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Daniel Ellsberg: Snowden Would Not Get a Fair Trial – and Kerry Is Wrong

Daniel Ellsberg, no slouch himself in bringing to public awareness documents that reveal uncomfortable facts about government operations, says that "Edward Snowden is the greatest patriot whistleblower of our time." Ellsberg says, in an editorial at The Guardian pointed out by reader ABEND (15913), that Snowden cannot receive a fair trial without reform of the Espionage Act. According to Ellsberg, "Snowden would come back home to a jail cell – and not just an ordinary cell-block but isolation in solitary confinement, not just for months like Chelsea Manning but for the rest of his sentence, and probably the rest of his life. His legal adviser, Ben Wizner, told me that he estimates Snowden's chance of being allowed out on bail as zero. (I was out on bond, speaking against the Vietnam war, the whole 23 months I was under indictment). More importantly, the current state of whistleblowing prosecutions under the Espionage Act makes a truly fair trial wholly unavailable to an American who has exposed classified wrongdoing. Legal scholars have strongly argued that the US supreme court – which has never yet addressed the constitutionality of applying the Espionage Act to leaks to the American public – should find the use of it overbroad and unconstitutional in the absence of a public interest defense. The Espionage Act, as applied to whistleblowers, violates the First Amendment, is what they're saying. As I know from my own case, even Snowden's own testimony on the stand would be gagged by government objections and the (arguably unconstitutional) nature of his charges. That was my own experience in court, as the first American to be prosecuted under the Espionage Act – or any other statute – for giving information to the American people." Ellsberg rejects the distinction made by John Kerry in praising Ellsberg's own whistleblowing as patriotic, but Snowden's as cowardly and traitorous.

519 comments

  1. Ellsberg got a fair trial by gelfling · · Score: 1, Informative

    and never saw a day in prison.

    1. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 5, Interesting

      And he says Snowden won't. I believe him. What's your point?

    2. Re:Ellsberg got a fair trial by tlambert · · Score: 5, Informative

      and never saw a day in prison.

      Not because they didn't want to imprison him; it was due to an activist judge who held that there was such evidentiary misconduct that the case was dismissed.

      http://www.washingtonpost.com/...

      This was due to the climate immediately following Watergate, where the judiciary had a lot of motive to prove themselves uncorrupt, at least compared to the executive branch of the time.

      The current climate is one much of the evidence against Snowden would be considered classified, and therefore not challengeable. The FISA court, the national security letters, and other instruments available for use in shielding against charges of misconduct, and thus preventing such a dismissal, did not exist in Ellsberg's time.

      Frankly, Snowden is lucky he initially established, and is successfully maintaining, a high profile, since it makes him less of a target for extraordinary rendition, which had it been used, he would have just disappeared into a black hole somewhere already.

    3. Re:Ellsberg got a fair trial by meerling · · Score: 4, Insightful

      He was the very first American to be prosecuted with it. That means the prosecutor was going to take it a lot more carefully and not try to piss off the public to the point where they would totally rebel against the unreasonable and probably unconstitutional aspects of it.

    4. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 1, Informative

      The current climate is one much of the evidence against Snowden would be considered classified, and therefore not challengeable.

      Exactly. He'd be sent to one of those rubber-stamp FISA courts that approve blatantly unconstitutional general warrants. There would be no trial, just a guilty verdict, with no evidence presented due to "Classified" and "National Security", and everyone in the courtroom (which would probably just be Snowden, a Judge, and the prosecutor) would be put under a Gag Order, so no information, maybe not even the verdict itself or hell even that there actually was a "trial", would ever reach the public.

    5. Re:Ellsberg got a fair trial by fleadope · · Score: 5, Informative
      This is a gross isrepresentation -- Ellsberg states in the article that his trial was not fair:

      As I know from my own case, even Snowden's own testimony on the stand would be gagged by government objections and the (arguably unconstitutional) nature of his charges. That was my own experience in court, as the first American to be prosecuted under the Espionage Act – or any other statute – for giving information to the American people.

      I had looked forward to offering a fuller account in my trial than I had given previously to any journalist – any Glenn Greenwald or Brian Williams of my time – as to the considerations that led me to copy and distribute thousands of pages of top-secret documents. I had saved many details until I could present them on the stand, under oath, just as a young John Kerry had delivered his strongest lines in sworn testimony.

      But when I finally heard my lawyer ask the prearranged question in direct examination – Why did you copy the Pentagon Papers? – I was silenced before I could begin to answer. The government prosecutor objected – irrelevant – and the judge sustained. My lawyer, exasperated, said he "had never heard of a case where a defendant was not permitted to tell the jury why he did what he did." The judge responded: well, you're hearing one now.

      And so it has been with every subsequent whistleblower under indictment, and so it would be if Edward Snowden was on trial in an American courtroom now.

      In addition, Ellsberg never got a "fair trial"; the charges against him were dismissed for gross misconduct on the part of the government -- see http://www.washingtonpost.com/... for a summary.

      --
      "The problems in the world today cannot be solved by the level of thinking which created them" --Albert Einstein
    6. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1, Interesting

      If it wasn't for that last paragraph I'd have found your post quite persuasive.

      A rendition is when you arrest somebody in a second country and immediately turn them over to a third. It generally looks a lot like a kidnapping, but with legal paperwork done in the second country, because all arrests are basically legal kidnappings. An Extraordinary Rendition is done outside of the legal system of the second country. It looks even more like a kidnapping then a normal rendition, because there's no paperwork for the second country's legal system involved. They almost never happen because they're PR nightmares and good fucking luck getting cooperation from said second country's legal system in the future.

      Which means you're arguing that a) the US has the power to kidnap people in Russia, b) that a country exists that would claim jurisdiction over Ed Snowden, and c) there's a chance in hell that any US policy-maker would do this to a white man. By my count absolutely none of these things is true. All of our other extraordinary renditions have been to countries where the victim was born.

    7. Re:Ellsberg got a fair trial by Bing+Tsher+E · · Score: 5, Insightful

      Snowden would be prosecuted & sentenced. We would all be pissed off. Some cities would even have public protests. Then Snowden would get locked in a cell. Things would gradually cool down. Uh, whatever happened to ol' Ed?

      *crickets*

    8. Re:Ellsberg got a fair trial by gelfling · · Score: 1, Troll

      So your basic point is that the US is deepest darkest totalitarian fascist Gulag state in the history of people. We don't actually have laws or courts.

      Thanks for clearing that up. No, really, thanks.

    9. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0, Insightful

      So your basic point is that the US is deepest darkest totalitarian fascist Gulag state in the history of people. We don't actually have laws or courts.

      Thanks for clearing that up. No, really, thanks.

      The existence of courts when some of those courts are held in secret and evidence is
      withheld from the public is not comforting to those of us who are paying attention.

      I have bad news for you. You are out of your depth trying such "logic" on Slashdot.
      There are many many people here who are your intellectual betters and the margin
      by which they are better is very wide indeed.

      If all you can do is make remarks one would expect from a young child
      ( "we actually don't have courts ..." ) you may as well quit now, because you have
      already removed any doubt about whether you are a fool with such remarks.
      So unless you are being paid to post by your superiors at Ft. Meade, you should
      read instead of posting.

      By the way, any chance you used to use the name "ColdFjord" to post here ? Because you
      sound just like that misguided neofascist piece of shit.

    10. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      "had never heard of a case where a defendant was not permitted to tell the jury why he did what he did." The judge responded: well, you're hearing one now.

      The closing argument should then contain "Had these actions been taken for a wrong reason you would have heard the testimony of the wrong reason from the Defendent's mouth, but by denying them the sitting Judge has proved that he knows the reason was a good reason."

    11. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Not exactly the same thing, but I remember Bin Laden...

      A military incursion on a neutral country, with the objective of executing the guy, converted into a media circus.
      I can accept arguments in favour for the military incursion, but.

      1) Pakistan was in no condition to deny the incursion.
      2) Executing Bin Laden to avoid retaliation, even if the smart thing to do speaks what the US cares about Human Rights and a fair trial.
      3) There was no need to have Obama eating pop corn while watching the streaming.

    12. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Seems pretty fair to me: despite what he purports is "unfair" conduct on the part of the presiding judge, the charges were ultimately dismissed because said judge felt the government wasn't playing by the rules. How more fair do you want it?

    13. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 5, Insightful

      Chelsea Manning is a perfect example. Reveal war crimes and end up in a little box, forgotten.

    14. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Your definition of a fair trial is that everyone gets acquitted and is given a trophy.

      You're repeating Big Lies as if makes them true, when it only makes you a bigger and more pathetic liar. That or a useful idiot for other liars - neither option looks good on you.

    15. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Insightful

      Let's face it though. He is guilty. He admits what he's done. We can argue about what the law should be, but not what the law is. It's illegal to take classified documents like Snowden did, and start giving them away to everybody like Snowden did. His reasons for doing what he did are irrelevant as it pertains to his legal liability. The fact that he or even the public sees himself as a whistle blower over illegal actions by the government are irrelevant as they pertain to his legal liability.

      Of course, we do have jury nullification in the common law system. A jury could very well say, okay, well he did the crime, the evidence is overwhelming, but we're not going to say he's guilty because we don't agree with the law. That's quite possible. Sure, the prosecutor and judge will try to tell the jury that's not allowed, but it is, and it can happen. The jury system exists specifically so the people can check the government's power.

      This is all a separate matter from trial fairness, of course. If I was Snowden, I might not be so inclined to trust a US federal court with my fate. The judge might disallow evidence or testimony that would give Snowden and his lawyers a chance to argue however subtlety for jury nullification. The judge might not sustain valid objections from the defense. The judge could give a horribly unfair instruction. All kinds of things could happen. Considering the overwhelming political pressures that are sure to be placed on any kind of trial, Snowden might very well find himself screwed. He might also think it was all worth it anyway.

      Then of course we have the appeals system and of course the presidential pardon. Even if Snowden doesn't get a jury to nullify, that's hardly the end of it. He might get his case to the Supreme Court and have a fairer chance there. He might also have a groundswell of popular support that results in a pardon or at least a commutation of his sentence.

      Personally, I would like to see Snowden prosecuted for the crimes he's accused of and given a trial by his peers. I would very much like to see him get a fair trial, with all the evidence and arguments heard. The outcome of such a trial would be of great interest to me, as well as whatever happens afterwards. We would all learn something from it. It might suck for Snowden, but he thinks he's doing all of this to teach the American people about their government. The way his trial is conducted would certainly teach us all about our government.

    16. Re:Ellsberg got a fair trial by Uberbah · · Score: 0, Flamebait

      So your basic point is that the US is deepest darkest totalitarian fascist Gulag state in the history of people. We don't actually have laws or courts.

      The U.S. has gulags: they're called Bagram Prison and Guantanomo. Where Obama is busy force-feeding prisoners (which is torture) that have been cleared for release for five years.

      Do you have any smarter fascist troll friends that could do this for you?

    17. Re:Ellsberg got a fair trial by Uberbah · · Score: 5, Insightful

      You authoritarian monarchist hacks out yourselves by spending soooo much time talking about how Snowden deserves to go to jail, but say nothing about the lawbreaking and lawbreakers revealed by Snowden. Not one word on Clapper going to jail for perjury, not one word for imprisoning Alexander for FISA violations, not one word on impeaching the POTUS for overseeing it all.

      We can argue about what the law should be, but not what the law is.

      5 years in prison and a $10,000 fine for each violation of FISA laws. But this was never about the law, for you.

    18. Re:Ellsberg got a fair trial by mrxak · · Score: 2, Insightful

      2) It wasn't an execution, it was an armed conflict on a battlefield. Americans were shot at from and inside the house. There was every reason to believe that Osama would have a suicide vest or otherwise resist violently to capture. Osama made no attempt to surrender and was therefore a combatant. Of course they shot him on sight. If they'd found him face down naked and spread eagle on the floor screaming "I surrender" they would have taken him alive.

      3) As you say, it was a military incursion into a neutral country. There was also the fact that the compound was close to a lot of Pakistani military units. Having the Commander-in-Chief in the room to give immediate orders or call up foreign leaders in the event something went wrong with the raid makes a lot of sense. There wasn't any popcorn.

    19. Re:Ellsberg got a fair trial by Uberbah · · Score: 4, Insightful

      A rendition is when you arrest somebody in a second country and immediately turn them over to a third. It generally looks a lot like a kidnapping, but with legal paperwork done in the second country, because all arrests are basically legal kidnappings.

      Probable cause, warrants, grand jury hearings, trial, lawyers, right to appeals

      vs

      No probable cause, illegal/secret evidence, no warrant, flown to a gulag or third world dictatorship, torture, no right to a lawyer much less an appeal, military kangaroo court under unlawful command influence, and then tortured with force-feeding when you start a hunger protest at your continued incarceration five years after your incacerators have cleared you for release.

      Oh yeah, they're totally the same thing!

    20. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Interesting

      Did you actually read my post? I didn't say he deserves to go to jail. I said that he should get a fair trial, and outlined several scenarios in which he could escape serious prison time despite his admitted guilt.

      In another post on this story I say that it's a good thing the American people learn of the government doing things the American people doesn't want them to do. I'm glad Snowden revealed PRISM and programs like it. I'm less glad he revealed details about the NSA doing it's job, like spying on foreigners, but that's another issue.

      I happen to believe in trials. So did the founding fathers. The alternative is summary judgement or an assassination. Would you prefer those? Certainly some authoritarians and monarchists do.

    21. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Insightful

      I would like the lawbreakers in government to get fair trials too, by the way.

    22. Re:Ellsberg got a fair trial by Man+On+Pink+Corner · · Score: 5, Interesting

      I happen to believe in trials. So did the founding fathers.

      Great, that makes three of us. We can start with Clapper and Alexander, since they're easy to apprehend and Snowden isn't. We don't even have to extradite them from Russia or Hong Kong. We can send some Federal marshals to pick them up after breakfast tomorrow. Sound good to you?

    23. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Ellsberg never had a trial. The judge dismissed the case because of multiple, blatantly illegal acts carried out by the government in tracking down Ellsberg. Many of the people hunting Ellsberg would eventually be put on trial for the Watergate break-in and conspiracy.

      Today, no such dismissal would be possible. For one thing, assuming the government performed similar acts which might taint the trial, there's no way in hell the court would ever find out. The laws protecting government secrecy from judicial prying are far more strict, largely as a result of conservative backlash against post-Watergate transparency legislation. Heck, even the FISA court admitted that there was a ton of information beyond its grasp, information necessary for it to opine on the constitutionality of all that the government is doing.

      Secondly, times have changed. The courts are far more conservative and deferential to the government and prosecution. If Ellsberg was tried today, no court would dismiss such a high-profile case. They might exclude evidence, but ultimately there was enough evidence--by today's standards--to easily convict Ellsberg.

      Thus, in the absence of such technicalities, both Snowden and Ellsberg would be found guilty in an instant. Both admitted to their taking the information, and such statements are (and were) admissible as evidence of guilt. The only question is whether there's an affirmative defense. And as far as the Espionage Act goes, there is no such thing as an affirmative defense. Once it's established that you leaked information, the game is over. There's not even any opportunity for jury nullification, because the jury would never be allowed to hear Snowden explain why he took and released the information.

      Ellsberg got lucky. There's no more luck left for Snowden.

    24. Re: Ellsberg got a fair trial by UltraZelda64 · · Score: 3, Informative

      What's there to learn? That the U.S. government has grown out of control into a corrupt state of bullshit, lies and deceit, where not even the basic guarantees of its own Constitution and human rights of its citizens are upheld? Where you are automatically a criminal until proven innocent (assuming you're even granted a "speedy and fair trial" to pull that one off in the first place)?

      The only thing to learn here is just what the extent of this country's corruption is. And that is the only thing I've consistently noticed: that it only goes one way... and that is, it only gets worse.

    25. Re:Ellsberg got a fair trial by mrxak · · Score: 3, Insightful

      Well first you need a grand jury to indict them before they go on trial. I'm sure there's a lot of evidence to go over before that happens. Justice rushed is not justice.

    26. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      The doublespeak is strong with this one. Someone tell ColdFjord we've found his soul mate.

    27. Re:Ellsberg got a fair trial by Uberbah · · Score: 2, Insightful

      Did you actually read my post?

      I did, but that's the least of your problems.

      I didn't say he deserves to go to jail.

      You're really going to try and equivocate on this? "He is guilty." "It's illegal to take classified documents" "his legal liability" "the evidence is overwhelming". You've made it quite clear that you believe he's guilty, that the jury should not consider his actions justifiable, but you don't want him to serve time? Why yes, I would be interested in your oceanfront property in Nebraska....

      I happen to believe in trials.

      Just not for the top officials breaking the laws, your attempted backpedal aside. Anyone basing an argument on the law wouldn't fly over the mountain ranges of official lawbreaking to first point fingers at the molehill of whisteblowers. Here, I'll make it easy for you. A non-authoritarian, non-monarchist hack would say:

      "I want Snowden to stand trial, but thousands of officials from the NSA/CIA/Pentagon/State Department/White House better be in jail before him, since their crimes came first, are far more numerous, and far more severe."

      But that's not the argument any of you are making.

      the NSA doing it's job, like spying on foreigners

      Because Angela Merkel is really a sleeper agent for Al Qaeda. Before you play the "every body does that" defense, name which countries are even capable of spying on Obama's Blackberry.

    28. Re:Ellsberg got a fair trial by poetmatt · · Score: 3, Informative

      This is 100% incorrect.

      He cannot be guilty under any circumstances, until tried by the laws at hand.

      You are just as bad as Kerry and just as unconstitutional in your argument.

    29. Re:Ellsberg got a fair trial by jelIomizer · · Score: 3, Informative

      While your basic point seems to be a complete straw man.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    30. Re:Ellsberg got a fair trial by davydagger · · Score: 5, Informative

      It was also illegal for Rosa Parks to sit on the bus where she did.

      If your arguing you need to respect terrible laws %100 of the time, with no alotment for mitigating circumstances, then you are seriously out of touch with reality.

      >Personally, I would like to see Snowden prosecuted for the crimes he's accused of and given a trial by his peers.

      you know damn well he'll never been given a fair trial. The attitude of both parties and the government in general for the last 25 years was to milk the system for everything you can get, bend every rule, then hiring some PR hack to convince everyone that its for the better good.

    31. Re:Ellsberg got a fair trial by Rich0 · · Score: 5, Insightful

      I happen to believe in trials. So did the founding fathers.

      Then why didn't they turn themselves in at the nearest British courthouse for a trial? They were all wanted.

      Now, you can argue about what the law should have been, but you can't argue that they were indeed breaking the laws as they were written at the time.

    32. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 1

      Do you really believe he was even given a chance to surrender? I seriously doubt it. The goal was to get rid of this person as quickly as possible. Like Saddam they ensured it was over quick (no fair trial, they handed him over to an interm government bent on his destruction without any rule of law, etc they didn't hand him over to France or Switzerland or some other uninvolved country for a trial as they should have). They did everything by surprise including shoot at Bin Laden. He likely didn't posses a weapon it was done so quietly and quickly. His actions are of a man in hiding, not one prepared for a fight upon discovery. And lets not forget that everything points to this being a kill at any cost operation for the US government. To prevent his dead body being a rallying point they ditched it in the sea.

    33. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 4, Informative

      Let's face it though. He is guilty. He admits what he's done. We can argue about what the law should be, but not what the law is. It's illegal to take classified documents like Snowden did, and start giving them away to everybody like Snowden did.

      Really? Explain to me, again, what grants Congress the power to censor speech. Just because Congress decrees something doesn't make it law. There's a reason we have a Constitution. It isn't just a piece of paper to look at. It's the basis by which Congress has any power to do anything. Literally, the Constitution creates the Congress. To ignore it or try to usurp it over some common law interpretation of State Secrets or such language is patently absurd. It's just as absurd as if the NSA claimed a copyright on their activities. Any act of that nature would be designed to censor the truth to usurp a democracy.

      And before you argue something about troop movements, well, that's possibly treason and is clearly spelled out in the Constitution. ICBM launch codes? They should be quickly replaceable if there's any fear of a leak. Military secrets on designing ICBMs? Should only be given to people you can trust. Really, this whole situation arose precisely because Snowden had every reason to not trust the NSA. Snowden did precisely the right thing. The NSA was/is stupid to be setup with contractors like they were/are. Their actions are whole unAmerican--and God do I feel horrible using such language given how much such has been so heavily abused, but it so wholly fits this situation.

      Really, the only thing your whole argument has any weight on is that hypothetically the system is self-correcting and the courts can, through many appeals and over 15 years of trials, finally reach the obvious conclusion that the Espionage Act is wholly unenforceable in law--even though in fact it would be effectively in force for 15+ years and would ruin Snowden's life much more than his current situation. So, yea, you want Snowden to be a martyr upon an altar of government that's so far down the rabbit hole just to teach the American people yet another lesson about how fucked up their country is, as if it weren't blatantly evident when the President and most of Congress is calling for him being lynched.

      As another post mentions Rosa Parks, do you really think enough people are willing to do what it takes to overthrow our current corrupt system because they've simply had enough? I'll give you a hint. The Vietnam war didn't cause it to happen and things have actually gotten worse. The hippies became the enforcers.

      Snowden was wise to leave. Unfortunately, he wasn't wise enough to disappear to a better locale than Russia (the lesson of US searches and abuses of people who have the US as but a stop over to their final destination should have warned him what would happen).

    34. Re:Ellsberg got a fair trial by James+McGuigan · · Score: 1

      The law is nothing more than a threat that the government will use all its available power against you should you violate its written law. The call by John Kerry to "man up" and face trial is nothing more than an admission of defeat by the CIA that they are unable or unwilling to secretly kill, capture or rendition him back to the USA without creating a martyr out of him. The US has already invoked it full power, he is being actively monitored, they have revoked his passport and have pulled alot of diplomatic strings to prevent him traveling outside Russia. Snowdon has effectively beat them at their own game.

      A Snowdon trial would not reveal any truth that is not already known. The only thing to be achieved by a "trial" would be to place Snowdon in the custody of the US government and allow them to keep incommunicado and prevent him access to the media. His revelations have all been about putting the US government itself on trial, by exposing the evidence to the court of public opinion.

    35. Re:Ellsberg got a fair trial by Will.Woodhull · · Score: 4, Interesting

      At this time, I think any attempt to bring Snowden to trial would ignite a firestorm in this country no matter what verdict was reached. I think that will be the situation for the rest of his life.

      There can be no question that he violated USA laws.

      But there can also be no question that his actions are bringing pressure to bear on USA agencies to force them to comply with the Constitution. Without those actions, the NSA would continue to run wild as a rogue agency.

      I think the only sane way to resolve this mess is to let it alone until Obama's last day in office. Then give Snowden the same kind of Presidential pardon that President Ford gave to President Nixon: a pardon before trial, a pardon before even accusation or indictment. Let Snowden have his passport back, so he could live and move anywhere in the world with the same freedom that any other USA citizen enjoys. But make it clear that he is not welcome to return to the USA, since nothing good could come of that. I would even support paying him a modest annuity on condition that he never return to the USA, and never take any further legal or public action regarding his status. Let him live out his days as, in the view of some persons, a reprehensible outcast in exile. And in the view of other persons, as a patriotic hero whose sacrifices include ostracism from his native land. Let the historians of a hundred years from now be the ones to measure the value of his actions. There is no reason why that has to be done now and there are many reasons why it should not be attempted until all of us are dead.

      --
      Will
    36. Re:Ellsberg got a fair trial by Anubis+IV · · Score: 3, Informative

      His reasons for doing what he did are irrelevant as it pertains to his legal liability.

      IANAL, I don't claim to know even the main points of the Espionage Act (nor of law in general), but I will point out that the motive and intent for engaging in a criminal activity actually do matter quite a bit when it comes to the topics of liability and guilt. Suggesting otherwise is just plain wrong.

      Consider the simple case of a person killing another person. Was it in self-defense, the result of negligence, or a carefully planned, cold-blooded murder? The first likely wouldn't result in any criminal charges, the second would probably result in manslaughter charges, and the last would almost certainly result in murder charges. Why though? After all, the result was the same, wasn't it? Someone died, and I was the one who did the act that caused it. I may have even been thinking clearly in all three cases.

      What about if I shoved a guy in the chest so hard his ribs punctured his lungs? Sound pretty bad, right? Unless I was doing CPR on him, in which case it's not quite so bad after all. Yet the act was the same in both: I pushed his ribs so hard that I caused serious physical harm to him.

      The reasons we do things matter. The law quite often recognizes that fact, whether when determining guilt (e.g. self-defense vs. cold-blooded murder) or determining the sentence (e.g. a lawsuit against me for harming that guy will go a lot better if I was being a Good Samaritan towards him than if I was in a fist fight with him). I don't know whether or not they come into play here, and I don't feel comfortable playing armchair lawyer by asserting that they do or don't, but I wanted to point out that these things do matter in broader law, and that they may very well matter here as well.

      In the meantime, I'd prefer to talk about how things should be, since I (and I'd wager 99.9% of us) clearly don't know how they are. ;)

    37. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      name which countries are even capable of spying on Obama's Blackberry

      Canada?

    38. Re:Ellsberg got a fair trial by dbIII · · Score: 1

      I said that he should get a fair trial

      As a political matter that is not going to happen. We've hit "might makes right" here, Soviet style, and with that law as drafted Justice is not going to be considered.

    39. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Considering Putin's use for Snowden can be summed up with the phrase "It pisses the US government off," I'm guessing he's safe in Russia for a long, long time.

    40. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 2, Insightful

      2) It wasn't an execution, it was an armed conflict on a battlefield.

      They raided a person's house during an illegally conducted military operation in foreign country.
      The US government has danced around and blamed different government organizations but the fact remains that if it was a Title 10 operation then it was an illegal military operation as it was conducted in a foreign country that was not a US enemy and if it was a Title 50 operation then it was an illegal assassination.

      Americans were shot at from and inside the house.

      Irrelevant, they shouldn't have been there.

      There was every reason to believe that Osama would have a suicide vest or otherwise resist violently to capture.

      Yeah no shit if a bunch of my enemies smashed into my house during an illegal incursion in a foreign country id be pretty resistant to whatever the hell they wanted too!

      Osama made no attempt to surrender and was therefore a combatant.

      Firstly you don't know that and secondly if Pakistani troops smash into your house and you don't surrender does that make you a combatant and they can legally kill you? No.

      If they'd found him face down naked and spread eagle on the floor screaming "I surrender" they would have taken him alive.

      I suppose that's how people would find you if they broke into your house.

    41. Re:Ellsberg got a fair trial by nhatrangfirendly · · Score: 1

      As you say, it was a military incursion into a neutral country. There was also the fact that the compound was close to a lot of Pakistani military units. Having the Commander-in-Chief in the room to give immediate orders or Friendly Travel Nha Trang call up foreign leaders in the event something went wrong with the raid makes a lot of sense. There wasn't any popcorn.

    42. Re:Ellsberg got a fair trial by dbIII · · Score: 4, Insightful

      All of our other extraordinary renditions have been to countries where the victim was born.

      No. There are documented cases of people who were not from Syria or Egypt being shipped to those countries to be tortured in the presence of a US observer. That's one of the reasons why relations with both countries are a bit messy since the 200x governments of both had "dirt" on the US as well as an obligation due to co-operation.

    43. Re:Ellsberg got a fair trial by tlambert · · Score: 2

      Do you really believe he was even given a chance to surrender? I seriously doubt it.

      Well, they had to make a split second decision, and since he was holding a kidney dialysis machine, they were at serious personal risk of him cleaning their blood...

    44. Re:Ellsberg got a fair trial by cavreader · · Score: 1

      Snowden made a decision to break the law because he believed his cause was good which justified breaking the law. What if the NSA used the same argument? What if they believe their cause is just as good and justified and more important then adhering to any laws? Snowden sealed his fate the minute he started releasing information on foreign intelligence programs. Programs that have nothing to do violating a US citizen in any way. Ellsberg released documents on actions taken by government prior to and during the Vietnam war. His actions were US domestic in nature and thus the foreign Espionage Act charge could not be prosecuted successfully and that charge was dismissed. Snowden actions far exceeded those of Ellsberg and has guaranteed he will be considered a fugitive from the US for the rest of his life. He has to know that there are only a couple of countries in the world that might not hand him over to the US the minute he exits Russia. And the countries who would protect him have governments that make US government corruption look like little white lies. Countries where free speech and independent media outlets does not exist.

    45. Re:Ellsberg got a fair trial by tlambert · · Score: 2

      So your basic point is that the US is deepest darkest totalitarian fascist Gulag state in the history of people. We don't actually have laws or courts.

      Thanks for clearing that up. No, really, thanks.

      Certainly not in history; Aleksandr Solzhenitsyn had some pretty strong arguments in favor of the former Soviet Union, and the dissident prisons in North Korea - if you're born there, you stay there - give even Hitler's Germany a run for its money.

      On the other hand, we had a campaign promise from the current U.S. Administration to close down Guantanamo Bay, a prison which exists to grant the U.S. an extraterritoriality so that it can violate it's own laws with impunity, and I don't see it closed down yet.

      It doesn't look that good...

    46. Re:Ellsberg got a fair trial by greenbird · · Score: 5, Insightful

      I happen to believe in trials. So did the founding fathers.

      Huh. No. You're wrong. The founding fathers believed in fair trials and so do I. And that is why using the Espionage Act to prosecute an American revealing illegal government actions to the American people is unconstitutional. But the Constitution means nothing in the US anymore. Also Snowden has not admitted he's is guilty of espionage. But by charging him with that the government gets to suppress any defense based on the fact that he was revealing illegal unconstitutional actions by government agencies.

      --
      Who is John Galt?
    47. Re:Ellsberg got a fair trial by Vellmont · · Score: 3, Interesting

      You've missed a very, very big loophole. The US government decides NOT to prosecute him. Banks commit massive fraud and destroy our economy in 2008.. and... nobody gets prosecuted. That was most certainly a political decision to prosecute or not. It happens all the time. It's really quite business as usual.

      What I'd like to see is the Obama administration simply say they were wrong to spy on Americans and vacuum up masses amounts of intelligence without a warrant, then stop doing that crap and pass a law that says they can't. Then refuse to prosecute Snowden for any wrongdoing.

      The law works like this ALL the time. I'm no fool and I sure as hell realize this isn't going to happen anytime soon. But wait a few years for current guys to get out of office, and someone else to get in (likely a Democrat wanting to distinguish themselves from the past, or one of those extrodinarily rare beed of non-crazy Republicans who also are wiling to stand up to their crazy party every so often). Then it might, just might happen. But not for perhaps 5-10 years.

      --
      AccountKiller
    48. Re:Ellsberg got a fair trial by greenbird · · Score: 4, Insightful

      Well first you need a grand jury to indict them before they go on trial. I'm sure there's a lot of evidence to go over before that happens.

      If you really believe there is any chance of that you're seriously delusional. Clapper openly admitted he lied to congress.

      Justice rushed is not justice.

      Strange you claim this in defending the government officials who admittedly broke the law but have already declared Snowden guilty of a crime he should never even have been charged with.

      --
      Who is John Galt?
    49. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Let's face it though. He is guilty.

      Guilty of telling the truth. Why the truth is such a closely guarded secret is beyond me. Isn't it the governments' role to act in the best interest of the American people? When they betray that trust shouldn't they be held accountable? How can that possibly happen when the governments action are withheld from the people?

      It's illegal to take classified documents like Snowden did, and start giving them away to everybody like Snowden did.

      Everybody? Or two journalists? Can't be everybody because I didn't get my copy.

    50. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 1

      Snowden would be prosecuted & sentenced. We would all be pissed off. Some cities would even have public protests.

      *crickets*

      Washington, DC, would be set alight by outraged citizens if Edward Snowden is ever convicted of espionage whether in person or in absentia. If President Barack Obama and his flunky Attorney General Eric Holder are so damn convinced that Snowden is a traitor, they should be filing treason charges against him and presenting their case in a Court of Law in absentia. The Government has charged and prosecuted other persons, including their allies, in absentia. I know some Canadians who'd enjoy burning down the White House for a second time.

    51. Re:Ellsberg got a fair trial by Vellmont · · Score: 5, Insightful

      Are you kidding me?

      Russia would be tough, but Snowden only wound up in Russia after he was left with no other options. So if he kept a low profile, he'd never have wound up in Russia.

      If you think the US doesn't have the power to take it's own citizens from many, many countries in the world and just make them disappear, you're living in a delusion, The US has a golden ticket that the lawyers have been ever-expanding their justification to do anything. It's called the Authorization_for_Use_of_Military_Force_Against_Terrorists, and it's been used to justify killing and targeting people that have no connection to the Sept 11 attacks. You think they wouldn't try use it to legally justify kidnapping Snowden?

      And if they couldn't do that, you think they wouldn't use a CIA operative to kidnap him, or get some other group to do it? Countries are mean motherfuckers. You're under the misapprehension that countries actions are ruled by laws. They aren't, they're ruled by politics and what they can get away with. The OP is right. If Snowden hadn't put up a big profile rather quickly, the US govt would have found him and hung him out to dry in one way or another. (And I'm certain Ed Snowden is under no illusion this would have happened, and likely was a major reason he DID come forward).

      --
      AccountKiller
    52. Re:Ellsberg got a fair trial by blackraven14250 · · Score: 1

      No, he was not the first person to be prosecuted under the act. There's plenty of other people who have been prosecuted with the Espionage Act, including some who were actually executed, like Julius and Ethel Rosenberg.

    53. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      name which countries are even capable of spying on Obama's Blackberry

      Canada?

      No dumb ass. The POTUS's BlackBerry is activated on a BlackBerry Enterprise Server (BES) like any other organisaton which uses BlackBerrys for its staff, albeit Obama might have a special separate BES instance just for the White House. But in no case can Canada, including the company named BlackBerry, decrypt those messages sent between the POTUS's BlackBerry smartphone and the BES server.

    54. Re:Ellsberg got a fair trial by mrxak · · Score: 2

      I really don't understand who you're arguing with, but it's definitely not me. Stop trying to put words in my mouth.

      Trials are a good thing. It is how we as a society decide truth and reach justice. It's also how the citizens of this country nullify laws that they don't like that the politicians won't change. No amount of internet posting is going to accomplish what you want to accomplish here. A trial can. Jurors can decide to ignore the law if they don't like it. If he's found guilty of the crimes he's already confessed to, then he can appeal, perhaps up to the Supreme Court, get a commutation from a future friendly president, or even an outright pardon. All of these things would accomplish what you want. Him hiding in a foreign country means he's a fugitive forever and nobody ever gets justice. He doesn't get justice, the American people don't get justice.

      I also don't believe our justice system can only handle one case at a time. By all means, let's prosecute everyone who's broken the law. Let them have their day in court. But this is an article about Snowden, and that's the article I was commenting on. If you want to imagine a strawman and call him an authoritarian monarchist, please do so without my username attached.

    55. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      They didn't turn themselves in because they would not have gotten a trial of their peers under the American justice system. They would have been hanged immediately by a squad of soldiers. Isn't that obvious? This is part of the reason why they later wrote the US Constitution.

      I am not advocating that Snowden gets hanged by a squad of soldiers. Quite the opposite. Happy now?

    56. Re:Ellsberg got a fair trial by mlw4428 · · Score: 2

      Your post is totally and completely irrelevant. This isn't about the content of the documents; it's about the fact that you cannot break the law to prove that someone else broke the law. It would be like me shooting a murderer, even if I had undeniable proof of the murder, without being authorized to do so by a court during his trial.

      What Snowden did was wrong legally and ethically speaking (morally he is fine in what he did, but morality isn't everything). Regardless of anything and everything else he did break the law. He should stand for his crimes. Nothing else outside of that is relevant and everything else pertaining to the contents of the leak is a separate discussion.

    57. Re:Ellsberg got a fair trial by sillybilly · · Score: 1

      We believe in trials. Settling disputes without violence. Back in the days before trials there were often duels, gentlemen choose your weapons. Or wars between princes. But these days we try to have trials. I think there was a Star Trek episode, with Voyager, where one of the crew was subpoenaed to court, only to find himself in a WWF-like ring, with swords, and told to start arguing, present his arguments to his opponents, by swinging his weapons at each other. He was told this is how we argue, this is what we mean by arguing in court. Instead of weapons, our founding fathers believed in smacking words at each other's heads. Skill in twisting and abusing the English language comes in handy in such situations. By the way, in medieval and violent Japan, some feudal lords decided to settle their disputes through nonviolent means - instead of smashing their armies against each other, they each presented a Go player, and the outcome of the match would decide the outcome of the battle, without anyone dying. Go players were highly valued under such circumstances. Maybe we could resort to such nonviolent things, instead of violent duels, or twisting the legal jargon in court, we could have chess games or Go games to settle disputes through nonviolent means.

    58. Re:Ellsberg got a fair trial by Bite+The+Pillow · · Score: 1

      Clapper got a free pass because Congress held public hearings on top secret programs. He could not reveal the information, and he tried to be as honest as he could be.

      Watch the video, and see how he was badgered into responding with some kind of answer. Should he have just said its a secret? I don't know if that is allowed, but that would have gotten more badgering. Maybe "this is not the forum" would have worked, but this was a show for votes, not answers, so unlikely.

      Argue the rest of your points, but leave this one out. Sure we are outraged. I'm angry at congress for going after votes instead of getting to the bottom of what happened. There is no excuse for expecting the whole truth in that forum.

    59. Re: Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      If snowden stuck to the illegal stuff he could have defended with the whistleblower act. It is not illegal for the NSA to spy on foreign governments. It is actually their job.
      Brazil Germany ect.
      That is what put him in jail.

    60. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Insightful

      Obviously by a trial I mean a fair trial. That's why I said "I would very much like to see him get a fair trial" in my original post. So no, I don't think I'm wrong. I think you're trying to turn me into a straw man. What I said was all pretty reasonable if you don't read into it any more than what I specifically said.

      Espionage is defined a specific way under the law. Snowden can deny he's committed espionage all he likes, but are you trying to say that he hasn't admitted to doing the things that the law defines as espionage? He has absolutely admitted to doing those things.

      This is like saying "no, I didn't murder anybody, but I did stab them repeatedly until they died." Yeah, you're a murderer according to the law whether you want to call yourself one or not. A prosecutor doesn't need to prove that you think that should be called murder, only that you stabbed somebody repeatedly until they died, and that the law defines that as murder which is illegal. The prosecution's case, seriously, would be over very quickly in the Snowden trial. All they have to do is read Snowden's statements back, and explain what laws he was admitting to breaking, regardless of what personal definition he might hold for that.

      It'd be up to Snowden's defense to try to argue for jury nullification. They could very well prevail in court. If they don't prevail in court, they can appeal, and appeal all the way up to the Supreme Court. If that doesn't work they can lobby for a commutation or a pardon. If the laws he broke are unjust, or unjustly applied in his case, it's going to take a trial to change those laws or the application of those laws. Internet posting won't accomplish anything. Personally, I'd like to see something accomplished. Wouldn't you?

    61. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Interesting

      Clapper openly admitted he lied to congress. Snowden openly admitted to espionage (he may define the term differently, but the law defines what he did as espionage and he admitted to the acts). I think the chances of either getting a trial any time soon is pretty slim. All of this is hypothetical.

      I would like to see fair trials for everyone accused of crimes. This is an article about Snowden, so I commented on Snowden. I'm sorry if other people decided that my commenting on-topic has implications about my views about off-topic subjects. If Slashdot has a story tomorrow about government officials admitting to crimes, I will happily say they're guilty too, and should get a fair trial with all the same legal rights that Snowden should get. I think trials are a good thing. I think due process is a good thing. I think our justice system that includes jury nullification, appeals, commutations, and pardons is a good thing. Apparently that offends some people. Who knew?

    62. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      Which is why I said "If I was Snowden, I might not be so inclined to trust a US federal court with my fate." I even explained possible scenarios that might deprive him of a fair trial. In case it wasn't clear, I'm not in favor of those scenarios.

      But I do think he should get a fair trial. I am of course speaking hypothetically here since it's obvious there's not going to be any kind of trial any time soon. But he's accused of crimes and people accused of crimes are supposed to get a trial by jury and all that nice stuff. Unfortunately for his defense, he's admitted to the crimes he's accused of, which will be awkward when the prosecution reads his statements aloud in court. I did, however, outline four options for him to ultimately avoid a lengthy prison sentence. He should avail himself of those options.

    63. Re:Ellsberg got a fair trial by jelIomizer · · Score: 4, Insightful

      I think the chances of either getting a trial any time soon is pretty slim. All of this is hypothetical.

      For different reasons, though. Clapper is a person in a position of power, and is doing things that many scumbags with power in the government agree with. These people are almost impossible to convict, short of extreme circumstances. Snowden simply ran away, and getting him while he's in a different country like Russia is difficult.

      Of course, if Snowden did stand trial, a moral jury would use jury nullification to prevent him from being convicted for the 'crime' of revealing the government's immoral activities.

      I think our justice system that includes jury nullification, appeals, commutations, and pardons is a good thing.

      We had some good ideas to be sure, but I wouldn't call it an overall good thing, what with plea bargains being allowed, prosecutors being encouraged to prosecute people whether or not they're guilty so they can increase their rate of successful prosecutions and be rewarded for it, the fact that the rich and powerful often get slapped on the wrist when normal people would be punished harshly, the fact that (as you pointed out, I believe) jury nullification is being discouraged, the fact that the Supreme Court routinely modifies the constitution with invisible ink to make the people have fewer rights and give the government more power, and a number of other things.

      So yeah, there are some good ideas here, but anyone planning on following our lead needs to take note of our many failings.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    64. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      You are absolutely right. Rosa Parks was a criminal.

      If you want to read more into that then there is, feel free, but don't pretend I'm the one saying it. The only thing I am advocating here is that justice be served. In case I was too subtle for you in describing four different ways by which Snowden could still "win" despite being a criminal, let me list those out again.

      1) A jury could simply choose to ignore the law and let Snowden free (jury nullification).
      2) Snowden can appeal his case if found guilty and get the verdict overturned.
      3) If appeals fail, he can get his sentence commuted by a president.
      4) If appeals fail, he can get pardoned by a president.

      I thoroughly support our justice system. Those four things are part of our justice system. If politicians fail to repeal unjust laws, the system can still free criminals under those laws. Snowden is guilty. If the laws that make him guilty are wrong, staying a fugitive does nothing to change those laws.

    65. Re:Ellsberg got a fair trial by mrxak · · Score: 4, Interesting

      I freely admit that there are problems with the system too. But that's a discussion for another topic. I was only here to address specifically this news article. I didn't say anything terribly controversial with my very narrow focus, but unfortunately people decided to imagine my positions on other issues I did not address at all, positions I do not hold.

      Geez, a guy can't come out in favor of fair trials without getting called an authoritarian. Who knew?

    66. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 1

      If you shot a murderer while he was murdering you would not be guilty of any crime. Snowden exposed the NSA while they were spying.

    67. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      You are saying that testifying before congress that some should be allowed to lie? Go fuck yourself.

    68. Re:Ellsberg got a fair trial by ultranova · · Score: 1

      We can argue about what the law should be, but not what the law is.

      Of course we can. Law is not absolute but subordinate to various checks, after all. And indeed, laws are struck down all the time, for example on the basis of being unconstitutional. You yourself mention jury nullification, which is basically the jury deciding that a law doesn't exist.

      The way his trial is conducted would certainly teach us all about our government.

      Is the issue honestly in doubt anymore?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    69. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      > We can argue about what the law should be, but not what the law is.

      Er, no. The law is written in natural language, subject to interpretation and clarification, and must be coalesced into the existing body of law (or rejected where it e.g. falls foul of overriding legislation or e.g. a constitution).

    70. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      North Korean are told the outside world is a hellhole, too.

    71. Re:Ellsberg got a fair trial by aralin · · Score: 4, Interesting

      The thing is, almost anyone in the current or previous governments is guilty of breaking the same laws that Snowden is accused of breaking. But in a world where everyone is guilty, the prosecutor is the judge. His discretion to prosecute is the ultimate judgement. If you do decide to prosecute, finding the person guilty is only a formality in our current system. Everyone is guilty. There is no discussion, it is no longer possible to live life without breaking any laws.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    72. Re:Ellsberg got a fair trial by HuguesT · · Score: 1

      Let's face it though. He is guilty

      That's it. Enough said, thank you.

    73. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Snowden made a decision to break the law because he believed his cause was good which justified breaking the law. What if the NSA used the same argument? What if they believe their cause is just as good and justified and more important then adhering to any laws?

      WTF? NSA broke the law first. Snowden reported it. That it is illegal to report some crimes is a problem, that should never happen.
      Basic morality, it isn't hard.

      He decided to take a risk to report an ongoing crime to the US population. (Most people consider privacy to be a human right so it can also be considered a crime against humanity.) If we don't do what we can to make sure that he goes free then it is unlikely that anyone will ever do us that favor again.

    74. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      The interesting part of that is that they also flew some of those people to countries like Poland which was not a third world dictatorship at the time but member of NATO and candidate to become member of EU. I am sure that made people in Poland particularly happy especially as torture and violating law to get what state wants were things that Poles so loved in the old regime.

    75. Re:Ellsberg got a fair trial by HuguesT · · Score: 5, Insightful

      Jury nullification almost never happen, and in this case the jury would be carefully selected to completely exclude this remote possibility. Like it or now, your attitude summarizes a lot of what we hear about Snowden. Almost no one on the radio, newspaper, etc says anything about the crimes that Snowden has uncovered, and that will go unpunished, because, you know, everything is about Snowden.

      The best option for Snowden is to hide and wait for the American people to realize he was right all along, and a true hero like Ellsberg, and certainly not submit himself to some kangaroo court. If that never happens, the American people deserve their fate.

      Almost no one like heroes that disturb the comfortable status quo.

    76. Re:Ellsberg got a fair trial by slashdot_commentator · · Score: 1

      There is no jury trial in a FISA court.

      Do you even think its possible to field a jury with the security clearances required to expose them to the information presented at a trial?

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    77. Re: Ellsberg got a fair trial by HuguesT · · Score: 1

      Nothing is illegal for the NSA then. The law is a human construction, it is deeply flawed, not a hallowed text. In this case there should be some checks and balances over what the NSA is allowed to do and how they go about doing it. There isn't, and Snowden was right to expose that fact. One can express some pride at the extent and depth at which the NSA has been able to spy on foreign people (including friends and allies), one can also be frightened.

    78. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Maybe CSIS has some secret information on a vulnerability?

    79. Re:Ellsberg got a fair trial by slashdot_commentator · · Score: 4, Informative

      And no one will even speak the true threat the NSA poses to the world.

      No one rational thinks that Merkel represents a credible ally of Al Queda. Its all about finding out what Merkel is doing, in order to surreptitiously or politically thwart Germany's political or financial actions which the NSA disapproves of. The NSA will undermine the democratically elected will of any nation, all in the name of US "security". Its not the first time the US tried to do this. Just ask Iran and Chile.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    80. Re:Ellsberg got a fair trial by HuguesT · · Score: 1

      Actually there would be a trial, where you, the murderer shooter, would be first assumed innocent of any crime. Then facts would be brought up to ascertain whether or not you were allowed to invoke self defense when you shot that murderer.

      In Snowden's case, this is completely hopeless. Everybody has their media-hammered opinion that he is guilty. And since he ran away, everybody is convinced he is a coward too and does not even deserve a second glance. This opinion is everywhere in this discussion.

    81. Re:Ellsberg got a fair trial by HuguesT · · Score: 1

      Exactly. Thank you. Right now Snowden is innocent under the law.

    82. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Because Angela Merkel is really a sleeper agent for Al Qaeda. Before you play the "every body does that" defense, name which countries are even capable of spying on Obama's Blackberry.

      Canada by definition, and by virtue of being one of the five eyes, NSA.

    83. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      How can someone be an enemy combatant when they are a citizen of a country the US is not at war with, residing in another country the US is not at war with, not a member of any military, and not armed?

    84. Re:Ellsberg got a fair trial by Runaway1956 · · Score: 1

      No, let's face it for real.

      Snowden has unmasked the guilty, and the guilty are demanding that he return to face a trial staged by the guilty.

      What is there about a kangaroo court that needs to be spelled out?

      When the system is broken, then any "conviction" handed out by the system is questionable at best, and more likely wrong.

      You would like to see Snowden given a fair trial? I'd much rather see those in the White House and the people running the NSA given a fair trial. Snowden isn't going to get a fair trial, and neither are the people in the "intelligence" communities.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    85. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Do you really believe he was even given a chance to surrender?

      Yes. The data he carried in his brain was probably worth extracting. By the time we caught him, we might have even been smart enough not to try and torture it out of him. It didn't work out that way for reasons that we don't know.

      The orders to those who executed the mission, the audio and video retrieved during that mission, the post-mission debriefings, and the details of everything right down to that spiffy helicopter whose ass end got stuck over the end of the wall, all of that stuff will be declassified in the lifetimes of most of those reading this post, and anyone who cares can setttle the bet then.

      Right now, I don't know, and I don't need to know. Patience, grasshopper.

    86. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      He wouldn't have revealed anything if NSA hadn't committed crimes.
      And since privacy is considered a human right NSA committed crimes against humanity. That means that everyone had the right to know, not just the US population.
      Conveniently you left out that the information was given to anyone. Canadians, Germans and French, all alike. Not just to the Chinese.

      Do you know who the real traitors are? The people who stand up and protects the vile acts of NSA.

    87. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      But why do you believe him? They were prosecuted for the same thing under the same act.

      Bennett Haselton, is that you?

    88. Re:Ellsberg got a fair trial by NotSanguine · · Score: 2

      The idea that any sub-part of Congress can readily impose punishment upon a witness flies in the face of the concept of checks-and-balances. If an outraged subcommittee or committee had the power to jail or fine witnesses based on their testimony then imagine the fun a subcommittee completely controlled by political radicals (there are several House subcommittees that qualify) could have effectively removing members of the Executive from their ability to act ! Catch-22 would be de rigeur. Chairman: Spill the Beans! Witness: That would be unlawful! Chairman: Answering that is unlawful! Go to jail! Chairman: Spill the Beans! WItness: There are no beans to spill. Chairman: That's a lie! Go to jail!

      Err...Not so much.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    89. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Let's face it though. He is guilty.

      Guilty of telling the truth.

      I don't disagree with you, but it seems silly to respond to a post stressing the importance of the word of written law over emotions with a silly emotional quip like that, doesn't it?

    90. Re:Ellsberg got a fair trial by stealth_finger · · Score: 2, Insightful

      but the law defines what he did as espionage and he admitted to the acts).

      espionage

      spn,-d/

      noun

      noun: espionage

      the practice of spying or of using spies, typically by governments to obtain political and military information.

      That's quite different to unofficially releasing classified documents for the supposed exposition of wrongdoing, they may be trying to call it espionage but it's not. The end result may be very similar although I'm pretty sure most entities don't publicly release the fruits of their espionage.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    91. Re:Ellsberg got a fair trial by jalopezp · · Score: 1

      I think most people who support Snowden don't think he's guilty as you do. You insist he commited a crime, and you claim that it is a fact. The facts, though, are that he revealed classified documents to the public, and not that he commited treason under the Espionage Act of 1917. Amongst the people who revealed classified documents and then were tried under the act, most (like Manning) were found guilty, but Ellsberg was not. Further, the supreme court has never discussed the constitutionality of prosecuting whistleblowers under this act. Legal precedent is mixed and Snowden's guilt is far from settled. I'm quoting the friggin summary here:

      More importantly, the current state of whistleblowing prosecutions under the Espionage Act makes a truly fair trial wholly unavailable to an American who has exposed classified wrongdoing. Legal scholars have strongly argued that the US supreme court – which has never yet addressed the constitutionality of applying the Espionage Act to leaks to the American public – should find the use of it overbroad and unconstitutional in the absence of a public interest defense. The Espionage Act, as applied to whistleblowers, violates the First Amendment, is what they're saying.

    92. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Uh, Ellsberg never got a fair trial. The judge had to throw the case out of court because the government's and prosecution's collusion and breach of procedure and tampering with evidence made the idea of a fair trial a mockery. After finding out that the government had its plumbers break into Ellsberg's psychiatrist's office in order to find dirt on Ellsberg and intimidate the psychiatrist into cooperation, the judge called "game over".

      Ellsberg was most definitely not acquitted. There was no verdict exactly because no fair trial was even possible.

    93. Re:Ellsberg got a fair trial by dbIII · · Score: 1

      Those options are not available. If he comes home it's a show trial and no release until some time after Charles Manson. That's the politically expedient thing to do, anything else is seen as being weak.

    94. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Obviously by a trial I mean a fair trial. That's why I said "I would very much like to see him get a fair trial" in my original post.

      Take a look to what happened to all other whistleblowers the Obama administration dealt with before him. A "fair trial" is not in the books.

      Take a look at the jail sentence for Kiriakou. Take a look at what he did, and the sentence he had to serve for it. Take a look at Manning.

      Snowden is most certainly not going to get a fairer trial than all the rest. Obama has declared nuclear war on whistleblowers and he is not going to let Snowden get a fair trial and a just sentence any more than all of the other whistleblowers.

    95. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      This is like saying "no, I didn't murder anybody, but I did stab them repeatedly until they died." Yeah, you're a murderer according to the law whether you want to call yourself one or not.

      That's a very poor analogy. It's more like you saw somebody being stabbed, and whacked the offender on the head to make them stop. Then they want to arrest you for assault.

    96. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      You keep using that word. I don't think it means what you think it means.

      fair
      adjective, fairer, fairest.
      free from bias, dishonesty, or injustice

    97. Re:Ellsberg got a fair trial by Antique+Geekmeister · · Score: 4, Insightful

      > Spreading it around to make absolutely sure that Pakistan is helping the Taliban and Al Queda to make good, constructive use of it

      Nonsense. From their own testimony, NSA personnel have admitted that Snowden repeatedly went to his own superiors and his own chain of command about criminal behavior by his own colleagues and superiors, criminal behavior in violation of US law, the US constitution, and international treaties. He's done what he can to keep purely internal security documents _unpublished_, by attempting to filter it of genuine security risks to US personnel and civilians worldwide.

      He had no rational recourse left to help prevent criminal, abusive behavior on a worldwide scale. I'm afraid that your protestations sound like those of corrupt police departments when discovered beating prisoners. "If you testify, it helps the drug lords."

    98. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Personally, I would like to see Snowden prosecuted for the crimes he's accused of and given a trial by his peers. I would very much like to see him get a fair trial, with all the evidence and arguments heard. The outcome of such a trial would be of great interest to me, as well as whatever happens afterwards. We would all learn something from it. It might suck for Snowden, but he thinks he's doing all of this to teach the American people about their government. The way his trial is conducted would certainly teach us all about our government.

      RTFS The whole point of this is that, if Snowden returns to the US, you will not get to see him prosecuted. He will not get to make arguments. We will learn nothing from the resulting silence. The point is that the Espionage Act specifically prevents a fair trial by gagging the defense under auspices of national security.

      Ellsberg himself was prosecuted under the espionage act, but never exonerated by trial. The judge in Ellserg's case declared a mistrial, after the prosecution was found to have 1) burglarized Ellsberg's psychiatrist's office, 2) tapped Ellsberg's phone without a warrant, 3) tried to bribe the judge with appointment to the FBI directorship. Given the distorted rules of evidence surrounding the espionage act, a declaration of mistrial would be Snowedn's only hope, too.

    99. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Fuck you! Snowden is the greatest freedom fighter of our time.

    100. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      More to the point, you seem to think that Snowden shouldn't ever be tried so even having a trial at all, is by your reasoning, unfair.

      Can't speak for the OP, but I'd like to see Snowden get a fair trial, in which he's allowed to claim his actions support the public good; in which he's allowed to document illegal activities by the NSA; a trial with a public audience (hello, c-span?).

      Unfortunately, such a trial will not happen under the current espionage act. Now, maybe someone in Snowden's situation needs to step up, undergo prosecution by kangaroo court, and appeal his conviction on grounds that the rules of evidence in the trial violated his sixth amendment rights, in order to get the espionage act reformed. Of course, that's one of those Rosa Parks, sacrificial-lamb type situations, and while Ms Parks was allowed to spend her time free on bond, whomever sits trial under the espionage act will be in solitary isolation. Probably for a decade. Folks in such extreme isolation tend to go a little crazy, even to hallucinate, after a few months. I'm left thinking that Snowden has sacrificed enough for the public good already: he doesn't have to be the espionage act canary, too.

    101. Re:Ellsberg got a fair trial by naasking · · Score: 1

      Snowden made a decision to break the law because he believed his cause was good which justified breaking the law. What if the NSA used the same argument? What if they believe their cause is just as good and justified and more important then adhering to any laws?

      Who is ultimately right is for the courts to decide. But the government will try its damndest to prevent the courts from ever seeing this kind of case, if they can help it.

    102. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      You don't seem to realize that the Espionage Act would prevent Snowden from mounting a real defense. The point is that the law is unjust -- he violated it as an act of civil disobedience. The law should be repealed before any trials are held.

    103. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      This is like saying "no, I didn't murder anybody, but I did stab them repeatedly until they died."

      No, those two are different words for the same thing. It's like saying "No, I didn't murder anybody, but I did copy a policemans helmet".

      The only way revealing the actions of the government to the people can be classified as espionage, is if we start from the premise that the US is not "a government of the people", but a dictatorship where the people are the enemy.

    104. Re:Ellsberg got a fair trial by flyneye · · Score: 1

      In this case the prosecutor would be more likely to cater to the government; if nothing else to help them save face. Kerrys writers have been helping him strap on some testicles lately; so naturally this and since Omama has been embarrassed, they would HAVE to lay it on as heavy as possible. Remember the government IS going to show how RIGHTEOUS they are in regards to the LAW, even if the objective is payback. If what the people thought really mattered, there would be no Democrat or Republican party, no one with any brains would want them running anyones business.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    105. Re:Ellsberg got a fair trial by flyneye · · Score: 1

      Well.....fuck the law!

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    106. Re:Ellsberg got a fair trial by AmiMoJo · · Score: 4, Insightful

      How naive are you? Do you really think that if Snowden could access all that material that the Russians and Chinese hadn't already? The techniques Snowden used, basic social engineering, are so primitive and obvious that it's hard to imagine foreign spies having any difficulty at all getting in.

      There is no way Snowden could have revealed what the NSA was doing and backed it up with irrefutable evidence without providing information that may help people being targeted. Not just the domestic spying, but the unacceptable spying on supposed allies. Sometimes you have to reveal details to reveal wrong doing, and in the case of the NSA it had to be the original files with minimal redactions because he knew they would do everything to discredit him (and they did).

      The NSA is entirely to blame, not Snowden. He did the right thing.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    107. Re:Ellsberg got a fair trial by Archtech · · Score: 2

      You are wrong in stating that they would "have been hanged immediately by a squad of soldiers". Maybe you have been watching too many Hollywood movies. The fledgling USA copied its justice system lock, stock and barrel from that of Britain.

      The rebels would have been arrested and detained in prison. They would then have been tried for the crime of treason, and - in view of the overwhelming evidence against them - found guilty and hanged by order of the court. Exactly as all those found guilty of treason against the USA have been executed by order of the courts.

      --
      I am sure that there are many other solipsists out there.
    108. Re:Ellsberg got a fair trial by Ash+Vince · · Score: 1

      A rendition is when you arrest somebody in a second country and immediately turn them over to a third. It generally looks a lot like a kidnapping, but with legal paperwork done in the second country, because all arrests are basically legal kidnappings. An Extraordinary Rendition is done outside of the legal system of the second country. It looks even more like a kidnapping then a normal rendition, because there's no paperwork for the second country's legal system involved. They almost never happen because they're PR nightmares and good fucking luck getting cooperation from said second country's legal system in the future.

      Almost never happen? That might have been true before Bush got in but as soon as he did and September 11th happened the CIA felt it had free reign to do whatever they liked, under the guise of protecting america from another attack. After that, they did not care about PR nightmares abroad as a bigger worry would be some fucker flying another plane into a US building.

      This lists some of the cases where the subject survived and we know about it:

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

      Even the cases we now know about make it fairly clear this was happening quite often.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    109. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Well first you need a grand jury to indict them before they go on trial. I'm sure there's a lot of evidence to go over before that happens. Justice is not justice.

      FTFY

    110. Re:Ellsberg got a fair trial by rtb61 · · Score: 1

      No admitted guilt. It is illegal to obey illegal orders. By law he was required to protect the evidence of crimes that came into his possession and present it to the justice system for prosecution. This presentation need not be private and can be quite public. What is clearly apparent from 'recent' prior examples of this type of case where criminal acts of government agencies are exposed, the judge has blatantly criminally conspired to ignore this evidence, bury it and only allow the the prosecution of release official secret evidence of criminal acts. So blatant corruption within the US judiciary and the justice system and the US government. A a really rather pathetic response of Kerry, which comes off as a forced extorted response, likely as a result of evidence obtained by the NSA against Kerry to protect it's newly obtained power. Kerry talking about justice, it is most likely him that needs to confess and face justice for that confession and free himself from extortion.

      --
      Chaos - everything, everywhere, everywhen
    111. Re:Ellsberg got a fair trial by Ash+Vince · · Score: 1

      It wasn't an execution, it was an armed conflict on a battlefield. Americans were shot at from and inside the house. There was every reason to believe that Osama would have a suicide vest or otherwise resist violently to capture. Osama made no attempt to surrender and was therefore a combatant. Of course they shot him on sight. If they'd found him face down naked and spread eagle on the floor screaming "I surrender" they would have taken him alive.

      Not necessarily. The truth is that taking prisoners in that sort of OP is very dangerous. Especially the sort of prisoner where they are surrounded by other combatants who would quite happily do something suicidal to help them escape. If Osama survived it may well have been at the expense of every other person in that complex.

      I am also reminded of the SAS raid on the Iranian Embassy Siege. In that case the SAS topped quite a few people who were no longer a threat. The first was the leader of the terrorists, he had been subdued by armed police officer who managed to keep his gun through the whole siege. The second and third were a couple of unarmed terrorists who had been convinced to surrender by their hostages. The SAS had orders to "make sure there was no ongoing problem after the siege" and they took this to mean long winded trials and such.

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

      In the end one terrorist did manage to survive, as executing him after he had been led out of the building in front of the TV cameras would have been a bit iffy.

      The truth is that special forces like SEALS are often put in situations where taking prisoners is simply a luxury they cannot afford, unless they are given a strict "must be captured alive" remit. Those sort of missions are probably harder than the ones where you can just shoot anything that moves, especially if the people who you want to take alive are not hostages.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    112. Re:Ellsberg got a fair trial by drinkypoo · · Score: 1

      We don't actually have laws or courts.

      We do actually have courts. We don't actually have laws. All are equal before the law. That's not how it works here.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    113. Re:Ellsberg got a fair trial by drinkypoo · · Score: 2

      Your definition of a fair trial is that everyone gets acquitted and is given a trophy.

      Straw man.

      But, if you prefer, we could go back and prosecute him now.

      Worsening legal climate irrelevant to original postulate.

      you seem to think that Snowden shouldn't ever be tried so even having a trial at all, is by your reasoning, unfair

      False. You can think that Snowden should be tried in principle, but that he should never be tried by this government, a government which does not respect the rule of law.

      I mean how bad could fascist autocracy really be?

      Contradiction in terms.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    114. Re:Ellsberg got a fair trial by drinkypoo · · Score: 1

      Let's face it though. He is guilty. He admits what he's done. We can argue about what the law should be, but not what the law is.

      Yes, that's true. And Snowden uncovered many violations of the law. He acted in a capacity in which law enforcement was unable or unwilling to perform, and detected and reported massive malfeasance. Yet the focus is on what we should do about him, and not on what we should do about all the criminals who engaged in all the criminal activity he uncovered. Said criminals would very much like to thank you for helping to distract attention from the actual problem: themselves.

      You really have to be a gigantic idiot to be more concerned about the person who uncovers the crimes than the people who commit the crimes. Maybe you're not that idiot, I can't tell from your comment. But,

      Personally, I would like to see Snowden prosecuted for the crimes he's accused of and given a trial by his peers. I would very much like to see him get a fair trial, with all the evidence and arguments heard.

      Those statements are directly contradictory. Snowden's "peers" are complicit in the crimes he uncovered, at least a fraction of them. And further, all the evidence and arguments would (obviously) not be heard.

      The way his trial is conducted would certainly teach us all about our government.

      You didn't learn from the way Ellsberg's trial was conducted, what would you learn from this that you failed to learn from that?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    115. Re:Ellsberg got a fair trial by drinkypoo · · Score: 4, Insightful

      Geez, a guy can't come out in favor of fair trials without getting called an authoritarian. Who knew?

      No one calling for a trial of Snowden is "coming out in favor of fair trials", because Snowden would not get a fair trial. They are coming out in favor of kangaroo courts. You demonstrate awareness of this when you say that "All kinds of things could happen" during a trial of Snowden.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    116. Re:Ellsberg got a fair trial by NotDrWho · · Score: 1

      They were prosecuted for the same thing under the same act.

      Because 1973 American was a LOT different than 2014 America. Ellsberg was a media darling for one thing (in an era where the press was a lot stronger and less subservient to the government), being tried under a much more liberal court and under a Presidential Administration that wanted the whole Vietnam War to go the fuck away (with leaks that mostly implicated the previous Administration anyway). And it was before there were secret courts and long before prosecuting leakers under the Espionage Act was commonplace.

      Snowden would not only not get a fair trial, he wouldn't even get a fair detention. The second he stepped off the airplane he would be whisked away to solitary confinement in some secret detention center and placed under permanent gag order (probably for the rest of his life). If he was lucky, his lawyer MIGHT be allowed to see him a few times and/or access SOME of the evidence against him. Then he would get a quick show-trial and be thrown back into permanent imprisonment, still in solitary and under a gag order for the rest of his life. He would never again be allowed to do press interviews or even communicate with the public.

      And THAT is why he left the country and why he is able to plead his case to the public today. All of you who think he should have stayed here and "faced the music" are fucking idiots. The only "music" he would face in the U.S. is a dungeon and gag. He's never again going to be able to "make his case" or get a "fair trial" anywhere on U.S. (or U.S. lapdog) soil.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    117. Re:Ellsberg got a fair trial by Sabriel · · Score: 1

      I read your post, and it's moot because he wouldn't _get_ the fair trial you say you want him to have. That was the whole point of Ellsberg's statement: a fair trial requires fair laws, which don't currently exist.

    118. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      it was due to an activist judge who held that there was such evidentiary misconduct that the case was dismissed.

      Since when is applying evidentiary standards something which makes an "activist judge".

      Are you asserting that judges should consciously allow the state to have a bad standard of evidence and get away with it?

      If you are, you're a moron.

    119. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Calling out other crimes does not justify the first crime. "But all those other guys were speeding too!" doesn't get you out of a speeding ticket. Stealing food to feed your starving family is still theft.

      The law is not emotional. It doesn't care why you did what you did (with the exception of "hate crimes"), it only cares what you did and whether or not it was legal.

    120. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      "we would..."

      I wouldn't. He's a traitor and should be in jail.

    121. Re:Ellsberg got a fair trial by Archtech · · Score: 1

      Contrast the treatment bin Laden received: captured while completely defenceless and indeed stark naked, cynically murdered, and his body dumped into the ocean. Whereas it would have been perfectly easy to bring him back to the USA to stand trial.

      --
      I am sure that there are many other solipsists out there.
    122. Re:Ellsberg got a fair trial by kilfarsnar · · Score: 1

      I happen to believe in trials. So did the founding fathers. The alternative is summary judgement or an assassination. Would you prefer those? Certainly some authoritarians and monarchists do.

      I might take a closer look at how our legal system typically works in every day circumstances before making that statement. I believe in trials too. So do most Americans. But that's not that same thing as saying I believe in or agree with the way the US legal system plays itself out. I won't go into all of it here, but it has to do with how minorities and the poor are treated, private prisons, the role of status and money, and the deference to the national security state in post-9/11 America.

      I don't really blame Snowden for avoiding the US authorities. I can't imagine he would get a fair, public trial; not when he's made the US government look so bad. We are living in a time when the President can declare one an unlawful combatant (enemy of the state) and have them arrested and held without trial. I hear reports of secret evidence and secret laws and "alternative interpretations" of known laws. I wouldn't trust my own fate to this system, and I'm just a common criminal. As for Snowden, they'd do all they could to railroad him, and prevent the public from hearing anything he has to say. This isn't the America I grew up in, where I thought I could trust the system.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    123. Re:Ellsberg got a fair trial by rahvin112 · · Score: 3, Informative

      Obama did try to close Guantanamo Bay, Congress wrote a law forbidding it and included terms that he had to give congress 30 days notice before a single prisoner could be transferred so that congress could write a new law blocking it. There have already been half a dozen Republican House members that have claimed the president broke the law by negotiating the exchange for the American POW.

    124. Re:Ellsberg got a fair trial by Hydian · · Score: 1

      So what you're basically saying is that they didn't submit to the rule of law as it existed because they didn't agree with it. There was no "American justice system" as a distinct entity because America was a part of the British Empire. They ended up making their own justice system...with blackjack and hookers.

      I get what you think you are trying to say, but the truth is that Snowden does not get a fair trial. If he's lucky, he'd be shot "trying to escape" and if not, he'd be shoved into a dark hole for the rest of his life where he might be let out for a few minutes to allow for the appearance of a trial. Why should he submit himself to a lifetime (however short it may be) of torture just to make a bunch of bloodthirsty sheep happy?

    125. Re:Ellsberg got a fair trial by Rich0 · · Score: 1

      They didn't turn themselves in because they would not have gotten a trial of their peers under the American justice system.

      They would have received the exact same treatment you advocate for Snowden - a trial of his peers under the British justice system. The American justice system was irrelevant as there was no "legitimate" American government at the time.

      What you argue for is like some whackos out West wanting to be tried by their local militia and not by the US government when they violate firearms laws or whatever.

    126. Re:Ellsberg got a fair trial by kilfarsnar · · Score: 1

      I really don't understand who you're arguing with, but it's definitely not me. Stop trying to put words in my mouth.

      Trials are a good thing. It is how we as a society decide truth and reach justice. It's also how the citizens of this country nullify laws that they don't like that the politicians won't change. No amount of internet posting is going to accomplish what you want to accomplish here. A trial can. Jurors can decide to ignore the law if they don't like it. If he's found guilty of the crimes he's already confessed to, then he can appeal, perhaps up to the Supreme Court, get a commutation from a future friendly president, or even an outright pardon. All of these things would accomplish what you want. Him hiding in a foreign country means he's a fugitive forever and nobody ever gets justice. He doesn't get justice, the American people don't get justice.

      I think you are running into trouble because you seem to be arguing in favor of a legal system that doesn't currently exist. All of the things you mention in favor of it (Jury nullification, presenting a full defense, commutation or pardon from a President) exist according to the letter of the law. But they don't really happen in practice, unless you are wealthy or connected. So you seem to be saying that Snowden is choosing between being a fugitive, or coming home to face a legal system that will treat him fairly and afford him all the advantages that he should theoretically be entitled to. If that were the case, I might agree. But I don't see that as the choice he faces. I think he faces being a fugitive or coming home to face a military tribunal if he's lucky.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    127. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      It is the first duty of a citizen to report crimes against the citizens to the citizens. Snowden has reported gross violations of the letter and spirit of the constitution in a collusion between the executive and judicial branches of government with the laissez faire approval of an ignorant and easily cowed congress. If we allow the law to apply only to those whom the powerful choose it to apply, then there is neither liberty nor justice. It follows then, that the laws are not being made or enforced with the consent of the people, but in their ignorance. Laws made and enforced in secret are not laws but extortion - and cannot be anything other than tyranny.

      Just as there are those who seek to hide the law behind expensive pay walls requiring the citizen to pay to read the law they are required to follow regardless of access; there are those who seek to do as they please in secret. There exists upon the internet a fine video in which a lawyer explains that you should never talk to the police because they will use whatever you say to convict of a crime in a court of law. I am in a terrible hurry this morning, so I leave finding it to you. Imagine now that every conversation you have ever had could be used to convict you of a crime in secret for national security reasons. The actual reasons may be to destroy your life because someone with that power does not like you; sees you as a threat; or perhaps you are near and dear to a target. It could be petty: you are an ex lover of some jealous person, a minority race, female, Muslim, Catholic, or the wrong religion, perhaps you are a member of the LGBT community. It could be economic: they know that certain business deals are going to be made and seek to steal your land so that they can sell it. It could be plain greed: you have something someone else wants, a game, an idea, an invention; simple to use the secret power of government to force you to do things. You can be banned from flying for the offense of being related to someone with a name on a list. These are the crimes of tyranny as old as man, and written in blood long before we learn to write in clay and stone.

      It cannot be a crime to report crime. The law is mostly irrelevant here as there is a higher moral duty involved. Laws are just words on paper that have no power without the consent of the governed. By keeping the violations of the laws of the land secret, those whom Snowden reported against stand in opposition to everything our constitution stands for: they are, by definition, enemies of the republic. They work against the very fabric of what makes this republic function as a republic. IT is perhaps merely a symptom of our transition from republic to oligarchy in which the rights of the citizen become the privileges the commoners are given as rewards for being good servants.

      Don't focus on the little evil before you; focus rather on the bigger evil the little one exposes.

    128. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 4, Insightful

      At least you gave Manning a mention. I hardly ever see John Kiriakou's name brought up when talking whistleblowers who've exposed US administration war crimes.

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

    129. Re:Ellsberg got a fair trial by UnknownSoldier · · Score: 1

      That's because it has always been easier to shoot the messenger, then to pay attention to the message.

    130. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      So how do I, an ordinary Joe Schmoe, ensure that this process gets started?

    131. Re:Ellsberg got a fair trial by anagama · · Score: 1

      I understand that trials are better than summary assassination, but as a lawyer it is also somewhat sad to see how reverentially people look at the trial process. In the end, it is an ugly, dirty process that not infrequently perpetuates injustice -- and that's in fair trials where both sides are allowed to make a case. The way Snowden would be tried however, would basically mean that only the Government could present evidence. That's about as close to a summary proceeding as you get without just relying purely on the President's opinion.

      So ... a big Fuck You to all the "Snowden should face trial" idiots who aren't aware that a trial is just a religious pageant for the faithful who've sold their Bill of Rights for a Bill of Goods. And to those who are aware of this and perseverate on "face the music," like the Bushes, Obamas and Clappers of the world -- here's to hoping they get a slow acting extremely painful cancer.

      --
      What changed under Obama? Nothing Good
    132. Re:Ellsberg got a fair trial by anagama · · Score: 2

      Let me summarize your position: It's 1950, you aren't white, drink out of the "White's Only" fountain. You deserve to be in jail because you're a criminal.

      Secondly -- there is no such thing as a "fair trial" -- even if a person is innocent and prevails, there is the fear, anxiety and financial devastation they had to go through.

      Finally, Clapper would be allowed to mount a defense. Snowden would not because of the way trials are conducted under the espionage act. Snowden would get a show trial like you would expect in N. Korea -- he wouldn't even get the normal "destroy your life even if innocent" type of trial.

      --
      What changed under Obama? Nothing Good
    133. Re:Ellsberg got a fair trial by Creepy · · Score: 1

      He is guilty of giving the documents to friendly press, not everybody. The press then revealed some of the exposed documents, but not all of them, and censored some information. This is different than Manning, who revealed the documents to a bulk dump leak site.

      The real problem is the espionage charge, though. This is based on the loosely worded and likely unconstitutional Espionage Act of 1917, which states that giving Confidential information to anyone that "is not supposed to have it" is illegal. The White House itself has committed treason by this standard by revealing the name of the CIA top official in Afghanistan last week.

      As long as the espionage charge stands, I don't think Snowden can get a fair trial in the US. With Obama backing the espionage charge, there is no way he gets pardoned. In fact, I'd say there is a better chance he gets hung than there is he gets a pardon, despite the government promise that they won't chase execution for the espionage charge.

    134. Re:Ellsberg got a fair trial by anagama · · Score: 1

      re: jury nullification, appeals, commutation, pardon

      You are so deluded about the trial process it isn't funny.

      Jury nullification basically never happens, and when it does, it's usually of the type that lets a lyncher go free. The appeal would only work if there was some procedural error -- the appeals court will give the trial court great deference on factual matters. As for the president --- buy lotto tickets. Better chance.

      Our "justice system" operates on two tiers -- one tier which excuses the rich and politically connected, another tier that grinds up everyone else. You seem to be a man of great faith -- pray you never end up with a serious issue to be decided by the courts -- it's basically a crap shoot unless you are in tier 1.

      --
      What changed under Obama? Nothing Good
    135. Re:Ellsberg got a fair trial by Creepy · · Score: 1

      The problem is the NSA violating its charter against spying on Americans, not their spying on foreigners. That is the job of the FBI and they have a lot more judicial oversight. The NSA has gotten in trouble for overstepping into FBI jurisdiction multiple times all the way back to Watergate, and once again needs to be reigned in. The exceptions put in after 9/11 seem pretty far stretched to justify collecting bulk metadata on American calls by the NSA, and it certainly is out of their jurisdiction (they should only be able to collect information on calls where at least one end is in a foreign country).

      As for spying on our foreign allies, I think it is a dick move on our part, but it certainly is in the jurisdiction of the NSA. I'm a little mixed on that one - while it is in NSA jurisdiction, it shows our paranoia is pretty damn acute.

    136. Re:Ellsberg got a fair trial by anagama · · Score: 2

      Notable to Ellsberg's case, the government massively fucked up by breaking into his psychiatrists office, stealing documents, and getting caught red handed plus some other illegal wiretapping. This is the reason Ellsberg walked -- not because he managed to overcome the espionage act, but because the government screwed itself. In other words, Ellsberg won the lottery but nobody else has since.

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

      --
      What changed under Obama? Nothing Good
    137. Re:Ellsberg got a fair trial by kilfarsnar · · Score: 1

      The law works like this ALL the time. I'm no fool and I sure as hell realize this isn't going to happen anytime soon. But wait a few years for current guys to get out of office, and someone else to get in (likely a Democrat wanting to distinguish themselves from the past, or one of those extrodinarily rare beed of non-crazy Republicans who also are wiling to stand up to their crazy party every so often). Then it might, just might happen. But not for perhaps 5-10 years.

      I'd like to think that. But I'm sure you know that the Establishment makes sure no one gets to the Presidential ballot as a D or R who won't toe the line. It's looking like Hillary will make a go next time, and her views fall squarely within the comfort zone of the Elite. She won't be deciding not to prosecute NSA whistleblowers. Heck, Obama was supposed to represent Hope and Change. Everyone was sick of Bush by 2008. But Obama turned out to be the same as the old boss, but with better diction and a smooth jazz soundtrack. It's all about the packaging these days; the same wine in a new bottle.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    138. Re:Ellsberg got a fair trial by Grishnakh · · Score: 1

      Um, what better locale is there than Russia? When you're wanted by the US for high crimes ("espionage"), any country that has an extradition treaty with the US is unsafe. That makes pretty much all of Europe out of the question, unfortunately. It only leaves a small number of countries where you'll be safe, and none of them are great. Russia is definitely a much better place for someone like Snowden to live than someplace like North Korea or Iran.

    139. Re:Ellsberg got a fair trial by Creepy · · Score: 3, Informative

      That's the problem with the Espionage Act of 1917 - it defines espionage as giving any confidential information to anyone that isn't supposed to have it (and yes, in that loosely worded terminology). That means Richard Armitage, likely Dick Cheney, Karl Rove, and Scooter Libby, and someone at the White House for last week's press release of the CIA head in Afghanistan are all guilty of treason.

      I really question of whether even Ellsberg would have walked if it weren't for the gross misconduct of evidence gathering (you know Nixon loved his wiretapping). He certainly was guilty of the Espionage Act of 1917. I suspect had he been convicted, a legal battle over the Constitutionality of the act would have ensued, but it was delayed by the case's dismissal. I doubt either the Espionage Act or the Computer Fraud and Abuse Act (which was designed using the Espionage Act as a template) could stand a serious court challenge.

    140. Re:Ellsberg got a fair trial by Phrogman · · Score: 1

      Yes, Snowden would return to the US for a trial in a secret court, with nothing released to the public for "security reasons" and be placed in solitary confinement for the rest of his life. He would not get a fair trial. It would not and could not happen.

      So yes, it would be interesting and beneficial for the US public if Snowden received a fair trial and was granted all his rights. It would be a chance to test the legality of various laws etc - but since it would have to be conducted in secret by a military tribunal, it would never reach the light of day, and thus no benefit would be had.

      Snowden should stay where he is until the US changes its laws to make it safe for him to return. That will take some major changes I don't see ever happening.

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    141. Re:Ellsberg got a fair trial by Creepy · · Score: 1

      And they actually committed espionage. Nobody that has actually committed whistleblowing has finished a trial when accused of espionage under this act - in Ellsberg's case, it was thrown out due to illegal evidence gathering.

    142. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      And he says Snowden won't. I believe him. What's your point?

      I think his point was that Ellsberg got a fair trial and never saw a day in prison, so it is possible get a fair trial, after all. What's your point? Do you somehow think that your opinion wins over the parent's fact?

    143. Re:Ellsberg got a fair trial by Kilo+Kilo · · Score: 1
      This entire discussion is about the fact that he won't get a fair trial. He would definitely get a trial if he came back and he would most certainly be convicted because as you pointed out, he's confessed to his crimes. He would be arrested and held until the trial, then held until his appeal. If he loses his appeal, then he will likely be in prison for the rest of his life. No one really wants to put themselves through all that especially since there is nothing to gain from his imprisonment.

      The issue here is that the law differs from what is morally wrong. Therefore, the law should be changed. We don't need to cause suffering to people for pointing out wrongdoings solely on the argument of "the law is the law."

      Also, your possible positive outcomes are extremely unlikely with our current government.

    144. Re:Ellsberg got a fair trial by praxis · · Score: 1

      Snowden didn't turn himself in because he would not have gotten a trial of his peers under the American justice system. He will be given a closed-door non-jury military tribunal. Isn't that obvious? This is part of the reason why he is hiding outside the US's reach.

    145. Re:Ellsberg got a fair trial by thoromyr · · Score: 1

      if they were brought to trial you would like it to be "fair"? Or, you think they *should* be brought to trial for their documented crimes, and that the trial should be fair?

      Your repeated insistance that Snowden be kangaroo jury trialed has been repeatedly shown by your posts for the bunk that it is. Making half statements like this one that is just begging to be misread is misleading and dishonest.

      Its okay, you can admit that you approve of the governments actions. It won't make people like you, but those who can appreciate honesty and abhor hypocracy won't see you in such a poor light as you are currently putting yourself in.

    146. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      But that would never happen under the Espionage Act, which is the point of the article.

    147. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      You said he was guilty. The contradicts a fair trial.

    148. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      You also ignore the point of the article that Snowden cannot get a fair trial under the Espionage Act. So your comments are pointless.

    149. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      Because you claimed he was guilty, then continued he could get a fair trial, while ignoring your bias of his guilt and the Espionage Act. Makes you look quite the fool. You really should read what Daniel Ellsberg wrote.

    150. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      Those are your words. That fact that you are now saying they aren't is sad.

      You might want to RTFA before claiming someone can get a fair trial under the Espionage Act. You look very foolish.

    151. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 2

      You really are an idiot aren't you. Espionage Act. Read it sometime. He would not be able to tell his story:

      "As I know from my own case, even Snowden's own testimony on the stand would be gagged by government objections and the (arguably unconstitutional) nature of his charges. That was my own experience in court, as the first American to be prosecuted under the Espionage Act – or any other statute – for giving information to the American people

      But when I finally heard my lawyer ask the prearranged question in direct examination – Why did you copy the Pentagon Papers? – I was silenced before I could begin to answer. The government prosecutor objected – irrelevant – and the judge sustained. My lawyer, exasperated, said he "had never heard of a case where a defendant was not permitted to tell the jury why he did what he did." The judge responded: well, you're hearing one now.."

      Do you get it now.

    152. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      Yo pin-head, that point is under the Espionage Act Snowden will not be able to tell his side of the story. He will not be able to give a defense. That's the point. But please continue to ignore this fact.

    153. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Don't forget the "unforced" sexual re-assignment surgery too. You mess with the US, we cut off your dick!

    154. Re:Ellsberg got a fair trial by oh_my_080980980 · · Score: 1

      Somebody keeps failing to read about the Espionage Act.

      1.) How is a Jury going to ignore the law if they can't hear Snowden's side? Think Potsy, think.

      2.) An appeal will only overturn a verdict based on the technical points of a trial not the substance of the verdict. Thus is there no issues with the way the trial was conducted, the verdict will not be over-turned. Swing and a miss.

      3.) What is the likelihood the President will commute the sentence? Strike two.

      4.) What is the likelihood the President will pardon Snowden? Strike three.

      You really didn't think about this.

    155. Re:Ellsberg got a fair trial by Prune · · Score: 1

      > Jury nullification almost never happen

      That's quite sad, really. It shows that, for most, conformance supersedes conscience.

      --
      "Politicians and diapers must be changed often, and for the same reason."
    156. Re:Ellsberg got a fair trial by Sedated2000 · · Score: 1

      Are you sure he did? He claims now that he was a CIA trained spy, and claimed before this even that he took the job at the NSA expressly to gather evidence. Someone who is taking a job to gather evidence doesn't go through proper channels to report. If you can post where NSA admitted, I would like to see because I haven't been able to find anything where they admitted it. A lot of his behavior and speech goes against what I would expect someone to do and say if they had only good intentions at heart.

      I do believe his first leaks were good, alerting everyone to the NSA snooping network. Everything after that questions anything positive about the first part.

    157. Re:Ellsberg got a fair trial by DrGamez · · Score: 1

      Go away little child.

    158. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      I just read through the Espionage Act and could not find any mention of the defendant being barred from presenting a defense. Could you point me to that section?

      Thanks

    159. Re:Ellsberg got a fair trial by Sciath · · Score: 1

      That's a naïve view of the "law". I know from working in government that various laws are worded so ambiguously that it is left up to "administrators" to "interpret" the laws and then implement laws based upon their own interpretations. The courts (or Congress) usually don't get involved in deciding the "Constitutionality" of law after the fact until a large enough dispute arises and even then the courts have to consider the "spirit" of the law (Congress's' intent) and not just the letter of the law. But in a system in which the government gets to set all the rules of the game, decide what is lawful or not in front of a population that is content to accept government's interpretation of intent and right and wrong, then in many circumstances those who stand accused have a very bleak legal prognosis regardless of whether government's actions, ill intent, agenda and legitimacy can be constitutionally justified. Like Snowden said, sometime the right thing to do is to break the law. Especially for a greater good. And I would argue that the greater good in this case is knowledge. For a democratic people cannot ascertain whether or not their government is acting not only legally but morally on their behalf without knowledge of what the government is doing.

      --
      "Those who can make you believe absurdities can make you commit atrocities." - Voltaire
    160. Re:Ellsberg got a fair trial by danbert8 · · Score: 1

      They had to kill him and dispose of his body without an independent verification of death so that conspiracy theorists would be able to make books and movies for years. I mean seriously, we can't just be letting facts and evidence ruin a good government conspiracy theory...

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    161. Re: Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      An unconstitutional law is as good as no law. No... In fact, it becomes the duty of all good citizens to violate that law.

    162. Re:Ellsberg got a fair trial by NoOneInParticular · · Score: 1

      Yes, he might very well go to jail after a fair trial. But that will never happen, as he won't get a fair trial. By now, more than a decade after 9/11, the US has sufficient legislation in place to be able to completely avoid fair trials. That's the entire point of the article: Snowden will not get a fair trial. Chances are, he will not get a trial at all. He would be locked up and isolated, and will not be allowed to defend himself in court, because you know, law. It will indeed teach everyone about democracy, and the message is simple: don't screw over the best democracy money can buy. And large parts of the US will cheer: Snowden is obviously a traitor and traitors don't deserve a fair trial, that's for decent folks.

    163. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      And the judge will overturn the jury's verdict and proclaim him guilty and sentence him to life plus 100 years in prison.

      What is that you say "that's impossible they can't do that"? But they are already overturning jury verdicts so believe it would happen here.

      But he would never see trial. He would either disappear into a dark hole to never be seen again or would have an "unfortunate accident" that left the corpse barely recognizable from all the broken bones.

    164. Re:Ellsberg got a fair trial by tlambert · · Score: 1

      Obama did try to close Guantanamo Bay, Congress wrote a law forbidding it and included terms that he had to give congress 30 days notice before a single prisoner could be transferred so that congress could write a new law blocking it.

      And then he signed it rather than vetoing it?

      You're point was that his pen was not under his control at the time, or are you trying to make some other point?

    165. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      Are you arguing extraordinary rendition is not like kidnapping because kidnapping involves showing probable cause to a judge, grand jury hearings, etc.?

      Or are you arguing we routinely extradite people from Canada without going through any of that stuff? Because every extradition is an ordinary rendition.

      Because if it's not one of the two, you have quite clearly misunderstood everything I said in that post.

    166. Re:Ellsberg got a fair trial by Antique+Geekmeister · · Score: 1

      Snowden did try to go through channels, See http://icontherecord.tumblr.co.... Snowden claims there was more, and that the NSA is trying to spin this sort of matter by concealing much o the correspondence and records: given the text of this sort of letter, I can believe it.

      I'd be curious to learn more about his "training as a spy": it's difficult to dig through the newspaper reports for his actual sentences, instead of just the juiciest sound bites.

    167. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      I didn't argue we were magical saints who have never done anything wrong. That would be stupid.

      I argued that this particular wrong (Extraordinary Rendition of a white male from a major power to some third country nobody can name because it does not exist) is not the kind of evil thing the US does.

    168. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      Dude, if you're reading law books to understand international law you're a moron. The laws in International Law Books aren't there because God ordained them, they're there because that was the exact BS that would allow two countries to avoid nuking each-other that Tuesday. This means that if those two countries change their minds on Wednesday International Law changes even if nobody bothers to go back and amend the treaty.

      In this case Pakistan has precisely as much sovereignty over Abbotabod as it is willing and able to defend. That turns out to be virtually none. The text of the treaties is irrelevant. What is relevant is that a) we did it, and b) the Pakistanis let us get away with it. That isn't necessarily fair, but life isn;t fair. Deal. Hello, it is also quite unfair that Pakistan supports numerous terrorist groups who murder Indians, and you don't seem to be particularly incensed about that.

      As for the US Code, you do realize that every section of the code is inferior to the US Constitution? And under the US Constitution it was the President's entire job to attack Al Qaeda? Which means that if you're right and the US Code bans attacking OBL then it logically follows that the US Code is Unconstitutional.

    169. Re:Ellsberg got a fair trial by Man+On+Pink+Corner · · Score: 1

      I think Snowden's 'crime' was unfortunately necessary because there was no other way to call attention to the government's Constitutional abuses, past, present and future. But here's the problem with civil-rights era analogies: Rosa Parks, MLK Jr., and other prominent dissidents stuck around and took the heat. They spent time in jails that probably made Guantanamo look like Club Med by comparison. They were attacked by police dogs, sprayed with fire hoses, and were generally treated like shit. In many cases they watched their friends and compatriots die violently.

      What they did not do was haul ass to Hong Kong.

      Now, I can see why Snowden did that, and I certainly would have done it, myself. Why stick around for the disproportionate punishment that would follow an Espionage Act indictment? Snowden has no reason to believe he would even be given a trial, much less a fair one. He is no different from Anwar Al-Awlaki in this administration's eyes, being a US citizen who (we're told) stepped a little too far out of line for the judicial system to handle. Snowden just has a whiter sounding name, that's all. I don't expect him to martyr himself.

      Nevertheless, the fact remains that he did flee to the far ends of the Earth, which isn't a valid act of civil disobedience as we know it from earlier eras. Right or wrong, he can never get that lost moral authority back. So it's best not to defend him by comparing him to Civil Rights figures who faced the consequences of their illegal acts.

    170. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      Are you kidding me?

      Russia would be tough, but Snowden only wound up in Russia after he was left with no other options. So if he kept a low profile, he'd never have wound up in Russia.

      If he'd actually kept a low profile he'd still be in Hawaii, and he'd be anonymous.

      If he'd stayed in Hong Kong he would have been similarly immure to extraordinary rendition.

      Hell, let's say he'd had half the brainpower his supporters think he has, and he'd started out in some leftist Latin American country like Peru. Precisely how many extraordinary renditions happen in those countries?

      If you think the US doesn't have the power to take it's own citizens from many, many countries in the world and just make them disappear, you're living in a delusion, The US has a golden ticket that the lawyers have been ever-expanding their justification to do anything.

      Dude, apparently you did not read what I wrote.

      I haven;t said anything about the legal powers of the United States Government in this thread. What I've said is that the US would be unwilling to use them against a white man in Russia.

      BTW, if you were bothering to use your reading comprehension skills, instead of seeing "anti-Snowden, discusses extraordinary rendition," and then ranting on auto-pilot you'd note that my argument is basically that the US Government are racist bullies who fear Vladimir Putin.

      If you some evidence that the US Government has extraordinarily rendered whites (and no, Arabs don't count), or that it's done anything in a country that has actual geopolitical power (ie: a Security Council member) feel free to present it.

    171. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      "Often" is a relative term. In a country of 300 million people even 300 times is a 1 in a million chance.

      Moreover all evidence is from the Bush years. This means that one of two things has happened:

      1) Obama doesn't do this shit.

      2) Obama is way better at keeping this shit under wraps then Bush was.

      Even if true 1) doesn't necessarily mean Obama's a nice guy. He could simply have decided the risk of being caught, and pissing everyone off, out-weighed the benefits.

    172. Re:Ellsberg got a fair trial by anagama · · Score: 2

      Why is fleeing not valid in the context of civil disobedience? Especially when facing what is essentially a certain slow death sentence after trial based on Kangaroo Court procedures? There is no requirement that a person be a martyr to engage in civil disobedience.

      Examples of how ludicrous the martyr requirement sounds are easy to come by, even without Godwinning this comment. Let's say a person is a N. Korean coyote, or whatever the term is there for helping people across the border illegally. If that person gets wind that the government is after him, should he not flee? Should he stay to face what is certainly death or close to it? Does staying and being destroyed set a good example for other coyotes? Does that really do anything to make the situation better for those who need coyotes?

      All being a martyr does is annihilate our coyote -- nothing else. He should absolutely flee, I would say he has a DUTY to flee if the situation arises because by fleeing, he can be an example of how to get around unjust laws and live, rather than be an example of how to commit suicide.

      --
      What changed under Obama? Nothing Good
    173. Re:Ellsberg got a fair trial by rahvin112 · · Score: 1

      Unlike you I'm not trying to be facetious.

      The Guantanamo restrictions have been attached to the defense funding bills (every single year) and have wide support in congress. You suggest he veto the defense spending bill and refuse to budge and in the process accomplishes nothing except de-funding the military. Without support in congress for his objective it's utterly pointless to pursue the goal because he can not accomplish it no matter how many times he veto's bills.

      You're suggesting that because congress will not allow him to close it that he should just refuse to fund the military. Of course at some point congress would just override him after the media roasts him for de-funding the military.

      Keep pretending that he's to blame for congress not going along with his idea to close Guantanamo. Maybe you can argue next that he can somehow force Congress to write legislation he wants. Because here in the real world without Congress going along with the idea Obama isn't going to do be able to do it, just like every single president before him.

    174. Re:Ellsberg got a fair trial by davydagger · · Score: 1

      >What if they believe their cause is just as good and justified and more important then adhering to any laws?

      I'd say its a false dichtomy and you know it. Its not about what they believe in either. Its about reality.

      The NSA was doing fucked up, unconstitutional shit.

      > Snowden actions far exceeded those of Ellsberg

      explain, because Ellsberg doesn't seem to think so.

    175. Re:Ellsberg got a fair trial by ihtoit · · Score: 1

      ...until the implementation of the US Constitution, the American legal system was in fact a clone of the English legal system (there is no such thing as a "British" legal system, the Scottish legal system is slightly different and the Irish legal system is based on a single written Constitution), itself based on the Code of Alfred 870 and Magna Carta 1297. The Constitution of the United Stated is loosely based on the 1689 Bill of Rights and the 1688 Constitution. These days the American legal system is further from that of England than it has ever been (in that laws can be nullified by a simple jury decision in the US, whereas in England Parliament is Sovereign, therefore nullification is only possible by using case law to set and follow precedents - most often based on technicalities - until such time as Parliament itself changes the Law. Notable exception being the Poll Tax riots which resulted in the Poll Tax being repealed as an emergency measure, them almost immediately replaced with a more personally costly and insidious Council Tax which would have covered water rates as well had not the (PUBLICLY OWNED) Water Authority been chunked and privatised.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    176. Re:Ellsberg got a fair trial by ihtoit · · Score: 1

      how many times? There is no such thing as "British" justice. There is a Court for England and Wales, and a SEPARATE legal system and jurisdiction for Scotland, and a CONSTITUTIONAL legal system and court for Ireland.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    177. Re:Ellsberg got a fair trial by Ash+Vince · · Score: 1

      "Often" is a relative term. In a country of 300 million people even 300 times is a 1 in a million chance.

      Moreover all evidence is from the Bush years. This means that one of two things has happened:

      1) Obama doesn't do this shit.

      2) Obama is way better at keeping this shit under wraps then Bush was.

      Even if true 1) doesn't necessarily mean Obama's a nice guy. He could simply have decided the risk of being caught, and pissing everyone off, out-weighed the benefits.

      My money is on 2 to be honest.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    178. Re:Ellsberg got a fair trial by Rich0 · · Score: 1

      They would have received the exact same treatment you advocate for Snowden - a trial of his peers under the justice system being run in the colonies at the time. The American justice system was irrelevant as there was no "legitimate" American government at the time.

      What you argue for is like some whackos out West wanting to be tried by their local militia and not by the US government when they violate firearms laws or whatever.

      Happy?

    179. Re:Ellsberg got a fair trial by Sedated2000 · · Score: 1

      Fair enough. I'm interested to hear about this "spy training" too.

    180. Re:Ellsberg got a fair trial by tlambert · · Score: 1

      Unlike you I'm not trying to be facetious.

      The Guantanamo restrictions have been attached to the defense funding bills (every single year) and have wide support in congress. You suggest he veto the defense spending bill and refuse to budge and in the process accomplishes nothing except de-funding the military.

      Yes. And say, specifically, why: "I'm trying to keep a promise I made to the American People".

      Then the congress can scramble to remove the item for the bill, or pass it over his veto by the required 2/3rds majority, or they look unpatriotic.

      There are two possible outcomes to this:

      (1) If they remove the item, he wins, and looks like a strong president, and a hero for keeping his promise, and congress gets to look patriotic, and the only people who lose are the ones who want to keep GITMO open.

      (2) If they pass it over his veto, he loses, and looks like a strong president, and a hero for trying to keep his promise, and congress looks like dicks who want to water-board everyone, only they haven't figured out how to do it in the U.S. legally (yet).

      In the first one, we get to close GITMO and put the issue to rest.

      In the second one, we have a president who now looks golden, his party looks golden by the reflected light, and the party not sitting in the reflected light looks like they are the ones who forced the passage, and the others only went along because defunding the DOD would be unpatriotic, and it was an emergency, so what could they do?

      So basically, GITMO gets closed, or the republicans lose the next presidential election, and if whoever wins it isn't a total screwup, they lose the one after that.

      It's elementary games theory.

      So the fact that he didn't veto the thing and force the scenario to play out means that he either doesn't want GITMO closed, he has higher (undisclosed) priorities than keeping his campaign promise (through two elections) to the American People, or they have him by the short an curlies for some as yet undisclosed wrongdoing, and are in a posture of mutually assured destruction.

      Again, it's elementary games theory.

      I believe the ball is in your court, now?

    181. Re:Ellsberg got a fair trial by hazeii · · Score: 1

      Eww....sweep it under the carpet, clean up the mess, move quietly on with the same old same old. A quiet burial, nothing to see here citizen, move along now, move along.

      --
      All your ghosts are just false positives.
    182. Re:Ellsberg got a fair trial by NicBenjamin · · Score: 1

      My money is on a combination of the two.

      A lot of the Bush renditions seemed to be mostly for show. Some low-level CIA guy decides his career needs a tough-on-terrorism stamp, finds a handy Muslim, and his boss approves because his career could use a boost too. You do enough of those, you need some place to stash people, which means you need black sites. And somebody's gonna wonder what these fucking black sites are, somebody else needs to guard the poor saps who got picked up, the USAF crew flying the damn plane know something's up, etc.

      Obama comes in, kills any rendition that isn't of somebody who is truly fucking scary, and now there simply aren't a lot of renditions for people to notice. Poland closes the black sites and nobody minds because we weren't using them anymore. the few that do happen are people whose relatives do not want to go on the BBC.

    183. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      It's about the gray area created when individuals or organizations honestly feel their actions are justified when they break the law. Where do you draw the line? In Snowdens case he has admitted freely that he broke quite a few laws but feels he was justified because he wanted people to know. He also stated he would not release anything that might put someone in danger or cause irreparable harm to the country but he has not adhered to that promise since day one. How does he know which information is safe to release and which information is not? That's arrogance on a grand scale that tarnishes anything positive he might have done. He is basically stating that he has studied and understands all the intricacies regarding foreign relations and the fall out of damaging those relations by releasing foreign intelligence information that has nothing to do with US citizens. If he had stuck to the domestic material he could have most likely walked away without jail time by making a deal with the government to return the information on foreign programs in exchange for walking away. The government would have jumped at that deal real quick. But while he may or may not want to hurt the government his inner circle of advisors want to hurt the country as bad as they can and as much as they can. The just letting the people know is not and has never been their primary goal.

    184. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      I believe everyone accused of a crime should be brought to trial and the trial should be fair. How is this not sinking in?

      It's not my fault you are choosing to read my posts as some kind of support of the NSA. Like I keep saying, I don't know who you think you're arguing with, but it's not me. Stop trying to make me a straw man.

    185. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      I don't disagree with him either. But the fact still remains, he's repeatedly and publicly admitted to the crime he's accused of. The crime may be telling the truth, but some truths are illegal to tell.

      If we as a society disagree with that law, we have various methods of recourse. But denying that Snowden broke the law is ridiculous.

    186. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      I don't expect to see any trials of any sort for anybody involved in this mess. This whole thing is hypothetical.

      I'd still like to see fair trials happen. Apparently this is a controversial view.

    187. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      Unfortunately people seem to be imagining my positions on other issues, rather than reading exactly what I said on this issue. I was specifically addressing the possibility of a trial for Snowden. I did not comment on other hypothetical trials because they were not mentioned in the Slashdot article I was commenting on. Staying on topic on a Slashdot story, crazy, I know. I'm a rebel.

      If Slashdot were to have a story tomorrow about a potential trial for Clapper, or anyone else you care to name, you would find I am in favor of fair trials for everyone who has committed crimes, not just Snowden.

      I am also aware that the system is not always fair. I addressed that point in my original post. Like I said, I want fair trials. I did not say I want unfair trials, or that I want a selective application of justice. Nothing I said is controversial unless people choose to imagine I'm saying things I'm not saying.

    188. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      The legal system does not use dictionary definitions, it uses legal definitions written in law. I have no idea why anyone modded you up for such nonsense.

    189. Re:Ellsberg got a fair trial by lsatenstein · · Score: 1

      Let's face it though. He is guilty. He admits what he's done. We can argue about what the law should be, but not what the law is. It's illegal to take classified documents like Snowden did, and start giving them away to everybody like Snowden did. His reasons for doing what he did are irrelevant as it pertains to his legal liability. The fact that he or even the public sees himself as a whistle blower over illegal actions by the government are irrelevant as they pertain to his legal liability.

      Of course, we do have jury nullification in the common law system. A jury could very well say, okay, well he did the crime, the evidence is overwhelming, but we're not going to say he's guilty because we don't agree with the law. That's quite possible. Sure, the prosecutor and judge will try to tell the jury that's not allowed, but it is, and it can happen. The jury system exists specifically so the people can check the government's power.

      This is all a separate matter from trial fairness, of course. If I was Snowden, I might not be so inclined to trust a US federal court with my fate. The judge might disallow evidence or testimony that would give Snowden and his lawyers a chance to argue however subtlety for jury nullification. The judge might not sustain valid objections from the defense. The judge could give a horribly unfair instruction. All kinds of things could happen. Considering the overwhelming political pressures that are sure to be placed on any kind of trial, Snowden might very well find himself screwed. He might also think it was all worth it anyway.

      Then of course we have the appeals system and of course the presidential pardon. Even if Snowden doesn't get a jury to nullify, that's hardly the end of it. He might get his case to the Supreme Court and have a fairer chance there. He might also have a groundswell of popular support that results in a pardon or at least a commutation of his sentence.

      Personally, I would like to see Snowden prosecuted for the crimes he's accused of and given a trial by his peers. I would very much like to see him get a fair trial, with all the evidence and arguments heard. The outcome of such a trial would be of great interest to me, as well as whatever happens afterwards. We would all learn something from it. It might suck for Snowden, but he thinks he's doing all of this to teach the American people about their government. The way his trial is conducted would certainly teach us all about our government.

      Did the documents become classified after they were taken? Nowhere did I read that they were classified at the time he made copies.

      --
      Leslie Satenstein Montreal Quebec Canada
    190. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      Perhaps you should read a little closer to my post, then. Here you go:

      I would very much like to see him get a fair trial, with all the evidence and arguments heard.

      So yes, I am coming out in favor of a fair trial for Snowden, and people calling me all sorts of names are arguing against a straw man. Please direct your anger elsewhere.

    191. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      That is not my position. My position is if you break the law and admit you broke the law it's pretty obvious you're guilty of breaking the law. I said nothing about anyone deserving to go to prison just because they're guilty. In fact I outlined several ways by which a lawbreaker might avoid prison should they avail themselves of the justice system. Sometimes the law is wrong or misapplied.

    192. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      If the purpose of civil disobedience is to bring about change, then committing a crime and then fleeing is not really accomplishing anything. It's just being a fugitive. Really it's cowardice.

      If Snowden truly believes in what he says he does, then he should have a little faith in the people he says he's trying to save. If he genuinely doesn't believe the American people will support him and bring about the change he wants to see (and ultimately freeing him), then why leak anything at all? He could have just shrugged and left the country. He already decided to be a martyr, he just chickened out after he got his leaks out and celebrity leakers started wanting to hang out with him.

    193. Re:Ellsberg got a fair trial by mrxak · · Score: 1

      My entire post is a hypothetical. I don't expect Snowden to ever go on trial, fair or not. But I would like to see it happen and I would like for that trial to be fair. I have the same wishes about everybody who has committed a crime.

      It's not my fault people have a hard time understanding pretty clear logical statements, and like to imagine other arguments I could be making but absolutely am not.

    194. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      He's a coward and he should martyr himself for his cause so that real change can happen. Nobody will listen to Snowden as long as he just stays in Russia, pretending it's a bastion of free and open society. Give me a break!

      Putting aside OP's hypotheticals about what might or might not happen, Snowden isn't even in the news where regular people are listening. Nobody cares about his message, and nothing is happening. At least if he turned himself in, people would know about it. Popular support could actually turn the tide against government overreach.

      Snowden is already a martyr. Russia is a shithole place to live. In time he and his cause will be forgotten and he'll still be stuck there. Even the celebrity leakers will stop giving him any attention and go back to self-promotion. Snowden's leaks are already out there, he doesn't need to keep hiding anymore because the government can't stop them. It's time to come back and face the music, build up popular support, and put his faith in the people he wants to save. Even if he does get an unfair trial, that'll open everyone's eyes.

    195. Re:Ellsberg got a fair trial by cavreader · · Score: 1

      The problem is that the NSA actions have not been officially ruled unconstitutional. The government has did a pretty good job covering their asses legally using laws enacted by Congress. One example would be Clapper's statement about not spying on US citizens. People say he should be charged with purgery but there are also laws about releasing classified information to the public and an open Senate hearing is pretty damn public. His case would also be bolstered by the legally binding confidentiality agreements and obligations he assumed when taking his position. People seem to think it is enough to just claim something is unconstitutional or illegal using only their opinions as the deciding factor. And those opinions are usually based on staggering hyperbole, exaggeration, weak moral relativism, lies of omission, and out right lies. Both sides of this argument do the same thing to prove they are right like it is some sort of game. It's become more about winning the argument then actually resolving the issue being argued over. And the information released by Ellsberg dealt with an entirely domestic matter. He also made a legitimate effort to get the information into public hands where as Snowden did not. And no, one vague e-mail with no follow-up response by Snowden is not a legitimate effort of trying to get the information through the proper channels.

    196. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      Let's face it though. He is guilty. He admits what he's done

      Are you talking about Clapper? If not, why not?

    197. Re:Ellsberg got a fair trial by Anonymous Coward · · Score: 0

      It'd be up to Snowden's defense to try to argue for jury nullification. They could very well prevail in court.

      You have no clue what you are talking about. The one thing nobody in a court is allowed to talk about is jury nullification. If you indicate as a jury member that you even know it exists, let alone that you consider it, you'll be excluded from jury duty.

      Jury nullification means that the jury sabotages the court process by making deliberately false finding of facts in order to reach their view of the correct penalty which is the task of the judge to set. The only reason there are no contempt of court charges for that are because the jury is serving as a duty, not as a party of the case.

      A lawyer "arguing for jury nullification" would get slapped with contempt of court charges and likely get sanctioned by his bar.

    198. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Are you arguing extraordinary rendition is not like kidnapping because kidnapping involves showing probable cause to a judge, grand jury hearings, etc.?

      Pete, is that you?

      Because if it's not one of the two, you have quite clearly misunderstood everything I said in that post.

      Your comparisons are insane? No, I got that just fine.

      "Stuck inside working from home today.
      Now I know how Anne Frank felt."

      "Someone stole a bag of potting soil from my carport today.
      This must be how the Native Americans felt when they lost their lands."

    199. Re:Ellsberg got a fair trial by anagama · · Score: 1

      the people have no say in the matter no matter what geek fantasy about jury nullification exists. The only people who have a say are our rulers.

      --
      What changed under Obama? Nothing Good
    200. Re:Ellsberg got a fair trial by anagama · · Score: 1

      None of your examples are anything more than lotto tickets, they aren't real options. What you are saying actually, is that people who break immoral laws should with 99.9999% certainty go to jail. That is the effect of your argument. This whole, "I think they don't deserve it, but they should go to jail to jail anyway" line is total bullshit. And that is exactly what happens under the reality of the American _legal_ system -- you are operating under the fantasy that an American _justice_ system exists. It doesn't. It's just lip service. The reality is that there is a two tier justice system, and because Snowden is neither a multimillionaire nor a member of the ruling class in good standing, he would be destroyed in court.

      --
      What changed under Obama? Nothing Good
    201. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Calling out other crimes does not justify the first crime.

      Feel free to explain why revealing crimes should be a crime. More to the point, how is a whisteblower supposed to to blow the whistle without violating rules on classified evidence? Don't bother point to inspector generals, the press, or Congress. Because it's been very, very well established that they are either co-opted, cowed, or kept out of the loop.

      What was Snowden supposed to do? Tell the NSA that the NSA was breaking the law? Tell a Senator that all these illegal programs that said Senator has voted for are illegal?

    202. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Clapper got a free pass because Congress held public hearings on top secret programs. He could not reveal the information, and he tried to be as honest as he could be.

      Shorter PIllow: we are a nation of the king's men, not a nation of laws. So it's fine and dandy if you violate the law, as long as you're doing it for the king.

    203. Re:Ellsberg got a fair trial by Uberbah · · Score: 2

      Your post is totally and completely irrelevant.

      What part of "you guys out yourselves by only caring about the laws violated by Snowden, but not ONE WORD for the lawbreaking revealed by Snowden" did you not understand?

      As I said to your fellow hypocritical authoritarian hack downthread, this is how a non-hack who actually gave a rat's ass about the law would approach the situation:

      "I want Snowden to stand trial, but thousands of officials from the NSA/CIA/Pentagon/State Department/White House better be in jail before him, since their crimes came first, are far more numerous, and far more severe."

      But this never was about the law for you authoritarians.

      This isn't about the content of the documents; it's about the fact that you cannot break the law to prove that someone else broke the law.

      It's about the fact that demonstrating mass lawbreaking from the surveillance state is impossible without violating laws on classified information.

      Congress is cowed and the Executive Branch is incapable of overseeing itself. The only way to the blow the whistle on official lawbreaking is for someone to give classified information to a reporter willing to report on the subject.

      And just how long have you opposed democracy, anyway? Democratic government works by the consent of the governed, and Americans never consented to mass surveillance that has nothing to do with "national security".

    204. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      In Snowden's case, this is completely hopeless. Everybody has their media-hammered opinion that he is guilty.

      In any case, those prosecuted under the Espionage Act aren't allowed to argue that their actions were justified. Even if someone who believed in jury nullification snuck into the jury pool, the other civil servants selected from Langley, Virginia would make sure the result was a mistrial, and they'd get him the second time.

    205. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Read through it again and find the public interest exemption that would allow a defendant to argue his actions were justified, or that he was being asked to follow illegal orders. Here, I'll save you the time: that section does not exist, which means Snowden would not be allowed to defend his actions.

    206. Re:Ellsberg got a fair trial by mlw4428 · · Score: 1

      Well he's already admitted fault...so in all aspects he is guilty.

    207. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Nah, they wanted him dead for the same reason they were happy Saddam was tried in Iraq: no awkward questions from the defense, as both Osama and Saddam were tools for the CIA at one time or another. As the terrorism of Al Qaeda is insignificant in scope next to the terrorism carried out by America's military forces, or by America's pets from Israel to Pinochet.

    208. Re:Ellsberg got a fair trial by mlw4428 · · Score: 1

      First of all I'm neither an authoritarian nor a hack. Name calling doesn't get you anywhere. Secondly I never said I agreed with the NSA's spying on American citizens, because I don't...but I'm also not one who says that it's acceptable to break a law to show another law has been broken. He didn't go through proper channels or even TRY to work within the system first. In fact he's recently came out and said he assumed a false identity and was trained to be a spy...this was never about him being a moral, upstanding, concerned citizen and I certainly wouldn't consider him morally superior to the NSA.

      Lastly America is not a democracy. You and I don't have to agree to anything the government does, in fact the entire populace doesn't have to agree. We're a Republic and your elected representative is the one who has to agree or disagree -- which they did. Many times.

      So before throwing out baseless insults and accusations you should take time to try and understand the situation in its entirety and not kneejerk into some reaction because "Gubmit bad, Snowden good".

    209. Re:Ellsberg got a fair trial by Uberbah · · Score: 1

      Canada by definition, and by virtue of being one of the five eyes, NSA.

      By definition, that's to spy on each other's citizenry to get around laws on domestic spying. Not to hand root access to Obama's Blackberry over to Canada's intelligence services.

    210. Re:Ellsberg got a fair trial by Uberbah · · Score: 2

      First of all I'm neither an authoritarian nor a hack. Name calling doesn't get you anywhere.

      It's not "name calling" when it's true, as it's completely impossible for anyone to make these arguments without being an authoritarian hack. It's as embarrassing as watching John Hagee whine that he's not bigoted towards Catholics, even as he's saying they follow the Whore of Babylon and are all going to hell. Case in point:

      Secondly I never said I agreed with the NSA's spying on American citizens, because I don't...but I'm also not one who says that it's acceptable to break a law to show another law has been broken.

      You keep saying that, but you keep not saying how everyone from Clapper to Obama - people who are not in foreign countries and we know exactly where they are - should be hauled into court for violating laws and the Constitution. Guess who does that? Authoritarian hacks. More problems your crowd is willfully avoiding:

      What about the Oath of Office, which required Snowden to defend the Constitution?

      What about the fact that it is illegal to follow an illegal order?

      He didn't go through proper channels or even TRY to work within the system first.

      First problem: the "proper channels" are utterly broken. You're going to tell the NSA that the NSA is breaking the law? You're going to tell the Senate that the illegal programs the Senate has been funding are....illegal? You're going to tell the New York Times that sat on the first warrantless wiretapping story to protect the illegal action of the government that there's more illegality to be reported on? How much time did you guys spend on this talking point anyway, before signing off on it for mass production?

      Second problem: Snowden, as Manning before him, did try and go through your "proper channels", and it didn't work.

      Today's release is incomplete, and does not include my correspondence with the Signals Intelligence Directorate's Office of Compliance, which believed that a classified executive order could take precedence over an act of Congress, contradicting what was just published. It also did not include concerns about how indefensible collection activities - such as breaking into the back-haul communications of major US internet companies - are sometimes concealed under E.O. 12333 to avoid Congressional reporting requirements and regulations.

      So, if you're not an authoritarian hack, what is an ethical person supposed to do when confronted with mass illegal government activity that the government refuses to do anything about?

      Lastly America is not a democracy.

      Not the "we're a Republic not a Democracy" zombie again. If you think there's a contradiction in terms, you don't understand either one. We are a Democratic Republic.

    211. Re:Ellsberg got a fair trial by Man+On+Pink+Corner · · Score: 1

      Geez, a guy can't come out in favor of fair trials without getting called an authoritarian. Who knew?

      OK, how about "concern troll?" Does that fit any better than "authoritarian?"

      As has been pointed out numerous times, the days when someone in Snowden's position could get any semblance of a fair trial are long gone.

    212. Re:Ellsberg got a fair trial by HuguesT · · Score: 1

      It is because it is a more complex issue that first thought.

  2. Come on home Ed! by Vinegar+Joe · · Score: 5, Funny

    Unlike evil Tricky Dick Nixon, President Obama is a constitutional scholar. You have nothing to fear.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:Come on home Ed! by Bing+Tsher+E · · Score: 1

      He was an Assistant Professor, right? Not even an Associate. Or was he just a Constitutional Law Lecturer? Are there any interesting peer-reviewed articles on Constitutional Law he wrote that we can read?

    2. Re:Come on home Ed! by Anonymous Coward · · Score: 3, Informative

      He was a visiting lecturer, who only had one lecture - on the subject of Civil Rights. Hardly what one could call a "constitutional scholar".

    3. Re:Come on home Ed! by Anonymous Coward · · Score: 0

      He snuck into one class on contract law, but was thrown out when they caught him taking notes for his frat brothers.

    4. Re:Come on home Ed! by Anonymous Coward · · Score: 0

      Ellsberg would still be in prison over the pentagon papers if his case hadn't been thrown out because of Nixons dirty tricks.

  3. prosecutions are done on law in place at the time by swschrad · · Score: 2

    which further reduces the changes of Snowden having any chance at a life, or a glimpse of sunlight. IMPHO he can only come home after being granted a full and unconditional pardon. try that in the face of spy bureaucracy in full sway.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  4. Obama, Kerry, et al. by oldhack · · Score: 1, Insightful

    All traitors.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:Obama, Kerry, et al. by GodfatherofSoul · · Score: 2

      Yeah, the administration is full of traitors and not the guy who leaked information on US spying operations abroad.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    2. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 3, Insightful

      Traitors? They're terrorists. They use terror, violence & intimidation as political weapons.

    3. Re:Obama, Kerry, et al. by Maxo-Texas · · Score: 4, Insightful

      I hate to use FTFY...

      So I won't.

      But the administration (who I voted for and otherwise support) and the NSA are full of people who were conducing what should be illegal and probably are unconstitutional US spying operations IN THE UNITED STATES.

      The sad thing is- Snowden's actions will probably hurt us abroad and not do a thing to stop the fascist and creepy internal spying on U.S. citizens.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    4. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 1, Interesting

      They were (and still are) spying on their own people, the forces they command murdered innocent people abroad and they subverted the course of justice to murder their own people. Now perhaps this did lead to fewer deaths of American people on US soil and for that you feel the end justifies the means however that doesn't mean they are any less traitorous - both to their countrymen and to humanity.

    5. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 0

      Abroad? What about the spying done at home against citizens without so much as the benefit of probable cause?
       
      I'm not saying Snowden is innocent but you just tried to pull a real shitty maneuver by misdirecting the question to other people. Nixon did much less and was practically lynched for it and fucktards like you make the continuing abuse of this and the last administration go by unpunished. You're a fucking traitor too.

    6. Re:Obama, Kerry, et al. by Travis+Mansbridge · · Score: 1

      Well, let's see... whose actions better reflect the will of the American people for more transparency regarding what could easily be considered unconstitutional spying?

    7. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 0

      Yeah, you really sound like a guy who respects the law. You're pretty much more Catholic than the goddamn Pope, aren't you.

      GTFO my country, asshole.

    8. Re:Obama, Kerry, et al. by meglon · · Score: 0, Troll

      ...and you use... stupidity. Got it. One of the biggest problems in this country are people like you and Oldhack who are too fucking stupid to learn what words mean before they use them.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    9. Re:Obama, Kerry, et al. by meglon · · Score: 1

      Which simply shows you are too fucking stupid to know what a word means before using it. I suppose your one of these idiots that think these radical conservatives who denounce the US, talk secession, and want to use arms to confront the US are patriots too... instead of the seditious insurgents they actually are.

      Grow a brain, then use it.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    10. Re:Obama, Kerry, et al. by Boronx · · Score: 2

      Snowden has already helped. All of the fascists who think the spying is ok and that Snowden should be hanged used to be telling us there was no way the NSA spying could be as bad as we thought.

    11. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 0

      I think the GP's point was that the American people are so apathetic that even if it were revealed that Congress and the President were engaged in gross debauchery with children--not just their civilian mercenaries engaging in such acts--, the American people wouldn't do fuck all about it yet since other people in the world actually care, it'd hurt the perception of America and their eyes and infinitesimally make them more willing to aid some enemy of the US.

      That's, basically, what I gather on how people begin to justify how Snowden is evil or guilty or something.

    12. Re:Obama, Kerry, et al. by Vellmont · · Score: 1


      The sad thing is- Snowden's actions will probably hurt us abroad and not do a thing to stop the fascist and creepy internal spying on U.S. citizens.

      You might be right. But the thing about Snowden's actions are that it put the burden on the American people, and the government to do something. If they don't, so be it, but he's giving us the chance to. If he didn't, most Americans would still be living in silent bliss about the spying going on.

      Now, as far as who hurt who, I'd say the US government is FAR more responsible for hurting it's own relationships by doing the spying in the first place.

          It's sort of like cheating on your wife, then getting mad at a mutual friend when the mutual friend tells your wife. Then end of your marriage isn't really the fault of your friend, and it's not your friends problem if you don't learn anything from it and become a better person.

      --
      AccountKiller
    13. Re:Obama, Kerry, et al. by aristotle-dude · · Score: 1

      Yeah, the administration is full of traitors and not the guy who leaked information on US spying operations abroad.

      Right, because the current administration never leaked information on US spying operations abroad. Nope. http://www.pbs.org/newshour/ru...

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    14. Re:Obama, Kerry, et al. by Maxo-Texas · · Score: 1

      To be fair...

      It's more like you are cheating on your wife.
      And your wife is cheating on you.
      And your best friend is cheating with and on both of you.
      And your parents are cheating on each other.

      And snowden reveals that you are cheating.

      And everyone else is outraged that you are cheating and uses it to gain an advantage over you.

      Every country engages in espionage and breaks the law if it thinks it is justified / or even unjustified but certain it can get away with it.

      Isreal spies on the U.S. and Germany spies on France and China spies on Russia.

      It's just like fight club.. that's all.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    15. Re:Obama, Kerry, et al. by meglon · · Score: 1

      And more censorship by the radical conservative trolls who put ideology before anything else. My comment stands as accurate, the two thread in the chain are nothing more than ideologues who are too fucking stupid to understand what the words they're using mean, but as long as they can spout complete fucking bullshit that the conservative trolls agree with, they're defended.

      This IS the problem in this country.. stupid fucking idiots, not only like Oldhack and the coward... but the wanna be censors who also don't know what words fucking mean. You wonder why people think conservatives are stupid? This is exactly why.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    16. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 0

      The sad thing is- Snowden's actions will probably hurt us abroad and not do a thing to stop the fascist and creepy internal spying on U.S. citizens.

      Snowden has stated himself that his actions did nothing to stop the fascist and creepy internal spying on U.S. citizens. The only persons who can stop the fastisc and creepy internal spying on U.S. citizens are the U.S. citizens. But in order to do that, they first needed to know that it was going on.

      And Snowden gave them that information. He passed the baton to the lazy TV-addled disinterested U.S. citizen. This will very likely achieve nothing, but then it will very truly be the U.S. citizens' own responsibility rather than something they were subjected to while keeping them in the dark.

      It's fun painting this as a fight Snowden against U.S. administration, but he passed the buck. The fight is U.S. citizens against U.S. administration, and the U.S. citizens do not realize that they have the baton in hand and that the loser will get castrated.

    17. Re:Obama, Kerry, et al. by cascadingstylesheet · · Score: 1

      But the administration (who I voted for and otherwise support) and the NSA are full of people who were conducing what should be illegal and probably are unconstitutional US spying operations IN THE UNITED STATES.

      Yeah, have you given some thought to that? This NSA you've been ranting about has been Obama's NSA for over half a decade. He's in charge. He's responsible.

    18. Re:Obama, Kerry, et al. by Anonymous Coward · · Score: 0

      > Every country engages in espionage and breaks the law if it thinks it is justified

      But not everyone hosts orgies in the attic, sharing the love with other intelligence agencies to collect data they can't legally collect. And not everyone is engaging in this kind of wholesale secretive camera planting in everyone's bedrooms and butthole tracking smartcams in the toilets of their family, their neighbors, and even the cat's litterbox.

    19. Re:Obama, Kerry, et al. by Maxo-Texas · · Score: 1

      I'm sorry... I should have said

      "But the administration (who I voted for and otherwise support) " to make it clear I was talking about Obama.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    20. Re:Obama, Kerry, et al. by Vellmont · · Score: 1

      Umm.. no. It's no surprise to everyone that countries spy on one another. It's a big surprise to most that the US government is spying on everyone in the world, including its citizens.

      In this case the wife is played by the American people, Not Russia.

      --
      AccountKiller
  5. Not today though - America has no honour left by Anonymous Coward · · Score: 1

    That was back in the days when honour still meant something in America.

    Nowadays your military and intelligence services use the word "honour" as a get out of jail free card while murdering innocents and have no idea what that word really means.

    1. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0

      That was back in the days when honour still meant something in America.

      You don't know U.S. history very well, do you? What about the Gulf of Tonkin Incident, the Spanish-American War, and the forced relocation of Native American tribes?

      The truth is every government has blood on its hands; some just have a lot more than the U.S.

    2. Re:Not today though - America has no honour left by Microsift · · Score: 1, Insightful

      Here's where Snowden crossed the line from whistle blower to traitor. When he allegedly revealed that we had tapped German Chancellor Angela Merkel's phone. This was a legitimate piece of spycraft that he revealed to our enemies and allies. Now you may say, should we be spying on Germany? Well, you'd be naive if you believed the German's weren't spying on us in some fashion.

      I'm not convinced the NSA is collecting more information about me than Google is, or whoever puts the ads for stuff I look at in Amazon on other web pages.

      --
      My other sig is extremely clever...
    3. Re:Not today though - America has no honour left by mrxak · · Score: 1

      I agree that crossed a line. I'm not sure the line was that of treason or not, but it certainly went against his purported claims of doing this to reveal government wrongdoing against American citizens.

      Spy agencies spy on other countries. That's what they're supposed to do. Everyone spies on everybody else, friend or ally. If you disagree or find that surprising you're a naive idealist.

      But mass warrantless surveillance of American citizens is not cool, and we need to know about that.

    4. Re:Not today though - America has no honour left by DexterIsADog · · Score: 4, Insightful

      Now you may say, should we be spying on Germany? Well, you'd be naive if you believed the German's weren't spying on us in some fashion

      Is that really all you have? That we should do it to them, because (you believe) they're doing it to us? That leads you directly to, "well we should be torturing their soldiers for information, because after all, you'd be naïve to think they don't torture ours".

    5. Re:Not today though - America has no honour left by colinrichardday · · Score: 1

      I'd prefer that American soldiers and spies misuse the word "honor".

    6. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0, Insightful

      Another issue is that it was said that he revealed names of other operatives.

      Do you know what happens to intelligence operatives in another country (potentially hostile) and their cover gets blown, especially if they are in an intelligence department?

      They disappear. Their families disappear. Their friends may vanish. They are then either held in hellholes until there is a prisoner exchange, or are subject to torture techniques that make the Spanish Inquisition look like amateur night (hint: we have drugs and electricity now, and the ability to revive someone if their heart stops from the stress.) They are tortured for both info, as well as tortured for just the pleasure of it (foreign agents tend to be the lowest of the low of any society.)

      So, Snowden's reveals have killed people. Who knows how many, but he has caused quite a number of deaths of Americans, Brits, people in countries friendly to the US... and even worse, their families, and possibly friends. Anyone who has had any contact with those people that Snowden revealed will likely be suspected as future spies.

      There are also counter-intelligence issues. China and Russia as just as brutal and invasive as the NSA. Except they will use that info swiftly and brutally.

    7. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 5, Insightful

      Why did it cross the line?

      We're told that we need to spend hundreds of billions of dollars, and suspend aspects of our Constitutional law, in order to stop terrorism. Then we find out that some this stuff we bought and paid for is being used to tap the Chancellor's cellphone one of the most prosperous, stable, and democratic allies in the world. How is that not relevant?

      It goes directly to the motive and function of our surveillance network. We're told the NSA needs to tap domestic phone lines to catch foreign terrorists. Do they mean foreign terrorists like Chancellor Merkel?

      Heck, supposedly Obama said that he didn't know about it. If we take his word at face value, is it not relevant that the intelligence regime has grown so out of proportion that it's doing things that even the president would abhor?

      And we should take these things at face value. Otherwise we're liable to fall prey to our romantic Cold War notions about the honor and peril involved in international espionage.

      Let's be clear: the bulk of the current intelligence regime is not a successor to the heroes of WWII and Cold War intelligence. The current regime is what you get when you ask Google and Facebook how to go about fighting terrorism.

      Step 1: Spy on everybody
      Step 2: ????
      Step 3: Profit

      The thing is, mass surveillance works for Google and Facebook because they profit off of each individual, and off of each banal web page we visit. The equation wrt to terrorism is completely different. There's no logic--only idiotic presumptions--that spying on everybody will allow us to thwart the random and exceedingly rare actions of a small cadre of loosely networked individuals around the globe.

    8. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 4, Insightful

      Another issue is that it was said that he revealed names of other operatives.

      Care to point out to one particular case where an agent name was revealed by Snowden?

    9. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 1

      You don't know anything about how spying actually works in the real world and instead substitute it for the propaganda your government feeds you, huh?

      The truth is, the spies, not just of the US but countries around the world, work in embassies. If they get found out, they don't disappear. They just get a slap on the wrist and sent back to their homeland to be replaced (diplomatic immunity and such). That's the truth. You should do some actual research on it.

    10. Re:Not today though - America has no honour left by LordLimecat · · Score: 1

      Is that really all you have? That we should do it to them, because (you believe) they're doing it to us?

      Do you actually understand what it is that the CIA does? Because it sounds like you're arguing that we should have a foreign intelligence branch.

    11. Re:Not today though - America has no honour left by James+McGuigan · · Score: 1

      The unwritten understanding of the intelligence community is that everybody is spying on everybody else, yet nobody will actually admit to doing it.

      The revelations about Angela Merkel's phone resulted in a bit of diplomatic banter and point scoring, plus a few blushed faces, but the Germans too would have been naive to believe the US wasn't trying to spy on them. Though the Germans may have been a little surprised at how good the US was at spying. However this hasn't changed the underlying alliance and trade relations between the US and the EU. A major PR flap, but no harm done.

      Even if we consider enemies such as Osama Bin Laden, before the Snowdon revelations. Al-Qaeda seemed to have an understanding that the US had secret backdoor access to much of the modern digital infrastructure, even if they didn't understand the technical details. Their counter strategy was to organize themselves using pre-digitial methods, using secret face-to-face meetings and hand couriered letters.

    12. Re:Not today though - America has no honour left by IamTheRealMike · · Score: 4, Insightful

      Well, you'd be naive if you believed the German's weren't spying on us in some fashion.

      Given that the US Gov is collectively shitting bricks over China allegedly spying on America and is busy indicting Chinese government employees, actually you'd be naive to believe Germany is doing anything like what the NSA has been doing. Do you think if Germany had managed to tap Obama and was busy following his phone around, taping his conversations with his generals etc America would just blow it off and say "oh no problem, we knew you were doing that and we're cool with it"? Of course not.

      Goddamn yanks. That's the whole problem with America summed up right there - the division of the world into only two categories, domestic and foreign, patriot and traitor. As if other countries and other people don't even exist. Then you wonder why a whopping 70% of under 30 in Europe want to give Snowden asylum i.e. they would jump at the chance to massively piss off the USA and cause a diplomatic crisis. That's what they think of America.

      I'm not convinced the NSA is collecting more information about me than Google is

      Then you haven't been paying attention. The NSA has been collecting everything from Google via fibre taps, and lots more in addition. So by definition they are collecting more.

    13. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0
      Revealing that we're spying on a supposed ally is not treason. Treason is very clearly defined in Article III Section 3 of the United States Constitution (emphasis mine) .

      Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

      Blowing the whistle on tapping Merkel's phone is not levying war agains the United States. Nor is it providing aid and comfort to an enemy. Just who IS the enemy in this case? Germany? The American people? If that's true, then we have much, MUCH bigger problems than Snowden.

    14. Re:Not today though - America has no honour left by sillybilly · · Score: 2

      "have no idea what that word really means"

      According to existentialism, all ethics is relative. Humans are ethical beings, just like some social bugs, like ants, bees or mammals like dogs, and we have a choice in how we want to live, what the best ethical system suits our needs as a whole. There is no inherently right or wrong in the world, but there is a "We don't wanna live that way, with those ethics" choice. It's like saying we don't want to play baseball by those rules, as there is no inherent right or wrong way to play baseball, or any game, they are made up things, made up games, but once you have rules, and everyone agrees on them, the umpires try to enforce them. You can't just play baseball without rules.

      You're right though, a whole lot of macho people end up in the military thinking they are so awesome, with super cool weapons they can take any "enemy" down. Some of them though truly believe they are doing an honorable thing by serving their country and their people when they follow their commander's orders, and if there is something wrong with those orders, it trickles down from the top, and the ones at the very top should be blamed, not the "honorable" soldiers faithfully executing them down the ranks. After all you can't have a reliable military where each soldier debates with himself whether he should execute an order or not, and constantly object to having to shoot and kill. According to existentialism though, you still cannot avoid personal responsibility when you follow such orders, as yes, you should always debate and object if you have to to any order given to you. Especially when it comes to killing innocent enemy civilian lives. I for one would have refused to execute Richard the Lionheart's order to execute the civil population of Tyre during the Crusade, just so he eliminates the threat of rebellion once he moves on with his units toward Jerusalem. Something is wrong with butchering nonarmed, nonresisting enemy civilians, you could almost consider POW's, though during WW2 allied bombing of civilian ammunition and weapons or automotive factories or even just residential cities was considered normal, especially in response to axis submarine attacks of unarmed civilian merchant ships. Who started it first, it's like the chicken and egg problem, whoever started it the other continued. And yes, this shows there is such a thing as attacking unarmed civilian enemy population being considered normal during a war. Are you not gonna attack an enemy munitions factory, or a bridge, to disrupt their ability to fight, and only shoot at fully armed, resisting military units, unless they wave a white flag and become nonresisting POW's? It's complicated, especially with nonuniformed espionage, and terrorism, it's hard to identify who's a combatant and who's not.

    15. Re:Not today though - America has no honour left by Microsift · · Score: 1

      Technically, I said he was a traitor, but your point is taken.

      --
      My other sig is extremely clever...
    16. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0

      Perhaps those writing the articles based on Snowden's material do not consider non-Americans for sub-human? One of the journalists is in fact from a country that found out how badly things can go when you start thinking of your patriotic citizens as Ãfoebermenschen.

    17. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0

      Do you actually understand what it is that the CIA does?

      None of us can possibly know what they do since it isn't public.

    18. Re:Not today though - America has no honour left by aaaaaaargh! · · Score: 1

      Snowden did not release these documents, he doesn't cherry pick what things is worthy for the US public to know. He handed the documents over to journalists a long time ago and left it entirely up to them which of them to release. The only thing he decided for himself was to make sure that no personal information (about field agents, colleagues, etc.) gets leaked, and he did so by not grabbing these kind of documents.

      It seems to me that you have never watched a Snowden interview or chose to ignore the reasons he gives why he did what he thought he had to do. The NSA's and GHCHQ's mass surveillance is so pervasive that it seriously endangers society in the long run. The same could probably be said about other agencies, but he happened to be a contractor for the NSA and stumbled across *their* problem. Apart from the fact that it is completely obvious that the NSA is collecting more information than Google, because they have access to Google like everybody else, we already know fairly well which information Google is collecting but did not know how and still don't know sufficiently well how much the NSA is collecting. Snowden has made it clear that he wanted to start a public debate about the relation of this pervasive data collection to the US constitution. He's not against the work of the NSA. (On a side note, it is also not such a bad idea to think about whether it is a good idea that private companies can collect so much data about us, isn't it? If Google offered a special paid data information service, say, for politicians to provide them with extra information on the private surfing habits of their political adversaries, would you agree with that?)

      You might disagree with his assessment of the situation, of course, but do not forget that this is not a matter of mere personal or political opinion just because it concerns our future. Whether is assessment is right or wrong hinges mostly on factual matters. And then there is also the question of what you would have done if you had come to the same conclusion as he, and for which motives you would have acted. Some people trust in authority and chain of command more than others - a standard defense in the military although I don't want to invoke 'Godwin's Law' here. Others give more weight to acting according to what they have come to believe after they have carefully studied the evidence.

    19. Re:Not today though - America has no honour left by stealth_finger · · Score: 1

      They are tortured for both info, as well as tortured for just the pleasure of it (foreign agents tend to be the lowest of the low of any society.)

      Of course, domestic agents are so much more refined than those horrible foreign ones.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    20. Re:Not today though - America has no honour left by Anonymous Coward · · Score: 0

      Here's where Snowden crossed the line from whistle blower to traitor. When he allegedly revealed that we had tapped German Chancellor Angela Merkel's phone.

      So given that everybody knows that, his "revelation" of it did zero actual damage, except cause a bit of embarrassment for a day or so. The Germans know the US spy on them, the US know the Germans spy on them (and so on for every other pair of significant nations). Stating that they did so by tapping a phone isn't much worse, because given everyone spies on everyone else tapping a phone is a bloody obvious way of doing it. The absolute worst it did was mean that the Germans had to look affronted for a few days and the USians had to look a bit embarrassed. But it was all for the cameras; everyone knows what goes on.

      Still don't see him as a traitor.

    21. Re:Not today though - America has no honour left by king+neckbeard · · Score: 1
      Two wrongs don't make a right, and 'in some fashion' is not necessarily the same as spying on the Chancellor.

      I'm not convinced the NSA is collecting more information about me than Google is, or whoever puts the ads for stuff I look at in Amazon on other web pages./blockquote. Perhaps you should stay abreast of the news better. The NSA is collecting more information than they have the capacity to hold.

      --
      This is my signature. There are many like it, but this one is mine.
    22. Re:Not today though - America has no honour left by rahvin112 · · Score: 1

      One of the "Snowden" revelations was how many spying devices the NSA has managed to plant into the Chinese military, including schematics and descriptions of most of the devices.

      Justify that revelation.

    23. Re:Not today though - America has no honour left by Shaiken · · Score: 2

      Where has he done this?

    24. Re:Not today though - America has no honour left by Sciath · · Score: 1

      Justification: knowledge. The very dissemination of such information puts everyone on notice (even the world's "free people") that they are subject to potential surveillance. Even without due process. In other words wake up and CYA and personal privacy.

      --
      "Those who can make you believe absurdities can make you commit atrocities." - Voltaire
    25. Re:Not today though - America has no honour left by Sciath · · Score: 1

      Hearsay. I've not seen or read one instance in which Snowden is claimed to have revealed covert operatives names, etc. Other than what government sycophants have alluded to. No legitimate news agency has made such specific assertions.

      --
      "Those who can make you believe absurdities can make you commit atrocities." - Voltaire
    26. Re:Not today though - America has no honour left by rahvin112 · · Score: 1

      It's called google. You go there and type in search terms. Alternatively you could pay attention to real news sites that frequently report these revelations in all their details and then remember them so that later you don't post to slashdot asking people to google something for you.

      http://www.theregister.co.uk/2...

      The NSA has compromised almost 100,000 computers around the world in its quest to get its tentacles into air-gapped computers operated by adversaries such as the Chinese Army.

      The revelation was made by the New York Times in a report published on Tuesday based on documents released by Edward Snowden.

      Hurry, deny it happened.

    27. Re:Not today though - America has no honour left by rahvin112 · · Score: 1

      The revelation about spying on the Chinese military does no such thing. It does cripple the defense of the US from a serious and capable future potential adversary.

    28. Re:Not today though - America has no honour left by BoberFett · · Score: 1

      Goddamn yanks is a bit harsh. If you hadn't noticed, a lot of us are fed up with our government as well. It's just hard to clean up, what with all the Hope and Change dirtying up the place...

    29. Re:Not today though - America has no honour left by DexterIsADog · · Score: 1

      If you don't understand my pointing out the circular logic of the gp, then I don't have any more time for you.

  6. sNOwden by Anonymous Coward · · Score: 0

    Come on back

  7. it's about having embarrassed the ruling class by Anonymous Coward · · Score: 2, Interesting

    You point out widespread malfeasance among the ruling class, and you will be made an example of.

    Until the American public stands up and demands that the people responsible for turning the USA into a surveillance state ALSO see their day in court, there can be no fairness. That needs to happen not for some low level NSA guy made to take a fall, but to the very top, up to and including the current and former POTUSes.

    Our society was built around not having a "ruling class" except from the law, and a "ruled class" against whom the law is used. We need to return to this. Alas, that won't happen if the American public continues to care more about Kim Kardashian than the freedom of their society.

    1. Re:it's about having embarrassed the ruling class by log0n · · Score: 3, Interesting

      "Until the American public stands up and demands"

      I see this partial slogan bandied about all the time, that we only have ourselves to blame. How the fuck exactly do we stand up and demand? Most of us do already .. voting doesn't fix things. Peaceful protest doesn't fix things. Hell, the only real power we do have is w/ $, and that doesn't fix things. Snowden has done what few of us are capable of, mainly because we're peons, and it's still not fixing things.

      "Until the American public stands up and demands" means the only real way things will happen will be through violence.

    2. Re:it's about having embarrassed the ruling class by Anonymous Coward · · Score: 0

      "Until the American public stands up and demands" means the only real way things will happen will be through violence.

      Well, if you think that is the only solution then you are in a position where you either have to use violence or have to give up your privacy/right to free communication.

      I think that you already are in a position where trying to organize a violent action against the government will get you shut down and accused of terrorism long before you become a threat so I guess your only option is to give up and live in a police state.

    3. Re:it's about having embarrassed the ruling class by Anonymous Coward · · Score: 0

      "Until the American public stands up and demands"

      I see this partial slogan bandied about all the time, that we only have ourselves to blame. How the fuck exactly do we stand up and demand? Most of us do already .. voting doesn't fix things.

      Call your representatives and demand that they do their job, properly. Tell them in no uncertain terms that your vote depends on it.

      Don't make your vote a blank cheque. Tell them what they get your vote for, and what not. Check the agendas of all congressional candidates in your vicinity. If you find one representing your interests, help with the campaign. If you don't, pester the candidates that are there. If that doesn't help, become a candidate yourself.

    4. Re:it's about having embarrassed the ruling class by Sciath · · Score: 1

      In general, I'd agree, at least loosely. I'd qualify your assertion that it doesn't really require (mass) violence. There have been countless mass protests that achieved their goal (even if just in part) by virtue of their shear size, public appeal, etc. The problem in modern America is that the generation most capable of organizing mass protests, ideological movements, etc. are to preoccupied with their personal social lives, techno-mania, competing in a shrinking job market, chronic ambivalence, fear, and just plain laziness of intellect to mount sufficient motivation to address many of the evils present today. Nearly every 18 - 35 year old I've met, when asked about "doing something about this fucked up country, righting some of the wrongs" have responded "what for? It's an impossible task." So no one even tries. That's one reason voter turn-out is so low. Who gives a shit anymore? Every man for himself. And one other thing, America has become so culturally diverse and ethnocentric, common interests and values no longer apply. Look at the fact that there are modern states (mostly southern) who have suggested secession from the union. America is a divided country. So who's going to expend much effort to fix it? Not many. Ergo, nothing changes.

      --
      "Those who can make you believe absurdities can make you commit atrocities." - Voltaire
    5. Re:it's about having embarrassed the ruling class by Anonymous Coward · · Score: 0

      We stand up and demand by lining a few heads on pikes outside the congressional offices.

  8. Re:Ellsberg forgets a couple of things by Anonymous Coward · · Score: 5, Insightful

    First, Snowden took more than just the documents that have been published by the Guardian, this was confirmed by the Guardian in the first days of the leaks. Snowden asked them "to use their judgement and not publish anything 'seriously damaging'", which means there is more than just what the public has been made aware of.

    Which is not relevant, you dont even know what the unpublished documents are or whether they have any bearing on anything whatsoever.

    Second, it is almost certain that ALL of that information was given over to the governments of the countries he traveled to.
    So the Espionage Act CAN be applied quite easily to Snowden for any classified information given to foreign governments that was not also part of the information leaked to the media.

    And thankfully "almost certain" is a meaningless term that you use because you want it to be true to support your point of view but you have no proof, you then use this baseless assertion to attempt to justify application of the Espionage Act.

  9. Re:Ellsberg forgets a couple of things by Anonymous Coward · · Score: 2, Informative

    "Second, it is almost certain that ALL of that information was given over to the governments of the countries he traveled to.
    So the Espionage Act CAN be applied quite easily to Snowden for any classified information given to foreign governments that was not also part of the information leaked to the media"

    There is absolutly no evidence of this supposition at all.

  10. Re:Snowden broke the law; so "fair" is moot by Anonymous Coward · · Score: 1

    If that's true at all, he broke the law in the same sense that a person jaywalking to inform the police officer on the other side of the street of an impending murder broke the law. The jaywalking is insignificant in comparison to the prevention of the murder.

    At least that order of magnitude exists here between what Snowden did, and what he acted to prevent.

  11. Re:For the last time, he is no hero by king+neckbeard · · Score: 3, Informative

    There are processes in place to deal with law violations committed under the veil of state secrecy

    And we also know that those processes don't work, and that going through those processes poses a decent risk of termination or at least crippling your career advancement.

    Snowden did not lift a finger for even a moment to follow those processes, electing instead to break the law himself and go straight to the public.

    Except we have claims that he actually did go through a lot of those processes without success.

    The right to free speech does not include treason, which Snowden is guilty of, without a doubt.

    Treason is giving nuclear secrets to the USSR during the Cold War, not making the NSA look like assholes.

    --
    This is my signature. There are many like it, but this one is mine.
  12. Re:Snowden broke the law; so "fair" is moot by GodfatherofSoul · · Score: 0

    I don't know why you dumb down the whole story to "OMG he leaked gud stuff!" Did you read my post? My point is (using your analogy) he exceeded simple jaywalking to report a crime. He picked the locks on random cars on the way in and reported the contents of gloveboxes. He broke into the cop's patrol car and broadcast the officer's notes on an ongoing investigation.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  13. Re:Snowden broke the law; so "fair" is moot by Nyder · · Score: 1

    However you feel about Snowden this isn't debatable. And, he's basically pissed away the whistleblower defense by breaking the leaker's code (make all your evidence publicly available to all members of the media, discriminating in what information you leak to focus on wrongdoing by your government, and attempting to reduce "harm"). So, regardless of fairness he'd be accepting the reality of a long jail term if he comes back to the US.

    That isn't what happened. And so what if it did? How we feel about Snowden is debatable, you just want us to think it's not. I don't accept your reality because it's flawed.

    --
    Be seeing you...
  14. RE: Traitor by scotts13 · · Score: 5, Insightful

    If Mr. Snowden is a traitor, we need to fix the laws until he ISN'T a traitor. He performed a valuable service to the citizens of this republic, and to the citizens of many other nations around the world.

  15. Re:Ellsberg forgets a couple of things by fustakrakich · · Score: 2

    Snowden is no patriot.

    If the revelations were to cause a significant turnover in congress (like 100%) and the executive, I would consider him one of the greatest patriots of our times. If not, well, at least he tried. At least that's what I like to think. Even the release of the Pentagon Papers had no effect on the elections at all. Switching back and forth between democrats and republicans does not count. Putting Nixon out to pasture did no harm to the party whatsoever. It is still business as usual.

    --
    “He’s not deformed, he’s just drunk!”
  16. Re:For the last time, he is no hero by meerling · · Score: 2

    Reporting, revealing, and refusing to take part in criminal activity is non-treasonous, lawful, and required by the military. I have no idea if the FBI or other TLAs (three letter acronyms/agencies) have that clause, but I wouldn't be surprised.

  17. Re: Traitor by Anonymous Coward · · Score: 0

    You are clearly either an idiot or a shill.

  18. Re:For the last time, he is no hero by Concerned+Onlooker · · Score: 5, Insightful

    "There are processes in place to deal with law violations committed under the veil of state secrecy. Snowden did not lift a finger for even a moment to follow those processes, electing instead to break the law himself and go straight to the public."

    If that was even true he would have had good reason to do that. Two of his predecessors had their lives completely ruined after they tried to follow process.

    One of my favorite lines (gleaned from a post here as a matter of fact) is, do you really expect to win a rigged game by playing by the rules?

    --
    http://www.rootstrikers.org/
  19. Re:Ellsberg forgets a couple of things by TapeCutter · · Score: 1

    it is almost certain that ALL of that information was given over to the governments of the countries he traveled to

    If Snowden is every standing before a jury I hope they have a better grasp of "reasonable doubt".

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  20. Re:Snowden broke the law; so "fair" is moot by Anonymous Coward · · Score: 0

    However you feel about Snowden this isn't debatable.

    Oh ok, you have made up your mind that he broke the law and so that means he doesn't get a fair trial. Do you understand what a trial is? Actually that's rhetorical, your statements prove without doubt that you obviously don't.

    And, he's basically pissed away the whistleblower defense by breaking the leaker's code

    Then a fair trial will identify this, but you don't want him to have a fair trial. You have already made up your mind and you fear that a fair trial may bring a result that runs contrary to what you want.

    So, regardless of fairness he'd be accepting the reality of a long jail term if he comes back to the US.

    Just because he may have done some parts of this wrong doesn't preclude the necessity for a fair trial.

  21. Kerry should man up. by Anonymous Coward · · Score: 0

    He who comes to a fistfight with a gun is the one who is a coward. Kerry could man up and guarantee Snowden bail and a trial in an open court with no special evidence and testimony restrictions. "We'll keep everything secret and tell the public that we did the good thing" is not a sign of bravery. In this case it is not a sign of patriotism either, at least not patriotism to a free and democratic state.

    -- Steve Wozniak

    1. Re:Kerry should man up. by Shakrai · · Score: 1

      He who comes to a fistfight with a gun is the one who is a coward. Kerry could man up and guarantee Snowden bail and a trial in an open court with no special evidence and testimony restrictions.

      Why would Snowden get bail? He's a demonstrated flight risk. You think there's a Judge anywhere in the United States that would give you bail for any felony offense after you previously fled the jurisdiction?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Kerry should man up. by Sciath · · Score: 1

      Wozniak said that? Just because he may know computers doesn't mean he is a wise man. Especially the bit about someone bringing a gun to a fistfight. I know plenty of 65 year olds who can no longer "fight" as they could 30 years ago. If given no option, I'd certainly take a gun to a fight if it was with some punk 25 year old. There are a lot of punks walking the streets in America that have no or little respect for their elders. So if carrying a gun evens the odds, well hooray for them.

      --
      "Those who can make you believe absurdities can make you commit atrocities." - Voltaire
  22. So why can't this argument be made in Court? by Anonymous Coward · · Score: 0

    Legal scholars have strongly argued that the US supreme court – which has never yet addressed the constitutionality of applying the Espionage Act to leaks to the American public – should find the use of it overbroad and unconstitutional in the absence of a public interest defense. The Espionage Act, as applied to whistleblowers, violates the First Amendment, is what they're saying.

    If it fails, keep appealing it until it reaches the SCOTUS.

    1. Re:So why can't this argument be made in Court? by AHuxley · · Score: 1

      Depends on the lower US courts:
      http://www.freedomwatchusa.org...
      Other US courts consider color of law to be fine due to some issues that make it ok to spy domestically for a generation.
      You and your legal team would be facing diverse US legal options. The option to go with special color of law just this one time again or not.
      The good part is legal teams still get to talk in public about the color of law been used on that day in court :)

      --
      Domestic spying is now "Benign Information Gathering"
  23. Nyet, tvarish - Snowden IS patriot. by mmell · · Score: 1, Funny

    Just not American patriot. Was American citizen, da . . . but is patriot of largest nation ever, is hero to workers' paradise. Would be citizen, but bear does not want to taunt eagle too much.

    1. Re:Nyet, tvarish - Snowden IS patriot. by Bing+Tsher+E · · Score: 1

      Cut out the Colonel Klink impressions. This isn't Hogan's Heroes.

    2. Re:Nyet, tvarish - Snowden IS patriot. by mmell · · Score: 1

      Look, I know I'm lousy at impressions but can't you tell the difference between a German and a Russian accent?

  24. Reverse the question. by nitehawk214 · · Score: 2

    I think it would be easier to ask "Does anyone think Snowden would get a fair trial?" It would be a much shorter list. And most of the people answering yes can be easily identified as flat out liars. (Kerry and pretty much any politician.)

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
    1. Re:Reverse the question. by TubeSteak · · Score: 1

      And most of the people answering yes can be easily identified as flat out liars.

      Or just ignorant.
      Never underestimate the power of the media to misinform people already predisposed to a point of view.

      --
      [Fuck Beta]
      o0t!
  25. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 3, Insightful

    It's not just the spy bureaucracy. According to polls most of the American people do not approve of his actions. And this is a democracy, so that matters.

    Snowden's core problem is that the American people approve of a good half of the programs Greenwald has outed. Spying on people like Angie Merkel is the entire reason we instructed our Congress to spend $30-$40 per person on an NSA. Period. End of story. Do not pass Go, do not collect $200. Same goes for most of the other NSA revelations (spying on Brazil's government, helping the Aussies spy on Indonesia, etc.). Pretty much the only thing he's revealed that most Americans actually care about was the mass surveillance on US Citizens, and a lot of that was oversold.

    It doesn't help that he ended up in Russia. With the Crimea mess he just looks like Putin's puppet. To an extent that can be blamed on the "spy bureaucracy," but if Snowden knew he was gonna piss of the State Department, and he knew that he'd only be allowed to travel if State didn't revoke his documents, then he probably should not have gone through Moscow. Moreover I suspect our spy bureaucracy is actually good enough to get the timing right on that. There wasn't that much time between boarding a plane in HK and switching flights. I suspect the Chinese didn't want him, so they let him through with revoked documents, and then Putin him decided to keep him in a glass box.

    To an extent I sympathize with him, but what's that old saying about the Game of Thrones? You win or you die? Snowden could have chosen to leak his documents anonymously through a Congressman. Amash would have loved to blame Obama for evil. Wyden is always good on these issues. And he probably could have done so anonymously, because the NSA can't piss off Congress or they all get fired, and Congress doesn't like it when the Executive branch hinders them in their core duty of making life difficult of said Executive branch. But he went through the media, which meant nobody in power in the US had any particular reason to protect him, so now he's Putin's bitch. It would be nice if this was Star Trek and shit like this didn't happen, but it ain't.

  26. Re: Traitor by CrimsonAvenger · · Score: 4, Informative

    He isn't a traitor.

    Treason is defined in the Constitution (Article 3, Section 3. Learn it, love it, live it), and what he allegedly did doesn't fit the definition.

    And this ignoring the fact that a treason conviction requires (according to Article 3, Section 3) two witnesses to the same (treasonous) overt act.

    Since there aren't two witnesses to what he did, and what he did does NOT fit the definition of treason, he can't be convicted of treason no matter how hard the Constitutional Scholar tries....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  27. What reasonable doubt? by mmell · · Score: 1
    To borrow a line from a movie, "These are the facts of the case . . . and they are undisputed."

    What're you people expecting, jury nullification? Unfortunately, one of the problems here is that Snowden will never be given a jury trial - and if he is, he'll be denied the right to provide a defense for himself. Also unfortunately, regardless of what his motives were his actions were clearly espionage.

    "These are the facts of the case . . . and they are undisputed."

    1. Re:What reasonable doubt? by Anonymous Coward · · Score: 0

      His actions can only be seen as esiponage since the term has been recently redefined by a unconstitutional law. Whistle blowing is the correct term, not espionage.

  28. Re:Ellsberg forgets a couple of things by sjames · · Score: 2

    So where would you put 'almost certain' on the scale of 'beyond reasonable doubt' and 'preponderance of the evidence'?

  29. Re:For the last time, he is no hero by mmell · · Score: 1
    You're right - Snowden's actions don't amount to treason. But they were espionage. Even Snowden's own account of events makes that clear.

    Sadly, while it's clear that he should face some sanction for his action it's nearly certain that the punishment he will receive for his crime will be horribly out of proportion to the severity of it. Too bad; I guess he didn't think everything out all the way. He forgot that pawns are expendable - and in the final analysis, he was just a pawn.

  30. Re:For the last time, he is no hero by sjames · · Score: 1

    Even the goons admit that Snowden did try those channels and it went directly into the round file, so no.

    What has he revealed that aided or comforted an enemy of the United States?

  31. Re:Ellsberg forgets a couple of things by NicBenjamin · · Score: 1

    I doubt the governments got the documents.

    He could easily arrange it so that only the reporters got his copy of those documents, by storing them all on a single thumb drive, and he's probably got them encrypted pretty thoroughly. He knows enough about political reality that he probably did precisely that.

    I wouldn't be surprised at all to find out he's let stuff slip to the Russians. They probably have cameras on him 24/7, and they control who gets to talk to him, which means that if the head of the FSB is really curious about some technical trick they can send somebody over to weedle it out of him. They may even have made "privileges" like not being sent to a "special apartment" with no heat in Moscow in January were dependent on him leaking some things. Whether that rises to the level of espionage is not something I'm equipped to say.

  32. Re:Traitor by sjames · · Score: 2

    I'm sure the "trial" would be such that it would "prove" any damn crazy thing the feds want it to "prove".

  33. Re:Ellsberg forgets a couple of things by neonsignal · · Score: 4, Insightful

    patriot: A person who vigorously supports their country and is prepared to defend it against enemies or detractors.

    Snowden has been consistent in explaining his motivation as exposing the misuse of government power against American citizens. Whether or not you agree with his method of doing so, it is hard to see that it was unpatriotic (unless your particular definition of patriotism is an unquestioning allegiance to his employer).

    Anyway, you have to understand that from the point of view of the rest of the world, we don't really care whether or not Snowden is a patriot. What we care about is that NSA have been working to undermine systems of trust, whether those are the encryption of communications, or even the relationships between friendly countries. And much of this done without significant goverrnment oversight, let alone public discussion. You are naive if you think that the trial of a whistleblower is more important than these subversive actions of the NSA.

  34. Re:prosecutions are done on law in place at the ti by Bing+Tsher+E · · Score: 2

    Right. The NSA isn't chartered as a counter-intelligence operation, with the task of spying on adversaries. It's mission is to spy at the deepest level on the heads of state of our Allies. Not just spies, and not just agencies in idenitified enemy countries.

    Your Realpolitik sucks, dude. Maybe you should go read another Tom Clancy novel.

    There aren't any 'Old Sayings' from the Game of Thrones. It's a modern work, not a classical work. But you said 'this isn't Star Trek' so to a limited degree, you appear to base yourself in reality, not drugstore Fiction thrillers.

  35. Re:For the last time, he is no hero by Hairy1 · · Score: 2

    He could have simply shut up and lived the good life while being complicit in the spying machine that has rendered the freedoms of the US a joke. The real criminals have got away without a scratch and the spying continues without restriction or modification. Obama has betrayed the spirit and law of the Constitution, as did Bush. Unlimited power corrupts.

  36. I want to know what MY Government is doing. by Anonymous Coward · · Score: 0

    Snowden is no patriot. Not by any definition of the word.

    My government, the USA, has been doing things that would have made our Founding Fathers take up arms.

    Spying on Americans.

    Detaining Americans without due process.

    Confiscating property without due process.

    ALL enabled by the PATRIOT Act,. and the previous laws passed for these "Wars" on Drugs, Terrorism, Child Pornography, etc ....

    And I might add, all of those laws went through without so much as a peep from the general public (just from those "Liberals").

    Why no peep?!

    Because John Q. Public was stupid enough to think that "if you do nothing wrong, you have nothing to worry about." and that our Government is good and follows the American way - because America is ALL good. And the ONLY reason our government needed those powers is to fight "evil" - which makes my skins crawl when I hear people talk like that. They sound like children.

    No sir,, Snowden opened up a lot of people's eyes on how out of control our Government has become.

  37. Re:prosecutions are done on law in place at the ti by mendax · · Score: 4, Insightful

    It doesn't help that he ended up in Russia. With the Crimea mess he just looks like Putin's puppet. To an extent that can be blamed on the "spy bureaucracy," but if Snowden knew he was gonna piss of the State Department, and he knew that he'd only be allowed to travel if State didn't revoke his documents, then he probably should not have gone through Moscow.

    If I were Edward Snowden I would not want to route a series of flights to South American, where he was originally intending to go, that would take me through airports in American-friendly countries. Going to Russia on an Aeroflot flight to Moscow and then to Cuba and then from there to somewhere in South American would have been the smartest thing to do. I doubt the US would be willing to piss off the Russians by sending out the F-15s to intercept a Russian-flagged airliner. And as Snowden has pointed out, once in Russia he was unable to go any farther except back to the US because the State Department had revoked his passport. However, it is rather fortuitous that Snowden is in Russian. That is probably the best place for him to be, especially now because Putin is not going to be doing any favors for the American government.

    --
    It's really quite a simple choice: Life, Death, or Los Angeles.
  38. Re:Ellsberg forgets a couple of things by AHuxley · · Score: 1

    Re "Second, it is almost certain that ALL of that information was given over to the governments of the countries he traveled to."
    Thats a big leap AC. Russia and China would not touch anything gifted to them by a CIA/NSA/contractor as a walk in while talking about the press.
    Russia and China have had decades of gems from ex staff but with a lot of expensive CIA/MI6 junk in the mix.
    China has its own path of internal growth, EU/US supporters and a collection of very smart students around the world.
    China is doing fine in globally with its exports, brand building, loans and political charm that gets deals done. They know the West ability - surrounding listening stations, Western owned container ships with listening equipment, subs, optical taps, junk crypto, junk hardware/software, banking access, cults/NGO, protests - sorting a pile of 'free' docs for gems is just not worth it.
    Russia will just take one look at the person and think back to how many times it has been fooled by the CIA and MI6.
    They did not find this person, work with them, test them, build them up. They have their own vast skilled networks of trusted people doing great work over generations.
    Sorting a pile of 'free' pre sorted docs for gems is just not worth it for Russia or China. They did what they had to politically - transit and a work permit.

    --
    Domestic spying is now "Benign Information Gathering"
  39. Oh, for a magic wand. by Uberbah · · Score: 4, Insightful

    I'd wave it and make those who repeat stupid bullshit reflexively mule-kick themselves in the balls. Treason is the only crime spelled out in the Constitution, and for good reason - so fuckhead monarchists like the AC here can't sling it against anyone they don't like.

    Speaking of fuckheads, what about the lawbreaking revealed by Snowden? You guys out yourselves as pathetic hacks when you aren't demanding the impeachment and incarceration of top level officials, from Clapper to Alexander to the POTUS himself, at the same time that you're demanding Snowden's head.

    1. Re:Oh, for a magic wand. by Anonymous Coward · · Score: 0

      I'd wave it and make those who repeat stupid bullshit reflexively mule-kick themselves in the balls. Treason is the only crime spelled out in the Constitution, and for good reason - so fuckhead monarchists like the AC here can't sling it against anyone they don't like.

      Speaking of fuckheads, what about the lawbreaking revealed by Snowden? You guys out yourselves as pathetic hacks when you aren't demanding the impeachment and incarceration of top level officials, from Clapper to Alexander to the POTUS himself, at the same time that you're demanding Snowden's head.

      And ... What about the law breaking by the employees of police departments to obtain evidence, witnesses or confessions to arrest and convict someone for a crime. I've been a naive idealist. Apparently, only people with certain jobs are allowed to have it either way as it fits their needs and desires.

    2. Re:Oh, for a magic wand. by Uberbah · · Score: 1

      If cops were held accountable to the law, there would be thousands going to jail for murder and tens of thousands for excessive force, evidence tampering, perjury, entrapment, etc. But your friendly local RAMPART division doesn't operate on a global scale.

    3. Re:Oh, for a magic wand. by Anonymous Coward · · Score: 0

      Speaking of fuckheads, what about the lawbreaking revealed by Snowden? You guys out yourselves as pathetic hacks when you aren't demanding the impeachment and incarceration of top level officials, from Clapper to Alexander to the POTUS himself, at the same time that you're demanding Snowden's head.

      I think this may be why the British would have to carefully precede many disagreements in Parliament with the phrase "The Loyal Oppositon ... " to avert being accused of treason by their opponents.

  40. Re:Ellsberg forgets a couple of things by AHuxley · · Score: 1

    Yes re "the Pentagon Papers had no effect on the elections at all"
    It woke up a generation of historians, the press and students to the ability of the mil to spin a story and have a generation fooled into taking sides in a distant civil war.
    The other aspect is the two tracks of US mil thought - the correct view that you cant win a civil war vs more air support, cash, real troops, local death squads will win every time no matter realities on the ground.
    US political power, section of the mil got to hide their mistakes pushing it all on planners :)

    --
    Domestic spying is now "Benign Information Gathering"
  41. Re:The penalty for treason by Anonymous Coward · · Score: 0

    If his actions are Treason then the US Government is at war with the US people.

  42. He's right, Snowden will never again see daylight by Anonymous Coward · · Score: 5, Interesting

    If he returns to the US, Snowden will never again see the light of day. Look at what happened to insiders like Thomas Drake (an NSA guy with 30 years in) who developed an analysis tool named "Thin Thread". He added constitutional protections. The NSA removed them. He complained. He was then threatened with 1000 years in prison by Federal Prosecuters (Persecutors?). Included was gag orders on just about everything, constant surveilence, seizure of this computers (home/work/wherever). Wiretaps, harrasment, intimidation, threats of physical violence, physical violence, etc. And he was an inside guy. Then take a look at what happened to the guy who was running Lavabit. Gag orders prohibiting him from talking to his lawyer, gag orders preventing him from talking to anyone, judges imposing arbitrary fines of $5000 per day, he isn't even allowed to see the charges against him! This is sick! The US Constitution is an ideal that the US Government cannot live up to (and they have no intention of trying). If he returned to the US, what would happen to Snowden would best be described as "Punitive, Vindictive, and Arbitrary".

  43. Re:For the last time, he is no hero by mmell · · Score: 1
    He could have indeed remained silent, even continued working for them. What difference would that have made? None. What difference did his actions make? None.

    Guys like me have been yelling about Echelon, Magic Lantern and half a dozen other "conspiracy" theories for decades now. The only change Snowden's 'revelations' made was that people have stopped telling me to take off my tinfoil hat (which I did some time ago - the radio waves coming through the tinfoil made it hard to hear the voices).

  44. Re:The penalty for treason by Anonymous Coward · · Score: 0

    Snowden's acts are by definition, treason. The penalty for treason is death.

    You wouldn't know who is on the side of the people of the US if you were given
    a program which explained it in language so simple even your
    simple minded ass could grasp it.

    The people who are spying illegally on US citizens within the US without
    warrants are breaking the law. Snowden exposed this and for his efforts
    many millions in the US feel that Snowden is a hero and a patriot in the truest
    sense of those words.

  45. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    They believe the propaganda, not the reality. There's a big difference.

  46. Gotta hand it to him... by Kazoo+the+Clown · · Score: 5, Insightful

    Traitor or not, he Pwned their ass. The NSA look like complete idiots, and continue to do so, and Snowden has shown them up at every turn. Remind me what we are paying billions of dollars for again? Whether or not you can lock up Snowden, the NSA needs its plug pulled for utter incompetence.

    1. Re:Gotta hand it to him... by TubeSteak · · Score: 1

      Whether or not you can lock up Snowden, the NSA needs its plug pulled for utter incompetence.

      Snowden intentionally got himself posted to a NSA facility that had not received the security software upgrades which were rolling out across all DoD facilities.
      The next Manning or Snowden is going to have to work a lot harder to vacuum up large quantities of classified data without getting caught.

      --
      [Fuck Beta]
      o0t!
    2. Re:Gotta hand it to him... by crimson+tsunami · · Score: 2

      Well it's a good thing they finally closed the barn door, now that all the horses are running free.

    3. Re:Gotta hand it to him... by Kazoo+the+Clown · · Score: 1

      Just the same, it looks like the NSA's overreliance on technological solutions is likely to get worse instead of better. You should probably hope that you don't just happen to resemble someone's bad photo in their wanted database:

      http://www.foxnews.com/politic...

    4. Re:Gotta hand it to him... by Anonymous Coward · · Score: 0

      the NSA needs its plug pulled for utter incompetence

      No, the NSA need its plug pulled for appalling competence at what they choose to do rather than what they are supposed to do.

      They are not a mere waste of money. Instead they are a terrible danger to democracy.

  47. Re: Traitor by mysidia · · Score: 0

    and what he allegedly did doesn't fit the definition.

    He allegedly adhered to enemies of the United States ("islamic terrorists"), giving them aid and comfort: in the form of disclosure/spoiling of secret information about government practices used to locate, investigate, and suppress activities specifically of the enemy.

    There might or might not be an ability to find two witnesses to the act, or to get a confession in open court; however, in principal, he could be tried with treason, if there were.

  48. Re:Snowden broke the law; so "fair" is moot by Anonymous Coward · · Score: 1

    No. Rather, he upheld his oath to defend his country from enemies foreign AND domestic. In this case, rather more the domestic kind.

  49. Re:For the last time, he is no hero by Anonymous Coward · · Score: 0

    The right to free speech does not include treason, which Snowden is guilty of, without a doubt.

    Then tell us where and when, exactly, did Edward Snowden levy war against the United States? Where and when did he provide aid comfort to the enemies of the United States? Please enlighten us, as this is the only definition of treason according to Article III, Section 3 of the United States Constitution

    Edward Snowden is in no way levying war against the US. And last time I checked, he hasn't provided aid and comfort to any enemies, either. Unless, of course, you feel that a somewhat chilly relationship with the Kremlin makes Russia an enemy. Or is it the American people you consider to be the enemy?

    So yes, there is very much all the doubt in the world that Edward Snowden is guilty of treason. In fact, there are, without a doubt, zero grounds with which to pursue a charge of treason. The definition is enshrined in the constitution and is very narrow. This was done on purpose so that "disagreeing with the ruling class" could not be used as a witch-hunt for "traitors". However, you seem to be longing for a simpler time under the rule of King George so that all the filthy peasants can be rounded up and sent to the gallows for having the temerity to think for themselves.

    You, sir, disgust me.

  50. Re:For the last time, he is no hero by AHuxley · · Score: 1

    If you look around and see how other people doing "Whistleblowing" ended up http://cryptome.org/2013-info/...
    You can talk to your boss - your job is over, your security work is over. No change
    You can talk to a cleared US court - your job is over, your security work is over, you face jail. No change.
    You can talk to a supportive US political leader and face a security court - your job is over, your security work is over, you face jail. No change.
    You can talk to the supportive US press to face spin that your on the far left, right or a unionist, faker, just a contractor ... and just wanted better pay, conditions, advancement, had staff issues, had personal issues... a short human interest story at best. Your job is over, your security work is over, you face jail. No change.
    A lot of people have tried the legal system and the cleared legal teams, the political support and US press. No change.
    Try something new. No change in the US political or legal system but the individual is now more aware of the brands/crypto/maths/hardware/software that fooled them.
    You can now buy/support/code for any different brand, learn about real crypto beyond tame junk gov standards, write about the small brand changes you have made.
    Ellsberg showed generations how historical spin works.
    Snowden showed generations how junk crypto and tame brands are sold.

    --
    Domestic spying is now "Benign Information Gathering"
  51. Re:Ellsberg forgets a couple of things by Anonymous Coward · · Score: 0

    Ellsberg really must have forgot that you are looking to win twit if the year award.

    You first point i so valid it hurts that you attempt to use it to back up your bullshit second statement.

    Almost certainly Snowden made certain that the countries he travelled to do not have ALL of the information, precisely because he is an American who cares more about his country and citizens than the politicians and his superiors at the three letter agencies.

  52. Re:The penalty for treason by Anonymous Coward · · Score: 0

    How about you read the goddamn Constitution before you open your mouth to spew nonsense. Not that I forsee that happening, as you're probably either a paid shill for the NSA/Obama/Kerry, or just a flat out idiot.

  53. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 5, Insightful

    It's not just the spy bureaucracy. According to polls most of the American people do not approve of his actions.

    Which is why calls were 100 to 1 against telecom immunity in 2008, from across the ideological spectrum. Because if there's one thing a majority of Americans want, it's corrupt unaccountable Big Brother spying on the entire planet. And that's before getting to the naked hackery of NBC's polling. You run a poll asking 'do you support Snowden taking classified documents to Putin's Russia?!?!?' and are surprised at the results? How about 'do you support whisteblowers when they reveal top officials breaking the law hundreds of times a second every day of the week'?

    Spying on people like Angie Merkel is the entire reason we instructed our Congress to spend $30-$40 per person on an NSA. Period. End of story. Do not pass Go, do not collect $200.

    Is this perfromance art, or did you bring enough hallucenegic drugs for everybody? Cuz you're on some mighty powerful acid if you're seriously suggesting we need to spend hundreds of billions to tap the personal communications of our closest allies.

    It doesn't help that he ended up in Russia.

    It doesn't work to blame Snowden for ending up in Putin's Russia when it was Clinton's State Department who canceled his passport on his way to South America. And for having the president of Ecuador's plane forced down because he might have been carrying Snowden on board.

  54. Re:prosecutions are done on law in place at the ti by PPH · · Score: 4, Informative

    According to polls most of the American people do not approve of his actions. And this is a democracy, so that matters.

    Its a Constitutional Democracy. So what the mob thinks doesn't make it right. We have a Bill of Rights which Snowden (and others) claim is being violated.

    Opinion poll results to the effect that Snowden did wrong point out another problem with him returning: How is he going to get a fair trial with practically every potential juror having read stories (propaganda) about him and having an opinion already?

    --
    Have gnu, will travel.
  55. Why does Snowden want to come back? by MouseTheLuckyDog · · Score: 0

    I guess he discovered living in Russia is not as good as he thought,
    and Anna Chapman is a lousy lay.

  56. Re:I'll wait for testimony under oath by NoKaOi · · Score: 1

    I know, I know, I'm taking the bait and feeding the troll.

    thief on a massive scale

    He didn't steal anything, he copied it. Perhaps he is guilty of copyright violation though.

    a breaker of oaths

    He is less than of a breaker of oaths than any of the higher-ups or politicians involved. When a politician takes office, they take an oath to uphold the constitution. James Clapper not only took and oath to uphold the constitution (probably multiple times, as he was a general), but he also took an oath before congress to tell the truth but then lied, and Snowden exposed his lies and perjury. Clapper was not charged with treason or perjury. Obama and Bush both swore very publicly to uphold the constitution (twice each), and yet they are a party to these constitutional violations and not been impeached for breaking their oaths. Apparently, there is no negative consequence to oath-breaking. And if Snowden had ever sworn to uphold the constitution (or even said the pledge of allegiance, the American flag stands for upholding the constitution and the freedom of its citizens, not violating the constitution and taking away those freedoms), then he was in fact keeping those oaths.

    naive idiot

    Not really. He knew what he was doing, and what would happen. That makes him neither naive nor an idiot. He saw constitutional violations, and did what he could to make the American public aware of it after he tried to go through the "proper" process. He was ignored when trying to go up the food chain, so he knew the only way to stop or expose those constitutional violations was to make them public. He knew that as a result of that, he would be persecuted, not hailed as a hero. He knows there is no way in hell that he will get a fair trial. Regardless of whether or you think the government should be allowed to continue grossly violating the constitution in secret, his actions do not show he is a naive nor an idiot.

    Maybe he's also a traitor in the pay of one or more foreign governments.

    Maybe the Earth will implode tomorrow. Maybe Lindsay Lohan will win a gold medal in weightlifting at the next Olympics. Maybe politicians will all start being honest and doing what's best for their constituents. All of these statements are equally ridiculous and have no basis in reality.

    TBD, let's have the trial.

    The whole point of this article is that there's no way in hell he would get a fair trial, so having a trial wouldn't mean jack shit.

  57. The Ukraine and all. by MouseTheLuckyDog · · Score: 0, Flamebait

    Has it occurred to anyone that Snowden may have leaked documents concerning American game planning to Russian aggression in the Ukraine?
    Not that Putin needed a lot of help in making Obama his bitch.

    1. Re:The Ukraine and all. by Boronx · · Score: 1

      Look at Ukraine now and one year ago. Who is who's bitch again?

    2. Re:The Ukraine and all. by Vellmont · · Score: 1

      He said he didn't have the documents with him to steal, and destroyed them after he gave them to the journalists. Now.. he could be lying of course but...

      Snowden is a sharp guy. He knows that having those documents with him would make him a really, really good target to just be killed by the US CIA, or be kidnapped by whatever they're calling the KGB these days. Remember the US is the country that waterboarded people, and said it wasn't torture.

      Now... whether he's given some form of assistance to Russia is a different matter. We all know he's willing to act as a political puppet for Putin, throwing him some softball questions to deny the Russians aren't spying on it's citizens. "Yes Mr. Putin sir, oh greatest leader of Russia Sir! You certainly aren't spying on YOUR citizens like those dirty, dirty Americans are, right sir?"

      --
      AccountKiller
    3. Re:The Ukraine and all. by Anonymous Coward · · Score: 0

      No. The Americans have no working plan. See "Syria."

  58. Re: Traitor by Anonymous Coward · · Score: 1

    Wrong. Aid and comfort must be material, and must be given directly and intentionally. That is, he must have handed information directly to terrorists which materially aided their terrorist-related endeavors. Assuming the leaks were material**, it was still neither direct nor intentional. He gave it to a free press to be published at their discretion.

    Were it otherwise, then simply espousing pro-Jihadist views in public could be construed as treasonous, because you could construe moral support as aid and comfort, especially if it resulted in donations to terrorist organizations.

    ** What's material? Well, information relating to tapping Angel Merkel's cellphone is not material. Most of what Snowden leaked likely wouldn't be material, although probably some might be considered such.

    The most recent and relevant case law can be found by reading the opinion in Cramer v. United States, 325 U.S. 1 (1945). See http://en.wikipedia.org/wiki/Cramer_v._United_States

  59. the article hyperlinked through 'strongly' by surd1618 · · Score: 1

    I couldn't find a full copy of Melville B. Nimmer, “National Security Secrets v. Free Speech: The Issues Left Undecided in the Ellsberg Case", but for anyone who wants to dig in, here's a link to a preview of the article in jstor. It says you can sign up for free and you get to rent articles for 14 days.

    http://www.jstor.org/discover/...

  60. Re:The penalty for treason by anonymous_echidna · · Score: 1
    Inspired by CrimsonAvenger, above, I looked up the definition of treason in the US constitution (Article 23, section 3):

    Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

    How, exactly, do Snowden's actions in leaking information to the media of a staunchly allied country fit the definition of treason?

    --
    In most times, most places, by most people, liars are considered contemptible. - Ursula Le Guin
  61. Where the path the USA is on leads to... by matbury · · Score: 4, Insightful

    I think there's a tendency to lose sight of why Snowden blew the whistle: The NSA, CIA, Homeland Security, DEA, and thousands of private security contractors that've sprung up since 9/11 are creating the aparatus of a security state. It's important to take a good, hard look at the other end of that road. Where does the security state lead to? I haven't heard it put better than this: "Christopher Hitchens - The Axis of Evil revisited", Fora.tvt, 2009 https://www.youtube.com/watch?...

    It's worrying that Washington is doubling down on its efforts to establish its security state now that it's been made public.

    1. Re:Where the path the USA is on leads to... by visualight · · Score: 1

      It's worrying that Washington is doubling down on its efforts to establish its security state now that it's been made public.

      It's how people rationalize. By coming out and endorsing this activity publicly they're more able to tell themselves that they were (ethically) right all along, that what the government is doing is necessary. My opinion is that most of our congress is permanently corrupted and this situation will change only when most of them are out of office.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  62. Re: Traitor by Anonymous Coward · · Score: 0

    Treason is defined in the Constitution (Article 3, Section 3. Learn it, love it, live it), and what he allegedly did doesn't fit the definition.

    The Constitution is not being followed and/or defended.

    The definitions are changing my friend. Everything you know is wrong. Everyone is a traitor and terrorist these days. Copyright infringers are dirty stealing thieves. Unlimited means limited.

    It is more wrong to point out wrong-doing, than the wrong-doing.

    Copying Michael Jackson's music is a more serious offense than killing him.

  63. Re:I'll wait for testimony under oath by jelIomizer · · Score: 1

    He is less than of a breaker of oaths than any of the higher-ups or politicians involved.

    And frankly, breaking an oath that requires that you remain silent about egregious violations of the constitution and fundamental liberties is the moral thing to do; you'd be immoral not to.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  64. Re:Trial by fustakrakich · · Score: 1

    Along with the traitors he exposed I presume?

    --
    “He’s not deformed, he’s just drunk!”
  65. Re:prosecutions are done on law in place at the ti by TubeSteak · · Score: 3, Interesting

    Spying on people like Angie Merkel is the entire reason we instructed our Congress to spend $30-$40 per person on an NSA. Period. End of story. Do not pass Go, do not collect $200. Same goes for most of the other NSA revelations (spying on Brazil's government, helping the Aussies spy on Indonesia, etc.).

    [Citation Needed]
    Extraordinary claims require extraordinary proof

    http://www.cbsnews.com/news/wh-us-not-monitoring-german-chancellor-angela-merkels-phone/

    Merkel complained to President Barack Obama on Wednesday after learning that U.S. intelligence may have targeted her mobile phone, saying that would be "a serious breach of trust" if confirmed. The two leaders spoke by phone, Carney said.

    "The president assured the chancellor that the United States is not monitoring and will not monitor the communications of the chancellor," said Carney. "The United States greatly values our close cooperation with Germany on a broad range of shared security challenges."

    Why did Obama promise not to spy on Merkel if that's what "we instructed our Congress to" do?
    (Who's "we" by the way? I sure as hell didn't instruct anyone do to that.)

    7 months later and Merkel is still pissed off about it:
    http://www.nytimes.com/2014/05/03/world/europe/merkel-says-gaps-with-us-over-surveillance-remain.html

    Ms. Merkel, who last fall declared that âoespying between friends is simply unacceptableâ and that the United States had opened a breach of trust that would have to be repaired, said at the news conference that âoewe have a few difficulties yet to overcome.â One remaining issue, she said, was the âoeproportionalityâ of the surveillance.

    --
    [Fuck Beta]
    o0t!
  66. Re:For the last time, he is no hero by Anubis+IV · · Score: 2

    Snowden did not lift a finger for even a moment to follow those processes, electing instead to break the law himself and go straight to the public.

    Huh. So, I guess this story from three days ago is all bunk?

    To quote the relevant portion:

    Snowden told NBC's Brian Williams "he had tried to go through channels before leaking documents to journalists, repeatedly raising objections inside the NSA, in writing, to its widespread use of surveillance. But he said he was told, "more or less, in bureaucratic language, 'You should stop asking questions.'" Two U.S. officials confirmed Wednesday that Snowden sent at least one email to the NSA's office of general counsel raising policy and legal questions."

    But, despite his explicit claims of having gone through proper channels, and government officials' confirmations that he also tried to reach someone who's job it is to care about this stuff, I'm supposed to take what you've said at face value and believe that he didn't "lift a finger for even a moment to follow those processes", rather than believe that you're talking out of your ass regarding a topic of which you've already demonstrated your ignorance?

    Go, educate yourself, and come back when you're ready to talk some more. I'm not claiming that the guy's perfect (tip: none of us are perfect), but if you're gonna claim he screwed something up, at least get your facts right.

  67. Re: Traitor by Crypto+Gnome · · Score: 1

    So technically the definition of treason encompasses ANY whistleblower about ANY National Security issues.

    Again we see overbroad and unnecessary interpretations of The Law which serve NO PURPOSE other than to silence dissent.

    Sure we have oversight, and if you come forward raising your concerns we'll ignore you (and destroy your career) and if you go public in ANY way we'll accuse you of treason and destroy your entire life.

    --
    Visit CryptoGnome in his home.
  68. Re:For the last time, he is no hero by Anonymous Coward · · Score: 0

    Yes, amazing that people will listen when presented with proof rather that speculation...

    Seems his actions made a lot more difference than yours considering he is even a topic of discussion.

  69. Re:The penalty for treason by Crypto+Gnome · · Score: 1

    How, exactly, do Snowden's actions in leaking information to the media of a staunchly allied country fit the definition of treason?

    The argument is that because he revealed details about foreign operations he "aided the enemy" (insert extremely rubbery definition of 'aid').

    In the same way that far too many crimes are IMMEDIATELY proclaimed TERRORISM (for the sole reason that they have harsher penalties and lower requirements for proof, due diligence, etc)

    --
    Visit CryptoGnome in his home.
  70. Re:For the last time, he is no hero by Anonymous Coward · · Score: 0

    Isn't that a good thing? First step to any problem is acknowledging it. Just because nothing is happening today doesn't mean it won't tomorrow.

  71. Re:I'll wait for testimony under oath by Swampash · · Score: 1

    Let's hear the testimony under oath, subject to cross examination.

    Read the parent article. Ellsberg asserts, based on his own experience of an Espionage Act trial, that if Snowden is ever brought to trial he will not be allowed to testify.

  72. Re:The penalty for treason by Anonymous Coward · · Score: 0

    I believe those govie shills are following the rendition of their master's definition, in which everyone including the country's allies AND the general U.S. population are the Enemies of the United States. Its easy if you can redefine things isn't it.

  73. Re:prosecutions are done on law in place at the ti by Bugler412 · · Score: 3, Insightful

    whether he is guilty or not is not a subject of voting and opinion polls. The percentages in favor or not have nothing to do with whether he guilty of committing a crime, whether the laws used to prosecute him are appropriate and constitutional, whether the governments efforts at pursuing a conviction are proper and correct, whether the public service and expression of rights done by Snowden overrides the intent of the law, etc. etc. All having nothing to do with a focus group or opinion poll

  74. Re:prosecutions are done on law in place at the ti by IamTheRealMike · · Score: 5, Insightful

    Snowden could have chosen to leak his documents anonymously through a Congressman. Amash would have loved to blame Obama for evil. Wyden is always good on these issues. And he probably could have done so anonymously, because the NSA can't piss off Congress or they all get fired

    That'd be the same Wyden who already knew a lot of what Snowden revealed and felt he couldn't say anything because it was all classified? The same Congress that discovered they'd been lied to, openly, baldly and repeatedly, and did diddly squat because it was a high ranking member of the security state who did it?

    Good one. Snowden did what he did because the entire US political structure has been subverted by the military to such an extent that there is nobody left who will hold them genuinely accountable. The press won't do it. Congress won't do it. The courts won't do it. The only guy left who will do it was a 30 year old former spy. That's what America is, now.

  75. Obama: Black Racist by Anonymous Coward · · Score: 1

    The first reason for the prisoner exchange was that the White House feared after years of negative coverage that the American people would realize that they and their super delegates elected the USA's first Black Racist, Barak 'Saddam' Hussein Obama, as President.

    Second reason: the 5 Taliban Officers will formulate an attack on the USA in June 2016 thus allowing Obama to declare Marshal Law, Outlaw the USA Constitution, Arrest the members and staffs of the Supreme Court and Congress and suspend all State Governments and issue kill-on-sight orders for State Government Officials.

    In June 2018, Obama will appoint Mullah Norullah Noori as Interior Minister of the USA under terms of the Obama Second Regime.

  76. Re:prosecutions are done on law in place at the ti by Ralph+Spoilsport · · Score: 1
    Snowden could have chosen to leak his documents anonymously through a Congressman.

    Sure, and two weeks later the NSA / CIA would have given him concrete boots to go talk to the fishies off the coast of Hawaii.

    --
    Shoes for Industry. Shoes for the Dead.
  77. Re:prosecutions are done on law in place at the ti by dbIII · · Score: 4, Insightful

    helping the Aussies spy on Indonesia

    In that case it was to get a trade secret about the manufacture of clove cigarettes. Still happy about your taxpayer dollars at work? Risking relations with two allies presumably because someone in the NSA got bribed by a cigarette company.

  78. Re:Ellsberg forgets a couple of things by dbIII · · Score: 1

    They did not find this person, work with them, test them, build them up. They have their own vast skilled networks of trusted people doing great work over generations.

    That's a good point. One thing Snowden revealed is that the NSA is a vast shambolic petty empire run by horse judges owed favours with many points of entry for a professional espionage organisation to exploit. Since Snowden could get all that stuff as a contractor it's likely that anyone interested with the funds to cover a gambling debt could have bought their own contractor with the same access. China, Russia and drug cartels probably have their own live feed from the NSA.

  79. Re:Dear Mr. Snowden by jelIomizer · · Score: 2

    Maybe Snowden wanted to improve his own country and keep it from becoming like some other police state hellholes? He seems to be doing a far better job than the scumbags in the government.

    And he did not just give them to Russia; he released them to a free media which released them to everyone. If you say otherwise, you're profoundly ignorant.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  80. Re:Trial by jelIomizer · · Score: 1

    You do know that that would be against the principles that this country is supposed to aspire to, as well as violate the constitution, right? Yet, you don't seem to care about that. It's always funny to see people say they want to live in a free country, and yet support policies (In your case, murder without trial.) that take us in the exact opposite direction.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  81. Re:Ellsberg forgets a couple of things by AHuxley · · Score: 1

    Re China, Russia and drug cartels probably have their own
    They would not be sending emails about legal questions. They would be part of the herd, passing tests, exams, going for promotions, always wanting to be seen ready to get new skills, pacing their work. Nothing to make fellow staff want to block them, flag them, report them, always good enough to be part of the next project, sharing the glory, a team player who really shines.
    Been betrayed or almost discovered would be the only reason to pull them out. They have the smarts to stay and the faith, connections to stay loyal to their real cause.
    Very hard to find once in the middle and upper levels and with privatized background database only entry level screening - a free for all to try. Every cult, faith group, country, crime syndicate, gang will be channel stuffing entry level staff - some might make it up the ranks.

    --
    Domestic spying is now "Benign Information Gathering"
  82. Re:For the last time, he is no hero by jelIomizer · · Score: 2

    Yes, amazing that people will listen when presented with proof rather that speculation...

    Speculation!? Echelon and such (Project MINARET, etc.) have been known about for some time. The NSA's egregious violations of the constitution and people's fundamental liberties didn't just start recently, and anyone who says otherwise is utterly ignorant.

    I like to think that Snowden just gave us the specifics of what was happening. What he revealed, however, was not surprising to anyone who was paying attention.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  83. Re:Ellsberg forgets a couple of things by Anonymous Coward · · Score: 0

    unless your particular definition of patriotism is an unquestioning allegiance to his employer

    That is, sadly, what usually passes as "patriotism" these days.

    Are you wearing your flag pin on your lapel, tovarisch?

  84. Re:prosecutions are done on law in place at the ti by Bing+Tsher+E · · Score: 1

    You might have to say that about most of the rest of the world, then. The NSA is not chartered, at least publicly, to spy on everyone outside the US, including the heads of government of our Allies.

  85. US Government Transperancy by BrookHarty · · Score: 2

    At least all the whistle blowers are giving us the transparency Obama promised but failed to deliver.

    I cant even watch the news, its all playing the public for fools. Democrats this, Republicans that. Corporation ABC gets approval to fuck more customers with blessing of its bought and paid for chairmen in power. Corruption in our courts and police are on par with third world countries. Every day we have more innocent people being slaughtered by police officers.

    Where are the Military men with honor running our Country? We get lawyers, LAWYERS, the scum of the earth who sold their soul and ideals for money.

    There is no Honor in our Government. How many people are still going to prison for minor drug offenses for non violent use, Obama said he would stop that, he hasn't.

    And all you people will still vote a Democrat or Republican into office thinking things will change.

    Why anyone thinks they can get a fair trial, a system that makes you plead so you dont get LIFE in prison. We have the largest prison population in the world and its not from finding people innocent. We have an estimated 12-15% of innocent men in prison so what, 220,000 thousand innocent people in prison. How many extra are there for non violent drug use? 50%?

    I'd like to bitch more, but Game of Thrones is on. Maybe I'll rant on facebook, that will do just as good as my slashdot post.

  86. Re:For the last time, he is no hero by Maxo-Texas · · Score: 1

    I think of it more as "revealing the NSA are assholes" than "making the NSA look like assholes".

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  87. Solitary confinement by Draugo · · Score: 1

    This article (at least based on the snippet here) talks about solitary confinement for entire sentence as if it was somehow unique and shocking punishment but solitary confinement for multi decade sentences is already a standard practice in the US despite of the mountains of data that show that it's inefficient as a rehabilitation method and leads to an astounding number of repeat offenders, mental illness and inability to cope with the outside world. It is one of the most horrific practices in US and still it's spreading in usage.

  88. Overwhelming evidence != no fair trial by sethstorm · · Score: 1

    Just because the evidence is not going to be remotely in your favor doesn't mean you won't get a fair trial. That, and given what he has done, solitary confinement for ~30 years is relatively light compared to execution. That, and if they finally decide to prosecute people that have helped him, without regard to profession, they might not get too bad of a deal.

    On the other hand, what Snowden and his friends are asking to not have a fair trial, since they want exceptions here and there. In addition, there were people unfortunate enough to lose clearances to his actions yet they will not get the same ability to call that privilege.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Overwhelming evidence != no fair trial by king+neckbeard · · Score: 2

      The bar for execution is set pretty high. The last parties to be executed gave the USSR nuclear secrets, and THAT was controversial, while Snowden might win a Nobel Peace Prize. If you think execution is appropriate, you are out of your mind.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Overwhelming evidence != no fair trial by Anonymous Coward · · Score: 0

      If you think execution is appropriate, you are out of your mind.

      Uh, you are aware that when you are talking to an American, chances are very high that he is one of those who keeps voting one of the two large parties into power?

      They are collectively out of their mind.

  89. Fair Trial by richardclark1985 · · Score: 1

    The trial was necessary and he got what he deserved from a fair trial. Not Guilty.

  90. How come Cold Fjord is not in sight ? by Anonymous Coward · · Score: 0

    There are some comments which read very much like those from Cold Fjord but then they are all posted under "AC"

    Where is Cold Fjord ? Or has Cold Fjord decided to start posting anonymously ?

  91. Re: Traitor by mysidia · · Score: 3, Interesting

    So technically the definition of treason encompasses ANY whistleblower about ANY National Security issues.

    Perhaps, so.

    It is mostly an academic point, however. There are plenty of crimes the feds can charge Snowden with.

    Including the theft of data, CFAA violations including wire fraud, willful unauthorized disclosure of classified intelligence, unauthorized disemination of national defense information, and espionage charges.

    They can essentially put him in jail for a few hundred years, or get the death penalty already: without having to even invoke treason as a charge against Snowden.

  92. Re:prosecutions are done on law in place at the ti by ScentCone · · Score: 2

    Extraordinary claims require extraordinary proof

    You don't need extraordinary proof. It's the basic bones of the NSA's charter. They monitor overseas communications with an eye on collecting information that can help people in this country make informed security, military, and foreign policy decisions and actions. That's their entire reason for existing. It's why they're separate from the FBI.

    Why did Obama promise not to spy on Merkel if that's what "we instructed our Congress to" do?

    Because, as he's caught red handed doing on a regular basis about all sorts of things, he was once again lying. Of course our intelligence operations will continue to try to learn what other governments are up to, just like they do to us and everyone else.

    --
    Don't disappoint your bird dog. Go to the range.
  93. Re:For the last time, he is no hero by ScentCone · · Score: 1

    Even the goons admit that Snowden did try those channels and it went directly into the round file, so no.

    Citation needed. I've seen only one mention of a very luke-warm single email exchange that could even begin to be Snowden attempting any such thing. Cite your "admit" event, in detail.

    --
    Don't disappoint your bird dog. Go to the range.
  94. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    come to think of it not all German citizens are US best friends. Some of them never were and after NSA there is even more of those unfriends there. Some of the people throwing airplanes into high buildings did study and got starting their plans in Germany. I am not saying Germany is not an ally but things are not as straight forward as this. Being German I actually do not care all that much about spying on Merkel. It was her own fault that she used unprotected phone. What worries me more is that the whole spying is done by crooks reinterpreting laws of own country (or creating new better suiting ones) in ways contrary to what the spirit and letter of the constitution was. Further what worries me is that they do it in a way that is so similar to what communists did back in the ol' good times. What worries me even more is that worked hand in hand with spooks in UK and other Western countries and part of this work was to reinterpret the laws of those countries so that their activities could be justified and hidden from eyes of their citizens. This has all signs of conspiracy the tin foil hat brigade was bragging about for years and that worries the hell out of me as if those lunatics were right then our perception of our legal system and how our state is supposed to work and more importantly there does not seem to be anything that can indicate - here and not further. You know like law sort of thing saying this is wrong and this is good. No limits to the spooks! Spooks international - how is that any better than communist international?

  95. Point of info regarding spying on Ms. Merkel by bradley13 · · Score: 2

    "The president assured the chancellor that the United States is not monitoring and will not monitor the communications of the chancellor," said Carney. "The United States greatly values our close cooperation with Germany on a broad range of shared security challenges."

    Ms. Merkel asked whether the US had been monitoring her phone, and Obama replied that the US is not doing so. The omission of the past tense was glaringly obvious at the time - essentially an admission that the US had, in fact, being doing so until caught.

    Why didn't Obama simply lie? He's a good enough speaker to pull it off, and has shown no reluctance in the past. It seems reasonably obvious that the US knew the Germans had found proof of the spying, and his statement was only intended to mislead the public at large.

    --
    Enjoy life! This is not a dress rehearsal.
  96. Re:prosecutions are done on law in place at the ti by TubeSteak · · Score: 2

    You don't need extraordinary proof.

    Of course we need extraordinary proof.
    That's why Snowden's documents are so explosive. Finally! Proof!

    It's the basic bones of the NSA's charter.

    Then provide a link to the NSA's charter and quote the portion you think is relevant.
    Argument by Assertion is not an argument, which is exactly what I called out the GGP for.

    Of course our intelligence operations will continue to try to learn what other governments are up to, just like they do to us and everyone else.

    I'm talking specifically about spying on Heads of State,
    so if you're saying that other governments are tapping Obama's cellphone,
    don't even bother to hit reply, call your local FBI field office and give them your proof.

    --
    [Fuck Beta]
    o0t!
  97. Re:For the last time, he is no hero by sjames · · Score: 2

    Here

    Remarkably, during the post-interview analysis show that streamed on the web, NBC News anchor and correspondent Andrea Mitchell said in April 2013 he sent the one email to the General Counsel, which he talked about. She then acknowledged the NSA could be covering up “other emails” and Snowden could be right—that there is a “paper trail” showing he made “multiple attempts” to take his concerns to superiors.

    So tell me, what makes you so quick to believe an organization that has proven on multiple occasions that it is willing to lie to the people and directly to Congress (and then spy on Congress) over the person who exposed the whole debacle, particularly when his claims about the efficacy of going through channels has been corroborated by others known to have gone through channels?

    Well, yeah, he was caught holding the bloody knife standing over the body, but since he says the bystander never said 'stop', we'll just have to let him go."

  98. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    There aren't any 'Old Sayings' from the Game of Thrones. It's a modern work, not a classical work.

    Fine. I've got a new one: "Why are the leaders of the Democratic and Republican parties such vicious cunts? Who represents the Party of Tits and Wine?"

    (The answer is that we keep electing Democrats and Republican/Teahadists.)

    Snowden's worst crime - in the eyes of the establisment - was that he showed us what was going on. But that's where he stopped, and I'm glad he stopped there. He can't, and shouldn't, try to do it all. Pre-Snowden, Americans were dupes. Post-Snowden, Americans had what they needed to know to make an informed decision and to vote accordingly. If his fellow Americans are willing to take the gamble that comes from permitting a democractic government to employ the mechanisms of totalitarianism, they might get lucky and defy all historical precedent, and then again, they might not.

    As long as we keep electing Party officials, we'll get the Party's policies. If that's what we as Americans want, we deserve whatever the Party gives us. No tits or wine for us.

  99. Re:Ellsberg forgets a couple of things by Anonymous Coward · · Score: 0

    I doubt the governments got the documents.

    The government already had all information it needed. What NSA does is the responsibility of the government and if NSA fails to report what it does the government has to cut funding and shut it down.

  100. Re: Traitor by serviscope_minor · · Score: 1

    including wire fraud,

    Given that phones are now internet connected computers, pretty much everything down to jaywalking while on the phone could get you 10 years under the wire fraud laws.

    --
    SJW n. One who posts facts.
  101. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    Snowden could have chosen to leak his documents anonymously through a Congressman. Amash would have loved to blame Obama for evil. Wyden is always good on these issues. And he probably could have done so anonymously, because the NSA can't piss off Congress or they all get fired

    That'd be the same Wyden who already knew a lot of what Snowden revealed and felt he couldn't say anything because it was all classified? The same Congress that discovered they'd been lied to, openly, baldly and repeatedly, and did diddly squat because it was a high ranking member of the security state who did it?

    Good one. Snowden did what he did because the entire US political structure has been subverted by the military to such an extent that there is nobody left who will hold them genuinely accountable. The press won't do it. Congress won't do it. The courts won't do it. The only guy left who will do it was a 30 year old former spy. That's what America is, now.

    That's another reason he better not turn himself in. He would be convicted of a felony and would not be eligible running for president once he's old enough for that.

    There will be no candidate standing in for the American constitution surviving the large parties' primaries in the next 50 years unless the spell is broken. Remember: Obama is a "constitutional lawyer" which should be the best starting point you can imagine, and look what he has turned out to be.

    It's sad that one has just one person with a conscience to work with in the U.S. political system, but that makes it more important not to waste him prematurely.

  102. Re:Trial by nurb432 · · Score: 0

    Idiot he admired his guilt in public. There is no need for a trial.

    If he claimed he was innocent, sure, give him a trial. Then if hes proven innocent by a reasonable doubt then let him go. If not, execute him ( that's what we do with traitors ). But he made no such claim, so the only thing left is sentencing.

    Execution is not murder, idiot.

    --
    ---- Booth was a patriot ----
  103. Re:Trial by nurb432 · · Score: 0

    1 He exposed no traitors. He 'exposed' people working to insure our safety.
    2 If he did, and they claimed innocence, then they get trial. If they claim guilt, then no trial.

    Simple enough for you?

    --
    ---- Booth was a patriot ----
  104. I find it funnny... by Anonymous Coward · · Score: 0

    ... how governments are portrayed as separate entities even though they are (should be) representatives of the people and WE the people give them such power.

    Why in the fuck haven't we taken it away from them and dictated some SANE laws for once in our goddamn history??

  105. Re: Traitor by Anonymous Coward · · Score: 0

    he can't be convicted of treason no matter how hard the Constitutional Scholar tries....

    Oh, sure he can be. Constitution monstitution, we have secret courts here.

  106. Re:Trial by king+neckbeard · · Score: 1

    You do realize it was controversial to execute the Rosenbergs, right? Executing Snowden is thus batshit insane by comparison.

    --
    This is my signature. There are many like it, but this one is mine.
  107. Necessity Defense by Nehmo · · Score: 1

    ... He is guilty. He admits what he's done. We can argue about what the law should be, but not what the law is. It's illegal to take classified documents...

    A legitimate defense to any accusation of a crime is the necessity defense. Basically, it means if you have to commit a smaller crime to prevent a greater wrong, then what you did is excusable and not even a crime. For example, if you have a passenger in your car who is bleeding to death, and while you are headed to the hospital you encounter a red light, legally, you can run the light and you would *not* be breaking the law.

    --
    (||) Nehmo (||)
  108. Re:Trial by jelIomizer · · Score: 1

    Idiot he admired his guilt in public. There is no need for a trial.

    There is always a need for a trial. Confessions mean little, especially in a case as complex as this.

    Have you considered that a jury may decide to use jury nullification? Have you considered that laws might be struck down as unconstitutional? Have you considered anything that might happen during a trial that would differ from simply executing him? Everyone needs a fair trial.

    Also, your definition of "traitor" is silly. I know he didn't betray me or the principles this country is supposed to stand for. What he did doesn't even meet the constitutional definition, unless you interpret it as being so broad it could be applied to anyone.

    Execution is not murder, idiot.

    Government thugs killing people (citizens) without trial is murder.

    Also, execution is morally wrong. That you advocate murder shows that you're an authoritarian asshole.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  109. Re:For the last time, he is no hero by EmagGeek · · Score: 1

    So there was ONE email, and then SPECULATION by Andrea Mitchell that there COULD have been others.

    That is not evidence that Snowden repeatedly attempted to blow the whistle on spying.

  110. Re:He's right, Snowden will never again see daylig by scotts13 · · Score: 1

    This. It really doesn't matter whether he's charged with treason, data theft, or jaywalking - or tax evasion, for that matter. He's upset the apple cart of the people who re-interpret the law, and if he's ever out from under the protection of a nation the USA can't intimidate, he'll burn for it.

  111. SPY by Anonymous Coward · · Score: 0

    Snowden is a spy alright. He is a spy FOR the Obama administration.

  112. Why should anyone get bail ... by johnlcallaway · · Score: 1

    ... that has proven to be a flight risk?? What, on his 'word' that he'll show up in court?? His personal guarantee that if the trial starts to go the wrong way, he won't take off again??

    Snowden will get a fair trial, and then be thrown in jail for the crimes he has already confessed publicly to doing.

    --
    I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
  113. Re:Trial by king+neckbeard · · Score: 1

    I'm not sure if I want a government agency that is spying on my every move having an insurance policy on me, as that would give them motivation to kill me, and the NSA is certainly not 'ensuring' our safety either, as we would be safer if they didn't exist.

    --
    This is my signature. There are many like it, but this one is mine.
  114. Re:For the last time, he is no hero by Anonymous Coward · · Score: 0

    Reporting, revealing, and refusing to take part in criminal activity is non-treasonous, lawful, and required by the military.

    In theory. In practice, they tried to have Hugh Thompson killed by putting him in the most dangerous places. When he retired from service, he got frequent threats, dead animals at his doormats and so on.

    Several decades after he saved about a dozen lives resisting the chain of command in the My Lai massacre, people started thinking about what message they want to project and gave him a medal.

    They bothered doing a trial on a single soldier for My Lai, for about twenty proven brutal uncalled for murders of defenseless victims. His penalty was immediately changed by presidential decree into a bit of house arrest to be served in his unit.

    Yes, they say that as a soldier you have the duty to resist criminal orders. But woe on you if you do. You'll be spit upon for decades.

  115. Why do the British papers report this, but... by Squidlips · · Score: 1

    all the local State-run media outlets seems to somehow miss this information?

  116. Of course Kerry is wrong. by Anonymous Coward · · Score: 0

    He's an idiot! The man knows nothing but what is told to him, he is incapable of independent thought.

  117. Re:prosecutions are done on law in place at the ti by drinkypoo · · Score: 1

    It's not just the spy bureaucracy. According to polls most of the American people do not approve of his actions. And this is a democracy, so that matters.

    Well no, it's an oligarchy, masquerading as a democracy.

    Snowden could have chosen to leak his documents anonymously through a Congressman.

    Not necessarily trivial. They weren't watching Snowden, but you can bet your ass that the NSA watches all congresscritters _very_ closely.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  118. Re:Ellsberg forgets a couple of things by drinkypoo · · Score: 1

    If the revelations were to cause a significant turnover in congress (like 100%) and the executive, I would consider him one of the greatest patriots of our times. If not, well, at least he tried. At least that's what I like to think.

    Snowden is a great patriot, it's the American people that are found wanting in the patriotism department. Got plenty of jingoism, though.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  119. Re:For the last time, he is no hero by grep+-v+'.*'+* · · Score: 1
    I'm sorry, I just have to:

    One of my favorite lines (gleaned from a post here as a matter of fact) is, do you really expect to win a rigged game by playing by the rules?

    "Certainly the game is rigged. Don't let that stop you; if you don't bet, you can't win." -- Lazarus Long

    Back on topic: "Snowden did not ... follow those [violation] processes."

    If you're afraid of following problem/complaint escalation procedures upwards, that sounds more of like an overall management problem to me. (Now he still could have been stupid, lazy, not cared, or just a troll out to get attention; but at this point I'm more than willing to give him the benefit of the doubt here.)

    --
    If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
  120. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    Pretty much the only thing he's revealed that most Americans actually care about was the mass surveillance on US Citizens, and a lot of that was oversold.

    You are pointing to a discredited article written just as the Snowden revelations started to come out. Really?

  121. Re:For the last time, he is no hero by sjames · · Score: 1

    Actually, Snowden (the one who has yet to be caught in a lie) says there are more. The NSA (the guys who have lied repeatedly to anyone and everyone, even under oath, and spied on anyone and everyone including Congress) claims that's it. How many gallons of cool aid do you have to drink to find the NSA more credible?

  122. Re:For the last time, he is no hero by ScentCone · · Score: 1

    Snowden (the one who has yet to be caught in a lie)

    You mean other than, just for starters, the lies he told his co-workers in order to get their system credentials? Or the fundamental lie that he told as he swore not to divulge classified information to places like China and Russia? He was lying on that most recent job from the moment he sat down, never mind when he started harvesting other people's passwords so he could gather all of that classified info he's spreading around.

    --
    Don't disappoint your bird dog. Go to the range.
  123. Re:prosecutions are done on law in place at the ti by ScentCone · · Score: 1

    so if you're saying that other governments are tapping Obama's cellphone, don't even bother to hit reply, call your local FBI field office and give them your proof.

    It's agencies like the NSA that - among other things - are tasked with making internal US government communications a lot harder to hack than a lot of other countries' systems are. But if you think for a second that dozens of intelligence agencies around the world don't make every effort to get inside info on communications between US government officials (from agency staffers right through the military and up through the administration to the top) then you're absolutely clueless. You're confusing "ARE tapping Obama's cell phone" with "would LOVE to be tapping Obama's cell phone given any means and opportunity to do so."

    --
    Don't disappoint your bird dog. Go to the range.
  124. Re: Traitor by Anonymous Coward · · Score: 0

    To a creative prosecutor, there are crimes that I'm sure you are guilty of too citizen.

  125. I cannot get out of BETA for this story by Anonymous Coward · · Score: 0

    I cannot get this to load with the classic view. Only BETA comes up even after switching to classic and doing the ?nobeta=1 thing! I've about had it with this interface.

  126. Snowden is not a "whistleblower" by Anonymous Coward · · Score: 0

    There is a process to follow. Releasing classified information and then running to Russia is not in the procedures.

    1. Re:Snowden is not a "whistleblower" by Kazoo+the+Clown · · Score: 1

      There is a process to follow. Releasing classified information and then running to Russia is not in the procedures.

      We've been over this. Binney followed the process. Drake followed the process. Wiebe followed the process. They were persecuted for their trouble. Snowden knew this and knew better. He did EXACTLY the right thing given the circumstances. Tyranny always comes waving the flag.

  127. Re:Trial by fustakrakich · · Score: 1

    He 'exposed' people working to insure our safety.

    :-) Yeah yeah, pull the other one.

    --
    “He’s not deformed, he’s just drunk!”
  128. Re:prosecutions are done on law in place at the ti by ex0duz · · Score: 1

    If the polls are true, then it's a shame that that the U.S public are so easily distracted by Edward Snowden and they know so little or care so little about holding the NSA and it's actions to the law. When people like Clapper can lie directly to congress and nothing happens, when the NSA can shit all over the constitution and do mass surveillance of ALL the world(which obviously includes all US citizens), store ALL data/communications for years('metadata', contents of phone calls/emails/search histories etc etc), and nothing happens, then that's a damn shame and it shows that the 'American people' cannot be trusted to hold their politicians and police state accountable to the law of the land. If it's not the American peoples fault, then the blame can be put on the mainstream media, who has completely failed to also hold the government and authorities to account. They are more focused on Snowden and basically are just a mouthpiece for the government/3 letter intelligence agencies these days, they have basically lost all credibility in my eyes. Only people like Greenwald and sites like the Guardian are worth anything these days. The NYT even is pretty shit these days, or perhaps they've always been in terms of 'us vs them'(as in U.S.A vs the world) or 'foreign policy issues' rather than purely domestic issues.

    And how exactly does the American people see him as Putins puppet? It was/is the U.S state department etc that revoked his passport and forced him to stay in Russia. Snowden wants NOTHING more than to return home to the U.S to 'face the music' and have his day in court, but like he said(and as we all know based on Mannings treatment and also from Snowdens lawyer and Ellsberg too), there would be no chance for him to have a fair trial and there will be no justice to be served. This is a shame, and it should be what everyone is focused on, rather than Snowdens motivations, whatever they may be. But like i said, even if he comes back now, he will not even be given a chance to explain his motivations for doing what he did, just like how they gagged Ellsberg in his trial and in Mannings trial(he was already found guilty before he could even say anything). So if you are right and it 'looks bad' for Snowden because he's in Russia, then i guess that worked out well for the U.S.

    So sad that people fell so easily for the inevitable smear campaign against Snowden since that was basically the only hand they had to play.. it's basically nothing more than a distraction while they hope for the public to 'forget' about them shitting on the constitution, not enforcing the rule of law(Clapper lying to congress, torture being used and officially condoned, Guantanamo), etc etc.

    When the U.S and the relevant officials 'face the music', the rule of law is restored(Clapper facing the music, guantanamo and the rest of Bush/Cheney etc facing the music for torture etc) and Snowden has a chance of a fair trial, then perhaps i will consider him as anything less than rational and a U.S patriot. Until then, the issue of Snowden himself being prosecuted is nothing of importance when compared with the greater threat of the rule of law and the constitution being shit all over on by politicians and the intelligence community running rampant, where not even the Senate Intelligence Oversight Commitee seems to know what is going on(Feinstein even said that they had no idea about them spying on the heads of state of US allies, and this apparently also included the president himself if Feinsten was to be believed, which would either make them ignorant/daft/useless and/or it would mean that the NSA etc are also playing the oversight committee and congress for fools and means they are running rampant with no real oversight). And this is only talking about domestic US law and not even talking about international law..

    --
    All these moments will be lost in time, like tears in rain..
  129. Trial by laie_techie · · Score: 1

    Our judicial system is to judge based on existing laws. New laws come from the legislative branch (separation of powers and all that). The most a court can legally do is to rule a law unconstitutional. Snowden broke the law. He talks about civil disobedience back in the 1960s, but there's a big difference. Back then participants were willing to accept the consequences of their actions in the hopes of bringing about change. Snowden thinks the consequences of the laws he admittedly broke are too harsh, but would consider turning himself in for "a little jail time". Mr. Snowdern, which is more important: informing the public about the egregious acts of the federal government or saving your own bacon?

  130. Re:prosecutions are done on law in place at the ti by MobyDisk · · Score: 1

    Which is why calls were 100 to 1 against telecom immunity in 2008

    Really? Do you have a source for that? I was one of those 100 callers, but I felt very alone. I could get geeks riled-up about it, but most people around me seemed to think that the government could do whatever they wanted. Perhaps those people just didn't call. Even if the calls were 100 to 1, I think public sentiment overall was in favor of telecom immunity.

  131. Was Kerry wrong? by roc97007 · · Score: 2

    Or was he simply lying?

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  132. Re:For the last time, he is no hero by sjames · · Score: 1

    He has never lied to me or to you. The NSA has, repeatedly.

  133. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    Bolivia, not Ecuador. just saying... If I had typed "Chicago, California" instead of "Chicago, Illinois" you guys would be writing letters to your Congresscritters demanding a formal declaration of war against me.

  134. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    You're assuming that the NSA and their new apparatus would play fair with the existing three branches of government.

    They won't, because they're an unconstitutional fourth branch of government that now has no checks and balances. All they have to do is declare something a security risk, or claim someone is a terrorist, WITHOUT PROOF, and that's it. Fair trial? No hardly. All testimoony would be sealed as it's a security risk that none of us is capable of hearing. If the law doesn't do what they want, they'll hold you in Guantanamo until a new law is passed that's more favourable, and *boom* /then/ they'll convict.

    If they can lay hands on you, you're in jail forever.

    Clearly, we're not a democracy anymore.

  135. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    While I don't disagree with your poll assessment about American's disapproving of his actions, I'd have to ask how many of those polls ask questions about what they know about his revelations.

    Right after the NBC special last week, it was running about 2 to 1 IN FAVOR of Snowden... clearly people who watched the hour he was on, and perhaps part of the panel discussion following.

    It would also be nice to have asked the respondents if they approve of the US Government having illegal access to their phone records, emails, and browser history.

    What do you think the public's answers to those questions would be?

  136. Snowden is not the problem ... by CaptainDork · · Score: 1

    The real problem is the lack of security on the part of the government. They should have learned a lesson from Manning in that access privileges to sensitive information needs to be limited. Both Snowden and Manning simply walked in, got the goods, and walked out. Government needs to shut the doors. While I'm concerned about rights, I am also concerned about competency.

    --
    It little behooves the best of us to comment on the rest of us.
  137. Re:prosecutions are done on law in place at the ti by whistlingtony · · Score: 1

    1. I want to join this Tits and Wine party.

    2. Congress has a 10% approval rating. Yet all of the congressmembers that were up for relection got reelected. Less than 50% of the US population votes. We have no one to blame but ourselves.

  138. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    A comment on the first two paragraphs: horse hockey. Meadow muffins.

    Bullshit.

    The polls i see, not from Faux "news", show Americans at 59% to 41% approving of Snowdon. And no, people do NOT "approve" of the mass collection, aka Big Brother style spying. This is the level that the former Romanian dictator could only dream of.

    Go read what Ellsberg says. And perhaps you might read wikipedia, or something more reliable, on just who Ellsberg is.

              mark

  139. Re:Trial by oh_my_080980980 · · Score: 1

    Yo ass munch, he'll go to jail for the rest of his life. But I guess the fact he won't receive a fair trial doesn't bother you.

  140. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    Pissed of does not quite cover it. Hierarchy is important in Germany and you 'dismissed' that fact. Every country/culture has sensitivities that are not easily forgotten.

  141. Re: Traitor by Anonymous Coward · · Score: 0

    I'm sorry but not everything he did was right.
    1) let the American people know our own government is spying on us - fine
    2) let the world know which countries our government is spying on - not fine. that's the job of the NSA, CIA etc

  142. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    > Its a Constitutional Democracy. So what the mob thinks doesn't make it right.

    Right, only the lawyers can decide that here.

  143. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    And for having the president of Ecuador's plane forced down because he might have been carrying Snowden on board.

    Just a nitpick: It was Bolivias president airplane.

  144. Re:Trial by nurb432 · · Score: 1

    I agree that the NSA has over stepped its bounds in several cases, but even if criminal, i dont consider them traitors. Misguided, out of control, etc, but *not* traitors.

    But the topic was about Snowden, not the NSA, who i do consider a traitor and should be treated as one. He may not think he is, but the crimes he committed, and admitted to, were the classic definition of being one.

    --
    ---- Booth was a patriot ----
  145. Re:Trial by laie_techie · · Score: 1

    Yo ass munch, he'll go to jail for the rest of his life. But I guess the fact he won't receive a fair trial doesn't bother you.

    He knew the law and the proscribed punishment before breaking it. You are free to choose your actions, but you aren't free to choose the consequences thereof.

    I don't know if Snowden will get a fair trial or not; I don't even know if that's possible given that he publicly admitted to his crimes. I don't know what a fair trial in his case even means. If he broke a law with a mandatory minimum of 10 years in prison, then he should spend at least 10 years in prison. If you can't do the time, don't commit the crime. He used social engineering to hack into a system he didn't have rights to, stole a boatload of confidential data, then released it.

  146. Re:Trial by king+neckbeard · · Score: 1

    Snowden is a traitor to the government, but not the people. The NSA are traitors to the people.. I don't care at all about being a traitor to the government, and you shouldn't either.

    --
    This is my signature. There are many like it, but this one is mine.
  147. Re:Trial by nurb432 · · Score: 1

    I think he is both.

    --
    ---- Booth was a patriot ----
  148. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    It's not just the spy bureaucracy. According to polls most of the American people do not approve of his actions.

    Which is why calls were 100 to 1 against telecom immunity in 2008, from across the ideological spectrum. Because if there's one thing a majority of Americans want, it's corrupt unaccountable Big Brother spying on the entire planet. And that's before getting to the naked hackery of NBC's polling. You run a poll asking 'do you support Snowden taking classified documents to Putin's Russia?!?!?' and are surprised at the results? How about 'do you support whisteblowers when they reveal top officials breaking the law hundreds of times a second every day of the week'?

    Dude, welcome to fucking politics. If you were right, and the American people were so far behind you that they didn't care what he told Putin, the poll wouldn't say what it said. Most American people simply aren;t true believers. They'll default to "I am an independent thinker, therefore I must oppose some of what Snowden does and support the rest."

    Moreover they tend to be extremely confused about basic facts:

    Spying on people like Angie Merkel is the entire reason we instructed our Congress to spend $30-$40 per person on an NSA. Period. End of story. Do not pass Go, do not collect $200.

    Is this perfromance art, or did you bring enough hallucenegic drugs for everybody? Cuz you're on some mighty powerful acid if you're seriously suggesting we need to spend hundreds of billions to tap the personal communications of our closest allies.

    You sure you ain't on acid?

    The NSA budget is $11-12 Billion in total. Even assuming you meant a 10-year budget window, and that all the money went to tapping her phone, we're nowhere near $200 Billion.

    It doesn't help that he ended up in Russia.

    It doesn't work to blame Snowden for ending up in Putin's Russia when it was Clinton's State Department who canceled his passport on his way to South America. And for having the president of Ecuador's plane forced down because he might have been carrying Snowden on board.

    And if he was a little bit smarter he probably never would have gotten on a plane to Russia.

    Like many people who oppose one of America's policies, he apparently divided the world into two camps. As an anti-American he thought Putin would protect him for a few hours. That turned out to be total BS. He'd have been a lot better off flying direct to someplace in Latin America, where anti-American political leaders would have protected him without using him.

    I'm not arguing he had good options. But his bad options all flowed from his initial decision to flee to an oppressive state in the wrong hemisphere, where he revealed the info via the media.

    Under our system of Checks and Balances Congress should have been his first try. If he's going some country besides the US it's up to him to understand that all those countries are full of real human beings, who are just as complicated as white Americans, and therefore their politics will be exactly as complicated as the BS that goes on in DC. Which means that an anti-American government activist depending on their goodwill had damn well better know exactly how all political actors in the country will act.

    And if he fucks it up (as he did by assuming the Chinese would protect him, and risk their exports; or by assuming Putin would ignore a revocation of his passport), it's on him. He took the risk and he lost.

  149. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    "NSA Charter?" Where are you from? In the US the only organizations that have charters are cities. The NSA is authorized by a combination of statutes passed by Congress, and Executive Orders signed by various Presidents. There is no charter.

    I'd guess you're not from the UK because you refer to Merkel as a "Head of State." She isn't The Germans have a system similar to the British/Canadian/Irish/Indian etc. system whereby there's a powerless head of state (in Germany's case President Joachim Gauck), and a powerful Head of Government (Merkel) who does all the actual work.

    As for the equivalent of the NSA charter: the NSA is a Signals Intelligence Agency. That means they get information (both licitly and illicitly) by tapping other country's signals.

    Merkel is a Head of Government, therefore tapping her phone is, indeed, the NSA's entire job. It is a signals intelligence agency. Her conversations are intelligence, and her phone communicates via a system of electronic signals.

  150. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    Snowden chose to be the guy whose face was ion these press releases. he chose to do it from Hong Kong. I honestly can't figure out why in God's name he thought Hong Kong would be a good place to do this (it's not like the Chinese are going to want an information freedom activist inside their country), but he chose to do that. Then he ended up in Russia.

    He's playing the geopolitical game, it's not necessarily his fault that he lost this fight, but it is definitely his fault that he chose a fight he could not win.

    BTW, has it occurred to you that the people actually stopping him from getting on the flight were all Russian? If Putin's people wave him through regardless of his US Passport then he's safe in Cuba.

  151. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    It doesn't work to blame Snowden for ending up in Putin's Russia when it was Clinton's State Department who canceled his passport on his way to South America. And for having the president of Ecuador's plane forced down because he might have been carrying Snowden on board.

    You do realize that there's no angels who come down to heaven and smite countries that let you fly without the proper paperwork? So if Putin just told his airline that they "accidentally forgot" to scan Snowden's passport Ed would be in Cuba today?

    In other words Clinton may have signed the paper Putin used to rationalize keeping Snowden as his pet, but Putin's the one who decided he wanted a Snowden pet.

  152. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    The bill of rights only protects US Citizens from searches. It doesn't protect Angie Merkel.

    Which means that his status as Bill of Rights hero is irrelevent to the question "Is revealing a tap on Angela Merkel's phone illegal?"

  153. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    Dude,

    Don't be intentionally stupid.

    The NSA is a Signals Intelligence Agency. that means it's entire job is to tap the signals of foreign states, and other actors who can affect US policy. As a Head of Government that is Angie Merkel, by definition. If you have a specific US Statute that says allied countries don't get spied on then feel free to quote it.

    Since no such statute exists, the statutes authorizing the NSA (by definition) require it to spy on people like Angie Merkel.

    Note: treaties are irrelevant. A valid, signed, and ratified treaty can only affect the actual actions of the US Government if a) the President wants to obey the Treaty, and the Treaty is something the President can do on his own, or b) Congress passes a statute.

    If you have a treaty that specifically says, flat-out, no fucking spying ( as opposed to a treaty that bans abstract BS such as "hostile actions") then you have proven Congress were dicks for not passing a statute. You have not proven that the statute authorizing the NSA bans spying on Allied states.

    As for Merkel's reaction:
    Who cares?

    She needs the US National Security establishment because Putin just got ambitious, and Putin's buddies spied on her a lot worse then the NSA did.

    She could probably afford her own national security establishment, but doing something like that would require her to spend lots of money on things like Strategic Transport Aircraft, military relationships with Poland/Lithuania/etc., Strategic Bombers, etc. Since she's too cheap to do that shit, she's dependent on us, and we'll apologize profusely for the camers and then carry on spying as usual.

  154. Re: Traitor by mysidia · · Score: 1

    Quite correct; however, unfortunately, it is not admissable in court as a defense against a charge to show that a specific law is so ill-defined that 50% of the population has broken it in some way, shape, or form, in the past 10 years.

  155. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    Yeah, but nobody seriously argues over whether he committed a crime on Slashdot. They argue over whether he will be pardoned, so he can come home to a triumphal parade.

    And whether he gets that pardon depends on the poll numbers.

  156. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    I fully agree Congress sucks.

    But it's not like we're gonna get a Congress with a Green/Libertarian coalition running things anytime soon, so if Congress can;t be relied upon to act then Snowden releasing the data himself is simply foolish.

    Doing it himself really reduced the odds of success because it means he gets some of the credit for doing the job. Whether he deserves the credit is irrelevant, what's relevant is that the publicity whores we elect to run our governments are much less likely to support an idea if some other guy gets the credit.

    More importantly if he'd tried to go through Congress he still would have had the option of doing it himself. If Wyden sits on the data then it's still a scoop for Greenwald to get the story.

    He basically painted himself into a corner by fleeing to Hong Kong, which means he;'ll spend the rest of his life as the Czar's special toy and the NSA will continue more or less as-is,

  157. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    A white man? You're arguing the US Intelligence Establishment would kill a white man, with no trial? Has that ever happened before? I mean there are plenty of Native Americans, black guys, a bunch of Arabs recently, etc. But white men? Fuck no.

    I can see arguing that he'd be fired and arrested for spying, but it's really easy to get publicity for a white man being oppressed by Obama, and it's really hard to convict somebody for telling a Congressman on the Intelligence Committee stuff about US Intelligence.

  158. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    You think Indonesia's an ally? Google "Major-non-NATO Ally." Indonesia ain't on the list.

    If you got that fact wrong it shouldn;t be surprising your other fact is wrong. The Indonesia operation was at an international conference. On climate change, IIRC. We got a bunch of their phone numbers for future use. We don't spy for trade secrets.

  159. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    Here's the thing:

    Communicating with Wyden from a throw-away email address, using encryption, etc. would not actually have been harder then the shit he did to meet Greenwald.

    And then if he gets arrested, or fired, or any clue that the NSA is on to him the story is "NSA thwarts Congressman's investigation," which is a lot better then the current story ("Snowden performs tricks for master Vladimir").

  160. Re:prosecutions are done on law in place at the ti by drinkypoo · · Score: 1

    And then if he gets arrested, or fired, or any clue that the NSA is on to him the story is "NSA thwarts Congressman's investigation," which is a lot better then the current story ("Snowden performs tricks for master Vladimir").

    It's better for your sensibilities, not for Snowden's freedom. I reject the notion that he should have given up his freedom to make you feel better.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  161. Try working on your google skills or get a clue by dbIII · · Score: 1
    Try looking up a bit of history. I'll give you one guess what country financed the Indonesian President who ran the place from the 60s to the 80s - it starts with U and ends with an A. Three letters. Got anywhere yet? No - how about if I mention a guy called Ford that visited the place in 1975 on the day of Indonesia's invasion of East Timor, and the guy called Ford got his country (starts with U and ends with an A) to use it's veto in the United Nations to prevent any action being taken against Indonesia for that invasion.

    The Indonesia operation was at an international conference. On climate change

    That's not the industrial espionage of a cigarette company I mentioned above but a different operation. It tells me a lot about you that you appear to think it's justified because climate change is involved, but how about we get back on topic instead of dragging some luddite anti-science bullshit into the mix?

    1. Re:Try working on your google skills or get a clue by NicBenjamin · · Score: 1

      And now you try to get in a history fight. Cute.

      I'll simply note that a) North Korea went the other way, and it sucks even more then Suharto did, and b) this whole debate over shit agencies that are not the NSA did in an era before networked computers existed existed is irrelevant to a discussion of shit the NSA does with computer networks. And if you don't change your mind about the wisdom of trying to bring up shit like this, I'll prove that the general principle you espouse (ie: limits on Federal law Enforcement) would in fact be the major platform p[lank of any Fascist politician elected in the US. And I'll give historical examples. So far I've done this a half-dozen times on Slashdot, and I have yet to see somebody come up with a coherent response.

      As for your reading comprehension skills, what in God's name are you talking about with the clove cigarettes? Seriously. I used google. i found plenty of things regarding the climate change conference. I found some allegations that the Aussies spied on a law firm. But you seem to be making the whole "stole trade secrets and gave them to a US company bit" up completely.

      Even if you aren't, you haven't actually addressed my point. Even assuming you can get a non-crazy news source to say anything about "trade secrets" given to a US company, the Climate Change conference is a perfectly legitimate place to spy.

      BTW, I say that as a supporter of fixing Climate Change. If you read actual political science, instead of the paranoid delusions of people who can't forgive the US for being only half as evil as the Soviets in the 70s, you'd know that the major reason Climate Change conferences fail is that nobody really knows whether to trust everyone else. If the Chinese/Indonesians/etc. are gonna sign up, and then lie to the monitors, their businesses will all get rich while we get screwed. That means that if the US can honestly tell our allies "Don't worry about these two countries. Our super-secret spy data indicates they're negotiating in good faith. Worry about this third palce, which plans to sabotage the agreement by creating this specific loophole in the law..." we're much more likely to get the thing signed.

    2. Re:Try working on your google skills or get a clue by dbIII · · Score: 1

      what in God's name are you talking about with the clove cigarettes

      If you know so little about this topic why are you arguing with me about it? Try reading a fucking newspaper kid.

    3. Re:Try working on your google skills or get a clue by dbIII · · Score: 1

      If you read actual political science

      You appear to have been neglecting your studies in that area if your misconception of US-Indonesia relations is a reliable guide.
      BTW, what's with the climate change topic change distraction? Is that some debating trick you did recently in high school?

    4. Re:Try working on your google skills or get a clue by NicBenjamin · · Score: 1

      You mean the actual US-Indonesia relationship, or the one in press releases? Because the actual reaction seems to be a lot like Germany's. They bitch to the cameras to assuage the public that they too oppose the US Security State's over-reach, and then as soon as the cameras turn off they call begging for the US Security State to target the Chinese over the nine-dash line.

      If you don't want to talk about the political merits of climate change, and their relationship to spying, you probably shouldn't have brought it up. To quote you:

      It tells me a lot about you that you appear to think it's justified because climate change is involved

      All I did was mention the conference the relevant spying happened at. You're the one who decided that it was a good idea to turn that into a debating point. It's not my fault you apparently have no productive response to the point.

    5. Re:Try working on your google skills or get a clue by dbIII · · Score: 1

      Instead of just pushing out noise I suggest you use those google skills of yours and find that clove cigarette example I referred to so that you'll be informed in what you are writing about - among many other place it was in the New York Times FFS.
      I'm getting the very strong impression that you think political "science" is a real science and the study of climate is not. Are you really that sort of person? If so, why are you bothering people here pushing your Party line on a site with an engineering and science focus?

  162. Re:prosecutions are done on law in place at the ti by dbIII · · Score: 2

    We don't spy for trade secrets

    About ten years ago the Airbus versus Boeing case proved that a US government agency did spy for trade secrets and it was proved in a US courtroom.

  163. Snowden will get a fair trial. by RockDoctor · · Score: 1
    Every time that he launches a cowardly assault on his guard's boots with his face, he'll get a fair trial and another 15 years on his pre-trial remand time (of course he can't go onto main trial with outstanding trivial charges unsettled against him - that would be unfair!) ; every time he attempts to damage his guards manliness by swallowing his jizz, he'll be charged tried and convicted for sodomy (Chelsea Manning is going to "go down" on the same charges, I'm sure).

    Look, Snowden's trial will be perfectly fair. And if he has to live to 378 for it to start, well that's his problem.

    Sheesh - next thing you know you'll be complaining that it's not fair for people to have to pay for the electricity supplied to their testicle-mounted heaters. You have testicle mounted heaters, don't you - like it says in the NSA's "Human Anatomy for Faceless Automata Guarding Traitors" text book. That's where you plug the mains power in to warm them up if they're cold, or cool them off if they're hot.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  164. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    I always love it when anti-American paranoids bring that up.

    We have the biggest intelligence apparatus in the history of the human race. It leaks like a sieve (see: Snowden and Manning). It's broadly perceived by the entire world as being the kind of apparatus that would steal an actual trade secret (ie: the design of the new Playstation) to aid American companies (ie: Microsoft). Yet the only example any of you have of this actually happening is that one time they publicly exposed a bribe Airbus paid to a corrupt Saudi official. The rest is all ridiculous conjecture, generally based on the principle of "If they were really fucking evil, they could probably do this."

    Don't you think that if this kind of shit actually happened you'd have a second example? Preferably one from outside the aircraft industry, because aircraft companies are so intertwined with their governments that there really isn't a whole lot of difference between them? And really ESPECIALLY not involving the French, whose economic policy has been based on defending "National Champions" (like Airbus) with state power (like spy data) for decades?

  165. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    And then if he gets arrested, or fired, or any clue that the NSA is on to him the story is "NSA thwarts Congressman's investigation," which is a lot better then the current story ("Snowden performs tricks for master Vladimir").

    It's better for your sensibilities, not for Snowden's freedom. I reject the notion that he should have given up his freedom to make you feel better.

    I think you really just showed the reason why this whole campaign will fail. Snowden would prefer to live in a world where the NSA continues data collection, and he's not in US prison; to a world where he spends a few months awaiting trial.

    So he'll keep his freedom.

    If you can call it that.

  166. Re:prosecutions are done on law in place at the ti by drinkypoo · · Score: 1

    I think you really just showed the reason why this whole campaign will fail. Snowden would prefer to live in a world where the NSA continues data collection, and he's not in US prison; to a world where he spends a few months awaiting trial.

    That is a false dichotomy. In fact, the choice as far as his actions are concerned today is between a world where the NSA continues data collection, and he's not in US prison; and a world where the NSA continues data collection, and he is in US prison. Because there is nothing about a trial of Snowden that will be injurious to the US government. Evidence will be denied precisely as in the Ellsberg case (at least read the comments here on Slashdot if you cannot be bothered to familiarize yourself with the story otherwise) and even if he does manage to evade prison, no further revelations will be revealed due to the case.

    So he'll keep his freedom. If you can call it that.

    It sounds to me like you're bitter that Snowden isn't a magician who can wave a wand and save us all from our inattention and apathy. That's not how it works. At your age, which is clearly more than five, I should not have to explain to you that if you want magic in the world, you make it yourself — and not by howling for a trial which can only ever be unfair.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  167. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    I think you really just showed the reason why this whole campaign will fail. Snowden would prefer to live in a world where the NSA continues data collection, and he's not in US prison; to a world where he spends a few months awaiting trial.

    That is a false dichotomy. In fact, the choice as far as his actions are concerned today is between a world where the NSA continues data collection, and he's not in US prison; and a world where the NSA continues data collection, and he is in US prison. Because there is nothing about a trial of Snowden that will be injurious to the US government. Evidence will be denied precisely as in the Ellsberg case (at least read the comments here on Slashdot if you cannot be bothered to familiarize yourself with the story otherwise) and even if he does manage to evade prison, no further revelations will be revealed due to the case.

    *woosh*

    I just proved he had better odds of success by going through Congress. There is a 0% chance of a trial because there's no law against telling Congress things. If the US Government actually tries to charge him then he's gonna beat them in Court, and they'll have a whole mess of trouble not admitting what they're doing in the public record of the trial proceedings.

    Which means that the choice before him was superior odds, and going through Congress, or inferior odds and going through the media. He went through the media, largely because he did not understand that the Constitution precludes the trial he feared.

    So he'll keep his freedom. If you can call it that.

    It sounds to me like you're bitter that Snowden isn't a magician who can wave a wand and save us all from our inattention and apathy. That's not how it works. At your age, which is clearly more than five, I should not have to explain to you that if you want magic in the world, you make it yourself — and not by howling for a trial which can only ever be unfair.

    What's more magical:
    The idea that if you tell Congress things, they may theoretically do the right thing; or the belief that if you tell the media things (and the media tells Congress), then Congress will do the right thing?

    Hell what's more magical:
    The belief that Snowden would be arrested for talking to Congress, despite the fact there's no statute against talking to Congress; or the belief that Snowden would be arrested for talking to the media (and most law enforcement thinks there's statutes against that).

  168. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 1

    You do realize that there's no angels who come down to heaven and smite countries that let you fly without the proper paperwork? So if Putin just told his airline that they "accidentally forgot" to scan Snowden's passport Ed would be in Cuba today?

    Nice squirrel, but that does.....what to prop back up the Big Lie that Snowden chose to end up in Russia?

    In other words Clinton may have signed the paper Putin used to rationalize keeping Snowden as his pet, but Putin's the one who decided he wanted a Snowden pet.

    Ah, "pet". You forgot to include "traitor" in the list of required junk authoritarian talking points. Short of Putin putting Snowden on a Russian navy fleet chartered for Havana, it's going to be somewhat difficult for him to get to South America when the U.S. has shown how far it's willing to go to get him. But I'm sure Puting declining to spend tens or hundreds of thousands to fly Snoden pro-bono is still Snowden's fault. Somehow.

    So, have you always been a fan of corrupt hypocritical authoritarianism, or just since Obama was elected?

  169. Re:prosecutions are done on law in place at the ti by drinkypoo · · Score: 1

    I just proved he had better odds of success by going through Congress.

    No, you didn't.

    There is a 0% chance of a trial because there's no law against telling Congress things.

    He would have to admit to a congresscritter that he had illegally accessed confidential information. I don't trust those guys as far as I can crap them.

    What's more magical:
    The idea that if you tell Congress things, they may theoretically do the right thing; or the belief that if you tell the media things (and the media tells Congress), then Congress will do the right thing?

    Again, you are incapable of anything better than logical fallacy. This is yet another false dichotomy. There's also the idea that if you tell the media things, and they tell the public things, that the public may force the government to do things about those things. History tells us that the government only works in the best interest of the people when the people actually make it do that, so while it's not a sure bet it's still the best bet.

    Hell what's more magical:
    The belief that Snowden would be arrested for talking to Congress, despite the fact there's no statute against talking to Congress;

    The belief that you would exercise some reading comprehension ability is the most magical of all. Now go back and reread my comments in this thread until you understand that I suggested that the NSA is watching congresspeople (on average) more closely than they're watching media contacts (on average), or at least they were. There's the possible mechanism for his arrest due to communication with congress, which in the absence of strong protections for whistleblowers is a violation of federal law. Now address my comment, or admit that you're just blathering.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  170. Re:prosecutions are done on law in place at the ti by dbIII · · Score: 1

    Why is it "anti-American" to draw attention to out of control agencies being taken to task by less out of control portions of the State?

  171. Re:prosecutions are done on law in place at the ti by dbIII · · Score: 1

    Yet the only example

    You cannot count or pretending not to be able to - that is two examples so far in this thread alone.

  172. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    Nope.

    There's one. Boeing and Airbus. The "second" is something you apparently made up about clove cigarettes.

  173. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    You do realize that there's no angels who come down to heaven and smite countries that let you fly without the proper paperwork? So if Putin just told his airline that they "accidentally forgot" to scan Snowden's passport Ed would be in Cuba today?

    Nice squirrel, but that does.....what to prop back up the Big Lie that Snowden chose to end up in Russia?

    Nothing.

    This particular post isn't intended to prove anything about Snowden's choices.

    It's intended to prove that Putin is as much to blame for Snowden being stuck in Russia as Clinton is.

    In other words Clinton may have signed the paper Putin used to rationalize keeping Snowden as his pet, but Putin's the one who decided he wanted a Snowden pet.

    Ah, "pet". You forgot to include "traitor" in the list of required junk authoritarian talking points. Short of Putin putting Snowden on a Russian navy fleet chartered for Havana, it's going to be somewhat difficult for him to get to South America when the U.S. has shown how far it's willing to go to get him. But I'm sure Puting declining to spend tens or hundreds of thousands to fly Snoden pro-bono is still Snowden's fault. Somehow.

    So, have you always been a fan of corrupt hypocritical authoritarianism, or just since Obama was elected?

    And now, since you have no idea how to respond to a post that indicates the United States is not the only evil country to ever exist, you insist I must be "authoritarian." As countries go we're far from perfect, but we're a lot better then most.

    I haven't said anything about Snowden's choices in this post. A "pet" isn't necessarily happy about being held captive, that's why they escape. Whether he likes it or not that's what Ed Snowden is today. And it's what he'll remain for the foreseeable future, because Putin clearly wants to keep him.

    As for Putin's choices, you do realize he has the second largest navy in the world Navy? Including carriers? And that it's very difficult to stop a commercial aircraft from flying through your airspace? Especially one that doesn't need to stop to re-fuel? What are you gonna do, kill 150 innocent passengers to skoosh Ed Snowden?

    Snowden's problems with using Morales' plane were two-fold:

    1) Bolivia is poor, so Morales plane did not have the range to go all the way in one go. He had to stop in Europe to refuel. Italy, Spain, and France all refused permission. If it had simply been a matter of airspace Spain would have been irrelevant, because you can't get to Spanish airspace from Moscow without going through Italy or France.

    2) The French are (as pretty much always) playing a double-game. Publicly they'll condemn the hell out of the NSA. Privately their industrial policy is based partly on strategic industrial espionage, their foreign policy is based on having intricate (and intimate) relationships with a dozen or two former African colonies. This means they do a lot of fucking spying on fucking everyone. But they are also the designated America-skeptics, so last July they condemned PRISM. The day before Le Monde revealed that France had it's own PRISM program. This was all pretty embarrassing for the French, and it was July 4th or so. Morales plane had problems a few days before that. The French had to know Snowden's revelations would spread to their DGSE, so they had to be very unhappy with him.

    Generally the way the US abuses it's relationships is not by forcing countries to do things. They generally simply say "fuck you US" on principle. The way the US abuses it's power is by doing things, and then daring anyone to call us on it. This pretty much our entire relationship to Pakistan. OTOH, the French generally work indirectly through their allies. This helps them sometimes (ie: just try getting a non-French oil company into a former French colo

  174. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    The belief that you would exercise some reading comprehension ability is the most magical of all. Now go back and reread my comments in this thread until you understand that I suggested that the NSA is watching congresspeople (on average) more closely than they're watching media contacts (on average), or at least they were. There's the possible mechanism for his arrest due to communication with congress, which in the absence of strong protections for whistleblowers is a violation of federal law. Now address my comment, or admit that you're just blathering.

    Still as trollish as the last time we tangled, I see, Mr. Poo.

    That's a mechanism for the NSA to find out, and if you're naive enough to assume there are circumstances under which a WASPy white guy would be subject to extra-legal tactics in the US it could be a cause for concern.

    But it is not a cause for arrest, because to be arrested in the US you have to violate a statute.

  175. Re:prosecutions are done on law in place at the ti by dbIII · · Score: 1

    So you are calling me a lair just because you are ignorant of the subject matter?

  176. Re:prosecutions are done on law in place at the ti by drinkypoo · · Score: 1

    Still as trollish as the last time we tangled, I see, Mr. Poo.
    That's a mechanism for the NSA to find out

    There's nothing trollish about it whatsoever. That is the mechanism which I described in an earlier comment which you ignored and asked me to explain again. Either you didn't read my comment, in which case shame on you, or you didn't understand my comment, in which case buh on you.

    But it is not a cause for arrest, because to be arrested in the US you have to violate a statute.

    You mean sharing confidential information? Yeah, done and done. And for you, duh and duh.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  177. Why are you bluffing with no cards OR EVEN PANTS? by dbIII · · Score: 1

    How about Petrobras, Huawei and German communications companies then? Are Richard A. Clarke, Michael J. Morell, Geoffrey R. Stone, Cass R. Sunstein and Peter Swire wrong - yet you are somehow correct?

  178. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 1

    And now, since you have no idea how to respond to a post that indicates the United States is not the only evil country to ever exist, you insist I must be "authoritarian."

    You're insulting your own intelligence as well as mine with a straw man that pathetic.

    As for Putin's choices, you do realize he has the second largest navy in the world Navy? Including carriers?

    And the fact that he doesn't use that to transport Snowden to Ecuador pro-bono makes him as responsible as Obama for his current location on what planet? Try this again without the straw men or crap that's obvious nonsense the second it falls out of your mouth.

  179. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 1

    Bolivia, not Ecuador. just saying

    Thanks, got my destinations swapped around.

    If I had typed "Chicago, California" instead of "Chicago, Illinois" you guys would be writing letters to your Congresscritters demanding a formal declaration of war against me.

    Nah, I've spent enough time around Scandanavians to hear what you meant instead of what you said.

  180. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 1

    Some of the people throwing airplanes into high buildings did study and got starting their plans in Germany. I am not saying Germany is not an ally but things are not as straight forward as this.

    And some got flight training in Florida - when does Shock And Awe: Miami debut? And almost all of the hijackers were from Saudi Arabia, which the last time I checked was a muslim theocratic dictatorship sitting on top of a big pile of oil. Where's their Freedom Bombs?

  181. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    And now, since you have no idea how to respond to a post that indicates the United States is not the only evil country to ever exist, you insist I must be "authoritarian."

    You're insulting your own intelligence as well as mine with a straw man that pathetic.

    You accused me of being "authoritarian" because I pointed out the biggest authoritarian on the world stage was not doing something he could easily do, and I'm setting up straw men?

    Pot meet kettle.

    As for Putin's choices, you do realize he has the second largest navy in the world Navy? Including carriers?

    And the fact that he doesn't use that to transport Snowden to Ecuador pro-bono makes him as responsible as Obama for his current location on what planet? Try this again without the straw men or crap that's obvious nonsense the second it falls out of your mouth.

    It's interesting that you ignore the possibility that he could just put Snowden on a plane. Snowden has already paid for a ticket, so that would not cost him anything.

    Mr. Non-authoritarian, why are you claiming the US has sole responsibility for Snowden's location when Putin could fix the entire problem simply by telling somebody to forget to check the paperwork? Hell he could issue the paperwork himself. As a sovereign state Russia could issue travel documents to a gerbil. That's kinda the definition of being sovereign.

    Snowden is exactly where Putin wants him. This serves the US to an extent, because it discredits Snowden, but Putin is the one whose actually keeping Snowden in Moscow.

    BTW, blaming Hillary is exactly what all of Snowden;'s enemies want you to do. Anyone who thinks about it for 30 seconds will realize Putin is precisely as guilty in this as Hillary is, because if Vladimir Putin can ignore a solemn agreement not to annex Crimea why can't he ignore paperwork issued by the State Department? He's Vladimir fucking Putin, dictator of all the Russias, not Angie Merkel, head of the co-operative committee of Law-Abiding Northern European Politicians.

    Which means anybody who thinks about your posts for 30 seconds is gonna conclude that either you are a)irrational on the issue, or b) in Putin's pay. Neither one is a convincing argument that the US should start be nice to Ed Snowden.

  182. Re:Why are you bluffing with no cards OR EVEN PANT by NicBenjamin · · Score: 1

    Are you going to link to some of these things?

    I've heard people claim Petrobras as an example before, but a) Petrobras is a state-owned entity so it's a perfectly valid target for the NSA, and b) nobody's willing to link to the actual evidence that we used our info on them to help a private us corporation.

    What I've seen so far is exactly what I'd expect to see if a major, controversial, country was not spying on other people's corporations for the benefit of it's own corporations: lots of people saying "this clearly happens all the time," lots of other people who generally support the major country's opponents asserting "it happened in this case, but I refuse to post evidence because you can google it" despite the fact google shows no such info, and almost no hard evidence that any private US Corporation ever received anything from the NSA.

  183. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    And you still don't quote a statute, because you don't actually have a statute.

    It's not illegal to share classified information with anyone with the proper security clearance. It's that simple. If I have a Top Secret clearance as a DoD analyst, and my wife has a Top Secret clearance from her work in the CIA, it's perfectly legal for me to give her anything I am allowed to see. Lots of Congressman have that clearance because they are on the committees that oversee classified crap, which means they have to be allowed to read it.

    As for the rest of Congress, again oversight of intelligence agencies is their entire fucking job. A law that said you can;t snitch on said agencies to a Congressman would be obviously unconstitutional. Which is why you can;t name the statute that says Snowden could be legally sanctioned for snitching to Congress.

    Are you gonna come up with a statute, or are you just gonna puff out your chest and scream BS again?

  184. Re:Why are you bluffing with no cards OR EVEN PANT by dbIII · · Score: 1

    I gave you far more examples than you asked for but you just have petty excuses. Did you really study history? I seem to be doing better than you here as just an engineer that bothers to read a newspaper instead of ignoring the world.
    Where is your apology for calling me a liar over the clove cigarette thing that was widely printed internationally? Your closest source is probably the New York Times since it's on their web page.

  185. Re:Why are you bluffing with no cards OR EVEN PANT by dbIII · · Score: 1

    Are you going to link to some of these things

    You didn't bother to link stuff to back up your assertions when you went as far as calling me a liar but I'm supposed to? Put aside those high school mass debating tricks and remember that you are supposed to be grown up now and have other resources at your disposal.
    blockquote>nobody's willing to link to the actual evidence

    Nobody? There was an inquiry and I helpfully named the prominent members for you above - providing the information of that for you directly instead of making you chase links everywhere.

    Besides it's very clear that you are bluffing so I just have to state facts instead of convince someone who already knows about them but is pretending not to.

  186. Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

    Don't you see it as somewhat pathetic that due to blindly following a party line you have lost in a "history fight" to an engineer? Get your head out of the sand, stop relying on being spoon fed and look the world for yourself. That military history stuff you wanted to be spoon fed is in the fucking library and if not there are interlibrary loans, conference papers etc. A degree is supposed to teach you how to learn and not be an endpoint.
    What the hell brings a guy that thinks "have you ever read political science" is some sort of insult to this place in the first place (I suspect I read a textbook on the topic thirty years before you were born although I never formally studied the topic and find it a bit depressing currently to be honest). Are you some sort of "social media" worker paid to stir up trouble? What's with the denial of items that were major news stories internationally? What is motivating you so much that you do not are that your are making yourself look incompetent in your chosen field of study? Is it Soviet style revisionism in the hope that somebody in The Party will give you a plum job as Commisar?

    1. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      You want links to any of my assertions I'll be happy to provide them. It's fairly trivial to find most of the info. A simple google of "National Champions" leads directly to the policy of dirigesme. It's not quite as bad as it was during the 30 glorious years, but it's still impossible to conceive of the French coming across something important to AirBus and them not telling it directly to AirBus. The whole point of the system is they're too small to win if they don't have everything (including their spy agencies) working together.

      An equally simple google turns up numerous PoliSci works indicating transparency leads to peace, if everyone knows what everyone else actually wants it's much easier to get to an agreement. Here's one book. That actually goes to a page stating that if Germany had known how the Brits would actually react to their invasion of Belgium, then it's likely WW1 would have been completely avoided. It does not say how this information was to be obtained.

      Your problem seems to be you read the papers, and take them at face value. You don't understand that if we actually cheated half as much as people say we do in papers, the Germans would not prefer us to Putin. So they don't read those articles carefully. Then they half-remember said articles, and repeat them on the internet.

      As for my being in the government's can, re-read some of my posts on this thread. I have explicitly stated that Snowden will never be kidnapped from Russia because he's white. If you'd think about what I'm saying for 10 seconds, instead of mindlessly repeating drivel you clearly don't remember (otherwise you could link to it) you'd note that I just called the government racist.

      Still waiting for a link from you.

    2. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      Damnit, dirigisme was supposed to be a link to:
      http://en.wikipedia.org/wiki/D...

      I hate HTML links. My typing skills suck, and I always forget to hit preview to confirm that the >s and s match up.

    3. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      A simple google of

      If you'd tried a simple google search about the industrial espionage incident I mentioned then you would have found one of the many news articles (several from front pages) that mentioned it and would have not have produced such ridiculous rubbish as some of your assertions above.

      Your problem seems to be you read the papers, and take them at face value

      As distinct from what - making shit up, denying reality and calling people who are aware of the world around them liars? It appears that you are taking a very childish attitude to the website and showing zero respect to the people who read it. I hope the "social media manipulator" gig pays well because you need some sort of recompense for being a useful little idiot.

    4. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      Still waiting for a link from you.

      Here, have 5,340,000 of them you pathetic little trainee Beria.
      http://www.google.com/search?q...

      So that's five examples of that industrial that "never happens" so far. I suggest you stop this disgusting display of denial. Your teachers would be appalled at what appears to be the idea the history is the self-serving story as written by the victors and not the actual path to victory.

      As for your link, is that some failed attempt to show off that you have actually read a book with long words in it some time in your life? It does not back up your argument about there being no industrial espionage and is a pretty flimsy justification at suggesting that it's all OK if it's government owned enterprises being spied on - which in some of these cases doesn't apply anyway (eg. a US law firm with an Indonesian tobacco company as a client). I find it very insulting that you are putting it forward as if I am unaware that most states have some involvement in private enterprise.
      So the only mystery here is why are you misleading people on this website? What brings a person with a political "science" focus that appears to think the study of climate is no science to a technically orientated website to mislead the readers here? Can you answer that one?

    5. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      Apparently you didn't read any of those articles. Industrial espionage is, by definition, spying on foreign businesses to help domestic businesses. In this case the US banned Clove Cigarettes, because they're cigarettes which makes them dangerous; but did not ban other cigarettes (especially Menthols) despite the fact those are dangerous. The Indonesian government (not a private company) sued and won in the WTO. The Australians (not the NSA) spied upon the lawyers Indonesia used, and then turned the info over to the NSA. So if your argument is "The NSA engaged in industrial espionage regarding Indonesian Kretak Cigarette companies," you're wrong on literally every point. It wasn't the NSA directly, it wasn't industrial espionage (because it was not intended to booster domestic industries), and the target was the Indoensian government (not the Clove Cigarette companies).

      If you want to show the US routinely engages in industrial espionage you;re probably gonna have to actually a) understand the definition of industrial espionage s extremely limited, and b) actually read your own sources.

      Of course we already knew your reading comprehension sucked. The Dirigesme link was the one that proved other states support their domestic industry a lot more then us. Given that spying is something all states do to one extent or another any state that supports it's industry strongly is gonna engage in some industrial espionage. It's not gonna be open, because it's espionage, but it will happen.

    6. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      I did google it.

      I did the exact google you suggested.

      But then I read them. And none of them provided any support for the assertion that 'the NSA engaged in industrial espionage on Indonesian Clove Cigarette companies.' It wasn't even close. By definition every single word in that sentence was actually wrong. The NSA was not accused of spying on anyone directly, rather the Aussies were and the NSA simply received the info. What they were doing was not industrial espionage, because it had nothing to do with finding out secrets to protect domestic industry. They were trying to win a case at the WTO, not find out the business secrets of some non-governmental for-profit corporation so they could give them to another non-governmental for-profit corporation. And they weren't spying on any companies. WTO disputes are between governments, which means they were spying on the lawyers for the Republic of Indonesia.

      In other words I;m not really calling you a "liar," I'm more calling you an amateur who doesn't understand the meanings of any of the words he's trying to use. You read the paper, absorb the general message ("US NSA Nasty to Indonesia in Business Dispute") and fail to comprehend that there are numerous ways to be nasty in a business dispute that are not technically Industrial Espionage.

    7. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      Apparently you didn't read any of those articles

      I looked at them but clearly do not need to read them, since I know it already you annoying and deliberately ignorant little shit. Fuck off with your disgusting little distractions from your "might makes right" and "anything can be done in the name of the King" bullshit.

    8. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      I'm more calling you an amateur who doesn't understand the meanings of any of the words he's trying to use

      What a tiresome little child you are. I suggest at least attempting to get your mental age to match that of your teeth.

    9. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      I get that you wish to mislead the readers here but you have still failed to mention why despite my repeated enquiries. Are you employed to do it but your employer failed to choose someone who fits in well with the demographic here?
      What on earth brings a young authoritarian revisionist historian political wonk to a technology discussion site?

    10. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      I fail to answer the question because it's a stupid question. I came here in the late 90s because I liked technology. I stay around partly because trolling trolls is fun, and partly because sometimes the trolls actually aren't trolls and have a point. So far you've failed to make a real point, because you seem to be incapable of admitting that, by the common definition of Industrial Espionage, there is no evidence the US engages in a significant amount of it. Given the way the US Security establishment leaks, it's very hard to believe this would be the case unless we did very little industrial espionage.

      Hell, let's turn this on it's head:
      You have admitted that you did not read any of the sources you link to to back up your assertions. I, who actually read your sources, pointed out they say the exact opposite of what you claim.

      By your own logic you are intentionally misleading the geek community, in an effort to prove the US Government is corrupt. How much is Putin paying you?

    11. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      I stay around partly because trolling trolls is fun

      It appears that you are a far slimier piece of shit than I suspected.
      That explains why you denied all that stuff that was global news and why you are baiting me by pretending that even Indonesian tobacco companies are in some way government agencies.

    12. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      So your definition of a "troll" is someone that pushes a view you disagree with, for instance someone that disagrees with your "might makes right" authoritarian view of politics?

    13. Re:Quite pathetic really - so why so pathetic? by NicBenjamin · · Score: 1

      Dude, Tobacco companies can't bring a complaint against the WTO. Indonesia can, but tobacco companies can't.

      As for why I think you're a troll, this post is an excellent example.

      You didn't actually include any information in it, exact to repeat your already disproven claim that the US spied on Indonesian tobacco companies. It's your second response to this post. Both included ad hominem attacks. Neither included any reasoning, or information.

      You're an ignorant idiot who sits in his PJs, and spends five minutes thinking up three flames every time I deign to respond to you. If I didn't get a kick out of logically proving that people like you don't know jack-shit about anything.

    14. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      It's clear that you are denying reality so just give up on your trolling. You have won your petty little mass debate game, take your points and go bait someone else while the rest of us attempt to have some sort of discussion involving logic and reality.

    15. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      Both included ad hominem attacks

      Shown to be correct when you admitted that you just come here to troll.

    16. Re:Quite pathetic really - so why so pathetic? by dbIII · · Score: 1

      and spends five minutes

      I'd have to be pretty slow to take that long given the lack of an attachment to reality in your posts. Even now you are still pretending that the industrial espionage I mentioned never happened and above you made light of the Supreme Court in Airbus vs Boeing as if it never happened.
      As for the other bit - so I'm a troll for reacting to being called paranoid and a lair? The world must be full of them then.

  187. Re:prosecutions are done on law in place at the ti by Uberbah · · Score: 1

    You accused me of being "authoritarian" because I pointed out the biggest authoritarian on the world stage was not doing something he could easily do, and I'm setting up straw men?

    Pot meet kettle.

    Like I said upthread, I wish I had a magic wand, so anyone flinging bullshit of a certain level of stupidity would reflexively mule-kick themselves in the balls. You're overqualified, since you're stuck on the fuckwittery that Putin's a bad guy because he doesn't spend a few million dollars to transport Snowden on a flotilla with nothing in return.

    Is there any limit on your willful stupidity? Not that it works - you've spent a whole lot of time blathering about Putin and Snowden but never got around to saying why everyone from Clapper to Alexander to Obama shouldn't be in prison for FISA violations. Cuz that's how you pathetic authoritarian hacks roll.

  188. Re:prosecutions are done on law in place at the ti by NicBenjamin · · Score: 1

    So now, not only are you setting up straw men, your entire argument is ad hominem.

    And, as usual, you;re ignoring the actual meat of the argument: that if Putin simply had his people ignore some paperwork he could let Snowden go on his way for free.

    I'd call you a hack, but I'm pretty sure you're trolling. Nobody could be this dumb on purpose.

  189. Re:prosecutions are done on law in place at the ti by Anonymous Coward · · Score: 0

    Small correction, we were founded as a Constitutional Republic, we use democracy as a tool. Other than that, good post.

    True democracy, to use a cliche, is 51 wolves and 49 sheep deciding whats for dinner. It is never what the founders of this country intended for what should be obvious reasons. Mob rule is tyranny. Because tyrants can sway an ignorant uneducated populace to do just about anything. Thats where the Constitution comes in, its a base set of rules that define what being an American means. The left, particularly progressives, in this country have done an outstanding job of taking the dolts it turns out through the DOE, and convincing them that we are a democracy and whatever the majority wants is whats right.

    Nothing could be further from the truth or intentions of the founders of the USA.