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'Citizenfour' Producers Sued Over Edward Snowden Leaks
An anonymous reader writes with this news from The Hollywood Reporter:
Horace Edwards, who identifies himself as a retired naval officer and the former secretary of the Kansas Department of Transportation, has filed a lawsuit in Kansas federal court that seeks a constructive trust over monies derived from the distribution of Citizenfour. Edwards ... seeks to hold Snowden, director Laura Poitras, The Weinstein Co., Participant Media and others responsible for "obligations owed to the American people" and "misuse purloined information disclosed to foreign enemies." It's an unusual lawsuit, one that the plaintiff likens to "a derivative action on behalf of the American Public," and is primarily based upon Snowden's agreement with the United States to keep confidentiality. ... Edwards appears to be making the argument that Snowden's security clearance creates a fiduciary duty of loyalty — one that was allegedly breached by Snowden's participation in the production of Citizenfour without allowing prepublication clearance review. As for the producers and distributors, they are said to be "aiding and abetting the theft and misuse of stolen government documents." The lawsuit seeks a constructive trust to redress the alleged unjust enrichment by the film. A 1980 case that involved a former CIA officer's book went up to the Supreme Court and might have opened the path to such a remedy.
Assuming he thought this through, does that mean the US law is against the people knowing what their government is doing?
Thank you, Bradley Manning, Edward Snowden and so many others, for courageously defending humanity, my freedom and more!
There must be something worth seeing in there.
Yet another self-obsessed legal "expurt" suing over a ham sandwich"
Horace Edwards, who identifies himself as a retired naval officer and the former secretary of the Kansas Department of Transportation, has filed a lawsuit in Kansas federal court that seeks a constructive trust over monies derived from the distribution of Citizenfour. .
Court: Does he have standing
Court looks
He hasn't been damaged, You must have some sort of injury, financial or physical, or whatever, to have any standing in a tort.
Court: Come back when you have standing, now go away and stop wasting our time.
The only "person" who can bring an action that has any weight behind it is the US Government, or some other person who has been directly harmed. That would be under the purview of the Justice Department or one of the armed services or someone who has suffered some loss that must be made whole.
Granted that I have a "GED in Law," but that's my best bet as to what's going to happen.
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BMO
those being taken to court are those who have committed crimes that have been exposed by Edward Snowden; ie members of the NSA, high ranking officials in the USA government, ... These are the very people who will not be prosecuted, they have many friends in high places who will keep then free. Many of these friends want to protect them so that they, in turn, will be protected when their crimes become noticed.
This reminds me of a SLAPP ("Strategic lawsuit against public participation").
Want to be a whistle-blower? You'll lose your job, possibly go to jail (or wind up in exile), and now face being sued for "fiduciary responsibilities".
It's easy to imagine this is just one guy working on his own, but it doesn't require a large tinfoil hat to imagine that he's getting help from high places.
America has never forced democracy on any country.
It has always forced its puppet dictators in by coup d'etat, and called it democracy.
I agree. Another frivolous lawsuit seeking money or fame. In reality, just another loser.
Aside from the question of standing, Snowden probably would have taken this oath before taking the NSA secrecy oath:
I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
His prior oath to defend the Constitution against all enemies, foreign and domestic, takes precedence in my mind.
Say, when there's a class action lawsuit, one can opt out and not participate, as far as I know.
Would it be possible to "opt out" of this one? I think it would be quite the statement if suddenly a sizable portion of the US population stood up and said that they certainly do NOT want to sue Snowden et al. But reserve the right to join a countersuit...
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Ah, but remember, it cost a lot to make a massively profitable movie look like it lost money. A small independent film might not have the resources to commit fraud on such a scale as the Hollywood guys do.
It's like Wall Street, the small player lacks the ability to rob people nearly as efficiently as the big players do.
Remember, this movie might not be a "major blockbuster", so there might not have been as much money allocated to the "hide the money" campaign.
Lost at C:>. Found at C.
Chelsea (Bradley) Manning is still serving her 35 year sentence in a military prison.