not point to a webpage, and is therefore nothing but noise. I am sure a decent percentage of slashdot readers see it as such. And you are right, if they had enough organisational skills to HAVE an editorial policy, it should prohibit such 'links' from being posted like this.

      Along with all the dupes and not-actually-english writeups.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    3. Re:Paywalled articles on slashdot by Xphile101361 · · Score: 1

      This is slashdot. Why are you clicking on links.

    4. Re:Paywalled articles on slashdot by phantomfive · · Score: 1
      It wasn't paywalled when I linked to it, sorry.

      Links to ordinary news stories should follow the same policy:

      The interesting thing about the story is it's an exposition by someone with a lot of knowledge on the topic, and involved in the events. That puts it a step above a typical news story.

      --
      "First they came for the slanderers and i said nothing."
    5. Re:Paywalled articles on slashdot by _Sharp'r_ · · Score: 1

      Except of course, if you click on it via Google it bypasses the paywall because of the referrer data being passed... sorry, thought this was a tech site.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
  15. Written to deal with spies? by IamTheRealMike · · Score: 2

    Pretty sure that those things are not problems to do with how these specific laws are written, they're fundamental flaws in the trial process and thus the judiciary itself. If such basic rules are being ignored then by definition you wouldn't know if an accused person was actually a traitorous spy or not, would you, because the system would be unable to come to any trustworthy conclusion.

  16. Re:They aren't whistleblowing. by grahamm · · Score: 2

    Yes, most governments forget that they are the servants of the people, not the other way round.

  17. Hope and Change by DNS-and-BIND · · Score: 5, Insightful

    "As Americans, we can take enormous pride in the fact that courage has been inspired by our own struggle for freedom, by the tradition of democratic law secured by our forefathers and enshrined in our Constitution. It is a tradition that says all men are created equal under the law and that no one is above it."

    "Change will not come if we wait for some other person or some other time. We are the ones weâ(TM)ve been waiting for. We are the change that we seek."

    "Iâ(TM)m in this race not just to hold an office, but to gather with you to transform a nation."

    "Change doesnâ(TM)t come from Washington. Change comes to Washington."

    Now watch me get modded down for using Obama's own words against him. Remember, citizens, report suspicious subversive activity immediately!

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    1. Re:Hope and Change by Demonantis · · Score: 1

      It isn't just Obama. It is Standard Operating Procedure for all US branches of security. Look up Frank Oslon. The US is just marginally better than the Nazis at times. The things the US does in the name of security is disgusting.

    2. Re:Hope and Change by DNS-and-BIND · · Score: 1

      But Obama was different and was going to deliver us. And yet, to this day, criticism is muted and barely exists. Oh, and drop the whole USA = Nazis thing, it's getting old and shows you're a nutbag.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  18. Re:They aren't whistleblowing. by superwiz · · Score: 2

    In the US, every public official's oath of office is to the Constitution (ie, to the rule of law). God helps us if we ever truly become a nation where the rule of men overshadows the rule of law.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  19. Re:would ex post facto apply here? by Anonymous Coward · · Score: 1

    They aren't passing a law they changed the status of a document, basically saying that the intent of the law was broken and that he *should* have known that these were incorrectly marked because of his experience. But this logic doesn't apply to bankers, only whistleblowers.

  20. Re:They aren't whistleblowing. by Overzeetop · · Score: 4, Insightful

    Except that we do not live in a democracy, we live in a republic. A democracy fails to function beyond a certain number, so a republic is formed to increase efficiency. That is not to say that we are discovering the limits of functioning of a republic, too. Humans may simply not be justly organizable above a certain multiplier of their monkeysphere.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  21. Re:Whistleblowers by MrMickS · · Score: 1

    In both cases there is way too much alleged indiscriminate collateral damage to hide behind the whistle blower defense.

    Fixed it for you.

    Without disclosure then their is no proof of collateral damage, instead you have to believe the word of the agencies who were suppressing the information leaked in the first place.

    What was proven by Manning's leaks was that the US Military were covering up war crimes. Nothing new there, its standard practice, the last thing the US wants its their soldiers being held to account for their actions.

    The Snowden leaks have proven that the NSA is, in all probability, in breach of the US Constitution. Which I think is illegal.

    --
    You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
  22. Seven out of how many? by fygment · · Score: 1

    7 out of 100 ... would tell me that the those 7 _did_ do something odd

    7 out of 7 ... okay let's get paranoid.

    7 out of 5 ... NSA at work?

    --
    "Consensus" in science is _always_ a political construct.
  23. 7 out of how many? by Overzeetop · · Score: 1

    There is a continuum from objection to whistleblowing to traitor, not a stark line. How many whistleblowers have there been in the last decade who have indicated waste, fraud, and abuse that exists in the 2 million people who form the federal government? In terms of dangerous or classified documents leaked to the public, where do these 7 stand wrt quantity, sensitivity, and content related to those who were not prosecuted?

    Without this data, the fine article is merely clickbait.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  24. Re:They aren't whistleblowing. by gstoddart · · Score: 2

    Whistleblowing would be reporting to a higher authority wrongdoing within the government.

    Except when those who are the 'higher authority' say "nothing to see here, move along", then doing it through government channels is pointless.

    When your government is knowingly breaking the law and doing stuff like this, you pretty much can't gain anything by telling them it's happening, because they don't care.

    "All that is necessary for evil to triumph is for good men to do nothing."

    --
    Lost at C:>. Found at C.
  25. Re:They aren't whistleblowing. by slapout · · Score: 1

    The public often forgets this

    --
    Coder's Stone: The programming language quick ref for iPad
  26. So Don't Convict by CanHasDIY · · Score: 5, Insightful

    In the Bradley Manning case, the jury wasn't allowed to see what information was leaked.

    When you're on a jury, you have a duty to both the accused and your nation to consider evidence fairly, within Constitutional constraints. Being prevented from seeing evidence would, to me, be all the reason necessary to give a verdict of 'not guilty.'

    All accused American citizens have a right to confront their accusers and the evidence presented against them, in a fair and speedy trial conducted within due process. Period, end of story; don't like it? Amend the Constitution or GTFO.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
    1. Re:So Don't Convict by Kim0 · · Score: 1

      When you're on a jury, you have a duty to both the accused and your nation to consider evidence fairly, within Constitutional constraints. Being prevented from seeing evidence would, to me, be all the reason necessary to give a verdict of 'not guilty.'

      Absence of evidence really IS evidence of absence, as proved:

      http://kim.oyhus.no/AbsenceOfE...

    2. Re:So Don't Convict by dbc · · Score: 1

      As a practical matter, the way court procedures work, a juror is extremely unlikely to know if any evidence has been withheld. It's a classic catch-22.

    3. Re:So Don't Convict by PRMan · · Score: 1

      Jurors are not in the courtroom when the decision is made to withhold evidence, so they don't know.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    4. Re:So Don't Convict by CanHasDIY · · Score: 1

      As a practical matter, the way court procedures work, a juror is extremely unlikely to know if any evidence has been withheld. It's a classic catch-22.

      Under normal circumstances, I'd agree.

      However, in cases such as Manning's, I think it's fair to assume that there was a fair amount of, "we can't tell you that, it's classified" going on.

      To which the only proper response is, "then you can't use it as evidence."

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:So Don't Convict by dbc · · Score: 1

      As a juror, you don't see that. Evidentiary hearings are done without the jury present. Most is done before the jury is selected, if something comes up during trial, the jury is sent out of the room to decide if evididence will be allowed in, But most of those issues are resolved during discovery. The rules of evidence applying to discovery are intended to make sandbagging your opponent impossible, and most judges will slap you down hard if you try to get around that. Once trial starts, letting something out in open court that the jury should not have heard is the quickest way to make a judge angry. So, as a juror, you will never here "we can't tell you that" -- even hinting that you might say that is not on -- you ask for a side-bar conference with the judge and opposing counsel, and if the issue can't be resolved in 5 minutes of whispering, the jury is sent out of the room.

    6. Re:So Don't Convict by david_thornley · · Score: 1

      Presumably, the right thing for a jury to do is to consider the evidence offered by the prosecution and decide if that evidence is enough to remove reasonable doubt. That may give the government problems in prosecuting a case, but that's far, far better than re-enacting the Dreyfus Affair of late Nineteenth-Century France.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  27. Re:They aren't whistleblowing. by amaurea · · Score: 1

    First of all, I think you're using a nonstandard definition of whistleblower here. Here is a typical dictionary definition:

    S: (n) whistle blower, whistle-blower, whistleblower (an informant who exposes wrongdoing within an organization in the hope of stopping it)

    Secondly, isn't the highest authority in a democracy supposed to be the people? So even with your definition, people who alert the people to wrongdoing in the government are whistleblowers.

    Thirdly, sure, when they leak information people get hurt. But have you considered that the government's wrongdoings also hurt people? Not just the few who have chosen a dangerous line of work as spies, but potentially everybody. I don't think it's obvious that the harm to the spies outweighs the harm to the rest of the people.

  28. Re:would ex post facto apply here? by __aaltlg1547 · · Score: 1

    No.

  29. Obama is another word for trash by fredrated · · Score: 1

    As a life-time Democrat it pains me to say it, but it is true.

    1. Re:Obama is another word for trash by PRMan · · Score: 1

      Good. Maybe you've learned that "lifetime Democrat" is an unthinking position that's beneath you. (As is "lifetime Republican".)

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  30. Re:They aren't whistleblowing. by AHuxley · · Score: 2

    Re provide aid to our enemies in the process... mb you missed the "Manning acquitted of aiding enemy" aspect...
    http://usnews.nbcnews.com/_new...

    --
    Domestic spying is now "Benign Information Gathering"
  31. Re:They aren't whistleblowing. by dethtungue · · Score: 1

    The top authority in our US government is not the President, Congress or any official. It is the American people. Because the President and large swaths of the federal government are corrupt to the core, the only higher authority is us. And if we don't care to do anything about it, then shame on us.

  32. Re:They aren't whistleblowing. by allaunjsiIverfox2 · · Score: 1

    Except that we do not live in a democracy, we live in a republic.

    And they're supposed to be acting as our representatives, so if they're breaking the law, we still have the right to know.

  33. Re:The last refuge of a scoundrel... by allaunjsiIverfox2 · · Score: 1

    You're parroting Fox News here.

    Not just Fox News. I've heard this nonsensical propaganda on every channel, including Fox News.

  34. Re:They aren't whistleblowing. by hypergreatthing · · Score: 1

    You're getting stuck on labels. The constitution starts out with "We the people". The government is beholden to the people no matter what shape or form it takes under the guise of the constitution.

  35. Nope, they anticipated this by Anonymous Coward · · Score: 5, Insightful

    Sadly, the math pretty much guarantees this outcome. The people who designed the system we use had few models to look to and did not have the background to anticipate the problems that would arise.

    "There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution."
    Letter to Jonathan Jackson (2 October 1780), "The Works of John Adams", vol 9, p.511

    1. Re:Nope, they anticipated this by TheRaven64 · · Score: 4, Interesting

      And yet they went with a set of first-past-the-post elections that pretty much guarantee this outcome. If they'd written their constitution a hundred or so years later, then they'd have had the mathematical tools available to study and understand this, rather than just some vague disquiet.

      --
      I am TheRaven on Soylent News
    2. Re:Nope, they anticipated this by LinuxLuver · · Score: 1

      True then and true now. Most democracies (almost 90% today) avoid this problem by using proportional voting systems that deliver diverse, multi-party legislatures where no one party controls everything. So they must work together....and if one party refuses to play ball, then usually someone else will. It's not perfect, but it's massively better than how the US does things. (In a system using proportional representation (dependong on how it is set up), voters vote for a party (list PR with candidates on ranked lists), or a person who represents a party (STV - Single transferable Vote) - or both - (Mixed-Member Proportional with local and list candidates) and seats are allocated to parties based on their share of the total vote. Ten percent of the vote gets a party 10% of the seats. Votes actually count! They elect people that voters actually want. No matter where you live..... It's so much better. It's insane the US is incapable of revising it's failed political institutions. Most Americans have no idea how their own country actually works.

      --
      Only boring people are ever bored.
    3. Re: Nope, they anticipated this by leslie.satenstein · · Score: 1

      What about redrawing electoral district boundaries? That defeats the true definition of fairness. E

  36. Re:They aren't whistleblowing. by Overzeetop · · Score: 1

    Actually, I'm not. We, the people, are who the government is organized to protect and serve. We are the beginning and the end. However, you will remember that the constitution was not written for "the people," but rather by and for the "1%" to use a modern term - the white, male, landowners of the time. It was intended to provide basic freedoms and to restrict the rights of those with whom we did not share a common heritage and moral foundation.

    The fact that it is a republic is very salient, as the "people" do not vote on the issues, they elect representatives to do so (okay, it's a representative democracy - we can argue semantics I suppose). While "we the people" are in control, each of us only have a voice in less than 1% of the elected officials. They actually *don't* all have to look out for my interest, only 4 of them are charged such (1 HR, 2 Sen, 1 P/VP pair). That's it. One might say I don't even elect the president, as that is the job of the electors, who are not bound to honor my vote *by design*. "Beholden to the people" sounds nice, but with 330 million people, most of which want different things, is essentially meaningless at the person level. Hence my reference to the limitations of human organization due to the reality of monkeyspace size.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  37. Re:If 10 parties have 10% of the vote each by jythie · · Score: 3, Informative

    Unfortunately the way our voting system was constructed, you WILL always end up with 2 parties. End stop. Every other country that uses the US system has also ended up with 2 parties, it is built into the math, and no matter how much enthusiasm there is for any particular 3rd party, the 2 party system is what it will stabilize to every, single, time.

    One can philosophize all they want, but the way our system was built, voting 3rd party streghtens the position of the candidate furthest from the voter's preferences. It is no throwing your vote away, it is helping the worst candidate. This can not be changed any more then 'if we all think positively and stop believing in gravity we can all fly!'.

  38. Re:They aren't whistleblowing. by Anonymous Coward · · Score: 1

    Except that we do not live in a democracy, we live in a republic. A democracy fails to function beyond a certain number, so a republic is formed to increase efficiency. That is not to say that we are discovering the limits of functioning of a republic, too. Humans may simply not be justly organizable above a certain multiplier of their monkeysphere.

    Democracy is an umbrella term. Under that umbrella is Direct Democracy, wherein the people vote on each and every issue individually, and Republic, where the people elect representatives to vote on their behalf. The US is a Democracy and a Republic.

  39. Re:If 10 parties have 10% of the vote each by TheRaven64 · · Score: 3, Informative

    The UK has a first-past-the-post system, and we currently have a coalition government, formed by one of the two major parties and the third party. Going back to the middle of the last century, the third party was one of the dominant two and was displaced (and reformed after merging with another small party) by one of the current two. FPTP electoral systems do tend towards two-party systems, but they're not stable and can be periodically upset (at which point they'll again start tending towards a two-party system. They trick is to upset them frequently).

    --
    I am TheRaven on Soylent News
  40. Bradley Manning was lucky under UCMJ death penalty by Joe_Dragon · · Score: 1

    Bradley Manning was lucky under the UCMJ he may of gotten the death penalty

  41. Re:They aren't whistleblowing. by ebno-10db · · Score: 2, Insightful

    Except that we do not live in a democracy, we live in a republic.

    It's time to update your dictionary, because you're using an 18th century definition of democracy. Back then democracy meant what we now call direct democracy. Nowadays the word has become more general, to the point where it includes both direct democracies and representative democracies. My apologies if the English language changes. I have trouble reading Chaucer too.

    http://www.merriam-webster.com...

  42. Re:If 10 parties have 10% of the vote each by AthanasiusKircher · · Score: 3, Insightful

    Unfortunately the way our voting system was constructed, you WILL always end up with 2 parties. End stop. Every other country that uses the US system has also ended up with 2 parties, it is built into the math, and no matter how much enthusiasm there is for any particular 3rd party, the 2 party system is what it will stabilize to every, single, time.

    While you are right that the U.S. system is flawed and will tend toward 2 parties, you draw bad conclusions from that premise. That premise does not guarantee that (1) it will always be the same two parties, nor does it guarantee (2) that those parties will always adhere to the same agenda/platform for all time.

    Notice that we didn't always have the two parties we have now, for example. The Republican party emerged in the mid-1800s and overtook the Whig party for good reasons. There have also been a number of times since then where a 3rd-party presidential candidate has significantly contributed toward changing the issues discussed in an election. The most recent significant one was probably Ross Perot, who received about 20% of the popular vote in 1992. His presence in debates and during the campaigns served to highlight issues that otherwise may not have even been discussed, as well as problematizing the consistency of the two major party platforms. (For the record, I was NOT a Perot fan, but that's just the most recent example of a strong presidential 3rd-party candidate.) If a 3rd party managed to get a candidate with the charisma, connections, and rhetorical skills of Obama in 2008, it certainly could be possible for a party shift to occur like that which destroyed the Whigs 150 years ago.

    And, if you're willing to look beyond the presidency, you can find plenty of examples of 3rd-party candidates actually elected to various offices, including sometimes to federal office.

    One can philosophize all they want, but the way our system was built, voting 3rd party streghtens the position of the candidate furthest from the voter's preferences. It is no throwing your vote away, it is helping the worst candidate.

    Except when your candidate gets elected, which actually does happen, particularly in many local or state elections.

    And even if your candidate doesn't get elected, the examples I mention can often cause major party candidates to shift their views if the 3rd party candidate is perceived as a significant threat.

    So no, it's not as simple as you make it out to be. Just because we have a system that tends toward 2 major parties doesn't mean you have to shut up and take whatever crap they serve to you... and sometimes voting for a 3rd party candidate can facilitate changes. (Not saying it always will -- but it's not always the irrational choice you make it out to be either.)

  43. Ex-post-facto by Karl+Cocknozzle · · Score: 1

    In the Thomas Drake case, the administration retroactively marked documents as classified, saying, 'he knew they should have been classified.'

    He should have a pretty good case in appeals court, then: It's utterly unconstitutional to be punished for an action that wasn't a crime when you took the action. Whether it should have been classified or not is completely not his fault or responsibility.

    --
    Who did what now?
  44. Re:They aren't whistleblowing. by Kjella · · Score: 1

    Whistleblowing would be reporting to a higher authority wrongdoing within the government. That means that they are reporting to someone within the government that is higher up.

    Is that some newspeak definition? Yes, when those higher up in the system are unaware is generally the best practice. But if they are aware and condone, support or ordered the unethical behavior going to others has always been an accepted form of whistleblowing, whether it's the media, law enforcement or other kinds of watchdog agencies and organizations. If you think your company is dumping toxic waste I'd call that whistleblowing no matter if you went to the CEO, FBI, EPA, Greenpeace or the New York Times. Particularly if it's in the dark shades of gray involving exploitation, polluting the environment, destroying historical or cultural items, exterminating threatened species, brutal treatment of animals, dangers to employer or public safety and other such things that may be simply unethical, not illegal.

    You're the kind of person who think the waterboarding at Gitmo should have remained a secret. I mean if we only report it upwards and everybody at the top tell you to STFU, then you should just STFU right? This is particularly true when the system is broken or contain loopholes, I wouldn't put money on the Supreme Court finding anything of what Snowden has published unconstitutional. For example the global mass metadata collection, spying on leaders of your allies and such, if it doesn't involve US citizens I assume they'll tell me to shove my human rights where the sun doesn't shine. I don't care what a kangaroo court in the US finds, I say exposing NSA for what they are has been a good thing for the world. At the very least for the privacy of everyone not living in the US.

    --
    Live today, because you never know what tomorrow brings
  45. Wall Street Journal by DewDude · · Score: 2

    This was on WSJ; so all I saw was a bunch of faded text behind a window telling me to pay up or leave. I wish slashdotters wouldn't link to pay-wall sources. Some of us currently can't afford to pay for this stuff, so we're left wondering just what the hell the rest of you are talking about.

    1. Re:Wall Street Journal by Bovius · · Score: 1

      It's safe to assume that slashdotters didn't actually read the article, doubly so if it's behind the paywall. We're spouting opinions we already had.

  46. Re:Trial run by the accuser. by DewDude · · Score: 1

    It's a conflict of interest. Are the judges going to be impartial? No. The Jury? No. Seriously, if Snowden got drug back to the US; the trial would probably be a total sham as they've already marked him for death. We don't see the difference between a whistleblower and treason because they don't want to. Mess with the government; they'll kill you. I mean, how many senators and representatives were calling to have him tried for treason and executed? There's absolutely zero way I feel a federal judge will not be biased in this.

    I feel the same way about trials involving police officers. Two officers enjoy beating up a homeless man and have video as well as audio proving these two were *clearly* enjoying beating this man to death; bragging about it. Think they went to jail? No, a jury found them innocent. Innocent. There it was, plain clear proof they did this but they couldn't get convicted. Why? You think that jury's going to be impartial? The officers in courtroom are going to find out who they are and make thier life absolute hell if they convict the person. Do we have proof of this? No. But it seems to be the only way officers can get away with murdering someone on camera.

    The entire justice system is a giant effing joke. Liberty and justice for all? Not anymore; we have no liberty, we have no justice; and those in power just simply don't care enough to listen to people.

  47. Re:Only Fat Americans ... by TWiTfan · · Score: 1

    And I admire your ability to walk from New York to L.A., all the while carrying no photo ID--because you know that cops are perfectly cool with it in the U.S. when strangers walk into their town with no ID (don't forget to tell them "Hey, we don't need papers here, man!" to remind them, in case they've clearly forgotten how to do their job). And bring blue-jeans too, because that's the fine line that separates us all from oppression.

    --
    The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
  48. Re:Traitorous spies. by PRMan · · Score: 2

    Show me one instance where Snowden gave ANYTHING to the Russians instead of the British press.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  49. you're working at the wrong level.... by Shakrai · · Score: 1

    If a 3rd party managed to get a candidate with the charisma, connections, and rhetorical skills of Obama in 2008, it certainly could be possible for a party shift to occur like that which destroyed the Whigs 150 years ago.

    The GOP didn't destroy the Whigs by electing Abe Lincoln as POTUS. They destroyed the Whigs by slowly and methodically building a party from the bottom up. By the time Lincoln got to Washington he already had GOP Congressmen and Senators to work with. There were already GOP Assemblyman, State Senators, Mayors, Town Councilmen, Justices at all levels of the judiciary, etc.

    It's fashionable these days for third parties to try and run for POTUS but that's a fools errand if they can't be bothered to compete for and win at the lower levels first.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:you're working at the wrong level.... by AthanasiusKircher · · Score: 1

      You're absolutely right about the history. I didn't mean to imply that the election of a president was the most feasible course, nor that that was actually what happened to the Whigs. My point was that Obama managed to energize a lot of voters in 2008 that had not been even interested in politics (or probably even voting) up to that point -- and that's the kind of thing that can significantly change election outcomes.

      I also agree with you that the run for POTUS by third parties is probably not the most effective way to go about it. But, as I mentioned in my post, third party candidates have been elected a number of times in recent years to local, state, and even national offices. If a real shift in parties is going to happen, it will probably happen that way. But it wouldn't hurt to have a messenger with the kind of personality that worked for Obama in 2008 -- even if that person was just starting at a state-level election or whatever. That was my point.

    2. Re:you're working at the wrong level.... by Shakrai · · Score: 1

      Obama's personality was only part of the story, a small part at that IMHO. His candidacy was the perfect storm of favorable timing (the country was sick of the GOP), being more in tune with his party's base than the frontrunner (Hillary), and not having much of a record that anyone could pick at. BHO running in 2000 or 2004 would have ended in a landslide for the GOP. As it was he really should have run up a higher margin against McCain, given the favorable climate and McCain's foolish mistakes (Exhibit A: His instability during the economic meltdown, Exhibit B: Sarah Palin).

      As far as this.....

      My point was that Obama managed to energize a lot of voters in 2008 that had not been even interested in politics (or probably even voting) up to that point

      And where are all those people now? Where were they in 2010? Or 2012? Where will they be in 2014? I would submit that BHO is a bad example. The uniqueness of his candidacy brought out a lot of first time voters, a good chunk of whom never voted again. That's not a formula to build a viable third party.

      Politics is timing, first and foremost. If McCain had beaten Bush in 2000 he would have gone on to be President. Ditto Hillary in 2008. 2004 and 2012 may have been up for grabs, but the opposition parties in each instance managed to nominate their least electable candidate, and the hurdle of incumbency proved to be too much to overcome.

      Frankly I'm not sure a third party will emerge, because I don't think the Democrats and Republicans are so tone deaf as to allow a third party to steal enough of their ideas to build a winning coalition. There is one issue where it could presumably happen: foreign policy. Polling shows a majority of the American people favor a non-interventionist approach that isn't represented in the mainstream of either major political party. You'll need a few other issues to attach to this if you're going to build a winning coalition though. First you need to identify these issues, then you need to ensure that they can't be co-opted by the Democrats or Republicans. That's the bigger problem. Even for the issue I identified, you may well see non-interventionism co-opted by the GOP in a decade or so, particularly as the remaining Elder Statesman who came of age during the Cold War retire.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:you're working at the wrong level.... by david_thornley · · Score: 2

      First, I think a lot of Obama's smaller victory margin over McCain was simple racism, people who, in the privacy of the voting booth, voted for the white guy. That's not the sort of issue you can bring up in a campaign, but there is a good deal of racism left in the country.

      Second, I think the lack of the Obama supporters in at least 2012 was due to disappointment with Obama. He got a Nobel Peace Prize for Not Being Bush (in fairness, he did some good and inspiring things in his first weeks in office), and didn't follow through on that. Had he closed Gitmo, cut down on stupid TSA practices, pushed hard to get his health care reforms through Congress in reasonable shape, the people he inspired in 2008 would still be around. Frankly, I'm very disappointed in Obama for not getting his way in Congress. I thought an Illinois politician would play better hardball.

      Third, I think you have the wrong idea about co-opting ideas and issues. If you start a F/LOSS party, and it becomes popular, Democrats and Republicans are going to start acting more in favor of F/LOSS. Lots of politicians have principles, but they know they have to go along with things popular with their constituents to get re-elected. The party itself is likely to die after a while, but its impact will remain in US politics for a long time.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  50. Re:They aren't whistleblowing. by weilawei · · Score: 1

    Too late.

  51. Re:Traitorous spies. by Common+Joe · · Score: 1

    Snowden took American national secrets and gave them to the Russians, our enemies.

    I didn't realize he gave specific things to the Russians and no one else. I didn't realize the Russians were our enemies. Just out of curiosity, did this "National Secrets to Russian Enemies" thing happen before or after Snowden was accused of being a traitor?

    A whistleblower goes up the chain of command to the person above the obstruction; a traitor goes to the enemy.

    How does one go above the president? How does one go above organizations that are trained in both character assassination and real-life assassination?

    And finally: Who do you work for and how did you get modded to a 3?

  52. Its really Obama's fault? by JustNiz · · Score: 1

    I'm not American so don't really know, but it seems to me that Obama probably had little or nothing to do with this. The timeline is just coincidental. Am I right?

    I mean it would be like saying someone in the Clinton administration invented the internet. Oh wait....

  53. Re:If 10 parties have 10% of the vote each by Code+Yanker · · Score: 2

    voting 3rd party streghtens the position of the candidate furthest from the voter's preferences

    No, it doesn't. It strengthens the position of the 3rd party.

    You are trying to use game theoretical optimums to model a system which is inherently game-theoretically irrational by design. Consider this:

    Informing yourself about the issues, takes time. Informing yourself about each candidates positions on the issues takes time. Going to the polls takes time, even if "the polls" is just your mailbox. You could spend that time doing literally anything else, but you don't, despite the nearly-impossible odds that you taking the time to do these things will influence the results of the election.

    According to game theory then, about 60% of people in the voting age population (approx. voter turnout) are being irrational. So what is going on here? Well, you understand that if only a small number of people vote, then they will have a great deal of power, and that is clearly bad. You know your vote probably won't make a difference, but if EVERYONE thought that way, it would be really bad.

    Game theoretically, you know it would benefit you right now to push button B, but if EVERYONE pushed button B we would all suffer. You aren't thinking about yourself, you are thinking about the group. That is an area of human behavior described in the study of superrationality.

    So why then the two party system? Actually, two party systems TEND to crop up even using voting algorithms specifically designed to give 3rd parties a fair chance. Even in wars, you see factions magically aligning themselves into two narrowly-defined groups of strange bedfellows.

    The reason is because of ignorance on a massive scale. To bring back the war analogy, we were allies with Saddam Hussein and Osama bin Laden once, because we didn't know any better. People are scared into an irrational panic when faced with the false specter of "the Great Enemy" and are suddenly willing to compromise their own goals with lesser enemies. But it doesn't have to be like that. It isn't ALWAYS like that even now, particularly when people are informed. And that is what "vote 3rd party" advocates are trying to achieve.

    Vote your conscience. Vote 3rd party*

    *Unless you conscience tells you to vote for one of the two main parties.

  54. Military Trial by ISoldat53 · · Score: 2

    In a military trial the term jury doesn't mean what it does in the real world. The jury is hardly the defendant's peers. Manning knew this and went for a trial by the judge only.

    1. Re:Military Trial by CanHasDIY · · Score: 1

      In a military trial the term jury doesn't mean what it does in the real world. The jury is hardly the defendant's peers. Manning knew this and went for a trial by the judge only.

      Does the military code make exceptions to the Bill of Rights? I ask out of genuine ignorance.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  55. Re:They aren't whistleblowing. by dywolf · · Score: 1

    In a democracy, the public IS a higher authority than the government.

    In a demcoracy the government is the public. Sometimes, citizens forget they are not separable...

    govern by the consent of the governed....
    governement of the people, by the people, and for the people....
    government as an abstraction of the collective will of the public....
    etc..etc..

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  56. Trial by OrugTor · · Score: 1

    The headline says it all. Why on earth would a whistleblower be placed on trial?

  57. Re:Whistleblowers by Quila · · Score: 1

    Manning had no idea whatsoever of the contents of several hundred thousand classified documents he released. By definition he could not be a whistleblower for the release of these documents.

  58. Re:Traitorous spies. by cbhacking · · Score: 3, Insightful

    Are you a Russian? I'm not. He gave me plenty of information... If you can list a way he could have released his information to the US as a whole without also letting it be seen by the Russians (who are opponents of ours on multiple political issues, but not our enemies by any stretch of the definition) then I will grant there is *some* point to what you said. Otherwise, it's complete bullshit.

    Also, as others have pointed out, he did try going through proper channels. He was told to drop it. How high did you expect him to go, and what good did you expect it to do? The president himself has expressed support for the NSA's programs *and* branded Snowden a criminal *before* he took asylum in Russia, so that part of your argument is bullshit. Enough members of congress have said (or voted in favor of) much the same things that I doubt it would do much good to have gone to them, either. With the heads of the executive and legislative branches complicit in this travesty, Snowden *did* go over their heads: to the people who elect those scum. We, the citizens of these United States of America.

    So, I ask you again: how was Snowden supposed to reveal the information to We The People, without also revealing it to our "enemies"? (If you wanted to pick examples of enemies, you could do much better than Russia).

    --
    There's no place I could be, since I've found Serenity...
  59. Re:They aren't whistleblowing. by cbhacking · · Score: 2

    Care to give an alternative way that Manning could have "spilled the secrets" only to enfranchised American voters? Because otherwise, your supposed counterpoint is null.

    --
    There's no place I could be, since I've found Serenity...
  60. Re:They aren't whistleblowing. by arekin · · Score: 1

    Doesn't work that way, you don't get to just tell top secret information to everyone, no matter what you consider a higher authority. As may people have replied in this fashion I will state this once, here. I don't support the idea of a government having free reign to do what it likes, but I'm not naive enough to believe that a government can operate with full disclosure to its people. Military operations and technical development are a good example of things that we should not be broadcasting. We as a country need some degree of intelligence community to determine if others intend us harm, and that may well walk the line. We need people who suspect wrong doing to work within channels to ensure that they do not do harm. I don't agree with the NSA's observation, but I also don't agree that Snowden did anyone any favors, nor do I suspect that he did it with purely altruistic motives.

    --
    Disagreeing with you does not make me a troll.
  61. Re:If 10 parties have 10% of the vote each by penix1 · · Score: 4, Informative

    It's much more difficult to sack the US President, so difficult in fact that it's never happened and we've had some pretty bad presidents.

    Actually, that is untrue. Nixon would have been convicted in the Senate had he not resigned. It was a count of the votes that convinced him to give up the ghost and protect what was left of the dignity of the office. Many forget that Vice President Agnew was forced to resign as well as had criminal charges filed against him. Again, he would have also been impeached and convicted had he not taken the plea deal.

    To bring this back on topic...

    It was Nixon's Watergate scandal that was the result of a whistle blower, (deep throat) that alerted the American public to the illegal dealings in the oval office. Without whistle blowers, the illegal activities of those in power would go unchecked much like it is today.

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  62. Rule of Law is a farce by bussdriver · · Score: 1

    The "Rule of Law" is a slogan just like about everything else. Sure, nothing is or was perfect but as we continue our gradual fall into despotism, real actual things fade into metaphor and then into meaningless emotional trigger phrases. Unlike in history, where they lacked the social sciences we have today which enhance the skilled sheep herders control.

    If you are their enemy, they can drag you into court over ANYTHING what so ever and the only protection you have is which judge you happen to get - who may "interpret" it anyway they seem fit to; including pulling out old common law that isn't actual law -- that is just if they want to cite something instead of pull some total BS like "corporations are people." Sure, you may win eventually after they wreak your life and freeze your funds (or lose your job) so you can't pay for a defense even if you have the money... which most people do not. The political pressure the press can provide when such abuses happen is the last resort but we all know how that doesn't happen...

  63. Re:They aren't whistleblowing. by dkleinsc · · Score: 1

    A republic is literally rex publica -- rule by the people

    That's an incorrect etymology from the Latin: It's res publica, the public matters, and you can find that exact construction in Cicero.

    Democracy, from the Greek (transliterated) demos kratos, is literally the rule of the citizenry.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  64. Re:They aren't whistleblowing. by arekin · · Score: 1

    "All that is necessary for evil to triumph is for good men to do nothing."

    "The road to hell is paved with good intentions" There is always someone else you can go to. Are you telling me that in 435 representatives in the house, 100 members of senate, not to mention all of the white house staff that may have some authority to take it beyond themselves and get you in touch with someone who will listen and take action. This is not mentioning their own chain of command and those related to their chain of command. There is no possible way that there people even began to exhaust internal channels to do this, They wanted to play hero, or perhaps the money was worth needing asylum in a non-extradition country.

    --
    Disagreeing with you does not make me a troll.
  65. Re:Only Fat Americans ... by TangoMargarine · · Score: 1

    Gee, maybe it's because there's so much more space in the U.S. Let me guess, you're European?

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  66. Re:They aren't whistleblowing. by Cigarra · · Score: 2

    That stupid "we're a republic, not a democracy" meme is annoying and it must die.Seriously.

    democracy noun \di-mä-kr-s\
    : a form of government in which people choose leaders by voting.

    --
    I don't have a sig.
  67. Re:They aren't whistleblowing. by TangoMargarine · · Score: 1

    This is the first actually good argument I can remember hearing as to why the U.S. is a republic (your first paragraph specifically).

    "When I grow up, I want to be a faithless elector!" :D

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  68. Re:If 10 parties have 10% of the vote each by Urza9814 · · Score: 1

    A) Democrats and Republicans were both "third parties" at one point in time. It will always stabilize to two, but *which* two is still open to change

    B) Even the existing parties flip alignments every few decades. The system is set up such that both major parties are always hovering within a few percentage points of a majority. So if a third party gets even a small number of votes it may be enough to push one of the major parties over the top if they can win those voters without sacrificing their existing base. Even if it doesn't win, the message that a number of people voting third party would send could still significantly alter the political landscape. And since the most agreeable party to you will undoubtedly be back in power within a few years, it can be worth sacrificing one election to win long-term.

    There are VERY few mechanisms for altering the behavior of a major party. Voting third party isn't a great one, but it's still one of only a handful, so it's worth a shot...

    If you always vote for the lesser of two evils, that's all you'll ever get.

  69. traitor or not is irrelevant by jandar · · Score: 1

    It's irrelevant what kind of people a law is targeted at. If you can't prove them guilty in proper style you have to let them go. If they (or the jury) are denied relevant information, they can't be prosecuted.

    This asssumes you are living in a country with proper free government under the law. Apparently the USA doesn't qualify.

    1. Re:traitor or not is irrelevant by LinuxLuver · · Score: 1

      The USA hasn't qualified for at least 50 years.....though most people prefer to believe otherwise. Cases like Manning and Snowden make that very clear.

      --
      Only boring people are ever bored.
  70. Re:They aren't whistleblowing. by Entropius · · Score: 1

    That was a typo made in haste before work; I meant to write "she" there, although I'm not sure of the protocol: is it correct to use male pronouns to describe a MtF transgender person when referring, in the past tense, to a time before her gender identification changed?

  71. Re:Whistleblowers by dissy · · Score: 1

    When you call Bradley Manning a whistle blower, you lose all credibility.

    Pft, coming from yourself - who just committed 10 federal crimes today alone - you sir have less than no credibility.
    The people with zero credibility have way way more credibility than you do, so naturally they win.

    Stop being a criminal and perhaps others might care somewhat about your opinions of the law.

  72. Re:If 10 parties have 10% of the vote each by cas2000 · · Score: 1

    To bring back the war analogy, we were allies with Saddam Hussein and Osama bin Laden once, because we didn't know any better.

    the american people may have been ignorant about the nature of these people, but the american government and the corporations they work for knew exactly what kind of puppets they were hiring. they didn't give a fuck about anything but the oil and the fact that they were anti-communist or at least anti-russian.

    America has a many decades-long habit of setting up and/or supporting/propping up puppet dictatorships all around the world - evil scumbags who loot their countries and murder the civilian population. and it's all fine as US corporate profits keep flowing. Hussein, Pinochet, and Marcos, just to name a few. Even the Iranian revolution of 1979 was due to the americans - the puppet. ie. the Shah, they supported was so bad that the religious loonies overthrew him.

  73. Nope by nobuddy · · Score: 1

    A person that seeks power is, by definition, one who should not hold power.

  74. Slight correction by nobuddy · · Score: 1

    When the whistle was blown, his polls plummeted, and his party abandoned him, he resigned.

  75. Seaworld? by nobuddy · · Score: 1

    Not quite the population limit you impose though.

    1. Re:Seaworld? by SuricouRaven · · Score: 1

      That's why I put the limit on. It's easy to govern when the population is so small they can all agree on most things, and anyone who doesn't agree can just pack up and leave.

  76. Re:If 10 parties have 10% of the vote each by datavirtue · · Score: 2

    I really don't get why--even on a site filled with smart people--people buy into the propaganda surrounding the Tea Party. Look at the facts: They have subverted one of the parties and have effectively gained a good portion of control over it to the point where the mainstream component is mobilizing to fight them and they have caused more debate outside the talking points of both parties than any single force since Ross Perot. I am not politically active but I get the impression, from what I have seen watching from the outside, that the Tea Party is just a bunch of regular people who are sick of mainstream politics and they are doing something about it. It stems from the republican party because those people are traditionally the most politically active and aware. The media and all the establishments of mainstream political control are not interested in really having this system upset and so they all band together to attack the Tea Party, and they do a damn good job dragging a lot of people with them. Just my observation.

    --
    I object to power without constructive purpose. --Spock
  77. Re:They aren't whistleblowing. by HiThere · · Score: 1

    I'm not certain the US qualifies as a republic, either. I will, however, admit that it's closer to a republic than to a democracy.
    Republic

    That form of government in which the administration of affairs is open to all the citizens. A political unit or "state," independent of its form of government.

    The word republic, derived from the Latin res publica, or "public thing," refers to a form of government where the citizens conduct their affairs for their own benefit rather than for the benefit of a ruler. Historically republics have not always been democratic in character, however. For example, the ancient Republic of Venice was ruled by an aristocratic elite.

    an extract from http://legal-dictionary.thefre...

    This doesn't seem to include the role played by corporations in the modern US, but otherwise it seems about right.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  78. Re:They aren't whistleblowing. by Fish+(David+Trout) · · Score: 1

    In a democracy, the public IS a higher authority than the government. Sometimes, the officials forget this.

    No. The official know this all too well. Sadly, it is the CITIZENS who are the ones who have forgotten.

    --
    "Fish" (David B. Trout)
  79. Re:They aren't whistleblowing. by superwiz · · Score: 1

    No, the judge only ruled that he had "no intent" of helping the enemy. Since the judge cannot read his mind, that's pure nonsense. And since this judge's ability to read Manning's mind is as good as anyone's, my opinion is as valid as the judge's. I say that the massive nature of the evidence and the attitude he displayed is a clear indication that he intentionally aided the enemies of the United States. The judge's opinion is only more valid than mine in interpreting the law. Whether or not Manning had intended to aid the enemy is not an interpretation of law. It is an interpretation of facts. As such, my interpretation is just as good and just as valid.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  80. Re:If 10 parties have 10% of the vote each by volmtech · · Score: 1

    In 1960 Nixon, like Gore, actually won. While Joe Kennedy's effort to steal the election worked Nixon refused to challenge the results because the count was so close he believed the damage to the political process would hurt the country more than having war hero Jack Kennedy as president. Imagine the US without Vietnam (yes, I was drafted) or Johnson's "Great Society".

    I live in Florida and believe Gore lost because the butterfly ballot used in Palm Beach county caused confused elderly Democrat voters to select Buchanan by mistake. As a Republican I sincerely believe having 9/11 on Gore's watch would have resulted in a Carter like four year failure and twelve years of competent Republican presidents.

  81. Criminal Governments by LinuxLuver · · Score: 1

    The main reason I don't trust any government in any country to provide a just outcome in whistle blowers cases is that the governments typically show no regard for the law themselves. Over and over we have seen governments break their own laws in spying and data acquisition and use....and when they are caught they just make it legal anyway and no one is ever prosecuted. The whistle blowers are talking to the people. The governments are deaf to news of their own crimes. It's up to each of us to see to it that criminal governments are at least held to account through the ballot box. if you don't......well.....Germany found out how that turns out back in the late 1930s. Sooner or later you get a leader who doesn't even make excuses for his crimes.

    --
    Only boring people are ever bored.
  82. Re:If 10 parties have 10% of the vote each by TangoMargarine · · Score: 1

    People forget about Andrew Johnson, back during Reconstruction. He was impeached and came within a single vote of the 2/3rd majority required to convict him.

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  83. Re:If 10 parties have 10% of the vote each by penix1 · · Score: 1

    I didn't forget Andrew Johnson. I specifically left him out because he did have his day in the Senate and was NOT convicted. As you say, it was close but that only counts in horse shoes, hand grenades and atom bombs.

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