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Snowden Would Return To US If Government Guarantees Fair Trial (thehill.com)

An anonymous reader writes: Edward Snowden said if the government would guarantee him a fair trial, he would return to the United States. Snowden spoke via Skype from Russia on Saturday at the New Hampshire Liberty Forum, WTOP reported. "I've told the government I would return if they would guarantee a fair trial where I can make a public interest defense of why this was done and allow a jury to decide," Snowden said.

488 comments

  1. They might guarantee it... by Anonymous Coward · · Score: 5, Insightful

    But he still wouldn't get it.

    1. Re:They might guarantee it... by Anonymous Coward · · Score: 5, Informative

      That's Assange.

      This is Snowden.

      Different people.

    2. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Woah Snowden and Assange are the same person, who knew?

    3. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Perhaps you're confused....

    4. Re:They might guarantee it... by arth1 · · Score: 4, Funny

      That's Assange.

      This is Snowden.

      Different people.

      They're both Bradley Manning, didn't you know?

    5. Re:They might guarantee it... by Anonymous Coward · · Score: 2, Insightful

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN. We can't make up law according to the defendant. If you don't like the law we have now, elect someone else and have it changed.

      If he's making a deal to turn himself in, he can ask for things that the law allows but doesn't require. And the government can always say "No extra promises, we'll take our chances on being able to find you with an extraction team."

    6. Re:They might guarantee it... by Anonymous Coward · · Score: 2, Informative

      Bradley Manning is now trans-gender and is Chelsea Manning

    7. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Let alone the charges because of organizing 9/11. Anything else we can blame him for? Global Warning? Actually, that one would likely stick. More so than "Swedish rape" charges.

    8. Re:They might guarantee it... by Anonymous Coward · · Score: 5, Insightful

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN. We can't make up law according to the defendant. If you don't like the law we have now, elect someone else and have it changed.

      Oh, the fucking irony of your statement.

      Edward Snowden did what he did because those in power don't like the Rights we have now, and decided to ignore them.

      Given that fact, Mr. Snowden has a hell of a lot better idea as to the definition of a fair trial than our own government does, so I challenge you to now find someone who will provide a more accurate definition.

    9. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      That's what she wants you to believe.

    10. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      That's what the government wants you to believe.

    11. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      He will just get accidented before the trial.

    12. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      Aaron Schwarz begs to differ.

    13. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      I want to believe.

    14. Re:They might guarantee it... by Marginal+Coward · · Score: 4, Interesting

      Exactly. "Fair," in this context, involves the consistent and systematic application of the law to Snowden's case. The government is already required to do that, so asking for guarantees of fairness really doesn't mean much: they'll either follow the law or break it, regardless of what guarantees they make. "Sure we'll give you a fair trial, yeah, that's the ticket.."

      However, since he evidently doesn't agree with the law, he presumably would deem any consistent and systematic application of it to be "unfair." (BTW, wouldn't it be nice if all of us could ignore any laws we regard as unfair, especially with tax time just around the corner?)

      Therein lies his paradox: unless he is acquitted of all charges, he will believe he has been treated unfairly, ipso facto, QED, de gustibus non disputandum*.

      *I threw in some Latin here to make it sound lawyerly.

    15. Re:They might guarantee it... by Salgak1 · · Score: 1

      Unless you're Fox Mulder. HE wants you to believe in something entirely different. . . (inserting History Channel "Aliens" meme. . . )

    16. Re:They might guarantee it... by Salgak1 · · Score: 1

      Well, we can likely blame them for Waxy Yellow Buildup, the Heartbreak of Psoriasis, and all those other things they used to push product on daytime TV. . .

    17. Re:They might guarantee it... by NotDrWho · · Score: 5, Insightful

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN.

      I imagine he would define "fair" as in "not held in a secret/closed courtroom, with the press allowed to attend, with a jury of his peers, with his defense being allowed to actually see the evidence against him, etc."

      And, no, he's never going to get all that.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    18. Re:They might guarantee it... by BarbaraHudson · · Score: 4, Insightful

      Not necessarily. He has the defense of it being in the public interest, as well as his duty as a citizen to report criminal activity at an international scale.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    19. Re:They might guarantee it... by flopsquad · · Score: 2

      That decision would be appealed by the prosecution as well, but it might start a trend in how higher courts decide.

      Under US criminal law, the prohibition on double jeopardy prevents the prosecution from appealing a jury's decision to acquit*. So if, as you suggest, a nullification-inclined jury were the ones deciding, Snowden would walk**.

      *IANAML, so I can't speak to what the prosecution can/cannot appeal following the verdict in a court-martial under the UCMJ (if Snowden were to somehow end up before a military tribunal rather than a civilian court, even though he was a civilian contractor and not a member of the military).

      **On all counts on which the jury acquitted. There is nothing stopping them from acquitting on the most serious (probably espionage/treason related) charges, but finding him guilty of e.g. unauthorized access or misuse of sensitive information.

      --
      Nothing posted to /. has ever been legal advice, including this.
    20. Re: They might guarantee it... by tranquilidad · · Score: 2

      The sixth amendment to the U.S. Constitution:

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

    21. Re: They might guarantee it... by BarbaraHudson · · Score: 5, Insightful

      You are SO full of shit. The 6th amendment guarantees the right to a criminal trial, including the right to an impartial jury, the right to a lawyer, the right to know who your accusers are, and the right to a speedy trial:

      Amendment VI

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

      The 7th amendment is about civil cases.

      Pretty bad when a Canadian has to correct an American on their own Constitution. Then again, it does tend to happen a lot.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    22. Re:They might guarantee it... by jellomizer · · Score: 0

      Why would you say he wouldn't get a fair trial?
      A fair trial may indeed point out that he may still be guilty. Just because you don't like the outcome, it doesn't mean it was unfair.
      Manning: Was military personnel so the actions would fall under Military court.
      Assange: Doesn't seem to have any open arrest warrant for the United States.
      Snowden: Is a civilian contractor. So he would probably go threw the standard legal process.

      He admitted that he did leak classified documents.
      The court found what the NSA was doing was overstepping its bounds.
      Now it would be to the court to figure out if he was justified in doing so. Or did he have other options of bringing up the concerns. What a wide spread leek the justified action? Or could this have been handled more discreetly.
      From my point of view, he went all Drama Queen and took it overboard and turned a serious problem into a media spectacle. Other points of view is he needed to go that far because otherwise nothing would happen.

      But the thing is a Fair trial doesn't mean he isn't guilty, it just means they will weigh all the evidence.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    23. Re:They might guarantee it... by Hognoxious · · Score: 1

      Global Warning?

      OY! World! LOOK OUT!

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    24. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      That's Assange.

      This is Snowden.

      Different people.

      They're both Bradley Manning, didn't you know?

      Oh thanks that clears my confusion. I thought they were both Peyton Manning.

    25. Re:They might guarantee it... by ganjadude · · Score: 1

      2 words

      jury nullification

      --
      have you seen my sig? there are many others like it but none that are the same
    26. Re:They might guarantee it... by NatasRevol · · Score: 5, Insightful

      The government is already required to do that,

      And he showed that they do NOT actually do that.

      --
      There are two types of people in the world: Those who crave closure
    27. Re: They might guarantee it... by Lead+Butthead · · Score: 1, Troll

      The sixth amendment to the U.S. Constitution:

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

      ... which the US government has ignored on multiple occasions through out its history.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    28. Re:They might guarantee it... by Big+Hairy+Ian · · Score: 1

      But would Assange return to the UK if he was guaranteed enough publicity?

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    29. Re:They might guarantee it... by Anonymous Coward · · Score: 3, Informative

      He has the defense of it being in the public interest, as well as his duty as a citizen to report criminal activity at an international scale.

      He is accused under the Espionage Act. He is not allowed to defend or justify his actions. The judge is required to stop any attempt of him to do so and have them stricken from record. The jury is not allowed to take the merit of his actions into account.

      So no: he does not have this defense. That's what his statement concerning a fair trial is about.

    30. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Exactly. "Fair," in this context, involves the consistent and systematic application of the law to Snowden's case. The government is already required to do that, so asking for guarantees of fairness really doesn't mean much: they'll either follow the law or break it, regardless of what guarantees they make. "Sure we'll give you a fair trial, yeah, that's the ticket.."

      However, since he evidently doesn't agree with the law, he presumably would deem any consistent and systematic application of it to be "unfair." (BTW, wouldn't it be nice if all of us could ignore any laws we regard as unfair, especially with tax time just around the corner?)

      Therein lies his paradox: unless he is acquitted of all charges, he will believe he has been treated unfairly, ipso facto, QED, de gustibus non disputandum*.

      *I threw in some Latin here to make it sound lawyerly.

      Pacta sum servanda.

    31. Re:They might guarantee it... by Anonymous Coward · · Score: 2, Insightful

      He admitted that he did leak classified documents. The court found what the NSA was doing was overstepping its bounds.

      The catch-22 is that with the Espionage Act as it is currently written, his lawyer is not permitted to raise that second point. And the reason the law was written that way isn't actually so crazy, once you think about it.

      If the existence of the alien spacecraft in Area 51 (to use a ludicrous example) is classified, you cannot argue that the public has a right to know about the aliens in Area 51 in open court. To do so would require that the prosecution and/or its witnesses either confirm or deny the existence of said aliens. Under oath. In open court.

      Suppose you're the government's star witness in the case. "Mr. President, what's up with the aliens?"

      A1: "Well, they don't exist." Defendant is clearly innocent, goes free. (And now the witness has just committed perjury.)
      A2: "I will neither confirm nor deny the existence of any aliens." There remains reasonable doubt that the defendant actually leaked anything of value. Defendant goes free.
      A3: "They exist exactly as described in the secret document that the defendant leaked." Defendant is guilty. (And now the witness must be immediately placed under arrest for leaking classified information.)

    32. Re:They might guarantee it... by ugen · · Score: 1

      I would guess he wants a fair trail as in "not decided to convict him and throw him to the dogs before trial even started". That might be difficult now regardless of the laws on the books.

    33. Re:They might guarantee it... by ihtoit · · Score: 1

      you mean Bruce Jenner, right?

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    34. Re:They might guarantee it... by sjames · · Score: 3, Insightful

      Or, he might have acted well within the law and you disagree with it. He dropped a dime on the people who were (and still are) breaking the law.

    35. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      He knows that. This is just showing that the feds are full of it.

    36. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      Including the right to a speedy trial, generally 30-90 days.
      The govt already has all the info and case prep it needs.

      But he will be held on lockdown in indefinite detention for a decade as punishment under the guise of court motions and prepwork and building case, blah blah blah.

      fuck the govt.

    37. Re:They might guarantee it... by Hardhead_7 · · Score: 3, Informative

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN. We can't make up law according to the defendant. If you don't like the law we have now, elect someone else and have it changed.

      When Daniel Ellsberg leaked the Pentagon Papers, he posted bail and went on news programs. These days, you get thrown into solitary confinement for years before the government decides maybe it'll give you a secret military trial.

    38. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      How do you know an AC is American?

    39. Re: They might guarantee it... by The-Ixian · · Score: 1

      The sixth amendment to the U.S. Constitution:

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

      Damn government telling me what to enjoy or not enjoy now? Damn OBAMA!

      --
      My eyes reflect the stars and a smile lights up my face.
    40. Re:They might guarantee it... by BarbaraHudson · · Score: 1

      You're allowed to defend your actions. Plenty of those accused have.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    41. Re:They might guarantee it... by BarbaraHudson · · Score: 2

      You're also allowed to appeal a finding of guilt. Like here, where the appeal court ruled that they had been wrongfully convicted. And then there's pardons for convictions under the act, like the one Clinton gave on his last day in office.

      The really big question is, is the Espionage Act even constitutional?

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    42. Re:They might guarantee it... by fredrated · · Score: 2, Informative

      You, sir or madam, are both a fool and an ass.

    43. Re:They might guarantee it... by tnk1 · · Score: 4, Interesting

      Having said that, I think the government might have difficulty trying him under a process which is not transparent. It's not like they can state that the material that he purloined is still actually a secret.

      Admittedly, the US Government tells its clearance holders that they are not permitted to look at classified material, even if it is leaked to the public, but I don't think that sort of dickery will pass in a civilian court.

      I'm not 100% with what Snowden did, but I will become very upset with the government in a way that I was not upset before if they try and run this in any way but a full public jury trial. Yes, there will be parts that will be classified, but in the end, it should not and most likely will not, happen in a Star Chamber.

      And the US Government has something to gain from this too. Did Snowden adequately make use of the internal methods for redress that he had instead of extruding this data illegally? It's easy to assume the government would ignore him and retaliate against him, but since he never actually did anything like that, we can't know. The government has the chance to make the case to those people who are listening, that the internal whistleblower protection is there and it can be demonstrated to actually work. They can argue that he was told of how he could address these concerns legally and where he could do that.

      Of course, the government may not have those methods at all. And then, I think Snowden may get his satisfaction, if not his freedom. As long as he didn't simply decide he couldn't trust the government, but instead, acted out on his own, he has a chance of making his case, and I will be watching that line of argument very closely. I do not believe that he had a right to just release that material, but I can be convinced that he felt he had no choice after exploring the actual options.

      This is, at heart, the only actual defense that Snowden has; that he had a constitutional duty to expose this, and he couldn't do so without violating the trust granted to him by his clearance.

      What the government will have no problem doing is proving damage to the country. The damage to the US is actually quite evident, and I personally deal with it every day when I work with EU customers. A false dichotomy has been set up between the US and its intelligence services, and every other country and its intelligence services. It's like lifting only one rock, but knowing there are ants and things under both. Unless you're a company actively competing with a US company in certain sectors, your data is probably as safe in the hands of a US company as it is in anyone else's. Perhaps cold comfort, but I would like to see the EU's Edward Snowden, because I am quite certain that his or her revelations would be similarly interesting.

    44. Re:They might guarantee it... by Anonymous Coward · · Score: 3, Interesting

      I think that all Snowden looks for is a fair and impartial conviction.

      He won't get it, because the new, improved post-millenium USA doesn't believe in all those old stale ideals like innocent until proven guilty, not using torture, due process and the ability for people to move around the country without restriction.

      If he did, he'd almost be certainly using it as a venue to blow the lid off even more hypocrisies, because regardless of his motives his acts were illegal. Then again, his point wasn't to be legal, it was to be moral and the law doesn't recognize moral.

    45. Re:They might guarantee it... by Marginal+Coward · · Score: 1

      There might be a subtle difference this time: any trial involving Snowden would involve a judge and a "jury of his peers." In contrast, in the original situation that he exposed, Snowden acted as judge and jury. Forgive me if I believe a professional jurist and a panel of a defendant's peers to be better judges of the law than the defendant himself.

      It's easy to be cynical when a system is discovered to be imperfect, but that doesn't mean that the entire baby should be thrown out with the bathwater. Some of us are quite grateful to have a baby which appears to be a better alternative than all the other similar babies one might consider. Of course, one can imagine a system where we appoint Snowden as the judge/jury/Congress/President/you-name-it, but I much prefer our current system of checks and balances, imperfect as it is.

      Full disclosure: I say this from the perspective of someone who once held a security clearance and felt obligated to adhere to all the rules on the contract I signed for the privilege. Try as I might, it's hard for me to see Snowden or anyone else who explicitly breaks their word as any sort of hero or candidate for Giver of Law. YMMV.

    46. Re:They might guarantee it... by blackomegax · · Score: 1, Offtopic

      The US has not declared war in recent history. What time of war? Your argument is invalid.

    47. Re:They might guarantee it... by Anonymous Coward · · Score: 2

      Except that you seem to rather conveniently forget that there were quite a few high level government officials calling for Snowden to go to Gitmo, violating his right to a fair trial.

      He is a U.S. citizen and is entitled to due process. This is no longer a foregone conclusion like it should be since the very people espousing the virtues of the Constitution are the ones violating it the worst.

      Snowden believes that jury nullification would vindicate his actions because he shed light on a lot of blatently illegal activities. This is the Pentagon Papers times a few 10s of thousands in magnitude but is most certainly not being treated as such. It is worse than Iran Contra which arguably started all this crap in the middle east. Yet we vilify the man and prevent him from getting his day in court.

    48. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      Except that a court has already agreed with him legaly that the NSA overstepped their bounds.

      Thus affirming he was right.

    49. Re:They might guarantee it... by Etherwalk · · Score: 1

      Exactly. "Fair," in this context, involves the consistent and systematic application of the law to Snowden's case.

      Not necessarily. The law can be and often is unfair, if we take fairness to be the application of an unbiased system and judgment to the charge at hand. If the government asserts national security interests as a reason not to allow testimony about its programs (which it will), then it is impossible for him to get a fair trial. If the government insists on putting the jury through the security clearance process, it is also distorting the outcome by biasing the jury.

      I definitely see both sides here, but find it highly unlikely the government will be willing to give him a trial that an unbiased observer would truly consider fair.

    50. Re:They might guarantee it... by NatasRevol · · Score: 1, Redundant

      1. No war.
      2. Therefore no enemies.
      3. No aid given to anyone but the american public at showing what the government was doing was illegal.
      4. QED No treason.

      --
      There are two types of people in the world: Those who crave closure
    51. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Having said that, I think the government might have difficulty trying him under a process which is not transparent. It's not like they can state that the material that he purloined is still actually a secret

      It's still treated as such by the government. If it's found on an unclassified government computer, it has to be handled as a security breach. This applies to contractors as well. We've run into this problem at my company where the majority of people hold clearances, during a data gathering research job, our crawler hit some of the released documents and we ended up having to wipe the machine and record the incident. It's a real problem.

    52. Re:They might guarantee it... by OakDragon · · Score: 1

      I'm sure his definition of "fair" is "not guilty."

    53. Re:They might guarantee it... by XXongo · · Score: 0

      Aaron Schwarz begs to differ.

      Aaron Schwarz would agree: he got a guarantee from the prosecutor that they were not going to drop charges, and they kept their promise and didn't.

      (--uh, you do know that the guy was a major jerk, right? )

    54. Re: They might guarantee it... by Zero__Kelvin · · Score: 1

      You couldn't be more wrong when you claim Snowden caused the damage. It is tantamount to a detective catching an ax murderer and having the family claim that the detective ruined their families good name by catching the murderer!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    55. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      Guantanamo.

    56. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      The really big question is, is the Espionage Act even constitutional

      It's been found constitutional in 2 SCOTUS cases so far. Schenck v. United States and Brandenburg v. Ohio

    57. Re:They might guarantee it... by Anonymous Coward · · Score: 3, Insightful

      You're worse than an idiot in that you believe in what you say. No contract can superceed the law - that's the law!
      So if you signed an NDA for your "clearence" and you witness or are a part of criminal activity related to your position
      and duties, you are acting in a criminal matter by following the "contract" and not following the law in those matters.
      You are intentionally causing harm to your fellow Americans for a paycheck.

      Guess you never heard of Agent Orange; or you're too young to care. I've turned down positions (not many, but some)
      where I knew people would be harmed by my actions had I taken those positions.

      I'm very surprised the U.S. hasn't gone full Jared Fogel on Snowden and dug up some "dirt" on him - not to say they
      wouldn't if he returned....

      CAP === 'burped'

    58. Re:They might guarantee it... by slashdot_commentator · · Score: 1

      Who are the idiots modifying this post as "insightful"??

      What kind of idiot thinks they're getting a fair trial when it can only be conducted in a secret court? When evidence exonerating him can be suppressed because "national security considerations" trump presenting "necessary" evidence to demonstrate his innocence?

      Of course, Snowden could never get the public trial he wants, but I suspect he's willing to suffer a conviction & finite prison sentence, in order to not remain a permanent exile under Putin's thumb. And all of this can be resolved with a plea bargain. But CIA/DNI would never be satisfied with anything short of a "gitmo" sentence, and they dictate to the POTUS, DOJ, Congress, & courts what's an "acceptable" sentence for whistleblowers that make the organization look bad.

      As a sidenote, I'm pretty shocked that Jonathan Pollard got released. I wonder if the alphabet security agencies are going to exact retribution for that political action.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    59. Re:They might guarantee it... by SScorpio · · Score: 4, Informative

      In a trial by jury the law does recognize moral acts by way of jury nullification.

      Jury nullification occurs in a trial when a jury acquits a defendant, even though the members of the jury may believe that the defendant did the illegal act, yet they don't believe he or she should be punished for it. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case

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

    60. Re:They might guarantee it... by Solandri · · Score: 0

      The government got a court to certify that these programs were legal. A secret court whose decisions were (originally) never seen by the public, but a still a court. By our governmental system, that makes it OK. The legislative branch passed the program, the executive branch implemented it, and the judicial branch OKed it. So in that respect, the government did in fact play by the rules. Just because you disagree with the court's decision doesn't mean the government broke the rules.

      The only wrinkle is that because it was a secret court, there was no opportunity for those impacted (The People) to appeal that decision all the way up to the Supreme Court on the grounds that it was unconstitutional. Frankly I'm not sure which way the SCotUS would go. On the one hand, these programs pretty much seem to be an unwarranted search. OTOH, the SCotUS has given the government a fairly wide rein when it comes to keeping secrets when they claim it's in the best interest of the public.

    61. Re:They might guarantee it... by MobSwatter · · Score: 1

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN. We can't make up law according to the defendant. If you don't like the law we have now, elect someone else and have it changed.

      The problem is that the office these people are elected into are owned by offshore interests that have little concern over health and wellbeing of the US economy, law and practice of it, or representation of the people, your culture or what you believe. Snowden is asking people that live on the other side of the pond to actually give a shit, won't happen, maybe after the nut jobs that run this shindig get to push the button but I have a feeling it will be awfully peaceful on this rock lacking our presence as a species after they do that.

    62. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Read the whole post you replied to.

    63. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      The American government can and does use secret military trials to deny due process to defendants. They also use legal loopholes to deny the "speedy trial" right, and keep people locked up in solitary confinement for extreme lengths of time (to break their spirit and effectively punish them (severely) before the trial even happens).

      The American government is not run by nice guys interested in justice, so Snowden MUST get this public guarantee in order to have a prayer of enforcing his rights under the law.

    64. Re: They might guarantee it... by Marginal+Coward · · Score: 2

      I think you confuse morality with law. Hopefully, the two are harmonious, but they are not necessarily identical. I was specifically addressing the element of law rather than element of morality. The latter is much more subjective than the former, though neither can be judged truly objectively. From what I know of the case, Snowden did indeed break the law. Whether what he did was "moral" or "immoral" is for you and I each to decide for ourselves.

      Of course, it's entirely defensible to assert the position that what he did both was moral and broke the law. For example, I once delibrately ran a stop light in a busy intersection in order to get out of the way of an ambulance with its lights on. I regarded that as both moral and law-breaking. However, I feared no legal consequences because I believed in what I had done so strongly that I felt I could defend any legal challenge to it. Why doesn't Snowden feel the same?

    65. Re:They might guarantee it... by BronsCon · · Score: 1

      A1: "Well, they don't exist." Defendant is clearly innocent, goes free. (And now the witness has just committed perjury.)
      A2: "I will neither confirm nor deny the existence of any aliens." There remains reasonable doubt that the defendant actually leaked anything of value. Defendant goes free.
      A3: "They exist exactly as described in the secret document that the defendant leaked." Defendant is guilty. (And now the witness must be immediately placed under arrest for leaking classified information.)

      And that's how it should be. Our government exists to serve us (you know, the "for the people" part of "of the people, by the people, for the people"). Ensuring that they are actually doing so necessitates that they must be made to confirm secrets that are released by whistleblowers, or let them walk. If the secrets are confirmed in open court in order to secure a conviction, it is then up to the public to decide whether or not any such secrets (and the actions they describe) are kept in the public interest (and deal with those responsible for them if they are not), remembering who the government is supposed to be serving; if the secrets are denied, they must not have been important enough to warrant a conviction in the first place.

      As for any agents of the government who may be put at risk by any such revelations, consider this: as an agent of a government for the people, do these men and women not have a duty to refuse any assignments not clearly in the public interest? Why, then, should they be afforded special protection when they shirk their duty to the people they're sworn to protect? They shouldn't, and if their participation in an illegal operation gets them shot in the head, well, death is a valid penalty for treason.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    66. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      In a way, aren't we ALL Bradley Manning?

    67. Re:They might guarantee it... by Alypius · · Score: 1

      We stopped declaring war after WW2. Like it or not, AUMFs and the like are the new declarations. It does not make the argument invalid.

    68. Re:They might guarantee it... by Alypius · · Score: 2

      Exactly right. It's amazing how many people have never heard of the Pentagon Papers or, if they did, make exactly the wrong comparison between Snowden and Ellsberg.

    69. Re: They might guarantee it... by BarbaraHudson · · Score: 4, Funny

      How do you know an AC is American?

      Simple. They don't know the American Constitution. :-)

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    70. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      Um! The U.S. declared a state of war when it entered WWII and it has not been recinded since.

    71. Re:They might guarantee it... by Alypius · · Score: 1

      Silent enim leges inter arma.

    72. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      I'd be honored to sit on this jury. And yes, yes I will judge by the facts presented and they must meet the burden of proof in order to get a guilty conviction. However, depending on the charges, I reserve the right to vie for nullification. I'd also appreciate it if it was in an area where we can find for lesser charges.

      But, I probably should not be allowed on that jury - I am not unbiased.

      I mean, he's surely guilty of criminal trespass, right? They should be able to prove that beyond reasonable doubt. I think a criminal trespass charge would be justice (if given the chance to do so). Why, I'd be okay with it if he had to do community service AND pay a fine!

      That's assuming the State could meet the burden of proof, of course. It's also assuming the State can prove that he did not try to use the chain of command and whistle-blower process. If they were trying to charge him with something bigger, with huge penalties, then I'd probably not be able to convict them because the potential punishment does not fit the crime when the circumstances are taken into account.

      Nullifications are for (in my opinion) when they're probably guilty but shouldn't be charged. Patterns of nullification mean the laws should be reviewed but one nullification is no greater statement than that. With the little I know, I'd say that I'd be unlikely to want to convict based on any of the charges I see them bringing. Guilty or not, I don't want him punished like that. I'd be happy to convict for lesser charges. A fine and picking up some litter on the side of the road is enough punishment in my eyes and only if Snowden didn't use the chain of command and whistle-blower policies. If he did either of those, well... Alright, he might not even be guilty of criminal trespass.

      Yeah, they're not letting me on that jury and rightfully so.

      Meh, low on posts until about 1300. I'll post this as an AC. 'Tis KGIII.

    73. Re:They might guarantee it... by rsborg · · Score: 1

      However, since he evidently doesn't agree with the law, he presumably would deem any consistent and systematic application of it to be "unfair."

      Hmm... the law is pretty clear (see constitution and judicial interpretations over the years), and it's the Executive branch who have broken that law. I'm fairly certain most of the citizens in the country would agree with Snowden over the govenrment in this regard.

      --
      Make sure everyone's vote counts: Verified Voting
    74. Re:They might guarantee it... by larkost · · Score: 4, Informative

      No, if you read the article you will know that his definition of "fair" is that he is allowed to argue, in court, that he was a whistleblower. The last person charged in this manner was bared from even mentioning words that defended themselves in this manner. That does seem particularly unfair to me as well.

    75. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      * Jenner is not even the bravest Tranny.

    76. Re:They might guarantee it... by BarbaraHudson · · Score: 1

      Schenk v United States is from 1919. The conviction in Brandenburg v Ohio, 1969 was reversed by the supreme court, and supercedes Schenck v United states. So, nice try but no prize.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    77. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      > Full disclosure: I say this from the perspective of someone who once held a security clearance and felt obligated to adhere to all the rules on the contract I signed for the privilege. Try as I might, it's hard for me to see Snowden or anyone else who explicitly breaks their word as any sort of hero or candidate for Giver of Law. YMMV.

      Would you have felt obligated to adhere to the rules of the security clearance if you had been given evidence of grossly illegal activity by the government?

      That's a sign of cowardice, not the moral superiority you seem to feel over Mr. Snowden.

    78. Re:They might guarantee it... by shawn2772 · · Score: 2

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN.

      I imagine he would define "fair" as in "not held in a secret/closed courtroom, with the press allowed to attend, with a jury of his peers, with his defense being allowed to actually see the evidence against him, etc."

      And, no, he's never going to get all that.

      And bail. Which should be a slam dunk in a fair courtroom. Since Snowden would have returned voluntarily to have his day in court, the judge shouldn't consider him a flight risk.

    79. Re:They might guarantee it... by ausekilis · · Score: 1

      Part of the jury selection process is to guarantee an impartial jury of peers. Typically that is done by finding people that haven't been tainted by media reports.

      I doubt there's 12 US citizens over the age of 18 that haven't heard of him by now.

    80. Re: They might guarantee it... by DNS-and-BIND · · Score: 1

      All the more reason to get rid of the US Constitution in the first place. The "free speech" part is just a shield for bigots. African-Americans had no voice in this document and it is thus invalid. Please stop lecturing Americans on the different parts of the constitution and instead lecture them on how they really, really need to get rid of it permanently.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    81. Re:They might guarantee it... by Xenx · · Score: 3, Interesting

      Regardless of personal opinion, your assertion is flawed. From the article you linked:

      "In 1988, the Sixth Circuit upheld a jury instruction: "There is no such thing as valid jury nullification." In 'United States v. Thomas (1997), the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law."

      Again, I'm not saying it can't happen and I'm not arguing whether it should or shouldn't. I'm just pointing out that it isn't legally recognized.

    82. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      How do you know he is American?

    83. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      Pretty bad when a Canadian has to correct an American on their own Constitution. Then again, it does tend to happen a lot.

      Ted Cruz for President!

    84. Re:They might guarantee it... by Jason+Levine · · Score: 1

      Or maybe one administration would guarantee it but another wouldn't hold to that promise. Even if he somehow managed to get a fair trial and was acquitted, He might still face retaliation for his actions. He made a large number of powerful people uncomfortable and they don't like when people do that. There are many ways they could mess with him that don't involve "tried and convicted for 'leaking data' or 'treason'." Everything from "looks like he's got pics of kiddies on his computer now" to just "shot dead in a grocery store parking lot by a random stranger."

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    85. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Obama say "If you like your freedoms, you can keep them".

    86. Re:They might guarantee it... by Jason+Levine · · Score: 5, Insightful

      There were other whistle blowers before Snowden who tried to get the word out about what happened. They went through the official channels, found themselves charged with "unrelated" crimes, and were told by the judges that they couldn't use "whistle blower" as a defense. These people went to jail and the government overreaches that they tried to report were hushed up and continued happening.

      Snowden knew that the same thing awaited him if he blew the whistle in this manner so he felt his only option was the flee the country while exposing what happened. You might argue about whether what he exposed was valid whistle blowing or whether he stepped over a line, but that's what a trial should determine. The problem is that a lot of powerful people were upset with Snowden revealing their operations. Even if his actions were 100% justified as a whistle blower, the history of treatment of similar whistle blowers doesn't make it look like he'd get anything approaching a fair trial.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    87. Re:They might guarantee it... by AK+Marc · · Score: 1

      There would need be no changes in the law to accommodate his demands. He's effectively requesting that he be allowed to reference Jury Nullification. That's 100% legal, but not allowed by the judges due to a decision to hide that legal option from the people. He's simply asking for that 100% legal act to be allowed for his trial. No law changes needed.

    88. Re:They might guarantee it... by AK+Marc · · Score: 1

      You incorrectly assume that there must be a war to have an enemy.

    89. Re:They might guarantee it... by KGIII · · Score: 2

      I am not a military lawyer but I did get to work in and around the system. I spent eight years enlisted and a fairly good portion of that was as a chaser/escort. I got to know the UCMJ fairly well. I'd not say that I'm fluent or all knowing, however. So, take this as a grain of salt and the above is just to give you an indicator of what experience I have.

      He should not end up in a military courtroom, at all. He was a civilian contractor, not directly engaged in military activity, and it would be hard to argue that he was directly engaged. I believe there's an exception that allows private citizens to be face court martial but only if they're directly involved in the military/military function. The burden is, as I recollect, "would this have been done by military personnel otherwise?"

      That's actually a bit of a burden. In this case, my non-lawyerly opinion is that no - this would not have been a job assigned a uniformed employee of the US Gov rep specifically from the DoD. If they tried to try it there, I don't expect it would get past the first hurdle. One of the very first facts they discover is, "Is this person subject to this court?" I'm thinking the answer is no.

      Now, I could be wrong... I've been wrong before. Actually, I thought I was wrong once, but I was mistaken. I'm definitely not an authoritative source but I'm probably a bit more likely to be correct than wild speculation and guessing. I could go look it up but I'm actually lazy again today. I've a good deal of familiarity with the justice system and some experience in the military justice arena but that's it. I *think* that's how it works. I'm pretty sure, at any rate. It has been a very long time.

      To add some perspective... Other than a bit at the end, this is mostly gibberish below this point:

      I've never gone through the process myself but I've handled a number of detainees who were going through the process. I've stood (or sat) through many hearings and procedures. I was the guy who was responsible for ensuring that my charge was present and safe. I know, factually, that one of the very first steps is ensuring the identity and the power of the court over the defendant. I've even dealt with multiple parties who ended up *not* being under the purview of the military justice system but needed to be tried by civilian courts.

      More often than not, I drove detainees around and then kept them company while in court. I was the rather unusual sort that was allowed to go armed into a court room - and that even includes bringing a detainee into civilian courts. No, you can not take my ward from me. My role was not just to protect people from the people in my care but it was also to protect the people in my care from those who might do them harm. (It's a long story but I had an incident where I was not allowed in the civilian courtroom while armed. My prisoner and I left. I will not put my prisoner, in handcuffs, in a room full of angry people while not being able to ensure a reasonable level of security for my prisoner.)

      An interesting (to me) aside is the stark differences. Snowden might be better off in a military facility. We had a just before the Sally Port to the secure facility, it read: "There, but by the grace of God, go I." I was trained to but did not generally work inside the facility - except to do retrieval and drop-off and the security elements that entails. I later interviewed at a civilian detention facility up in Mass because I wanted a job to help pay for school. I can't even begin to describe the differences. In a military detention facility, there's respect for the prisoners - firm but fair. There's respect, they'll kill you if it's not there. There's also respect from the prisoners. You go to prison as punishment, not to be punished. Your punishment is your lost freedom, there's nothing greater than that except your life.

      I saw nothing of the sort in a civilian (going nameless here) facility. I don't know who I'd have disliked more. I might have hated the staff as much as I hated the inmat

      --
      "So long and thanks for all the fish."
    90. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Without a Constitutional amendment, they are not.

      The fact that you would like them to be simply makes you a treasonous traitor.

    91. Re:They might guarantee it... by tnk1 · · Score: 2

      Yup, I know, which is why I pointed that out. I know a few clearance holders who definitely do not want to hear the details for the same reason.

      However, that is not the majority of the population, and ultimately, they will not be able to make that the reason for some sort of secret trial. There will be things we can't see publicly, but that can be handled in a normal court.

      The question is whether the US government will bother making those assurances. Even money is on them not bothering. They don't care if he comes back, he's already in exile in Russia. Russia isn't the Soviet Union anymore, but I don't think I'd want to settle there permanently. It's sort of like jail without having to pay for him. And many exiles do come back eventually without so much as a deal with the government once they tire of being out in the cold for so long.

      If I was President, I'd probably shrug and leave the usual channels open for extradition, but in the end, I'd ignore him. He's already done what damage he's going to do. What kind of deal do I have to make with him? He comes home for his trial unconditionally, or he can feel free to stay in Russia.

      Also, he needs to remember to file his Income Tax return.

    92. Re:They might guarantee it... by Hognoxious · · Score: 0

      He's certainly not the best looking either. Not that I pay much attention to stuff like that...

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    93. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      Because the Tranny sees all, hears all, and knows all. Just ask him. She'll tell you.

    94. Re:They might guarantee it... by Krishnoid · · Score: 1

      It would probably be cheaper for the US Government to pay Webster's to do a print run with an altered definition of 'guarantee'.

    95. Re:They might guarantee it... by Aighearach · · Score: 3, Interesting

      He doesn't even have an argument for what would be "unfair" about the trail.

      It is one thing to disagree about what the law should be, but what a fair trail is isn't that controversial. There are no mainstream arguments that people in the US who are high profile and have access to their choice of lawyers don't get fair trails. That is just silly-talk.

      Obviously poor people and minorities often don't get fair trials unless it is high profile, but that isn't Snowden's situation.

      He engaged in civil disobedience. Believing you were right to do it does not mean not experiencing the consequences of those acts. When people block a street or engage in a sit-in blocking a lunch counter, they know they will have to serve the time or pay the fine or whatever. A "fair trial" doesn't mean, "if the jury is glad I did it, then I'm not guilty." A trial is to determine if you are guilty of the crime, it is not a popularity contest to decide if the jury still likes you, or if the crime had some happy outcome.

      He is like a giant flamebait begging idiots to hang their hats on his crazy argument simply because they dislike the NSA. But you can be against government over-reach and still know what a "fair trail" is. He'd be better off trying to negotiate getting a minimum security white collar prison assignment. Then his supporters could advocate for reduction or commutation of his sentence, something actual possible to receive if the right people agree. Much better than now, where he is constantly asking his supporters to fight for impossible demands.

    96. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Judges go out of their way to make sure none of the jurors knows of that concept. It also isn't codified into law at all, so it is more of a "vote not guilty even though the evidence was overwhelming because we don't like the law" and is sort of a grey area (as you are not actually discharging your duty as a juror UNDER THE LAW - you are saying that the law is bad and you, the jury, disagree with it - while not actually saying that as you'd be in contempt of court if you did). Read the whole article on nullification...

    97. Re:They might guarantee it... by Aighearach · · Score: 1

      A) The law doesn't allow trail conditions to be set by agreement, the judge is responsible for setting the trail conditions according to the law. He can ask that the prosecutor ask the judge for various things, that is about it. And note he doesn't actually have anything specific that would be "unfair" to negotiate about.
      B) Extraction teams do not operate in Russia. They operate in places that agree to it behind the scenes, or don't have strong government. Russia is a nuclear power. You can send in spies, but you can't send in operational teams that would have to display weapons, stay in a group, and provide for transportation under those conditions, and also even escape the country.

    98. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      "When reporting a crime becomes a crime, then you are ruled by criminals."
      - provenance unknown

      Snowdon reported a crime. He is pursued as a criminal and the original crimes are neither investigated nor prosecuted. The rest follows.

    99. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Even if he would get it, he would lose. Political argument is not a legal argument. Had he launched a political party with a group of former NSA workers and contractors suggesting that the NSA should not monitor everybody without revealing the specific methods, he would be a free man. Whistleblower protection laws are probably his only hope.

    100. Re:They might guarantee it... by Aighearach · · Score: 2

      He isn't accused of Treason, and it isn't because he didn't help the enemy. Treason isn't helping any enemy at the same time as there being a war, you have to help the actual enemy that is the target of the war. He didn't do that specifically. His crime is related to sharing classified documents, including with various enemies, separately from any war or war effort. Specifically, he is accused of violating the espionage act.

    101. Re:They might guarantee it... by Aighearach · · Score: 3, Informative

      There is in fact on ongoing war, legally.

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

      You don't have to like it, but we are still at war.

      People who whine and cry about not having "declared" war are directed to Section 2(b)(1) which clarifies that it is in fact a declaration of war:

      (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

      The reason to believe it is not Treason is simply that he is not charged with Treason, he is charged with violating the Espionage Act by "unauthorized communication of national defense information" and "willful communication of classified communications intelligence information to an unauthorized person" neither of which have anything to do with wars.

    102. Re:They might guarantee it... by Aighearach · · Score: 0

      Fairness of what evidence should be introduced in a trail has to be established before the trail.

      What is fair to introduce can only be what is legal to introduce. He knew the rules for a trail on the crime he is accused of committing before he engaged in the actions that the government says violated the Espionage Act. What were the rules then? Is he complaining about a change in the rules made since then? No, he's complaining about what he knew the rules would be before he did it.

      He's asking to be allowed a "defense" that is simply not a defense. There is no "whistleblower" status that would protect somebody from accusations of espionage. If he argues it, and the jury agrees with him that he is a "whistleblower," he would still be guilty. Whistles are not magic wands, Harry Potter. It is not "unfair," it is in fact part of a "fair trail" that arguments that wouldn't even help are not allowed as "defenses." A defense has to be a thing that if true means you're not guilty, or at least less guilty. But there is no whistleblower exception to espionage, so it would not be fair to discuss it at trail.

    103. Re:They might guarantee it... by Dragonslicer · · Score: 1

      BTW, wouldn't it be nice if all of us could ignore any laws we regard as unfair...

      You just gave me a great idea. After the Supreme Court's decision for Hobby Lobby, Snowden just has to say that it was his deeply held religious belief to do what he did, and he can ignore any law.

    104. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      any trial involving Snowden would involve a judge and a "jury of his peers."

      Patently false. That is precisely why Snowden is demanding the guarantee. The American government uses secret military trials (and similar dirty tricks) to escape its requirement to provide a jury of peers (or any public accountability at all).

      People who are demanding that Snowden just shut up and surrender are completely missing the upshot of his revelations: the government isn't obeying the law.

      Snowden is just trying to force obedience to the law for his own trial.

    105. Re:They might guarantee it... by jdavidb · · Score: 1

      By any and all possible interpretations of the law, he is guilty

      What about the interpretation where the jury decides whether or not the law should be enforced?

      >

    106. Re:They might guarantee it... by Aighearach · · Score: 1

      A lot of people don't understand that Ellsberg was ready and willing to go to prison, and the only reason he avoided it is because of prosecutorial misconduct and over-reach in the investigation leading to trail. It was not because he was a whistleblower that he was spared punishment, he was spared literally as a punishment to the prosecutors.

      Snowden is no Ellsberg. And the prosecutors would not likely make those mistakes, either.

      Ellsberg did the right thing, and faced the music. And it is because of the fairness of American trails that he was released after the prosecutors engaged in unfair acts related to the trail.

      Restricting the defense to arguments that if true would have something to do with the charges is fair, in the same way that restricting the prosecutor to arguments that if true would have something to do with the charges is fair. You don't want the prosecutor arguing, "gosh, he's a really bad guy and after the thing happened, some other bad thing happened in the community, so gosh he must be guilty!" You also don't want the defense doing that. It is symmetrical. You can argue about being a whistleblower anywhere where being a whistleblower offers protection. National secrets are not one of those places.

      Even if you believe that a person should be able to give out nuclear secrets as long as they are holding a whistle while they do it, it would still not be rational to expect trails to be conducted that way even before getting the law changed. And you probably wouldn't want the prosecutor to make up and use their own rules even before getting the law changed, either.

    107. Re:They might guarantee it... by alexgieg · · Score: 5, Interesting

      Try as I might, it's hard for me to see Snowden or anyone else who explicitly breaks their word as any sort of hero or candidate for Giver of Law.

      There are three main schools of thought on what constitutes a moral act: a) doing what's right in itself irrespective of the consequences, a.k.a. Virtue Ethics; b) obeying and fulfilling your duties irrespective of the consequences, a.k.a. Deontology; c) doing what will result in the best outcome for the most people irrespective of concepts of virtue or duty, a.k.a. Consequentialism.

      It seem clear you subscribe to Deontology. You feel that once you promise and accept a duty, the moral path is to do as you promised and fulfill that duty, otherwise what might happen if everyone began ignoring their word and doing what they feel is right or feel provided the best outcome?

      The problem with Deontology is that it only works well (from the other two ethical perspectives) if the duties being fulfilled are themselves virtuous and/or if they provide the best outcome for the majority. For example, let's say you subscribe to the duty of always saying the truth, otherwise what would happen if everyone were free to lie. That's all fine and nice in a good society. In a fascist society however, it leads to telling the SS the truth about those Jews hidden in the third house down the road.

      Snowden evidently isn't a Deontologist. He's either a Virtue Ethicist, thinking that bringing evil to light is a good in itself and nothing else matters, or a Consequentialist, thinking that by bringing these facts to light the state of the world will improve for the majority.

      Now, here's the fun thing: opting for either of these three ethical frameworks is arbitrary. There's no criteria by which one can objectively conclude one is better than the other. In this it's like religion: you either believe in this, or in that, or in the other, or even in neither.

      The we have a second set of criteria: is Law something people create, or discover?

      Those who think it's a creation, called Legal Positivists, are usually Deontologists (strong belief in this, almost no belief in exceptions) or Consequentialists (weak belief in this, open to lots of exceptions), and think basically anything goes. Virtue Ethicists, on the other hand, believe Law is discovered, and therefore that you can have laws in the book that are either valid because they express a Natural Law that preexists any human writing it down, or that are invalid because they don't, and then the fact they were written down by someone to be meaningless. Legal Naturalism is a tradition that goes back to Plato and Aristotle, who both wrote on the distinction between true and fake laws.

      Since you're a Deontologist, it seems to me you're very likely to also be a Legal Positivist. The law that one must obey is what's in the books, and that's it. Snowden, evidently, disagree, and most everyone who looks at any law and thinks "this is unjust".

      And then we have a third sect of criteria: that of the psychological way people think about justice questions. There are six approaches to this, in a scale psychologist Lawrence Kohlberg identified in the 1960's. Here, the important point is that "law agreed upon by different groups as the source of justice and the means by which they don't fight each other" is a strong belief of those fitting what Kohlberg identified as the 4th stage in the scale: "Law and order morality".

      Now, I cannot say in which stage Snowden is, but it wouldn't surprise me if he were at stage 5. In stage 5, "Social contract orientation", justice rises from the agreement of individuals, an agreement that can change over time but must be construed by them explicitly as individuals, and not as members (real or perceived) of groups seen as single blocks. As a "stage 5" then, Snowden would find that hidden laws and hidden rules (which are okay from the perspective of stage 4) are something that doesn't provide for true democracy, and decided to put pressure into making things move up.

      As you can see then, there are several ways by which Snowden can indeed be seen as someone doing right, even if from your perspective what he did was anything but.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    108. Re:They might guarantee it... by JustSomeProgrammer · · Score: 1

      One could make the argument that he's implying the American public is the enemy that the government is at war with.

    109. Re:They might guarantee it... by Aighearach · · Score: 1

      Snowden isn't charged with "unrelated crimes" he is accused of violating the Espionage Act by "unauthorized communication of national defense information" and "willful communication of classified communications intelligence information to an unauthorized person."

      There is no such thing as "whistleblower" status as some kind of broad legal principle that protects people from prosecution for crimes. Actually, most whistleblower protections are civil protections that prevent being fired for turning your boss in for committing crimes or at least for breaking rules. It never provides criminal protections in the first place, and only provides civil protections where it has been legally established. It is not, and there is no known argument for it to be, a natural right. It is a created right to help enforce the law.

      You blather about some sort of possible "100% justified" but you don't point to any legal principle that would even apply for you to measure how justified it was under that theory. ;)

    110. Re: They might guarantee it... by Anonymous Coward · · Score: 0

      I normally avoid this, but I think if any situation would call for it, it would be comparing a potential traffic ticket to being tried for treason by the same government you showed to be corrupt.
      So brave. So, so brave.

    111. Re:They might guarantee it... by Aighearach · · Score: 1

      Handwaving, without actually saying anything. He hasn't attempted to show any such thing, he has said that he thinks any trail would be "unfair" because the law is unfair. The person you're replying to is making the argument that fairness is the equal application of the law.

      You're simply wrong. Perhaps you don't know that Snowden is demanding an unequal application of the law? Show you understand your own opinion by including it when you state your opinion. ;)

    112. Re:They might guarantee it... by hey! · · Score: 1

      It's not as simple as that.

      This is a matter of law, not "Rights" [sic]. Those two things are aligned only to the degree that politics demands they be aligned; and the politics in the US since 9/11 have been driven by the public's demand politicians do things to make them safe, even if those things have basically no chance of working. So it is quite possible that defending the rights of the American people is illegal, because the American people demand that it be so. It's beginning to look like all those airy-fairy French existentialist philosophers were right all along: the thing that people really dread is freedom.

      What Snowden did was an act of civil disobedience. Civil disobedience isn't a get out of jail free card; that's actually the opposite of the way civil disobedience works. First you get into jail, and that is the start of a long, drawn out embarrassment for the authorities. And that can be very long. The South African government held Nelson Mandela for 27 years before it got sick enough of being a global pariah to eat its serving of crow.

      So it's entirely likely that under a fair trial Snowden would be convicted and sent to jail for a long time, because the law itself violates peoples' rights.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    113. Re:They might guarantee it... by kimvette · · Score: 1

      > The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN.

      No. He wants his rights guaranteed. He exposed illegal activities conducted by agencies of the government of The United States of America. He tried following proscribed processes and was rebuffed and essentially told to STFU so he went public in a grand way - as anyone should but few have the guts to follow through with.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    114. Re:They might guarantee it... by Aighearach · · Score: 2

      "Peers" in that context means a person with the same legal rights and status based on caste. Since US law is based on English law, that means that a noble has to be tried by a jury of nobles, a commoner by a jury of commoners. In the US we are all equal under the law, we have no nobles, so it merely means that a person is tried by persons.

      Americans are often confused about this, because we don't normally encounter the word "peer" except in the context of "peer pressure" or the "respect of their peers," or some such social, non-caste-based phrasing.

      http://criminal.findlaw.com/cr...

    115. Re: They might guarantee it... by Aighearach · · Score: 1

      Your example is a poor one, because you're legally obligated to get out of the way of the ambulance, and there is a legal principle that if you violate one law to comply with a more important one, then you have broken no law. It would have been against the law NOT to move out of the way, if you saw that a safe place to move your care that was out of the ambulance's way.

      There was no law mandating that Snowden release classified information to the public if he thought there would be a moral benefit, so it is very different.

      And Senator Wyden had already warned me that the NSA was violating the law, and he had done it without breaking the law himself. People can point out that nobody listened, but so what? I did. And who actually learned accurate details about anything from Snowden? People are just as clueless as before, even the loudmouths who claim to care about the issue just rage wildly and have no answers for any of the difficult questions about management of government secrets. The situation is the same as before Snowden; the Courts are slowly pushing back, but they won't push back very hard if voters are electing the same idiots. In that case, whatever is happening is the will of the people. 100% of the useful affect he could have had would have been changing how people vote, and that didn't happen at all. Look at the current politics; Trump is calling Apple traitors for not wanting to be a government phone-cracking contractor! And that is mainstream.

    116. Re:They might guarantee it... by mitcheli · · Score: 1

      I had to ponder this one. What exactly is "fair"? I get that he doesn't want to go through a military tribunal with no right to an attorney or something spooky like that. But is it fair to have a Jury with no military/government members who know what it means to protect classified information? Is it fair that additional classified information be disclosed as public record? Is it fair to force the Government into a position where they can't show the damage of his disclosures (weakening their position) as not to provide additional strength to terrorist groups who wish to do us harm? I guess the biggest question is, does two wrongs make a right (the underlying principle he is relying on to prove his innocence.)

      --
      Select from tblFriends where interesting >= 4;
    117. Re:They might guarantee it... by Aighearach · · Score: 1

      Oh, so if I believe somebody else broke a different law, then that means I didn't break any law! Wow, I never considered that.

      All Blorgs are criminals. A Blarg was accused by a Blorg of being a criminal. The Blarg is therefore innocent. T/F?

    118. Re:They might guarantee it... by Aighearach · · Score: 1

      The problem is he wants a fair trial, AS DEFINED BY EDWARD SNOWDEN.

      I imagine he would define "fair" as in "not held in a secret/closed courtroom, with the press allowed to attend, with a jury of his peers, with his defense being allowed to actually see the evidence against him, etc."

      And, no, he's never going to get all that.

      Gosh, if that is what he was asking for... he gets those things automatically, he doesn't have to negotiate for them.

      You might be "falling for something" if you actually thought that is what he's asking for. ;) But no, you give the real answer right there: You simply "imagine."

    119. Re:They might guarantee it... by Aighearach · · Score: 4, Insightful

      Bail is a bit of a "slam dunk" if you already fled to multiple countries to evade capture. As in, a slam dunk for the prosecution. ;)

      That requires some really exceptional magical thinking to get to, "well he already fled so if he comes back he's not a flight risk." No, if he already fled then he is a proven flight risk even if you believe that he won't fly this time.

      If you're wanting to negotiate your surrender, pre-trial release is not a reasonable thing to demand. That is just daffy.

    120. Re:They might guarantee it... by Aighearach · · Score: 1

      Daniel Ellsberg didn't flee the country, either.

      As long as you don't flee or keep a "go bag" handy thinking you might, then you are entitled to bail. Most people who want bail, get bail. A lot of people facing serious charges prefer to stay in jail during trail, because that is "time served" towards their sentence, whereas being free and on trial, none of that time is counting off your sentence.

      The stuff about military trials is for illiterate tinfoil hats without internet access. Look into it, you might have mistaken some hyperbole for facts. ;)

      Being out during the trial is mostly only useful if you're not guilty. It isn't useful for, "I did it to make the world a better place." In that case you know you're guilty, you're proud to be guilty of making the world a better place, and you should be happy to either get out on bail to be on TV before the trial, or stay in jail and get out a few months younger. "I did it to make the world a better place" is a different thing than, "I didn't do it."

    121. Re:They might guarantee it... by rsborg · · Score: 1

      Oh, so if I believe somebody else broke a different law, then that means I didn't break any law! Wow, I never considered that.

      All Blorgs are criminals. A Blarg was accused by a Blorg of being a criminal. The Blarg is therefore innocent. T/F?

      Sorry, I gotta say WTF? Its like you didn't read what I said. Law and court interpretation supports Snowden.

      --
      Make sure everyone's vote counts: Verified Voting
    122. Re:They might guarantee it... by Aighearach · · Score: 1

      We don't even have secret trials in the USA. Your signature claims you don't believe my country even exists.

      And you call other idiots?!

      The stuff about gitmo is really icing. How many Americans are in gitmo? Oh, right, not only are there none, there never would be or could be any. No, nobody would ask for any American to be sent there. That is just braindead stuff you saw on your tee-vee.

    123. Re:They might guarantee it... by Darinbob · · Score: 1

      Yup, his version of "fair" is that the government must accept his defense theory. I like Snowden, but part of the fallout of doing the right thing sometimes means that bad things happen to you. I would be highly unlikely to elect a government that would be favorable to Snowden and willing to ignore the law. The law itself is not unjust here, but it does not have any provision to look the other way as long as the spying was done for a good cause. The most to hope for is a pardon.

    124. Re:They might guarantee it... by bkr1_2k · · Score: 1

      I think "let a jury decide" is what he would consider fair, based on what is linked in the summary. His concern is that he would be given a "trial" that includes military judges or a similar tribunal that would not be made public and he wouldn't get a trial by his peers.

      In that regard, I'd have to agree with his statement, it wouldn't be fair in the slightest definition of the word.

      --
      "Growing old is inevitable; growing up is optional."
    125. Re:They might guarantee it... by Aighearach · · Score: 1

      No, silly rabbit, if the court decides that for the purposes of the law it was done in a time of war then he can be punished by death or not more than 30 years imprisonment. Life imprisonment is not an option.

      And even though the nation is at war ( https://en.wikipedia.org/wiki/... ) it is likely that the judge would rule that for the purposes of the espionage act and the nature of the accusation it was not a "time of war." In that case, the punishment is limited to death or imprisonment not exceeding 20 years.

      The US doesn't use the death penalty in espionage cases. So, depending on the sentencing judge, the maximum sentence would be either 20 years, or 30 years. There is no federal parole, but there is early release for good behavior. He could probably get out in 17 years or so.

      A more reasonable thing for him to try to negotiate for than a free pony would be to ask that the prosecutor assert that it was not a "time of war" for the purpose of the Espionage Act, and agree not to seek the death penalty. Those are real things that the prosecutor could grant.

    126. Re:They might guarantee it... by Darinbob · · Score: 1

      He is actually defining "fair" as being allowed to present a "public interest defense". However I don't believe (since IANAL) that the US has such a defense. It is unlikely that the US would add such a provision retroactively. And yes, he would get all the things you describe above.

    127. Re:They might guarantee it... by Darinbob · · Score: 1

      The fact that Pollard was released is evidence that the US is not the rigid military dictatorship that you seem to feel it is. We still have a constitution and the government still attempts on occasion to abide by it. Manning did not go to gitmo, he may not be treated well but he was never tried in a secret kangaroo court and then disappeared, and his security breach did much more harm to the US than Snowden's actions.

    128. Re:They might guarantee it... by Aighearach · · Score: 1

      The jury is allowed to take the merit of his actions into account, he's just not allowed to ask them to, and jurors may be removed if they admit in advance that they might do so. But even after removing the ones who admit to it, in the final moment the juror may legally consider the totality of the situation and vote their conscience.

      But you're certainly right that it is not available as a defense. It is probably allowed as part of opening/closing statements though to point out that the actions may have had a moral dimension separate from the law. But no, they can't explain to the jury why they're pointing it out or what they might do with that information, or claim that it would somehow justify the actions. But they can certainly explain, in the relevant parts of the trail, what the reasons for the actions were, what the intent was. Probably would ensure conviction as it would require admitting to the actions, but he's already done that.

    129. Re:They might guarantee it... by Alypius · · Score: 1

      Exactly right. And Ellsberg only went public after exhausting all sanctioned options (e.g. his bosses and Congress). The thing no one seems to understand is that being held accountable is the key component of civil disobedience. Otherwise it's just crime and the reason why Snowden sleeps with one eye open.

    130. Re:They might guarantee it... by Jason+Levine · · Score: 4, Insightful

      The problem is that there are official channels that Snowden was "supposed" to have used to report what he found, but other people who used the official channels wound up prosecuted for daring to report what they found. When you make an official channel and then attack anyone who uses it, you shouldn't be surprised when people don't use the official channels. You can't hold up an official channel as a valid alternative if people don't feel safe using it.

      Let's assume for a moment that Snowden's revelations were of criminal government overreach of power (setting aside, for the moment, whether his reveals compromised non-US-citizen spying efforts since that's a different discussion), how should he have proceeded? Just put his head down and ignore what was going on because that was his orders? Try the official channels figuring that his fate would be different than all of the other people who used them?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    131. Re:They might guarantee it... by NotDrWho · · Score: 1

      Gosh, if that is what he was asking for... he gets those things automatically, he doesn't have to negotiate for them.

      Yeah, just like all those Guantanamo detainees got theirs, right?

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    132. Re:They might guarantee it... by Aighearach · · Score: 1

      You seem a bit confused about what you linked to. They did not rule that the Espionage Act was unconstitutional, they ruled that criminal law can't ban "abstract advocacy of force or law violation." It created the "imminent lawless action" test for threats.

      As to what it overruled specifically, it was merely the prior test that was thrown out. The old test was that speech could be banned if it presented a "clear and present danger," but that is just too hand-wavy for the SCOTUS so they put in place a test that is based on the horribles being imminent and not merely dangerous but lawless.

      Perhaps you mistakenly thought that if a person's case is thrown out, that means the law they were accused under was not upheld; but is that simply a mistaken belief. If the law was unconstitutional, they would not have been creating a new test for when it applies. ;)

      Words matter, even words in Supreme Court decisions. My advice, read the decisions and believe their words. They generally mean them.

      Note that Snowden is not accused of inciting violent action with words, he's accused of transmitting US secrets to unauthorized persons.

    133. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Wait. Hillary isn't being charged? I thought the government applied the law to everyone? What am I missing? ROFLMAO. Anyone who thinks the government is just or fair is part of the problem.

    134. Re:They might guarantee it... by Spazmania · · Score: 1

      More to the point, he's asking to argue jury nullification which is, in fact, illegal to do.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    135. Re:They might guarantee it... by Aighearach · · Score: 1

      I'll bet you could walk down the street and find a few in the first couple blocks.

      Only a small percent of people even watch the news, much less pay attention to news stories.

      And being tainted by media reports doesn't mean "ever heard about the case." Any large crime the local community heard about the case. They're not tainted unless they formed beliefs about the guilt of the defendant that can't be dispelled by having their lawyer explain the truth during the trial.

      You generally need the media to have sensationalized the case with false reports to get a juror removed simply for having heard the reports, in combination with a one-sided public vilification. In Snowden's case, there is active public debate, so no reason to think that having heard a news story would leave a person biased.

    136. Re: They might guarantee it... by Type44Q · · Score: 1

      I'm guessing Cold Fjord finally took my advice and found a new username?? :)

    137. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      He doesn't even have an argument for what would be "unfair" about the trail.

      You mean besides Trump (who's now a presidential candidate and not just a random blowhard) or former CIA director calling for his assassination?

      Or a number of senators publicly announcing that he is a traitor and should be convicted? In olden days, this was considered to be jury tampering.

      And that's assuming he even gets a PUBLIC trial. Or any trial at all instead of being sent directly to Gitmo.

    138. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      As the law allows for plea bargains, I'd say, no, the law does allow for trial conditions to be set by agreement, though I take the point that the Judge also has to agree to such settlements.

    139. Re:They might guarantee it... by Sarten-X · · Score: 1

      There were other whistle blowers before Snowden who tried to get the word out about what happened. They went through the official channels, found themselves charged with "unrelated" crimes, and were told by the judges that they couldn't use "whistle blower" as a defense.

      On the other hand, those who go through the official channels and don't get caught for unrelated crimes are never known, because that's the whole point of having official channels. Being a whistleblower doesn't excuse any other behavior, and it doesn't mean you won't have to defend against such allegations.

      You might argue about whether what he exposed was valid whistle blowing or whether he stepped over a line, but that's what a trial should determine.

      No. That is not what a trial determines. The trial seeks to answer a very narrowly-defined question: Did the accused commit the crime of which he is accused? If the criminal statute (or related changes from other laws) allow whistleblowing as a defense, then that changes the crime definition to explicitly exclude whistleblowing.

      The problem with Snowden (and other public-release cases) is that such activities are not generally included in the definition of "whistleblowing" that would exclude them from the crime's definition. That's why they get told by the judges that they can't use "whistle blower" as a defense, just the same as if they tried to claim that rescuing puppies was a defense. Despite Edward Snowden's opinion, and despite the objections of his Slashdot-moderating fans, this is exactly what makes a trial fair. Strict adherence to the rule of law means that a murderer can't be acquitted just because he's a pillar of the community, when the same evidence would convict a defendant of lesser reputation. I'm not claiming that always happens, because the court is comprised of faulty humans, but that is the ideal, and I'd wager that's exactly what Snowden would receive under current conditions. There's too much attention on the case for any significant violations of protocol to go unnoticed.

      Even if his actions were 100% justified as a whistle blower, the history of treatment of similar whistle blowers doesn't make it look like he'd get anything approaching a fair trial.

      If his actions were 100% justified, since fleeing to Russia, he's continued to release classified information and provide support to America's enemies (even as a side effect to informing Americans). Even if Snowden had a claim to a whistleblowing defense for his initial information, he's likely doomed by his later releases that don't actually highlight his employer's unlawful activities. Spying on foreign nations (even allies) isn't illegal; it's just prohibited by treaties which would have their own recourse. Unfortunately for Snowden, the evidence is overwhelmingly against him. He's openly stated that he didn't follow official channels, and he overstepped his authority to obtain materials to release. Those are the sorts of things for which being a whistleblower isn't a defense, and he could be charged with as an "unrelated" crime.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    140. Re:They might guarantee it... by Sarten-X · · Score: 0

      In the free country of Absurdia, ruled by the just and fair Edward Snowden, reporting a crime is always legal.

      If you report it to the police, it is legal. If you report it to journalists, it's legal. If you report it by written note, it is legal. If you write a note, tie it to an arrow, and shoot your neighbor with it, it is legal. If you shout a report about it before detonating a suicide bomb, it is legal. If you whisper your report into the ear of your dear friend, as he lies on the floor with your bullet in his skull, it is legal.

      Pithy slogans make the world so simple, don't they?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    141. Re:They might guarantee it... by Prune · · Score: 2

      It's highly doubtful that anyone can be consistently in Kohlberg's stage 5 (and certainly no one is in 6). It just runs counter to what we know from evolutionary psychology, as well as common sense. Often people try to make the argument that full-blown altruism exists and has been able to arise because evolution can happen on the scale of groups rather than just individuals (or, more precisely, individual genes), but these theories have never played out outside simplified computer models. The selection pressure even in as social species as humans is overwhelmingly biased towards individuals and closest relations, falling off very quickly with genealogical separation. While in modern society individuals have far more vast influences, potentially affecting much of the world, this has only been the case for a time multiple orders of magnitude shorter than what is needed to see any effect on our biology. Indeed, there remains a significant source of selection pressure against the top two of Kohlberg's levels: altruism leaves its adherents very vulnerable to exploit by selfish individuals (the flip side of this coin is that psychopathy is an effective strategy as long as the frequency of its occurrence is low enough, which explains the fairly consistent 1% rate; this is analogous to the sexual selection pressures that result in a minority of "alpha" males). A discussion about these issues in the context of Kohlberg's stages can be found at http://www.sfu.ca/psyc/faculty...

      --
      "Politicians and diapers must be changed often, and for the same reason."
    142. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Wow, this is a start of good acid trip! I am you, you're me, we are you, you are we, who are you, am I you, are - you - Manning? (apologies to Muzzy in Gondoland)

    143. Re:They might guarantee it... by Sarten-X · · Score: 1

      Since he's not a member of the military, a military trial of any kind would be very unlikely. The DoD, NSA, and other interested parties would likely be involved, along with the EFF, ACLU, and similar organizations. Unlike certain other high-profile leaks, however, he's still a civilian, and the trial would have to follow civilian rules.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    144. Re:They might guarantee it... by suutar · · Score: 3, Informative

      ... in the sixth circuit.

    145. Re: They might guarantee it... by Marginal+Coward · · Score: 1

      Your example is a poor one, because you're legally obligated to get out of the way of the ambulance, and there is a legal principle that if you violate one law to comply with a more important one, then you have broken no law. It would have been against the law NOT to move out of the way, if you saw that a safe place to move your care that was out of the ambulance's way.

      Very interesting. I was unaware of that at the time (and up until now), but I merely applied common sense to the situation. My point remains, though: if Snowden "did the right thing" what does he have to fear? I guess I still believe that the system mostly works as advertised, though it's clear that many folks here have the converse belief. And if I'm completely wrong, he can become a martyr of some kind for whatever "cause" he represents, and further whatever "ideals" led him to break the law in the first place.

      Likewise, I would stand up for the rights of Good and Right people like me to run stop lights in order to let ambulances get out of the way. And I don't care what all those Bad and Wrong people who run the system have to say about it - even if (as you say) they happen to agree with me.

    146. Re:They might guarantee it... by Marginal+Coward · · Score: 1

      Careful...you might start one of those rare "religious" arguments we have here on Slashdot. ;-)

    147. Re:They might guarantee it... by Dragonslicer · · Score: 1

      Nah, there's already a couple other articles for religion trol- I mean, discussion. And, like you said, it's really rare around here.

    148. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      And if you don't like it, you can suck her dick.

    149. Re:They might guarantee it... by flopsquad · · Score: 1

      Thanks for sharing that, enlightening on a number of topics.

      --
      Nothing posted to /. has ever been legal advice, including this.
    150. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Unfortunately, the Judge in any case in the US, defines what is fair as to what can be heard in a jury trial. By simple logic, a 'fair trial', as I or you would proclaim, will never actually be 'fair' in the US.

    151. Re:They might guarantee it... by alexgieg · · Score: 2

      The text is quite interesting. I haven't read it in full, but I'll do so in the next few days. Thanks! :-)

      As for evolutionary psychology vs. Kohlberg, I don't think this is that straightforward. EP is still evolving, and concepts change a lot in there, it's far from a settled area of study. Evidently, attempts such as this one are quite helpful in reaching that stage someday. But my point is that Kohlberg is psychometrically sound, and finding people in stage 5, while rare, is something that does happen. Sure, it's just 5% or so of the population, and probably only a subset of those are full time at 5, but still it isn't impossible. Stage 6 is a whole different thing, but even so, there are people who do find themselves in it now and then. Way less than 1% of the population for sure, but still some do, some of the time.

      I should also point out that being at a given stage doesn't necessarily mean being altruistic. Being at 5, it means that you think in terms of individuals. Does this lead to altruism? I guess there's a strong correlation, but not necessarily causation. What a stage 5 cannot do is simply to look at someone and think in terms of "a typical x", with "x" being "black", "woman", "French", "jock", "scientist" etc. At stage 5 you're permanently aware everyone is an individual, no exceptions, but that's about it. In terms of closely caring for every single one, that wouldn't happen because you're still limited by your Dunbar's number.

      In any case, it's important to note that brains are complicated, and the fact stages 5 (sporadically) 6 exist doesn't necessarily have to come as the result of evolutionary pressure, but as a side effect of this complexity. It well might be that evolutionarily they persist because they aren't detrimental, and also because stages 5+ tend to develop later in life, usually after the individual already reproduced, so their offspring simply inherits the potential for the trait and carries it on, keeping it present in the population.

      Oh, it this is a good thing insofar as new genetic engineering techniques develop. Who knows? Maybe someday well be able to tap into whatever causes stage to develop among those few 35+ years old where it appears more consistently, and trigger its appearance by design. If that happens the world will become a much nice place. :-)

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    152. Re:They might guarantee it... by BarbaraHudson · · Score: 1

      The Brandenburg case was about sedition. SCOTUS ruled that the first amendment is a valid defense against a charge of sedition, contrary to what everyone else claimed, that there was no defense possible.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    153. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      I'd like some trail mix while we watch the trial.

      Incidentally, what's fair and good has nothing to do with law.

      cf. Buck v. Bell, Brown v. Board of Education of Topeka, et cetera

    154. Re:They might guarantee it... by shawn2772 · · Score: 1

      I'd agree if you fled and then had to be captured to come back for trial. Coming back voluntarily, specifically to be tried, puts a rather different spin on it.

    155. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      It is absolutely legally recognized.

      There's a lot of misunderstanding about "jury nullification". When you use that phrase, what it implies is giving a jury the authority to decide "we don't agree with the law (in this case at least), so let the perp walk".

      A jury can't decide that. Jurors take an oath to "render a true verdict according to the evidence". Their only options are "guilty" or "not guilty", they have to pick one, and they swear to pick one "according to the evidence" and nothing else. Telling them about "jury nullification" is, effectively, asking them to commit perjury - a very serious crime in itself.

      The jury absolutely can decide to find a defendant "not guilty" even if they privately believe s/he is. (Or vice versa.) That's because they don't have to explain their verdict, they just deliver it and walk away. But the key word there is "privately". Any discussion of the subject has to happen solely in the protected privacy of the jury room. If a juror so much as tells anyone else about it - even after the event - they're admitting to, and incriminating others in, perjury and conspiracy to pervert the course of justice, which could net them all hefty prison terms.

    156. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Free Kevin!

    157. Re:They might guarantee it... by jfdavis668 · · Score: 1

      I have never gone up to +5 Insightful and then back down to -1 Troll in a single comment before.

    158. Re:They might guarantee it... by Anonymous Coward · · Score: 1

      When I worked for the federal government, there was something called protection for whistleblowers. They could not even be fired, IF what they did was point out excesses or illegal behavior.

      But we've chosen not to allow Snowden to be treated as a whistle blower, even if he was one. Instead we focus on what he did that we didn't like, and point out HE was the one who broke the law, not the ones he proved broke the law, and continue to do so.

      How far we've gone, and to our peril.

    159. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Umm not quite true.

      Judicial opinion https://en.wikipedia.org/wiki/Jury_nullification#Judicial_opinion

      In the 1895 in the case of Sparf v. United States written by Justice John Marshall Harlan, the United States Supreme Court held 5 to 4 that a trial judge has no responsibility to inform the jury of the right to nullify laws. This decision, often cited, has led to a common practice by United States judges to penalize anyone who attempts to present a nullification argument to jurors and to declare a mistrial if such argument has been presented to them. In some states, jurors are likely to be struck from the panel during voir dire if they will not agree to accept as correct the rulings and instructions of the law as provided by the judge.[37]

      In recent rulings, the courts have continued to prohibit informing juries about jury nullification. In a 1969, Fourth Circuit decision, U.S. v. Moylan, 417 F.2d 1002 (4th Cir.1969), the Court affirmed the concept of jury nullification, but upheld the power of a court to refuse to permit an instruction to the jury to this effect.[38] In 1972, in United States v. Dougherty, 473 F.2d 1113, the United States Court of Appeals for the District of Columbia Circuit issued a ruling similar to Moylan that affirmed the de facto power of a jury to nullify the law but upheld the denial of the defense's chance to instruct the jury about the power to nullify.[39]

      In 1988, the Sixth Circuit upheld a jury instruction: "There is no such thing as valid jury nullification." In 'United States v. Thomas (1997), the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law. The Supreme Court has not recently confronted the issue of jury nullification. Further, as officers of the court, attorneys have sworn an oath to uphold the law, and are ethically prohibited from directly advocating for jury nullification.[40]

    160. Re:They might guarantee it... by Shane_Optima · · Score: 1

      Nonsense. I'm not a fan of his flight to Russia, but self-flagellation is an optional component of civil disobedience, not a mandatory one. In a situation where a secret trial and very lengthy prison sentence seems not-unlikely, there's a strong argument for doing whatever it takes to remain free and freely communicating with the public instead of quietly falling on your sword and no one ever hearing from you ever again.

      If Gandhi had been facing a sentence of 30+ years in solitary confinement after a secret trial, he would have been a moron and a traitor to his cause to not attempt to evade capture.

    161. Re:They might guarantee it... by sjames · · Score: 1

      Reframing has been a popular tactic for at least the last decade. If they repeat the false dichotomy often enough, many people forget that there is a third approach to the question.

    162. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Try as I might, it's hard for me to see Snowden or anyone else who explicitly breaks their word as any sort of hero or candidate for Giver of Law. YMMV.

      Ah, the Nuremberg defense. Only allowed for Americans.

    163. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      You're allowed to defend your actions. Plenty of those accused have.

      Not under the Espionage Act. That's why the government loves invoking it against whistleblowers.

    164. Re:They might guarantee it... by dave420 · · Score: 1

      You seem to be claiming that all American trials are equally fair. As that is demonstrably not the case, you need to revisit your argument to explain that away.

    165. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Otherwise it's just crime and the reason why Snowden sleeps with one eye open.

      As opposed to the criminals he exposed which continue sleeping safe and sound and secure in the knowledge that nobody dares to go after them while they continue to get open mic night in all media.

    166. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Your assertion that jurry nullifcation "isn't legally recognized" is flawed. Jury nullification in the US is legally recognized but the court has stipulated that telling the jury of their right to nullification at the time of trial is not legal. Oh and the Sixth court statement was found to be a false representation on the part of the trial judge.

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

      The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment’s Double Jeopardy Clause, which prohibits the appeal of an acquittal,[2] and the fact that jurors can never be punished for the verdict they return.[3]

      In 1988, in U.S. v. Krzyske,[29] the jury asked the judge about jury nullification. The judge responded "There is no such thing as valid jury nullification." The jury convicted the defendant. On appeal, the majority and the dissent agreed that the trial judge's instruction was untrue, but the majority held that this false representation was not a reversible error.

    167. Re:They might guarantee it... by bkr1_2k · · Score: 1

      Yes, it should. I believe his concern is that it won't. Hence the point of the "article". The government (and Snowden) have proven in the past that they don't care to adhere to the rules we as a society have put forth. No reason to think they would now.

      --
      "Growing old is inevitable; growing up is optional."
    168. Re:They might guarantee it... by Marginal+Coward · · Score: 1

      An interesting point. I never thought about it before, but in the American context, I always thought of "peers" as "ordinary people." In our system, I think that turns into randomly selected people. In Snowden's case, I assume that ordinary people would apply the principles of law (as they understand them) as well as common sense to the situation. This sort of thing, along with the process of jury selection in which attorneys from both sides participate, is intended to achieve "fairness" in the legal sense of the term.

      I find it hard to believe that such an elaborate and venerable system such as this could or would be subverted by the U.S. government in the specific case of Mr. Snowden just to put him in jail. Frankly, even if the system is that corrupt and evil (which I don't believe, unlike the many conspiracy theorists here) Snowden simply isn't worth it. The damage has been done and is unlikely to be replicated in a future such case, so there's really no percentage in persecuting him - except in the minds of the many conspiracy theorists here.

    169. Re:They might guarantee it... by NatasRevol · · Score: 1

      "The authorization granted the President the authority to use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed or aided" the September 11th attacks, or who harbored said persons or groups"

      Pretty sure we've taken care of all of those people.

      --
      There are two types of people in the world: Those who crave closure
    170. Re:They might guarantee it... by danbert8 · · Score: 1

      It isn't legally recognized and it is actively discouraged by judges and lawyers. However, it is very much a thing, and there is nothing the courts or judges can do about it other than trying to identify people who are aware of it and make sure they don't get on a jury.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    171. Re:They might guarantee it... by danbert8 · · Score: 1

      Well we do have a war on terror and I would bet most politicians are terrified of a population with rights that choose to exercise them.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    172. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      As to the jury instruction, can't the judge essentially say anything he wants to the jury, regardless of how outrageous or false it may be? Similar to the way that police can lie with impunity to you?

      Regarding United States v. Thomas, how can the Court have any evidence that a juror is returning a not-guilty verdict, without completely breaking the notion of jury privacy? During voir dire, a juror may be excused for absolutely -any- reason. Even if during that process the juror was asked "Do you intend to nullify the law in this case", and the juror answers "no", what is to stop them from changing their mind from that instant until the verdict is delivered?

      This just points out how this government -cannot- be trusted. I have personally seen jury instruction guides, printed by a State publishing office during the 1970s, that explicitly mentioned nullification and how it was an important right of every juror. Now, the courts are doing every slimy trick they can to pretend that it doesn't exist and to intimidate people from exercising it.

    173. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Perhaps a bigger question would be: how many people have been prosecuted and are serving hard time behind bars for the egregious violations that Snowden exposed? If Snowden is to be prosecuted, he should be the very last of a very long line.

    174. Re:They might guarantee it... by doccus · · Score: 1

      Sure he would. Painful though it might be for me to say, since I agree with the neccessity for his actions, there exists no "special exemption"against treason, even when dealing with a corrupt or overreaching government So I would strongly advise his never returning.. since a "faiir trial" would most assuredly land him in fronyt of a firing squad.. the mandatory form of (summary) execution. And of course , appeals are nonexistent on a verdict containing a summary execution order. So a "fair trial" . NOT what he needs. A change in the legal code IS...

    175. Re:They might guarantee it... by doccus · · Score: 1

      ...Or could this have been handled more discreetly.
      From my point of view, he went all Drama Queen and took it overboard ...

      Indeed. Had he handled it quietly and discreetly he would most certainly have been quietly and discreetly silenced and no action taken, thereby allowing the activites to continue. I'm not *necessarily* implying that he would have been murdered.. there are other ways to silence a threat.. but no change would have occurred. Intelligence services jujst can never have *enough* information - even if 99% is never even gone through, and even spying on their allies is considered essential. I meamn, *are* they our allies, or just an elaborate front portrayed through three wars and 200 years .. even though the head of the departmnent is married to one of them and they have an office next door, go to the same church and have been trustworthy as allies for 200 years, doesn't mean they're not *really* the enemy and taking everybody for a ride!. Seriously - THAT is how these people think.
        Except, of course, if one is British. One simply does NOT question the loyalty of their co-workers in the agency.. It is just not... er... ever... done! When the Americans keep bringing up their suspicions at briefings it is just typical the US' suspicious mentality. Ignore. it will go away... :-)

    176. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Fuck Snowden. Guess things are wearing thin in Putin's wonderland

    177. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Well, if the shoe fits.....

    178. Re:They might guarantee it... by Sarten-X · · Score: 1

      Can you name any particular cases where the law wasn't followed during proceedings?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    179. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Regardless of personal opinion, your assertion is flawed. From the article you linked:

      "In 1988, the Sixth Circuit upheld a jury instruction: "There is no such thing as valid jury nullification." In 'United States v. Thomas (1997), the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law."

      Wrong. Jury nullification arises as a right retained by the people, under the 9th Amendment. It is one of the ways the people tell the government what rights are "retained by" them. It's a last resort, of course: if things progress to the point that jury nullification is needed, that means we're dealing with massive violations of fundamental rights by the government.

      If ANY judge or group of judges comes up with a ruling to the contrary, that person or persons is a) in violation of their oath to uphold the Bill of Rights, and b) engaged in unethical practice of law (the legal profession, as a class in society, is in a position of multiple ethical conflicts of interest with respect to recognizing the authority of the 9th Amendment).

      By definition, rights retained by the people are retained by the people. No entity of government can take such rights away - that would be a contradiction in the law, as there would be no rights retained by the people. This is called "proof by contradiction", I refer you to Euclid for more information, or any high school geometry textbook.

      This conclusion is not a matter of personal opinion, it is instead a matter of basic logic, and no ethical legal professional will even attempt an argument to the contrary, since to do so would be to violate their oath.

      Unfortunately, there is a long history of judges in the USA violating their oaths. This is why it took a Civil War to end slavery, this is why it took a massive Civil Rights Movement (1950s-1960s) to (mostly) end discrimination against African-Americans, and this is why US law is such a disaster today. Whether it's government spying on its own citizens, or abuse of authority, or tort abuse, or patent trolls, or DMCA-related abuses, or abuses of contract law, the legal system is a mess, and in EVERY SINGLE ONE of those cases the policies involved exist in violation of basic, fundamental rights arising under the 9th Amendment (such as the right to ethical practice of law). Unethical politicians tend to select unethical judges, especially when the associations of lawyers want people that aren't going to rock the legal ethics boat and are able to provide substantial campaign contributions.

      At present, Snowden can not get a fair trial, because the US government and legal profession, jointly, are far too committed to ignoring their legal obligations under the 9th Amendment, part of the highest law in the land. There are literally billions of dollars in corrupt funding and "campaign contributions" and "legal fees" at stake here, resulting from all kinds of dirty little practices that do not survive scrutiny under the 9th Amendment.

    180. Re:They might guarantee it... by bhiestand · · Score: 1

      Snowden knew that the same thing awaited him if he blew the whistle in this manner so he felt his only option was the flee the country while exposing what happened.

      You make it sound like Snowden was just minding his own business at the NSA when he stumbled across actions that violated his conscience, ultimately compelling him to go public.

      That is a lie. Snowden took the job with the intention of finding and exposing these documents. He was never even read into the programs... he abused the access his position afforded him to illegally access materials about every program he could, then he gave all the information to a reporter and said "expose the illegal stuff".

      --
      SWM seeks new sig for a brief fling
    181. Re:They might guarantee it... by BarbaraHudson · · Score: 1

      Yes you are. SCOTUS has held that right to free speech is still ok when defending against sedition.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    182. Re:They might guarantee it... by Aighearach · · Score: 1

      That's rather disingenuous, as it names specific organizations that still exist in the world.

      You thought al Qaida were all killed, but that isn't true, and you could easily discover that if only you had access to the interwebs.

      Not only that, but the Taliban still exist, and Mullah Omar was never found or confirmed dead.

      It is part of the inherent nature of declaring war against non-State groups; it can't end unless they get around to declaring the war won in exactly the correct sort of formal way; specifically, one that refers to the War Powers Act authorization for the war ending.

      In the case of the Taliban, we're at war the political organization that was in control of Afghanistan, not Afghanistan the nation, so that is pretty open-ended.

      Words matter, even ones in war declaration forms.

    183. Re:They might guarantee it... by Aighearach · · Score: 1

      It is a logic test. I take out the loaded words whose context confuse people, and replace them with neutral words like Blarg and Blorg. It is a way to reduce these messes of logical fallacy to a truth table.

      Thanks for asking, it didn't occur to me that it would be a surprising communication form.

      You make an odd reference to some sort of "court interpretation" though. Would you mind linking to a mainstream source of what "interpretation" was made of what, by which court? Preferably a wikipedia or legal industry link, please.

    184. Re:They might guarantee it... by Aighearach · · Score: 1

      There are a bunch of implied things there are blatant falsehoods, though.

      Snowden didn't attempt use of any channels. Read the actual emails people point to that he sent to his immediate supervisor; all he did was tell his supervisor that something might not be legal, he was told that it was legal, and that was the end of it. He never made a formal complaint, he never made an informal complaint other than to his supervisor, and he did not contact his Senator or Congressional Representative. Nor did he contact anybody at the Department of Justice, or even one of the military lawyers assigned to liaise with his organization.

      There is no credible accusation of anybody using any of those channels to make a complaint and being "attacked." That was probably actually just a TV show or movie. In movies, it happens every time, granted. ;)

    185. Re: They might guarantee it... by Aighearach · · Score: 1

      That's what happens when you try to bully somebody, you naturally make an ass of yourself.

      Count user-id digits, and then try again.

      No, GET OFF MY LAWN, you can count from the sidewalk, and you can do it on one hand.

    186. Re:They might guarantee it... by Aighearach · · Score: 1

      You seem to be claiming that all American trials are equally fair. As that is demonstrably not the case, you need to revisit your argument to explain that away.

      That is a really wild and crazy presumption.

      Lets examine your logic:

      Most blargs are fair. Therefore no blargs are unfair. T/F?

      Now, I ask you a counter-question: did you intentionally misrepresent both the words of my statement, and also the "gist" within the context? Or are you simply not capable of discussion unless a person already agrees with all your conclusions?

    187. Re:They might guarantee it... by Anonymous Coward · · Score: 0

      Would you want to take your chances that the current Supreme Court would rule differently?

    188. Re:They might guarantee it... by eric_harris_76 · · Score: 1

      Not unless US law changes. Currently, his attorneys would be prohibited from introducing certain evidence and lines of reasoning to the jury.

      Details in _Data and Goliath_ by Bruce Schneier.

      --
      There's no time like the present. Well, the past used to be.
    189. Re: They might guarantee it... by Zero__Kelvin · · Score: 1

      "Of course, it's entirely defensible to assert the position that what he did both was moral and broke the law."

      I would assert that, in order to lead a moral life, one must necessarily break the law upon occasion. There are times when the two are clearly at odds.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    190. Re: They might guarantee it... by Marginal+Coward · · Score: 1

      Sounds like if you and Snowden could find a third like-minded soul, you could form a triumvirate and make only moral laws. Then, none of us would have to break any laws any more to conform to (your) morality. Best of all, as an old boss of mine used to say whenever we caught him breaking his own rules, "The maker of the law is exempt from the law." ;-)

      But seriously, my basic beef with Snowden is that he elected himself chief lawmaker. Of course, the lawmakers that the rest of us elect are far from perfect. But at least they didn't elect themselves...

    191. Re: They might guarantee it... by Zero__Kelvin · · Score: 1

      "But seriously, my basic beef with Snowden is that he elected himself chief lawmaker."

      How the hell did you come up with that. Name a single law Snowden made. Presuming that you are speaking figuratively, he had two options. Be brave enough to expose corruption or hide his head in the sand like a coward.

      Actually, I just went back and re-read your post. It is pretty clear that you were not speaking figuratively, which is astoundingly pathetic. Seriously? Snowden made laws? What kind of drugs are you on, anyway?

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    192. Re: They might guarantee it... by Marginal+Coward · · Score: 1

      Gosh, that's pretty strident. Yes, I'm speaking figuratively. Isn't it obvious that Snowden literally didn't make any laws? For example, he held no office which held that power. Geesh...

      My basic point is that he determined unilaterally what the law should be. Specifically, people who have security clearances sign a legal agreement that causes them to be bound to the (literal) law not to disclose secrets. (Trust me, I know, I once signed such an agreement as part of getting a security clearance.)

      You're welcome to your opinion about whether what he did was right, moral, etc., but it was undeniably against the law. BTW, Snowden evidently agrees on that point - unless he's just enjoying a very extended vacation in Russia.

      As for drugs, all the ones I'm on are either prescribed by my doctor, available over the counter at any pharmacy, or at corner grocery store. I don't currently hold a security clearance, but I wouldn't fail the required drug test for one. Can you make that same statement?...

  2. Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0, Flamebait

    Geez louise, this guy reminds me of Trump with his penchant for coming up with a new media gimmick every other day.

    1. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 3, Insightful

      Trump is real? I thought it was only make-believe monster tales created by the American media.

      Signed,
      a Canadian.

    2. Re:Can't you just stay in Russia and STFU by Grishnakh · · Score: 1

      Trump's a blowhard, but he's not nearly as much of a monster as Cruz would be in office. Cruz wants to turn the US into a theocracy. At least Trump wants some kind of universal healthcare.

    3. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      Anyone who annoys the Davos crowd, the Wall Street Journal, and drives MSNBC into fits is probably not a bad choice. He offends everyone equally, and that is at least somewhat fair.

    4. Re:Can't you just stay in Russia and STFU by ganjadude · · Score: 1, Insightful

      and yet both of them would be waves better than the options the democrats are giving us

      --
      have you seen my sig? there are many others like it but none that are the same
    5. Re:Can't you just stay in Russia and STFU by bugs2squash · · Score: 2

      Whatever excesses were committed by certain Christian elements The last time we let them get away with it .

      FTFY

      --
      Nullius in verba
    6. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      Sanders wants single payer, but he has zero chance of getting it even if he's elected President. Trump refuses to describe what he wants, only that it's like, way better than Obamacare and it's going to make us great again. Oh, and he's way ahead in the polls and the other candidates look sad. And he's going to make America great again! So if you want real leadership, you need to vote for Trump!

    7. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      Or Christians. Women who want control over their body are denied that. Today in several states in the US.

      But rage on, Fox News viewer.

    8. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      If Ted Cruz wins the election, I'm moving to Canada.

      Oh wait! I won't have to!

    9. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      Not necessarily. England was arguably a christian theocracy after Henry VIII, and the Vatican is a current example. There's nothing inherently wrong with the idea, except if the religion in power doesn't happen to be your own. Personally, I don't think anyone's religious beliefs should be involved in any political decision-making.

      Your use of the word "cretin" is particularly ironic, btw.

    10. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      make-believe monster tales

      I first read this as "make-believe monster cables".

      The veracity of the claims is similar.

    11. Re:Can't you just stay in Russia and STFU by Aighearach · · Score: 1

      Trump is real? I thought it was only make-believe monster tales created by the American media.

      Signed,
      a Canadian.

      You're mistaking the man for his hair.

    12. Re:Can't you just stay in Russia and STFU by Aighearach · · Score: 1

      No, actually in Europe it was found to be pretty horrible to have people of the same religion controlling government, and the English Civil War was fought over that, at least to the extent that both sides were "Christian."

      Freedom of religion was about protecting Christians (and everybody else, incidentally) from other Christians in power. The pro-separation-of-Church-and-State side was the Puritan side!!!

    13. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      Anyone who annoys the Davos crowd, the Wall Street Journal, and drives MSNBC into fits is probably not a bad choice. He offends everyone equally, and that is at least somewhat fair.

      Good point, but I still don't think Kayne West would be a suitable choice for POTUS.

    14. Re:Can't you just stay in Russia and STFU by Anonymous Coward · · Score: 0

      and yet both of them would be waves better than the options the democrats are giving us

      That's not even very good trolling. Reasonable people can and do support Rubio, Sanders, Cruz, Hillary, or Kasich. I may personally have more or fewer policy differences with various of those candidates. I may subjectively believe that some of them would be better or worse for our country than others.

      But supporting Trump is objectively unreasonable, and claiming that any of the above candidates would be an inferior choice to Trump bespeaks a fundamental inability to exercise reason and judgment.

      There is precious little that a Trump presidency would be "waves better than." It might tie with an actual tsunami whose waves swept clean the entire Lower 48. At least the tsunami wouldn't be a smug, self-aggrandizing prick as it plunged us into ruin.

    15. Re:Can't you just stay in Russia and STFU by ganjadude · · Score: 1

      no reasonable person supports hillary, the others maybe, however I didnt bring them up

      --
      have you seen my sig? there are many others like it but none that are the same
  3. Still a bad idea by Anonymous Coward · · Score: 5, Insightful

    The US works hard to ensure that Fully Informed (of their right to vote based on conscience rather than facts) jurors are pretty much banned. If you show any signs of being fully informed, you will never be a juror. Easiest way out of jury duty, if you wanted out of it, to be honest, and no worries about penalties either. Just show up and loudly proclaim "I believe in my right to vote not guilty to stop a bad law". You'll never have to show up again, and might even get to leave early.

    1. Re:Still a bad idea by PolygamousRanchKid+ · · Score: 5, Insightful

      My father got called up for jury duty once. He was asked what his profession was. He said he was an electrical engineer working for RCA. Both the District Attorney and the defense attorney wanted him tossed out. My father told me that anyone with half a brain got tossed of the potential jury pool.

      There's your fair trial for you . . .

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    2. Re:Still a bad idea by oneiros27 · · Score: 1

      The last time that I was called up for jury duty, they asked a question that seemed to me to be weeding for people who know about jury nullification. Unfortunately, I don't remember what the wording of the question was.

      (I don't think it was the 'can you judge the issues only based on the facts presented' ... I think it was something where they specifically mentioned something about only judging the law given.)

      They fully seated the jury before they got to me, though. I expected to be kicked as my dad & step-mom are lawyers and at the time I was a town commissioner (so indirectly oversaw police officers). I was most surprised that they seated someone who said she knew both of the lawyers (as she worked at the courthouse).

      --
      Build it, and they will come^Hplain.
    3. Re:Still a bad idea by Anonymous Coward · · Score: 0

      What a load of BS. I'm an engineer and I've served on two juries so far with plenty of other intelligent, educated, and informed individuals. We carefully weighed the evidence in each case and, per the judges' instructions, used our knowledge and experience (except in matters directly pertaining to evidence involved in the cases) to assess whether the actions that were proven to have taken place were criminal in the context of the text of the laws and our own understanding of what is considered to be reasonable. The process allows for reasonable people to render a reasonable verdict without the need for any idiocy. There is no conspiracy to keep jurors from thinking.

      And if you think disrupting court proceedings comes without any penalties, look up "contempt of court." The only easy way to get out of jury duty is to spend the day in jail instead.

    4. Re:Still a bad idea by Anonymous Coward · · Score: 0

      You just tell them that you think anyone that gets to trial has to be guilty. Boom - instantly off the jury.

    5. Re:Still a bad idea by Anonymous Coward · · Score: 0

      For claiming to be a 'intelligent, educated & informed individual', you sure didn't understand what he meant about getting out of jury duty without penalty. Hint: it was NOT as a disruption of court proceedings.

    6. Re:Still a bad idea by Anonymous Coward · · Score: 1

      Your story sounds similar to Neil Tyson's story, which if common place, Snowden is screwed, in my anonymous opinion.

      Neil deGrasse Tyson Jury Duty I & II
      https://www.youtube.com/watch?v=7DdgwjIH-xc

    7. Re:Still a bad idea by smooth+wombat · · Score: 1

      "I believe in my right to vote not guilty to stop a bad law".

      Agreed. If I happened to be on a murder trial I would vote not guilty because the person wasn't being given the death penalty.

      Since the law is a bad law, allowing someone who murdered someone else to be kept around on the taxpayer dime, I would vote not guilty to force the law to be changed.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    8. Re:Still a bad idea by Anonymous Coward · · Score: 0

      Well, anecdotally, I hear this happen all the time. Do you have numbers to set the record straight or did you just write to whine?

    9. Re:Still a bad idea by qwijibo · · Score: 1

      I had a physics teacher who told us he would miss class for as much as a week, until they found out he was a physics teacher and dismissed him.

      I've also been excused from every jury where I've been selected and went through the questions to potential jurors.

      You're right that there's nothing about the system that provides conclusive proof that there is a bias. However, it seems an odd coincidence that every analytical person I've talked to about jury duty has been excused every time. The plural of anecdote is data.

    10. Re:Still a bad idea by Anonymous Coward · · Score: 0

      I was called to jury duty about 18 months ago.

      First they showed a a propaganda film from the ABA. This film tells you that you will be required to swear an oath that you will only consider the facts of the case. The actual oath was that we would simply "uphold and defend the Constitution of the US and of New Jersey."

    11. Re:Still a bad idea by sjames · · Score: 1

      Last time I was in voir dire, I was asked to swear to judge only the facts and not the defendant or the law. When I said I couldn't conscionably swear to that, the judge briefly engaged me in a philosophical discussion of where my responsibility for the defendant's fate ended. When I was not persuaded, I was dismissed.

    12. Re:Still a bad idea by amRadioHed · · Score: 1

      You should be ashamed of yourself for even thinking something so wrongheaded.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    13. Re:Still a bad idea by Anonymous Coward · · Score: 0

      Uugh. A jury full of ignorant, hayseed republicans.

      Did he ever find out what the trial was about?

    14. Re:Still a bad idea by smooth+wombat · · Score: 1

      Go whine to the OP. That is their stance as well. They don't like a law so would vote "not guilty" because they believe it should be changed or removed.

      My stance is no different.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    15. Re:Still a bad idea by Wrath0fb0b · · Score: 1

      My father got called up for jury duty once. He was asked what his profession was. He said he was an electrical engineer working for RCA. Both the District Attorney and the defense attorney wanted him tossed out. My father told me that anyone with half a brain got tossed of the potential jury pool.

      There's your fair trial for you . . .

      How could it be unfair if attorneys for both sides agree he should be tossed? Unfair to whom?!

    16. Re:Still a bad idea by Anonymous Coward · · Score: 0

      What a load of BS. I'm an engineer and I've served on two juries so far with plenty of other intelligent, educated, and informed individuals...The process allows for reasonable people to render a reasonable verdict without the need for any idiocy. There is no conspiracy to keep jurors from thinking.

      Speaking of BS, do you often find yourself assuming you know the intent of every lawyer when selecting a jury?

      I've served on juries before too. Here's my evidence that they don't want us thinking too hard. We sat there for two weeks watching binders of data pass back and forth. Literal mountains of paperwork delivered as evidence, and it was a fairly serious trial at the Federal level.

      So what happened when it came time for us to actually use our brains to deliberate? Yeah, that "mountain" of evidence was reduced to a fucking comic book to review. So much for actually thinking about it and being able to review the documentation and evidence in the case.

    17. Re:Still a bad idea by Anonymous Coward · · Score: 0

      I don't think "loudly proclaiming" anything in the parking lot or in the waiting room will amount to much of anything, so that just leaves the courtroom, where jurors are not to "loudly proclaim" anything; any discussions are done quietly with the judge and lawyers. "Loudly proclaiming" anything will get you a stern talking-to at a minimum, a seat in a cell at worst.

    18. Re:Still a bad idea by Anonymous Coward · · Score: 0

      You just tell them that you think anyone that gets to trial has to be guilty. Boom - instantly off the jury.

      Do you honestly think judges and lawyers haven't heard that one before? Why don't you try to sell them a bridge in Brooklyn while you're at it? These are people who deal in lies every day of their lives. Unless that is what you honestly believe and have some way to prove it, you'll be in for some serious questioning before the judge decides whether to send you back to the jury pool, to a cell, or home. There's nothing instant about it. I have to wonder if any of the people giving this advice have ever actually taken it themselves.

    19. Re:Still a bad idea by chihowa · · Score: 1

      How could it be unfair if attorneys for both sides agree he should be tossed? Unfair to whom?!

      Justice, I suppose. Both of the attorneys wanted gullible jurors on the basis that it's easier to make a case based on bullshit emotional pleas than it is to uncover all of the facts and debate them.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    20. Re:Still a bad idea by Anonymous Coward · · Score: 0

      Speaking of BS, do you often find yourself assuming you know the intent of every lawyer when selecting a jury?

      No need to assume, it is often stated quite plainly. The lawyers do what they can to shape a jury to be more sympathetic to their side. Their ability to do so is limited by the number of jurors they can dismiss without cause and their ability to convince the judge that there is cause to believe that a juror cannot render a fair and impartial verdict in the case in question. Beyond that, they are stuck with whoever is next on the list, excepting cases where the juror is able to make a convincing case for conflict of interest, hardship, or personal bias that they are unable to consciously overcome. That is the process that is clearly laid out before every juror who is called to jury duty at the state or federal level (though federal has better quality videos and pamphlets).

      I've served on juries before too. Here's my evidence that they don't want us thinking too hard. We sat there for two weeks watching binders of data pass back and forth. Literal mountains of paperwork delivered as evidence, and it was a fairly serious trial at the Federal level.

      So what happened when it came time for us to actually use our brains to deliberate? Yeah, that "mountain" of evidence was reduced to a fucking comic book to review. So much for actually thinking about it and being able to review the documentation and evidence in the case.

      That is certainly suspicious. What was the judge's response when you requested the remainder of the evidence? If it was raw data, then interpretation of the data by expert witnesses might have been presented as evidence, in which case the jury would only be able to consider the testimony rather than interpret the data themselves. Jury interpretations of data would, in effect, be generating additional testimony that is not subject to review by a judge or cross examination. This is why people with particular expertise in an area relevant to the case are excluded from juries; it isn't that the court doesn't want their opinions to be available to a jury, it is that these opinions must be handled as testimony.

      But it's certainly possible that something fishy was going on. The problem is that the system goes a bit overboard to avoid undue influence to a jury that seemingly innocuous evidence is often excluded or restricted. Saying that someone was shouting is usually admissible, but saying that someone was shouting "Hey, you!" is hearsay. It is a very fine line that borders on the absurd, but that's our legal system for you...

    21. Re:Still a bad idea by amRadioHed · · Score: 1

      You are saying the grounds for your protest is that you don't want to waste money on the criminal, and yet you are calling for a fix that is much more expensive. No, the OP said nothing as foolish sounding as that.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    22. Re:Still a bad idea by Jason+Levine · · Score: 1

      I was called in for jury duty a few months back and the judge asked everyone who was called up whether they were ever victims of a crime or were ever accused of a crime. Most of those people were excused unless they could honestly say that it wouldn't color their judgment of the defendant. One of the people called up was a lawyer and they went back and forth about whether he could apply the law as the judge said to apply it and not how he, himself, understood the law. He wasn't selected for the jury and, on the way out, I overheard him say he'd never select a lawyer to be on one of his juries.

      Unfortunately, I wasn't even called up. The defense attorney was asking people to describe themselves in one word and I was going to use "geeky" just to see the reaction (and because it's true).

      I was most surprised that they seated someone who said she knew both of the lawyers (as she worked at the courthouse).

      My wife was selected for a jury despite being family friends with the judge for about a decade. (Coincidentally, that same judge was presiding over the case I was called in, but not selected for.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    23. Re:Still a bad idea by Frank+Burly · · Score: 1

      There are a lot of rules of thumb about picking jurors. As a juror, an engineer won't be relied upon to to set aside their preconceptions (which they view as self-evident fact) or apply rules he or she has not run to ground. This thread is a good example of those weaknesses as a juror. FWIW, I have heard that once they know the rules, engineers make excellent lawyers.

    24. Re:Still a bad idea by PolygamousRanchKid+ · · Score: 1

      That's sort of the way that my father described it. Both attorneys were trying to get jurors who they thought they could "manipulate", and not think for themselves.

      If the prosecution had won, and the defendant was actually innocent, it would be unfair to the defendant. If the defense had won, and the defendant was actually guilty, it would be unfair to the victim.

      A high school friend of mine was caught by the police drinking beer with some friends in a parking lot. His father knew a good lawyer. He took a quick look at the police report, and determined that the policeman had charged him with the wrong crime. The policeman noted a law against drinking while *driving*. He was parked at the time. The judge tossed it out.

      Hell, yeah, he was guilty, but the policeman made a mistake. My friend commented on it . . . "I got lucky" . . .

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    25. Re:Still a bad idea by Anonymous Coward · · Score: 0

      You're a special kind of stupid.

      Reddit seems more like your place. You'll fit right in there.

    26. Re:Still a bad idea by Anonymous Coward · · Score: 0

      The plural of anecdote is data.

      This is why you don't qualify as an "analytical person."

    27. Re:Still a bad idea by Anonymous Coward · · Score: 0

      That is a fair, yet foolish assessment. If you really believe that, that's no problem with me. I think it's rather silly because the death penalty actually costs more than a life sentence, but whatever floats your boat.

      The fortunate thing is that a jury can't always be hung due to a single dissenting juror with an incorrect view on politics (incorrect simply because it actually is incorrect---you cannot reach your goal in the way you state you intend to). Yes, state trials do not always require a unanimous verdict, and many civil trials do not require one either.

      Furthermore, a hung jury does not release someone from the crime. You require all 12 jurors to be in a not guilty state for that to happen (and even then, there are ways around it). Thus you will need to convince 11 others of your incorrect view that has an obvious mistake in it. In fact, the other jurors will point out how the inevitable mistrial will simply cost even more money, because frankly, it doesn't take a genius to see that.

      So, basically, the idea works great so long as whatever you decide is ethically wrong in the law is easily justifiable. For example, if there ever was a jury trial for the RIAA vs. old granny that doesn't own a PC, not a hard one to convince the others of, and the view that she doesn't need to go to jail is not particularly unique, thus the government would face mistrial after mistrial even if only 10% agree with you. For your example, I truly do believe you have a completely unique view, so for the single trial you'd likely be selected for, you'd just cause a mistrial and the next one would solve the problem.

    28. Re:Still a bad idea by KGIII · · Score: 1

      And yet, I've sat on a number of juries. I've no problem voting to find them not guilty nor do I mind jury nullification. Hell, I even understand the legal system fairly well. I actually like jury duty.

      I suppose you could argue that I'm not analytical or that I'm stupid but I've a Ph.D in Applied Mathematics. I've been a member of multiple juries and have felt it was my civic duty to do so - and enjoyed the process, the honor, and responsibility.

      All of these claims that people make? Yeah... I've spent a lot of time observing the courts (I'll wager more than many/most) and I've never once witnessed anything like the claims. I've never seen 'em skip anyone because of their intelligence. I've never seen 'em not pick someone 'cause of their knowing too many of their rights. That's not to say those things don't happen - just that I've never observed them. It's also pointing out that I've observed a bunch - to the point where I'm confident saying that it's far more than most folks here, unless they're lawyers.

      Hell, I've spent more time observing the courts than some practicing lawyers do. (Not all lawyers work in courtrooms.) I've been a 'friend to the court.' And no, I've never seen anyone not picked because they were too smart or because they are too knowledgeable of their rights and responsibilities. Usually, the questions asked aren't really geared to elicit answers that would even indicate such.

      --
      "So long and thanks for all the fish."
    29. Re:Still a bad idea by hey! · · Score: 1

      My father told me that anyone with half a brain got tossed of the potential jury pool.

      Well, I guess that says bad things about me because I've served on criminal trial juries twice.

      What I experienced was a group of ordinary people in a situation where they asked to do something very extraordinary. And in that situation seemingly ordinary people do rise to the occasion. It's actually inspiring to witness that.

      Now in defense of my own intellect I had enough of a brain to get accepted to Harvard and MIT -- I chose to got to MIT. Being there taught me a lot about smart people. Super-smart people in many ways aren't that different than just somewhat bright people, but one thing that's a pitfall for them is that they're so accustomed to being right when people around them are wrong. Super-smart people may in fact be less likely to act like fools than ordinary folks, but when they are foolish, boy oh boy there's no fool like a really smart fool -- not for stubbornness at any rate. Yes, you may be right more often than most people, but nobody is right all the time.

      So if the prosecutor and defense attorney detected even a whiff of disregard for the opinion of others viewed as intellectual inferiors they'd be right not to want that person on the jury. It's not that that person will be wrong, it's that he won't contribute to the deliberative process. Maybe he'd be a good choice if you wanted a jury of one, but the risk of deadlocking when you have someone infected with overweening intellectual pride is just too high.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    30. Re:Still a bad idea by PolygamousRanchKid+ · · Score: 1

      FWIW, I have heard that once they know the rules, engineers make excellent lawyers.

      My father would have made a terrible lawyer . . . he was way too honest.

      A cousin of mine works in Calgary, Alberta in Canada as a lawyer in the oil industry. He told me that I would never need to worry about being sued. He said, "You just don't have enough money to be interesting for a lawyer." For example, if a female colleague accused me of sexual harassment, she wouldn't sue me . . . she would sue my employer . . . because they have cash.

      Depending which way the wind is blowing, my cousin sues evil oil companies, for abusing innocent land owners with oil. Or he sues evil private landowners, trying to abuse innocent oil companies.

      Oh, well.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    31. Re:Still a bad idea by Aighearach · · Score: 1

      No, you're being willfully ignorant of the differences in the positions, and attempting to wordsmith a position that you probably don't actually hold as a rhetorical device.

      If you don't think a law should exist, then voting "not guilty" achieves the end of not applying the law. In your fabricated scenario, you're creating a completely different result than you intend, just out of protect, out of belief in some theoretical public backlash. But people nullifying bad laws are not trying to protest; they're trying to achieve their goal of not applying the law to the defendant.

      Also, not applying the law is in the same direction as the action not being illegal; it is less severe of a punishment than for being guilty. In your scenario, you apply a less severe punishment out of a belief that a more serious punishment is preferred. Your fake position on murder doesn't even achieve your fake ends! Instead, you bring in completely unrelated subjects like prison funding, that are clearly not part of a juror's purview.

    32. Re:Still a bad idea by Anonymous Coward · · Score: 0

      I sat on a jury with four other engineers. Several of us (including me) had been on a jury before. We discussed programming languages during lunch. Could be more to do with my location (lots of tech in the area) than anything else.

    33. Re:Still a bad idea by Anonymous Coward · · Score: 0

      The plural of anecdote is anecdata.

    34. Re:Still a bad idea by NormalVisual · · Score: 1

      The last time I had jury duty, I ended up as the jury foreman even after having told them I'm a developer. I'm not sure whether or not to be insulted by that.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    35. Re:Still a bad idea by NormalVisual · · Score: 1

      Unfair to the deliberative process. In general, the more likely you're perceived to just accept the judge's instructions and the legal theater in front of you, and not apply any inductive or deductive thought to the case, the more appealing you are as a juror. Fortunately, the last jury I served on didn't have a single dim bulb in the bunch, much to the prosecutor's dismay at the end.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    36. Re:Still a bad idea by NormalVisual · · Score: 1

      the judge briefly engaged me in a philosophical discussion of where my responsibility for the defendant's fate ended.

      "With a verdict I believe to be fair, honest, and justified, Your Honor."

      "This juror may be dismissed."

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    37. Re:Still a bad idea by qwijibo · · Score: 1

      It's good to see a few people on this thread having similar experiences to yours. The vast majority of experienced professionals I've talked to about jury duty have been dismissed.

      I've gone to jury duty interested in seeing the whole process end to end, but always get dismissed. The process would seem more impartial if they needed a compelling reason to dismiss a juror.

      One time, I got dismissed from a jury because I was taking a Japanese class in college. The defense attorney took umbrage with that class in particular, though he forgot what college I was attending, my major, and my line of work, because he had to ask all of those questions a second time. I can only assume that his defense was based on the idea that white people should not be sued by Indians when the white guy rear ends the Indian guy.

      Another time, in a drug possession case, one prospective juror came out and told the judge he thought it was immoral to lock people up for victimless crimes. At least that seemed like a legitimate reason someone could not be fair and impartial.

    38. Re:Still a bad idea by beastofburdon · · Score: 1

      Unless you are being sarcastic, that would be because you are fucking stupid.

    39. Re:Still a bad idea by Anonymous Coward · · Score: 0

      Executing someone is 3 times more expensive that locking someone up for life*. Given that, do you still want the death penalty?

      *I believe this is true, however if you really care about it you may wish to take a look at the research yourself. However, assume it is for the purpose of my question whether you choose to believe it or not.

    40. Re:Still a bad idea by Anonymous Coward · · Score: 0

      You're right that there's nothing about the system that provides conclusive proof that there is a bias. However, it seems an odd coincidence that every analytical person I've talked to about jury duty has been excused every time. The plural of anecdote is data.

      They can't get away with being that broad here. The Superior Court of California, County of Santa Clara (which covers the heart of Silicon Valley, for those of you who don't know) wouldn't have juries at all if they tossed out everyone with a decent science education. I've served on juries twice (admittedly over nearly 20 years) in spite of being a software engineer. They still obviously try to get rid of certain specialties (like statistics and testing methodology), but it's much less than it sounds like where you are.

      I know when I grew up that my parents always both got tossed from jury selection every time, but that wasn't around here.

  4. Mandatory quote from Honor Harrington: by Anonymous Coward · · Score: 0

    "At least we can be sure they have a fair trial before they're executed".

  5. Jury by Anonymous Coward · · Score: 0

    If you think that a jury would be assembled that had one clue about technology or that had an average IQ above 75...

    It would be a slaughter.

  6. They Could Get The Pope To Assure Him by zenlessyank · · Score: 5, Insightful

    And I still wouldn't believe them. There is no such thing as a fair trial when the US Govt. is involved. They will hang you, shoot you, or put you to sleep. I understand you are homesick, but that ship has sailed. Unless they offer to make you president, just stay in Russia.

    1. Re:They Could Get The Pope To Assure Him by Anonymous Coward · · Score: 0

      And I still wouldn't believe them. There is no such thing as a fair trial when the US Govt. is involved. They will hang you, shoot you, or put you to sleep. I understand you are homesick, but that ship has sailed. Unless they offer to make you president, just stay in Russia.

      Right. Because Russia is a paragon of virtue and law.

      Snowden is a pawn of Putin to stick it to the US; nothing more. He wants to come back because as soon as he's not useful he's dead. Just ask Boris Nemtsov, Anna Politkovskaya, and Alexander Litvinenko. In the US the worst he'll face is prison time.

    2. Re:They Could Get The Pope To Assure Him by Grishnakh · · Score: 1

      Oh please, why would they kill him unless he's doing something to antagonize the ruling elite there? Snowden is antagonizing the ruling elite in the US, so of course Russia is happy about that, but there's zero evidence that he's going to do anything at all to piss off the Russian government or other elites. He's really not in a position to, even if he wanted to. It's not like they're going to hire him to be a system administrator for highly-classified Russian government computers.

    3. Re:They Could Get The Pope To Assure Him by Anonymous Coward · · Score: 0

      No. In the US, as a traitor working for the military, he will be executed if found guilty. I don't know where you came up with the ridiculous assertion that the US won't execute people like Snowden.

    4. Re:They Could Get The Pope To Assure Him by Anonymous Coward · · Score: 0

      Cute whataboutism. Like the US gets any moral high ground whatsoever in these matters...

    5. Re:They Could Get The Pope To Assure Him by ihtoit · · Score: 1

      wasn't he a contractor working for the CIA?

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    6. Re:They Could Get The Pope To Assure Him by Dr.+Evil · · Score: 1

      "wasn't he a contractor working for the CIA?"

      OMG, they'll get all his secrets!

    7. Re:They Could Get The Pope To Assure Him by Nidi62 · · Score: 1

      And I still wouldn't believe them. There is no such thing as a fair trial when the US Govt. is involved. They will hang you, shoot you, or put you to sleep. I understand you are homesick, but that ship has sailed. Unless they offer to make you president, just stay in Russia.

      Right. Because Russia is a paragon of virtue and law.

      Snowden is a pawn of Putin to stick it to the US; nothing more. He wants to come back because as soon as he's not useful he's dead. Just ask Boris Nemtsov, Anna Politkovskaya, and Alexander Litvinenko. In the US the worst he'll face is prison time.

      Except those people were threats to Putin's power. Snowden would be a closer analogue to Kim Philby. Although he didn't spy for the Russians like Philby did, Snowden's use as a propaganda tool is very useful for Putin. Nemtsov, Politkovskaya, and Litvinenko were also Russian citizens while Snowden is still an American citizen. Killing him would come with problems, although a good portion of the world would probably assume the US did it anyway.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    8. Re:They Could Get The Pope To Assure Him by Anonymous Coward · · Score: 0

      Traitor has very specific legal definitions. Several of which would disqualify Snowden.

    9. Re:They Could Get The Pope To Assure Him by Anonymous Coward · · Score: 0

      In the US the worst he'll face is prison time.

      You forgot to add: "in solitary confinement with occasional water boarding so that the does not feel bored."

    10. Re:They Could Get The Pope To Assure Him by BruceNotWillis · · Score: 1

      Snowden has a good message, but he basically ran into the the Gulag and started preaching about human rights without saying anything negative about the Gulag he is in. Seems moronic to me. Let him stay in Russia, the Gulag.

    11. Re:They Could Get The Pope To Assure Him by psithurism · · Score: 1

      There is no such thing as a fair trial when the US Govt. is involved. They will hang you, shoot you, or put you to sleep.

      Any examples? I'd be willing to accept that They make obscure people disappear, but a notable guy like Snowden disappearing in US custody would be unbelievable to me. Maybe a little waterboarding and an extra IRS audit of his parents. Martyring him would only ensure the general public becomes fixated on his revelations and corruptions of the system.

      Unless they offer to make you president, just stay in Russia.

      I think he's in more danger of execution outside the states where he could be declared an enemy combatant and assassinated as such. Some US ally could be found responsible for the act.

    12. Re:They Could Get The Pope To Assure Him by Grishnakh · · Score: 1

      There's a couple reasons for this:
      1) He's not privy to secrets about his new gulag, so he can't really comment on it too much. He was privy to secrets about his former gulag, so he spilled those.
      2) He has a choice between two gulags. His new gulag treats him a lot better than his old would if he went back. So it'd be pretty stupid to complain about his new gulag.
      3) Maybe the new gulag actually isn't as bad as the old gulag. I never hear news stories about Russian police constantly shooting people in the back, for instance. I have heard of a few cases of high-profile political people dying mysteriously, but that's no different than the US, where Bill and Hillary Clinton had some guy murdered.

  7. Good luck by Impy+the+Impiuos+Imp · · Score: 1

    Might as well ask if you can discuss the merits of the 2nd Amendment being a final check by The People on an out of control government at the trial because you shot the city dog catcher.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  8. Not a good idea by robinsonne · · Score: 5, Insightful

    A "fair trial" for him ends with him in prison for life, or worse. Stay in Russia and enjoy what little freedom you have Mr. Snowden.

    1. Re:Not a good idea by Anonymous Coward · · Score: 2, Interesting

      Maybe he understands that freedom is not simply an object of enjoyment, but also intrinsically worthy of the struggle towards it, and not just for himself but also for everyone else?

    2. Re:Not a good idea by Anonymous Coward · · Score: 1

      >A "fair trial" for him ends with him in prison for life, or worse.

      No, it doesn't. He's looking at maybe a max of 30 years. He's already attempted to negotiate a plea deal which would have him serving some jail time, but the DOJ supposedly hasn't responded.

    3. Re:Not a good idea by Anonymous Coward · · Score: 0

      A fair trial in this case would have to involve international observers: Amnesty International, the High Commissioner on Human Rights, Human Rights watch and so on...

    4. Re:Not a good idea by Aighearach · · Score: 1

      Nope. 20 year limit, or 30 years, depending on if the judge decides that the crime was in the context of a "time of war" or not.

      They could instead ask for the death penalty under the statute, but they wouldn't get it because the sentencing guidelines don't call for it, and it isn't used for espionage cases in modern times.

    5. Re:Not a good idea by Anonymous Coward · · Score: 0

      Exactly ... he will be convicted and put into the Super Max. He would be a fool to return.

  9. How is this news? by Anonymous Coward · · Score: 1

    That has been his position all along.

  10. Better idea: by Anonymous Coward · · Score: 0

    *You* go to Russia. Or better, we drop you in parachute somewhere over Syria. No papers, no money. You try to get on refugee trail towards hospitable (yes, sarcasm here) Europe.

    The ultimate Reality Soap for you, you asshat.

    (Captcha was "hitching". How appropriate)

    1. Re:Better idea: by Anonymous Coward · · Score: 0

      *You* go to Russia.

      Wow, that was a witty comeback. Hope you didn't spend too much time coming up with it.

      BTW you look ridiculous wearing that Trump baseball cap.

  11. Re:Fair trial? by Anonymous Coward · · Score: 5, Insightful

    Does anyone believe anyone can get a fair trial in the US?

    The US has the **worst** justice system in the world. Nobody gets any type of "fair trial" here unless you're a white male at the head of a corporation.

    That's a bold statement.

    China just illegally extradited 5 people from Hong Kong (1 nation, 2 systems agreement does not allow for intelligence agencies to extradite citizens) for running a "banned book" publishing site because they were about to publish something awful against President Xi. One of those people was a British citizen. THey are now making public confessions on Chinese State media. http://www.newyorker.com/news/daily-comment/the-case-of-the-missing-hong-kong-book-publishers

    Egypt just gave a book publisher 2 years in prison for publishing "sexually explicit material" because some guy read his novel and got heart palpitations and a drop in blood pressure. http://www.cnn.com/2016/02/21/africa/egypt-author-sentenced/index.html

    Iran executes people for being gay. http://observer.com/2015/05/how-iran-solved-its-gay-marriage-problem/

    You're a bit out of line claiming the US has the worst justice system in the world.

  12. You know what would be cute? by bigsexyjoe · · Score: 1

    If the judge actually was a kangaroo! That would be adorable!

  13. Nope. by Anonymous Coward · · Score: 5, Informative

    Espionage Act it is. The only defense allowed being "I didn't do it". Which would be rather ridiculous.

    And judge and jury only get to decide "did he do it?".

    There is nothing in store for Edward Snowden but a sham trial with hardwired "Guilty" verdict. The U.S. won't clean up their ridiculous laws allowing the government to get predetermined results when they really want it. Most certainly not in order to benefit Snowden or any old whistleblower;.

    1. Re:Nope. by Speck'sBacon · · Score: 1

      There's always jury nullification.

    2. Re: Nope. by WindBourne · · Score: 0

      Snowden went much further than whistleblowing. Whistleblowing is the act of reporting illegal or immoral actions. When snowden reported the spying on Americans, that was whistleblowing. When he reported how nsa spied on AQ, china, Russia, ISIS, and even Brazil and Europe, he became a traitor and is up for aiding/abetting the enemy. If he gets tried back here, he should get a 50 cal to the head.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re: Nope. by Anonymous Coward · · Score: 0

      Snowden went much further than whistleblowing. Whistleblowing is the act of reporting illegal or immoral actions. When snowden reported the spying on Americans, that was whistleblowing. When he reported how nsa spied on AQ, china, Russia, ISIS, and even Brazil and Europe, he became a traitor and is up for aiding/abetting the enemy. If he gets tried back here, he should get a 50 cal to the head.

      As you obviously like to paint heavily with that traitor brush, care to tell me how spying on our damn allies is considered aiding/abetting the "enemy" here?

      When trying to hold you ground based on definitions, it's best to not make yourself look fucking ignorant in the process.

    4. Re: Nope. by Anonymous Coward · · Score: 0

      Espionage is not treason. Treason consists only of levying war against the United States or giving aid and comfort to people levying war against the US. We are not in a declared war, and all of the recognized nations mentioned are allies. In the strictest legal sense, you're a lying fascist apologist.

    5. Re: Nope. by Pseudonymous+Powers · · Score: 1

      When snowden reported the spying on Americans, that was whistleblowing. When he reported how nsa spied on AQ, china, Russia, ISIS, and even Brazil and Europe, he became a traitor and is up for aiding/abetting the enemy.

      I'm curious, how would you have blown the whistle if you were in his place? I like to imagine it would go something like this:

      PROSECUTOR: So, Mr. Snowden, according to your testimony, the NSA set in place no fewer than five top-level programs to illegally gather the Constitutionally-protected personal information of American citizens, and that this information is sourced from almost every aspect of the telecommunications infrastructure, regardless of any established or suspected criminal status of its participants. If that's the case, sir, how is it that NO foreign nationals were caught up in this massive worldwide dragnet?

      SNOWDEN: Well, I mean, of course they also gathered information on foreign nationals. They couldn't avoid that, even if they wanted to, which they don't.

      PROSECUTOR: Aha! Your honor, given that the defendant has just confessed to high treason, in revealing classified information on how the NSA spies on America's enemies, and for that matter, allies, I move that we bind this case over to a secret court, and that Snowden be placed in solitary confinement for an indefinite period, but almost certainly for at least a decade or so.

    6. Re:Nope. by Anonymous Coward · · Score: 0

      It would not be a sham trial, it would be slam dunk trial. He willing admits to breaking the oath he swore to uphold, it doesn't matter if he felt a moral requirement to do so, he is GUILTY without a shadow of a doubt. All that is left is his sentencing, life in jail or death, but I would guess the government would not go for the death penalty they have not in the past 65 years.

    7. Re: Nope. by Anonymous Coward · · Score: 0

      Americans like yourself are the ones who deserve a 50 cal to the head for being the shameless hypocrits that you are

    8. Re:Nope. by Anonymous Coward · · Score: 0

      Except the jury wouldn't be presented with any compelling reason since you can't defend your actions.

    9. Re: Nope. by WindBourne · · Score: 1

      We had permission to spy on Europe. If you think otherwise, you are kidding yourself. The only issue was spying on merkel.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    10. Re: Nope. by WindBourne · · Score: 1

      define treason
      the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.

      Nothing about war in there.
      And you think that AQ, isis and china are allies? Not even close.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    11. Re: Nope. by WindBourne · · Score: 1

      Me, I would have stuck with the first 1/10 of what he came out with. He was a true whistle blower that had my respect when he spoke about spying on Americans. NSA is NOT ALLOWED TO DO THAT. Technically, PAT act gave them that ability, but, they know better. Simple as that.
      Sadly, it is what follows after that, that turned him into a traitor.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    12. Re: Nope. by Aighearach · · Score: 1

      Brazil and the EU are in no way enemies, so those couldn't be treason or aiding an enemy. Merely espionage punishable by death, or up to 20 years in prison.

      AQ is a real enemy, of course: https://en.wikipedia.org/wiki/...

    13. Re:Nope. by KGIII · · Score: 1

      Breaking an oath is not, necessarily, a crime. How you break it may be a crime. Also, he was a private contractor. I doubt he swore any oaths in connection with his duty as a private contractor working with the NSA. He probably did sign an NDA, take some training, and filled in a form to get approved. Filling in the form with lies is against the law but that's still not really swearing an oath or anything. He did swear some oaths when he worked at the CIA and he must have sworn when he was enlisted. I'm pretty sure of the former and certain of the latter.

      Am I missing something and did he actually swear any oath? I keep hearing this.

      It's odd 'cause I've sworn some oaths before. I served in the military and enlisted a second time. I've been sworn at a couple of times.

      I've even had my security clearance. I've even worked as a private contractor. I've even worked, as a private contractor, with classified data. In this last part, there were no oaths sworn. Nope, not even a hand-holding-up-and-repeat-after-me, ceremony or anything. I didn't get a plaque, a certificate, or anything! So, if I should have been sworn at - I want to do it again.

      That and, well... Violating your oath is not, necessarily, violating the law. It's grounds for termination but not (by itself) grounds for legal remediation. I'm trying to figure out what kind of oath this oath might be? I'm actually almost at a loss for words. That's a rarity for me. I just have no idea why this oath subject keeps coming back up as if it means something specific.

      If he did sign an oath, it'd probably have been pretty generic. He probably did, however, sign a contract and an NDA. Signing isn't really swearing and contracts and NDAs aren't really oaths. Are they?

      So, I figured I'd do some investigating. Here's what I've found so far:

      ... Snowden, as far as one can tell, didn’t take an “oath” not to disclose classified information ...

      That's a bit out of context but the rest of the quote is immaterial, here's a link:
      http://www.newyorker.com/news/...

      Where did this oath thing even come from? Why do people believe vague oaths, very much subjective, are actually the rule of law? When the hell did you last see or hear of anyone facing trial for "oath-breaking?" Maybe you can help me figure out where the hell this all came from and why people are running around yelling about it as if it helps further the discussion?

      --
      "So long and thanks for all the fish."
    14. Re:Nope. by Anonymous Coward · · Score: 0

      Why would an impartial jury not allowed to hear or consider any justification for Snowden's actions rule that he did not commit them when he clearly admits doing so? Remember: even knowledge of jury nullification makes you ineligible as a juror.

    15. Re:Nope. by beastofburdon · · Score: 1

      That is a joke. If he got a trial at least 3/4 of the jury would be CIA or FBI.

  14. I don't think that's how trials work by damn_registrars · · Score: 2, Interesting

    IANAL, but my understanding of criminal trials is that the accused - not the law - is on trial. My understanding is that the jury needs to decide whether or not the state presented a solid argument for the accused having committed the offense(s) they are accused of. I am not aware of a situation where the jury is tasked with evaluating the validity of the law under which the accused is charged.

    I'm not saying that the acts of the NSA were justified or constitutional, I'm just saying that the criminal case against Snowden is not the place where that is to be evaluated.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:I don't think that's how trials work by Anonymous Coward · · Score: 5, Informative

      It's called jury nullification, and the legal system really, really, really doesn't like it, even though its totally a thing.

    2. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Part of the jury's responsibility has always been not just to decide whether a law has been broken, but whether that law is justly applied. Although the system goes to great lengths to not let folks realize this is part of the jury's job. https://en.wikipedia.org/wiki/Jury_nullification

    3. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      I'm not saying that the acts of the NSA were justified or constitutional, I'm just saying that the criminal case against Snowden is not the place where that is to be evaluated.

      It will be if Snowden relies on a whistleblower defense of violating the law in the public interest. His whole justification of doing what he did is that the NSA violated the constitutional rights of millions of Americans because of warrantless mass surveillance and that the American public had a right to know.

    4. Re:I don't think that's how trials work by JimSadler · · Score: 2

      Every jury has to judge the quality of a law as well as the consequences of punishments. There are moral outrages in our system. There are actually people serving life with no hope of parole who have done next to nothing wrong at all. There are people serving very long sentences who had cops plant evidence to bury them alive. Recently a man was released who had spent 40 years in an isolation cell in Louisiana. Cruel and unusual punishment leaps to mind. Here is why laws sometimes need to be ignored. Louisiana is listed as a state that applies torture due to the wretched conditions in their prisons. Amnesty International has listed them that way for decades. There was a prison riot in which a guard was killed. Three of those inmates were given life sentences although God only knows who did what in that prison riot. So the man was thrown into an isolation cell where they intended to keep him until he died. Lawyers got him released. Now imagine a man and just what such a man might do after being in isolation for 40 years. How much rage might a man carry after being mistreated in a very evil prison system and rioting, trying to preserve his basic human rights and needs and then being tossed into isolation for 40 years. And to put the frosting on the cake he had to agree to a plea stating that he had guilt to lesser charges in order to be released. By admitting some guilt the state gets away from having to pay him for being tortured all those miserable years.

    5. Re:I don't think that's how trials work by Trailer+Trash · · Score: 1

      IANAL, but my understanding of criminal trials is that the accused - not the law - is on trial. My understanding is that the jury needs to decide whether or not the state presented a solid argument for the accused having committed the offense(s) they are accused of. I am not aware of a situation where the jury is tasked with evaluating the validity of the law under which the accused is charged.

      I'm not saying that the acts of the NSA were justified or constitutional, I'm just saying that the criminal case against Snowden is not the place where that is to be evaluated.

      The jury can vote any way they want, and they literally rule in the court room. The judge is basically a referee. (In most jurisdictions in the US) The jury might judge based on the law or they might judge based on the fact that they think the law is wrong. I recently read about one case where a guy was being prosecuted for having an extremely small amount of marijuana and they let him off because they thought it was a monumental waste of time and money to prosecute a guy for having a roach.

      They can literally do *anything they want*.

      If they decide to simply throw out the law it's called "jury nullification". In other words, "yeah, we think he broke the law but we don't like the law so he gets off". It pisses off prosecutors - and often judges - but they don't rule the court room.

      Now, many judges are trying to keep people on juries from finding out about this, that's why the "fully informed jury association" exists. Read up on it, it's pretty interesting.

    6. Re:I don't think that's how trials work by sims+2 · · Score: 1

      Are you sure its legal to tell people about that? It will probably get them kicked off the jury.

      --
      Minimum threshold fixed. Thanks!
    7. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Just an FYI, but using the phrase "is a thing" as a substitute for "exists" makes you sound like you're fresh out of elementary school.

    8. Re:I don't think that's how trials work by fnj · · Score: 3, Insightful

      For pete's sake, inform yourself. Prosecutors and judges try to railroad jurors by lying to them about their powers and duties all the time, but the truth is that a jury, once empaneled, is completely free to reach a finding of not guilty for ANY REASON, and it does not have to reveal what that reason is. A jury's responsibility is awesome, and its power of decision is absolute. That decision cannot be invalidated just because the judge disagrees with it, or disagrees with the process used.

    9. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      >The jury can vote any way they want, and they literally rule in the court room.

      No, they can't. Judges can set aside the jury's decision if the judge believes that the jury ignored the law and/or evidence when returning their verdict. That's why jury nullification rarely works.

    10. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Oh, so that's how white people get away with murdering black people in the Deep South, as a non-American I always wondered how a qualified judge could possibly let that pass in the 21st century.

    11. Re: I don't think that's how trials work by WindBourne · · Score: 1

      Nope. Again, he has 2 different issues. Reporting on spying on Americans was whistleblowing. Had he stopped there, he would have been smart to push for a trial. However, he describe how we spy on AQ , ISIS, Russia, china, Brazil, and even Europe ( though we had Europe's permission for most of that ). That is treason. And if he stands trial, he will be found guilty. Rightly.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    12. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      It's legal to tell people about it. It's been a part of the British legal system for a very long time, and the United States legal system since the very beginning.

      That being said, there are many judges and attorneys that don't like it. It largely allows the public at large to ignore unjust laws, which is a stopgap in the legal system. It's a tool that can be both used for good and bad, for instance, juries elected to not convict people helping slaves escape the south, as well as not convicting people of lynching folks.

    13. Re:I don't think that's how trials work by Anubis+IV · · Score: 1

      Of course it's legal to tell people about it. This isn't classified or restricted material we're talking about here. It's a simple legal principle that's perfectly lawful. That said, it may result in a mistrial if a defense lawyer brings it up within earshot of the jury, since not all information is admissible in court.

    14. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Yes, the jury can vote anyway they want. The only thing the judge can do (at least in most of the civilized world) is declare a mistrial, which I believe in most cases allows the prosecutor another try. The judge cannot however simply set aside the jury verdict and declare the defendant guilty.

    15. Re:I don't think that's how trials work by sjames · · Score: 3, Insightful

      Look up jury nullification. It is deeply embedded in common law (The U.S. has common law) and has on more than one occasion been used to prevent a miscarriage of justice.

      On a more practical level, there is no way to stop it while offering a fair trial. The judge is not entitled to hear the jury's deliberation and may not direct the jury to give a guilty verdict (including by threatening punishment).

    16. Re:I don't think that's how trials work by Baloroth · · Score: 1

      It's called jury nullification, and the legal system really, really, really doesn't like it, even though its totally a thing.

      Yes and no. It's a de facto power of the jury, but not a de jure power. In fact, the de jure role of the jury is to decide the facts, not matters of law. By virtually any technical legal examination, jury nullification is a violation of the law. In fact, that's sort of the point.

      This is different from being illegal. It's not illegal, as there is no law that forbids it, but there's also no law that explicitly protects it, either. It's just sorta built-in to the jury system. The point being, if you can't find 12 people who think a person who violated the law ought to be punished under the that law, the law is undemocratic (at least in that case). What it decidedly is not, despite what many people here seem to think, is a means for individuals to air their personal disagreements against the legal system. It's meant to stop wholly unjust and unethical laws and/or unjust exercise of that law.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    17. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      And also, Judges are allowed to give jury instructions that include statements like "In deciding the verdict, you can use the definitions we give you, definitions from the dictionary (usually an ordinary dictionary provided in the deliberation room), and your common sense. However, you cannot disagree with the law."

      It leaves jurors (incorrectly) believing that jury nullification is illegal and could get them in trouble. They imagine delivering a verdict of "not guilty" and being subsequently interrogated about their reasons, and thrown in jail (which, believe it or not, has actually happened in America, though eventually the judge was forced to release the jury, and as I understand it hasn't happened since)."

         

    18. Re: I don't think that's how trials work by lamer01 · · Score: 1

      Not treason. None of those countries are our enemies. We are not in war with any of them. Thus, not treason.

    19. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Well it really is a pretty obvious bug.

      Jury nullification is how you get KKK members walking after lynching a black guy because the jury of racist white dudes doesn't think that counts as murder. It's how you get rapists walking because the jury thinks "it' impossible to rape a dude". It's an assault going unpunished because the jury sympathises with the father who beat up his daughter's boyfriend because he thinks 17 is too young to have sex even though age of consent is 16.

      The correct method of getting a bad law fixed is to lobby the legislature and have it amended/repealed. Or if the law is generally good but fails in a specific rare case to lobby the executive branch for a pardon. As legislative officers who make the laws and executive officer with the power to pardon are elected they should be motivated to listen to the will of a majority of their constituents (and they usually are if they actually get enough mail on an issue).

    20. Re:I don't think that's how trials work by Anonymous Coward · · Score: 1

      No, the point of jury nullification is not finding a jury who think a person ought not be punished. It's that a jury will refuse to apply the law in determining their verdict.

      So the facts of the case applied to the law may prove beyond any doubt whatsoever that the defendant is guilty, but if the jury returns a "not guilty" verdict, then they've nullified the law in this case. When the public finds out how the jury's verdict came down, future juries may feel free to do the same. Thus the law is nullified by popular application.

      This is the entire reason for a "jury of your peers". Without this power, a jury would just be another yes-man cog in the system. Instead, it's meant to function as a pressure release valve for the population to apply the law as they see fit, and as a check and/or balance against the power of the legislature. No other level of government shares that level of unaccountability. In theory, the people really are at the top. They just don't get much opportunity to (ab)use that power. And that's by design.

      Jury nullification is a widely-misunderstood feature, not a well-known bug.

    21. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      The thing is, that's not all that different from a judge deciding you're guilty because he doesn't like your face.

      It's still an injustice if the jury rules on anything other than the law and the facts of the case, juts like it would be if a judge had made the ruling.

    22. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      A judge can set aside a conviction by a jury, but not an acquittal...

    23. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Correct. The juror is not required to justify his verdict. As long as he does not run his mouth and upset the judge or lawyers, he has a great deal of latitude to decide the law.

      And this is on purpose. If the Founders had wanted a legal opinion, a jury would be filled with trained lawyers. Instead, the jury is explicitly NOT trained in the law, because they are there to judge the accused, and the law in the end, is just a guideline.

    24. Re: I don't think that's how trials work by WindBourne · · Score: 1

      AQ, ISIS, China, and Russia are just a few of the groups/nations from which you fail.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    25. Re:I don't think that's how trials work by Aighearach · · Score: 1

      The "thing" where a juror has to make that final determination according to their conscience and can take into consideration if it is Just to apply the law in the instant case, well that is a real thing. And it is sometimes called "jury nullification," but rarely.

      The thing that is usually called jury nullification is where a juror, generally at the urging of the defense lawyer, decide before that moment of final determination that they will weigh the law instead of the guilt of the defendant. That is indeed a "thing," but it is a banned thing. And yes, the legal system dislikes it.

      You can tell which it is because the one that is allowed isn't talked about as a goal, it is just part of the juror "voting their conscience" and is done of their own accord.

    26. Re:I don't think that's how trials work by Aighearach · · Score: 1

      Oh, so that's how white people get away with murdering black people in the Deep South, as a non-American I always wondered how a qualified judge could possibly let that pass in the 21st century.

      No, that isn't how.

      How they do it is the local police just arrest a random black guy and he gets convicted of the crime and it is a solved case.

    27. Re:I don't think that's how trials work by westlake · · Score: 1

      It's called jury nullification, and the legal system really, really, really doesn't like it, even though its totally a thing.

      It may be a thing. But the odds are better in Powerball. The American juror is, after all, most likely to be middle aged, middle class, small-C conservative. Someone who isn't given to cutting corners or refusing to accept the consequences of his actions.

    28. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Judges can set aside the jury's decision if the judge believes that the jury ignored the law and/or evidence when returning their verdict.

      That only works one way - if the jury finds the defendant guilty, the judge can set that verdict aside. He can't set aside a "not guilty" verdict.

    29. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Every jury has to judge the quality of a law as well as the consequences of punishments.

      Nope. Juries rule on matters of fact, not matters of law. Any juror who considers himself eligible to judge the qualities of laws or consequences of punishments is to be excluded from jury duty.

    30. Re:I don't think that's how trials work by Anonymous Coward · · Score: 0

      Nope, juries rule on guilt or innocence. The judge then adjudges the correct punishment available. There's no requirement to rule solely on matters of fact, only to come to a declaration on guilt or innocence.

  15. Re: Fair trial? by Anonymous Coward · · Score: 1

    If you think that USA has the 'worst' justice system you clearly have no clue about any other country in the world. Don't make dumb statements.

  16. Original source of story by Anonymous Coward · · Score: 1

    Snowden speaks remotely to Liberty forum crowd in Manchester, N.H.

    "Snowden appeared via Skype from Russia, and organizers did not allow the media to video record his remarks."

    That's kinda odd. I wonder why the organizers did that and whether it was at Snowden's request?

  17. America F**K YEAH by Anonymous Coward · · Score: 0

    Of course he would get a fair trial.

    Guilty as he is, the jury would take 15 minutes from their busy day to judge him guilty.

    The jury pool would be drawn from his peers, people that are flag waving, illiterate, freedom loving, spying loving people vetted by the NSA,CIA, FBI and other freedom loving organizations.

    After his speedy trial, and speedy execution, his estate and heirs will have their property confiscated, very speedily of course but very fairly, and spied on for the rest of their lives but in a speedy and fair way.

  18. Republican candidates missed a chance by MikeRT · · Score: 2, Interesting

    Offer him a fair trial with a standing executive order that says that the Attorney General must conduct an after the fact review of the US Attorney's conduct and bring criminal charges for even the slightest technicality from Brady violations on down. The slightest misconduct and you're fucking crucified by order of the President.

    It would give Snowden no excuse, make us look fair and still accomplish their goal of prosecuting him. They just lacked imagination, I guess.

    1. Re:Republican candidates missed a chance by houghi · · Score: 1

      They missed what chance? What would they gain? The way the duopoly works is that you blame the others and that is about it.

      All you need to do is say once in a while what you know people want to hear and then when it becomes law, change it to what you were paid to do. All the while pointing fingers.

      This goes for both parties.

      Meddling with womething liek Snowden will gain them nothing. The best scenario is that he is found guilty and people will say that it was setup and they loose. The worst is that he is set free and they loose, becuse they said he was a traitor. And you can interchange best and worst.

      Politics is not about right or wrong or even being fair. It is about power. If it was about being fair BOTH parties would fight to do this all the time, not only for one person.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Republican candidates missed a chance by flopsquad · · Score: 1

      Actually a very interesting angle. Publicly pledge to take the high road (maybe even on more things than just Snowden!). Promise to do it fairly, by the absolute letter of the law, to give the defendant every opportunity to defend himself--and secure not only his return but an unimpeachable conviction (if they can get it).

      Is it just me, or is it incredibly sad that a candidate publicly, specifically committing their future government be fair and honorable would be a headline-worthy occasion?

      --
      Nothing posted to /. has ever been legal advice, including this.
    3. Re:Republican candidates missed a chance by DewDude · · Score: 2

      They have plenty of imagination. They imagined they're going to execute him as a traitor the moment he steps on US soil; and that's what they set out to do.

      They don't want to give him a trial; they don't want to do anything fairly. In their opinion; he's committed treason against the US....that has a punishment of death. And due to his treason against the US; they will deny him all constitutional rights and there will be no trial. The plane will land, some MP will put a bullet in his head. We will be told there was a struggle and he was shot while being subdued.

      They imagine that all the public will buy this reason; and if they don't...then they're imagining calling those people out as treasonous.

      They have a very healthy imagination; sadly it's only for police-state fascist acts.

    4. Re:Republican candidates missed a chance by JustNiz · · Score: 1

      What makes you think the Attorney General would actually be independent and not already on the governments side?

    5. Re:Republican candidates missed a chance by JustNiz · · Score: 1

      >> They imagine that all the public will buy this reason;

      In the scenario you paint, I really don't think the US government would give a shit about what people think. They know they can get away with pretty much anything, partly because they have more guns than anyone else, and partly because most Americans have been so brainwashed they will always just shout "Go Murika", especially if the media is telling them to.

  19. More grandstanding by Snowden by Zontar_Thing_From_Ve · · Score: 0, Troll

    The US Constitution guarantees him a fair trial. This is just grandstanding in the style of Julian Assange. No answer Snowden gets will be deemed by him to be sufficient, so he'll never leave. And I'm pretty sure his idea of "fair trial" means "I get acquitted no matter what" rather than a non-prejudiced jury gets to hear his case and decide the verdict without outside interference.

    1. Re:More grandstanding by Snowden by Anonymous Coward · · Score: 2, Insightful

      The US Constitution guarantees him a fair trial.

      The U.S. Constitution guarantees a lot that the U.S. government is not willing to grant its citizens. In this case in particular, the Espionage Act under which he is accused denies a fair trial to Snowden. He would not be permitted to defend or justify his actions to the court.

      That's what his statement is about.

    2. Re:More grandstanding by Snowden by Anonymous Coward · · Score: 0

      The COTUS is just a fucking piece of paper, so says the former POTUS backed up by the SCROTUS.

    3. Re:More grandstanding by Snowden by mrchaotica · · Score: 5, Insightful

      The US Constitution guarantees him a fair trial.

      The US Constitution guarantees that the NSA would not fucking spy on everyone too, but we all see how that worked out!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:More grandstanding by Snowden by Anonymous Coward · · Score: 0

      The Constitution. How Quaint. This is a government on men not laws!

    5. Re:More grandstanding by Snowden by BarbaraHudson · · Score: 2

      A fair trial? When a murder conviction against a mentally handicapped man is allowed to stand even though the JUDGE had to keep waking up his public defender lawyer because the lawyer was snoring too loudly? The appeal court said he had a fair trial so it must be true, even though it obviously isn't.

      Or all those murder convictions that get tossed years later because DNA evidence proves it was someone else?

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    6. Re: More grandstanding by Snowden by Anonymous Coward · · Score: 0

      The Constitution also guarantees against warrantless wiretapping, secret courts, extrajudicial executions and all kinds of stuff. How's that working out for us?

    7. Re:More grandstanding by Snowden by Sipper · · Score: 2

      The US Constitution guarantees him a fair trial. This is just grandstanding in the style of Julian Assange.

      Edward Snowden has been charged under the Espionage Act which presents an impossible burden to defend one's self against.
      https://en.wikipedia.org/wiki/...

      This is discussed some by defense lawyers during the movie Citizenfour.
      http://www.imdb.com/title/tt40...

    8. Re: More grandstanding by Snowden by WindBourne · · Score: 1

      Bull shit. What in espionage act prevents him from having a fair trial?

      --
      I prefer the "u" in honour as it seems to be missing these days.
    9. Re: More grandstanding by Snowden by WindBourne · · Score: 1

      Talk to the GOP about that. They pushed patriot act and then removed most congressional oversight of nsa for that.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    10. Re: More grandstanding by Snowden by Anonymous Coward · · Score: 0

      Because your only allowable "defense" is trying to prove you didn't do it. There is no allowance for challenging the validity of the classifications, the publics right to know, or pretty much any other aspect. That's a little like saying that a person on trial for murder can't bring to trial evidence that the person they killed had broken into their home, was armed and had been convicted of murder in the past.

    11. Re: More grandstanding by Snowden by mrchaotica · · Score: 1

      GOP started it; Democrats failed to stop it. They both need lined up against the proverbial wall.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re: More grandstanding by Snowden by bobbied · · Score: 1

      In Snowden's case? The Espionage Act has likely been violated, so a fair trial likely would involve a guilty verdict.

      But make no mistake, that's not what Snowden or his supporters want. They want to make this into a referendum on the moral and ethical affects of the Espionage Act, specifically as it applies to Snowden and his multiple acts that violated various parts of the law as written. They want to make this into a huge moral crusade and attempt to claim that Snowden shouldn't be punished and try this case in the court of public opinion, not in a "fair trial" based on long standing legal principles, rules of evidence and other such established traditions that few younger people today actually understand.

      The problem here is that it's impossible for Snowden and his supporters to define exactly what constitutes a "fair trial" in legal terms. I don't think Snowden "gets it" here. A fair trial is one where the jury is impartial, where the evidence presented is controlled by the process and where the jury is charged with deciding if the law was broken. Snowden's defense will not be allowed to try this case "in the court of public opinion" any more than the prosecution would be allowed to do so. There would likely be gag orders on both sides, which would have the Snowden support crowd up in arms about how unfair things are, but the truth would be that both sides are required to argue their cases "in court before the jury" where the facts matter and are tightly controlled.

      The only hope Snowden has is Jury Nullification, which is where the jury chooses to not enforce the law as written. Where this is always an option, it's usually NOT an option presented to a jury by the judge after the trial is over but before deliberations start. I also don't think a judge would allow a discussion of nullification during the trial, but if Snowden wants to hold that as a requirement, that he will give himself up for trial if the jury is allowed to hear arguments about nullification, I'm interested in that option. If THAT's what Snowden is talking about, not trying his case in the court of public opinion but asking for the nullification of the law, I wouldn't be opposed to that. I'd think he'd loose that case too, but as long as he isn't allowed to turn this into a three ring circus, let him try.

      I would suggest not putting me on the jury though....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    13. Re:More grandstanding by Snowden by Anonymous Coward · · Score: 0

      The US Constitution guarantees him a fair trial.

      The US Constitution guarantees that the NSA would not fucking spy on everyone too, but we all see how that worked out!

      Citation please.

    14. Re: More grandstanding by Snowden by WindBourne · · Score: 1

      and in what way, did China, AQ or ISIS have a right to know how we spied on them? That is the argument that you are making.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    15. Re: More grandstanding by Snowden by WindBourne · · Score: 1

      I worked on the PAT act. You think that the dems were not opposing this? Even before Snowden outed NSA, Colorado Senator Mark Udall (D) kept hinting to the press about this. He was trying to stop it.
      However, do dems deserve blame for such things as pat act? All of those on the intelligence committee from 2003-2007 had decent knowledge about this. And obvious with Udall trying to out this info in 2012/2013, would indicate that it had come up again in that intelligence group.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    16. Re: More grandstanding by Snowden by Anonymous Coward · · Score: 0

      China, AQ, ISIS, etc were a minor part of who was being spied upon, even so if he had handed the data directly to them you might have a leg to stand on. But the information shows WIDESPREAD spying in leaders, companies & individuals. Your argument appears to be that an organization should be allowed to continue unabated despite massive amounts of illegal activities if they happen to stop one or two minor incidents a year (which there is no proof of by the way).

    17. Re: More grandstanding by Snowden by WindBourne · · Score: 1

      there was nothing illegal with NSA spying on anybody/anything outside of America. There may be ethical issues with spying on allies, esp. merkel and any other ally gov. official, BUT, nothing illegal.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  20. Simple equation to determine fairness by Anonymous Coward · · Score: 0

    This is how Snowden will determine if he gets a fair trial:

    Found guilty = not fair

    Found innocent = fair

  21. He needs to stay free by Anonymous Coward · · Score: 0

    Sadly, there is no whistleblower protection for him, if he comes back they'll lock him up forever. Or like Manning, in solitary confinement . The big gain for them is that NO WHISTLEBLOWER WOULD EVER COME FORWARD AGAIN. They'd all be too frightened to blow the whistle on any illegal activity that has influence over the politicians. (Tell me Congress critters aren't shit scared the NSA can act against them and this bend to the will of whatever gook knows their secrets).

    Or worse, Snowden might get the Manhattan version of Guantanamo treatment:
    http://boingboing.net/2016/02/05/theres-a-secret-black-site.html

  22. Re:Fair trial? by Anonymous Coward · · Score: 0

    I don't think those other guys even pretend to be justice systems. They're just systems.

  23. Fair Trials by Lust · · Score: 1

    I just rewatched the pilot episode of Star Trek: TNG - I know how "fair trials" work.

    1. Re:Fair Trials by wonkey_monkey · · Score: 2

      This one might be more relevant.

      --
      systemd is Roko's Basilisk.
  24. Re:Fair trial? by wwphx · · Score: 4, Interesting

    Robert Blake, AKA Baretta, was accused of killing his second wife and was acquitted in criminal court. He was quoted as saying "In the United States, you're innocent until proven broke."

    Like OJ Simpson, he was found guilty in civil court of being liable for her wrongful death.

    --
    When you sympathize with stupidity, you start thinking like an idiot.
  25. They'll garuntee a fair....ly long detention by NotDrWho · · Score: 1

    They promise that you'll get your day in a closed courtroom (with press barred) at some point after many years of sitting lock-up in a pre-trial detention.

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  26. Messing with power.... by snemiro · · Score: 1

    Ask JFK about the results of messing with power.

  27. Re: Fair trial? by Anonymous Coward · · Score: 0

    If you think that USA has the 'worst' justice system you clearly have no clue about any other country in the world. Don't make dumb statements.

    The dumb individual believes the USA has the worst justice system in the world.

    The ignorant individual believes every other country in the world is promising such a thing.

    They aren't, so let's stop pretending they are even legally obligated to, which is the key difference between the USA and the rest of the world.

  28. I wonder... Does Snowden really use Skype? by MRZA · · Score: 1

    I thought he preferred more secure and private ways to communicate.

  29. Dangerous statement by Anonymous Coward · · Score: 0

    Public opinion favors Snowden, but not but a ton. Presented in detail, it might not be hard to convice most juries he is guilt of enough crimes to still spend some serious time in prison.

    It's not as if the government would roll up all his crimes into one crime for the sake of him easily defending himself. His claims on defense against domestic spying might be a good sell for a jury, but he also exposed a lot of non-domestic spying programs and he did so without knowing much about how and if they were ever used, just that they were programs that he found files on. A lot of the info is still so speculative it's mostly useless because capability or intent are different than actually committing crimes again humanity.

    As popular as it is to bitch about mass endpoint call 'metadata' it's really not that big if a deal and it's hard to present cases of that program harming people. Much of the rest of the outrage is based on 100% speculation fueled by Snowden and his supporters, but completely unproven to have actually happened in any mass volume.

    None of that changes the fact he choose to expose non domestic spying secrets. He isn't going to get around that and an unbaised jury won't be that hard to convince that the two things are entirely different and he had no real need to expose as much non domestic information as he did. The prosecution would prob argue he did so for his own agenda and for his own well being.

    If i were him I'd stay in Russia and perhaps keep making silly statements about how I'd come back as a means to BUMP the issue. He fled to China and Russia, how is any America jury going to like that ??

  30. ubsubscribed by Anonymous Coward · · Score: 0

    slashdot is now clearly a propaganda site.

    ubsubscribed.

  31. Fair trial? by mcomeau · · Score: 1

    Has he not seen Making a Murderer?

  32. He'll get IT by Anonymous Coward · · Score: 0

    "Hey Snowden, I have a fair trial for you. You like fair trials don't you? They float you know, we all float down here." - The Honorable Pennywise the Clown, Maine Supreme Judicial Court

  33. can he pay a jury more then $50 a day? for a long by Joe_Dragon · · Score: 1

    can he pay a jury more then $50 a day? for a long trail?

    To get a good one you may need to pay $100-$150 a day to people so they don't try to get out of it.

  34. With some definition of fair trial by iamacat · · Score: 1

    Same as Julian Assange, who will leave Ecuadorian embassy under some conditions. Until either of those things happens, it's just talk. My guess is that Snowden would return for a fair trial under laws where disclosing state secrets to journalists is potentially legal if it's in public interest, even in a non-emergency situation.

  35. There have not been any fair trials for decades by Anonymous Coward · · Score: 0

    Jury nullification was abused in the Jim Crow South. As a result, judges have an unwritten, broadly enforced policy of lying in their instructions to jurors. They tell jurors that they must follow the letter of the law, when this is not really the case. Jurors have the final veto over unjust laws, otherwise why even have citizen juries?

    The proper remedy for rectifying the injustice of White juries exonerating the killers of Blacks would have been some kind of law against nullification in capital cases, or perhaps other broad cases of crime involving bodily harm. Instead, our judicial system chose the easy way out, and routinely lies to juries.

    There is no way Snowden can get a fair trial, even if the jurors would be inclined to think that his actions were justified. The judge will lie to them, and even if jurors think in the back of their mind that it's a lie, the court is a very intimidating place. They are not allowed to research any of this once they are in the jury room. They're only allowed to look at the evidence as presented.

    No fair trial is possible. Snowden is either truly off his nut, or grand-standing.

    1. Re:There have not been any fair trials for decades by Anonymous Coward · · Score: 0

      Add to that the fact that people accused of leaking "state secrets" aren't allowed to challenge the classification of those "secrets", their harm to "national security" or the public right to know and you have what is basically a predetermined trial. Apparently your only "defense" is trying to prove you didn't do it. That's a little like saying that a person on trial for murder can't bring to trial evidence that the person they killed had broken into their home, was armed and had been convicted of murder in the past.

  36. Re:Fair trial? by Anonymous Coward · · Score: 0

    Feel free live in North Korea, Saudi Arabia, or Pakistan.

  37. Re:Fair trial? by Anonymous Coward · · Score: 0

    Does anyone believe anyone can get a fair trial in the US?

    The US has the **worst** justice system in the world. Nobody gets any type of "fair trial" here unless you're a white male at the head of a corporation.

    That's a bold statement.

    China just illegally extradited 5 people from Hong Kong [...]

    The US kidnaps people off the streets and sends them to other countries to be tortured:

    * https://en.wikipedia.org/wiki/Abu_Omar_case

  38. Screw that by WindBourne · · Score: 0

    Let him be banished forever from the west.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  39. Re:Fair trial? by Anonymous Coward · · Score: 0

    There's a difference between bad laws and bad courts. The bit about Iran executing gays is an example of bad laws, not necessarily bad courts. A bad court is one that runs CONTRARY to the laws it's supposed to uphold. If the law says gays should have equal rights and some court sentences a gay person to prison or death, then it's a kangaroo court completely ignoring the laws.

    In the U.S., we have some of the best laws, lots of rights and protections, requiring free and fair trials, etc. The problem is the court systems often flout these laws and interpret them in sickening ways. Like the Supreme Court ruling interpreting "freedom of expression" to also cover monetary contributions on politicians, including by corporations, thereby ignoring all the laws we used to have limiting campaign donations to under a million dollars per donor. The only way to overturn a court ruling is through a higher court ruling, and the only way to overturn the highest court (Supreme Court) ruling is through a constitutional amendment which requires a 2/3rd vote in BOTH house and senate to pass. (We have difficulty getting a 51% vote to pass).

  40. Re:Fair Trial is Guaranteed by BarbaraHudson · · Score: 1

    So, where in the US are you going to find an impartial jury for THIS case? That's pretty much impossible, unless the juror has been in a decades-long coma.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  41. ROFLMAO.... by Anonymous Coward · · Score: 0

    The American Gov't has no integrity..

  42. Slashdot Poll by Anonymous Coward · · Score: 0

    This topic would make a good Slashdot Poll.

  43. Re:Does Snowden think he's special or something??? by Anonymous Coward · · Score: 0

    Well, he's kinda special since I think he would be only the 11th or 12th person to be charged under the Espionage Act since it was enacted in 1917. Fun fact: Prior to Obama's presidency, only 3 people had been charged with espionage crimes. Ironic, since Obama had at least gave lip service to making whistleblower protections stronger.

  44. Re:Fair trial? by ganjadude · · Score: 2

    thats only the numbers they tell us.....

    --
    have you seen my sig? there are many others like it but none that are the same
  45. Sounds like he does not like Russia by Anonymous Coward · · Score: 0

    It is a shame because he has done soo much good for Russia and Putin. He has done sooo much harm to the USA. I would think he could be happy in Russia I supported Assange. I can feel sympathy for Manning, but I want this traitor killed. He do much more harm than either one combined. The job of a security apparatus is to spy on everything. The NSA did a great job at this. The problem is people confuse the legitimate role of a security apparatus with that of a police state (of which the USA is becoming).
          A police state arrest people in the middle of the night for bullshit. A police state does not need any technical intelligence. It can just arrest people on it's own and make shit up to fit the narrative.

    It amazes me that people are upset in the USA over GITMO, when the USA arrests sooo many more of it's own citizens for bullshit. Worry about the incarceration rate before worrying about GITMO or what the NSA is doing. You want the NSA to function effectively. You don't want the Police knocking on your door at 3 am and taking your kids to CPS because a neighbor saw them waking home from school unaccompanied.

    One has nothing to do with the other.

  46. Re:Fair trial? by ihtoit · · Score: 1

    I sat in the public gallery on an arson case last year where the "evidence" consisted of a half empty bucket of paint. Everything else was conjecture. The JUDGE totally illegally instructed the jury to find a guilty verdict notwithstanding the glaring fact that there was NO EVIDENCE TO CONVICT ON. Not only that, he also SPECIFICALLY and totally illegally DENIED appeal to his sentence.

    Look up Melanie Shaw.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  47. I hope by JustNiz · · Score: 1

    I hope he already knows that the difference between what promises they will make to get him to the US, and what they will actually do after they have him in custody, are two totally different things.

  48. A fair trial means many things by sjbe · · Score: 3, Informative

    Why would you say he wouldn't get a fair trial?

    Because the government was embarrassed by him and has no incentive of any kind to provide a fair trial. Remember that this is the same government that for the last 15 years has been holding people without charges in Cuba because they know the prosecution would lose if it came before a jury or unbiased judge because the government broke the law.

    But the thing is a Fair trial doesn't mean he isn't guilty, it just means they will weigh all the evidence.

    A fair trial also means that if he is guilty that the punishment is proportional to the crime and any mitigating considerations. It means that he would have the right to face his accuser, have all evidence presented publicly and on the record, have an impartial jury of his peers, have the reasons for his actions considered and weighed, to consider whether his actions were reasonable and/or justified, that he has to be convicted beyond a reasonable doubt, that the laws he is being judged by are consistent with the Constitution, that the prosecution isn't withholding evidence, etc. A fair trial means a lot of things. There is no reason to believe the US government has shown the slightest interest in giving Mr Snowden a fair trial based on previous actions and public statements.

  49. Re:Fair trial? by ihtoit · · Score: 1

    The UK just made an order in its secret Court of Protection to force a woman to undergo an abortion. Last month, a woman was told that the CoP had ordered her baby cut out of her. An italian woman had similar treatment some months ago simply because she'd taken a leave of absence from work to deal with stress. Her baby was cut out of her and trafficked.

    Compared with that, the US has an absolutely SPOTLESS judicial record.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  50. Re: Fair trial? by Anonymous Coward · · Score: 1

    Well, also the incarceration rates.

  51. Re:Fair trial? by Anonymous Coward · · Score: 0

    And increasingly the US doesn't even need to rendite their victims: http://www.huffingtonpost.com/2015/03/05/chicago-police-torture_n_6802570.html

  52. Re:Fair trial? by Speck'sBacon · · Score: 1

    Also, executed isn't incarcerated.

  53. Re:Fair trial? ha ha: plea bargains by petes_PoV · · Score: 2

    You're a bit out of line claiming the US has the worst justice system in the world.

    When 97% of federal cases end in plea bargains - i.e. don't get to trial, since the "defendant" chooses <cough> to plead guilty to something, there is something deeply and profoundly wrong. That sort of "guilty" record would generally be an indicator of some of the worst dictatorships the world has seen (along with the other tell-tale: 99% majority in elections).

    So yes, it is fair to say that the one thing the american justice system does not provide is justice

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  54. Wouldn't matter a bit by Anonymous Coward · · Score: 0

    It wouldn't matter. He'd either A. be railroaded in court, or B. the gov. would most likely assassinate him.

  55. Some thoughts by ihtoit · · Score: 1, Funny

    1. Snowden did his deed in time of war. Yes. The War On Terror. It's a declared state of war.
    2. In time of war, any and all Constitutional guarantees are fair game for suspension.
    3. This includes the right to a fair trial.
    4. Snowden not only admitted to his deed, he bragged about it. He published the documents he stole for all to see.
    5. Notwithstanding the deed, which in a civil court would be enough to attract a summary judgement against him, in time of war and due to the nature of the theft, he also gets the attention of the US Military, hence the UCMJ would apply?
    6. The UCMJ doesn't have juries. It has a panel of judges drawn from legally trained military officers.
    7. Snowden wouldn't be able to claim mitigation or justification in this circumstance, the UCMJ is NOT INTERESTED in intent - all he can do is to admit to what is clearly evidenced, bend over and accept the punishment.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    1. Re:Some thoughts by Anonymous Coward · · Score: 3, Informative

      No, it is not a declared state of war. The US Constitution explicitly states that Congress must declare war. Congress has not declared war since WWII.

    2. Re:Some thoughts by Anonymous Coward · · Score: 0

      2. In time of war, any and all Constitutional guarantees are fair game for suspension.

      Okay, what's your address? We're gonna send a squad of feds to your house to take everything you own of value and then shoot you.

    3. Re:Some thoughts by Anonymous Coward · · Score: 0

      AUMFs are the new normal. Get used to it.

    4. Re:Some thoughts by Anonymous Coward · · Score: 0

      Wrong. Silence please.

    5. Re:Some thoughts by ihtoit · · Score: 1

      We're both right. Here's why:

      On Sept. 15 2001, Congress declared "war" on terrorism. Was the declaration a formal war declaration, and what powers does it give the president?

      The Use of Force Resolution is not a formal declaration of war. The joint resolution, adopted unanimously in the Senate and 420-1 in the House, authorized President Bush to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" as well as against anyone who "harbored" them.

      The wording was substantially changed from the draft version sought by the White House, which would have granted the president authority "to deter and prevent any future acts of terrorism against the United States." That second clause, giving Bush open-ended authority to fight any future terrorism, was removed from the final resolution.

      The legal effect of the joint resolution is unclear. For one thing, the White House takes the position that it doesn't need congressional permission to protect and defend the United States and that the War Powers Act, which allows Congress to check the president's war-making authority, is not constitutional. History supports his claim. While the United States has waged about 125 military actions, war has only been formally declared five times. This resolution gave the president a victory of appearances, offering him a broad grant of congressional authority, without forcing the issue of whether such a grant was constitutionally necessary.

      What's in it for Congress? On its face, the Use of Force Resolution looks like a blank cheque (although it came with a signed cheque, in the amount of $40 billion). The resolution does not define "terrorism" or "harbored" or any other key terms. It passed with almost no debate. But while the resolution appears almost absurd in its vagueness, it's most notable for what it is not. It is not the Gulf of Tonkin Resolution, which really was the blank cheque that arguably allowed President Johnson to unilaterally escalate the war in Vietnam. Thus, while the wide-open wording of the joint resolution appears to give congressional approval to any act of war undertaken by President Bush, it contains several important checks on his powers: by omitting the language sought by the White House, the resolution does not authorize Bush to use force to deter and prevent future acts of terrorism. It also expressly invokes the War Powers Act to subtly remind Bush that - at least on paper - he must answer to them once any military action is undertaken.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    6. Re:Some thoughts by ihtoit · · Score: 1

      well that would be an act of war against a noncombatant civilian in the UK. Ready for the backlash, Roger Ramjet?

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    7. Re:Some thoughts by ihtoit · · Score: 1

      WHY is it wrong? Point by point rebuttal or shut the fuck up.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  56. Re:Fair trial? by c · · Score: 1

    You're a bit out of line claiming the US has the worst justice system in the world.

    Agreed. I'd buy "most hypocritical" or something else which translates into "doesn't walk the talk", but it's a long stretch to call it worse than justice systems which prosecute people for witchcraft.

    --
    Log in or piss off.
  57. Re:Fair trial? by Anonymous Coward · · Score: 0

    Do a little more research into the US justice system... it really is one of the worst (I'd say bottom 10%):

    civil forfeiture (they have completely abandoned any precept of trial or guilt... they just rob you if you can't prove your innocence)

    cop's murdering and brutalizing people and almost always getting off - US police kill people at a rate 70 times higher than the rest of the developed world (e.g. Germany goes years without the police killing anyone)

    plea deals where the punishment for not taking the deal is so ridiculous and out of proportion that innocent people plead guilty because the risks are better

    policing for profit, prisons for profit, and judges have been found to be in on it

    you cite China kidnapping some people... the US does it and calls it Extraordinary Rendition

    you give some examples of morality laws in the middle east... in the US teenagers have been charged under child porn laws for 'sexting' each other

    do some research or put your head in the sand for the sake of your ego and watch your country go to hell

  58. Fascist governments never guarantee fairnes by Anonymous Coward · · Score: 0

    Thus Snowden is doomed to live out his life outside the USA. Fascists never forgive anyone—they downright kill everyone.

    1. Re:Fascist governments never guarantee fairnes by Alypius · · Score: 1

      Good riddance.

  59. Mod parent up please. by WindBourne · · Score: 1

    For all intents and purposes, snowden should remain in the totalitarian sphere. If he ever comes back to the west, he will be tried, fairly, and almost certainly get life, or executed.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  60. Re: He's asking for the wrong thing... by WindBourne · · Score: 1

    What did Hillary report to the world? For what you are looking for, that would be W and his neo-cons band.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  61. Re:Fair trial? by Anonymous Coward · · Score: 1

    Uh-huh. Sounds familiar https://en.wikipedia.org/wiki/McMartin_preschool_trial.

    Why does the only coverage of her show up on conspiracy and indy news sites? Plus, that was under British legal jurisdiction, not American.

  62. Jury Selection by Etherwalk · · Score: 1

    OK, that was a single incident, which is a long way from a trend, much less from an institutionalized system, but hey, you played to the slashtard crowd and got modded up. Congratulations.

    No, actually, this is a basic tool of jury selection. The thing that most influences the jury's work is the position of the foreperson; the thing that most influences foreperson selection is who sits at the head of the table; and the person most likely to sit at the head of a table is a man. Each side tries to eliminate the men they see as most likely to a be jury foreman sympathetic to the other side.

    Sometimes eliminating intelligent people backfires. I know a guy who served on a case where all of the scientists on the jury realized a murderer had cremated his wife in a barrel in the backyard, and none of the laypeople believed it, so the murderer went free.

  63. Burying the lead... by bill_mcgonigle · · Score: 1

    His next line was that he's made this offer and the USG's response was only that they wouldn't torture him.

    [source: I was in the audience.] Good job with the reporting thing, TheHill.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  64. Re:Fair trial? ha ha: plea bargains by Anonymous Coward · · Score: 0

    That is percent of adjudicated cases, which tells us nothing about the number of cases that end with charges dropped, or dismissed.

  65. Re:Fair Trial is Guaranteed by sjames · · Score: 1

    Now we just need assurances that they'll actually obey the Constitution this time.

  66. You won't believe me by jd.schmidt · · Score: 1

    Snowden would actually be happier in jail. At the end of the day, this is going to eat away at him and lead to a life of fear and self doubt. Why bother talking about coming back to the U.S. if everything is fine right where he is at and our government is corrupt. Better to make your case and take the punishment than spend a life on the run. His case is so famous I seriously doubt he could be swept under the rug at this point.

    1. Re:You won't believe me by Max_W · · Score: 1

      ...a life on the run...

      Article 14. (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

      The Universal Declaration of Human Rights
      http://www.un.org/en/universal...

    2. Re:You won't believe me by ShooterNeo · · Score: 1

      Are you trolling?

      Odds are very, very low that he'll get kidnapped from Russia. It could happen but probably won't. As long as he stays inside the borders of the Russian Federation, one of the largest countries in the world, he will probably be able to live out the rest of his natural life free.

      And we've seen the news articles - his stripper girlfriend comes to visit him and he has a dog. He also gets a horde of messages from young women sending him naked pics, so if he has to, he can just ask one of them to come visit him if his stripper gf leaves him.

      How is this in any way comparable to prison? I suspect he sleeps like a baby.

  67. Snowden fail by BruceNotWillis · · Score: 0

    Snowden has a good message, but his fatal mistake was making his statements from Putin's Russia. He should stay there in my opinion, for making such a stupid decision to preach about human rights from such an authoritarian and corrupt place.

  68. What I find disturbing... by slashdot_commentator · · Score: 4, Interesting

    On Saturday, Snowden said some of his former colleagues at the NSA and CIA said "the Constitution doesn't really matter."

    If you don't believe the COTUS really matters, then you don't believe in "the rule of law" and that law must be followed in all situations. What it really means is what people currently in power consider important overrides "the rule of law".

    --
    There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
  69. Snowdens comment on why this isn't exactly news by Phoz · · Score: 2, Informative

    Kind of amazing how every time I say this, it gets reported like it's the first time. It's been the same since 2013.

    https://twitter.com/Snowden/st...

  70. Howard Roark's Speech in The Fountainhead by Latent+Heat · · Score: 1

    Is this what you and Mr. Snowden have in mind?

    There are men who take first steps . . .

    https://www.youtube.com/watch?...

    1. Re:Howard Roark's Speech in The Fountainhead by Aighearach · · Score: 1

      You linked a video... in order to quote a book? Seriously? Did you know when you wandered in the door that this is slashdot and we probably all read books?

  71. Re:Fair trial? by PinkyGigglebrain · · Score: 1

    For a "secret court" the CoP isn't very secret considering that there is a link to it on the UK gov's own web site https://www.gov.uk/courts-tribunals/court-of-protection

    Bold claims are not worth the pixels they are displayed with if you can 't back it up with interdependently verifiable facts.

    Citations please.

  72. Re:Fair trial? by sacrilicious · · Score: 1

    You're a bit out of line claiming the US has the worst justice system in the world.

    Maybe a more correct phrasing would be: "The US justice system falls the shortest in comparison to its stated principles and the number of people who continue to believe in those principles"?

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  73. NDAA indefinitely detention by nickmalthus · · Score: 1

    Surely Snowden is aware of the NDAA indefinite detention law and given all the Constitutional violations he observed the government performing he needs strong public assurances he will receive the legal protections he is entitled to.

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
    1. Re:NDAA indefinitely detention by BarbaraHudson · · Score: 1

      So maybe in 2020 Snowden needs to run for President. He can then pardon himself.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:NDAA indefinitely detention by Anonymous Coward · · Score: 0

      I've decided long ago to write in my vote for him then.

  74. Don't do it by Anonymous Coward · · Score: 0

    Problem is, the trial is about whether he broke the law, not whether what he did was right.

    It seems clear that Snowden broke the law. So he'd be found guilty, likely on all counts, and he'd be locked up forever to set an example.

    Did he do the right thing? Absolutely.

    Will he get a fair trial? Yes.

    Will it help him? No.

  75. Re:Fair trial? ha ha: plea bargains by Anonymous Coward · · Score: 0

    Unless federal prosecuters only bring cases they know they can win. In that case they're doing a good job avoiding spending money uselessly and avoiding unnecessary charges. Remember that many federal crimes are also covered by state law and most are prosecuted by the states.

  76. Re:Fair trial? by jbmartin6 · · Score: 1

    Maybe parent is assuming the USA is the entire world, as some Americans are wont to do.

    --
    This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
  77. Re: He's asking for the wrong thing... by Anonymous Coward · · Score: 0

    So WindBourne. I see you are either such a partisan liberal that you can't see or accept the truth, or else you are too stupid to be trusted to walk and chew gum. As you implied, "W and his neo-cons band" surely broke several, if not many laws. However, I have not seen any allegations that they exposed secrets. Their lawlessness is not the issue today. I didn't say that Hillary and Snowden did the same thing, I said that they broke the same law, namely exposing secrets. She broke the same statute as Snowden, but a different clause of that statute. Hillary, by putting secret, top secret, and above top secret information on an unsecured server broke the law. She also broke the law by instructing others on bypassing security classification of information. And again, she broke the law by having one or more people tamper with the evidence before the FBI could look over it by deleting tens of thousands of emails. And yet again she broke the law by falsely certifying that she had turned over everything to the State Department after she left her position. These actions match a historical pattern of breaking the law by the Clintons. Remember Sandy Berger? He was caught removing classified documents from the archive by stuffing them in his pants. He did this on behalf of the Clintons because the documents were unflattering to the Clintons. More recently, Hillary has been involved in tax evasion and influence peddling. If it were not for a corrupt, partisan DOJ under Obama, the Clintons would be doing the perp walk.

  78. Re:Fair trial? by Anonymous Coward · · Score: 0

    For those, like me, wondering where the Melanie Shaw case happened it was in the UK not the US.

  79. I'm sympathetic, but is it grandstanding? by Ranbot · · Score: 1

    I cannot shake the feeling this is grandstanding. Why now? If a fair trial is what he wanted then back when he leaked the documents he could have had a press-release and a lawyer ready in advance, and immediately turned himself into the nearest public police department. That would still have grabbed the country's attention such that the military/gov't would have to pause in their retaliation, but choosing to flee degrades his conscientious objector position. I am suspicious of why he's trying to negotiate for a "fair" trial now.

    1. Re:I'm sympathetic, but is it grandstanding? by Gibgezr · · Score: 1

      Why now? Well, actually, he's been making this statement for years, so it's not just grandstanding now: https://twitter.com/Snowden/st...

    2. Re:I'm sympathetic, but is it grandstanding? by Ranbot · · Score: 1

      Fair enough. Then maybe the real question is why is this being reported now?

      I still think he would have more credibility if he had prepared with a lawyer before the leak and then turned himself in rather than fleeing.

  80. ffs by Anonymous Coward · · Score: 0

    The amount of dumbassery in these comments, mmm it's delectable.

    Fair trial means a fair fucking public trial with a jury of randos and attorneys and audience and judge who aren't all pre-selected for bias against him and haven't already given a guilty verdict.

    If you consider the other enemies of the Obama state that have been flat out murdered, yea, Ed is looking for his constitutional rights to an actual fair trial.

  81. You're _not_ always allowed to defend your actions by dlenmn · · Score: 3, Informative

    You're allowed to defend your actions. Plenty of those accused have.

    No, you're not always allowed to defend your actions. Consider Daniel Ellsberg, who leaked top-secret documents in 1971. Here's part of wikipedia's description of the trial:

    Ellsberg tried to claim that the documents were illegally classified to keep them not from an enemy but from the American public. However, that argument was ruled "irrelevant". Ellsberg was silenced before he could begin. According to Ellsberg, his "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".

    That said, the judge eventually dismissed the case because the government broke a number of rules, including wiretapping Ellsberg without a warrant. However, if the government had bothered to follow the rules, you can bet that Ellsberg would be in the slammer because Ellsberg unequivocally violated the Espionage Act of 1917. Although releasing the information was the right thing to do, that simply isn't a legally valid defense. Period.

    Likewise, Snowden has no inherent right to defend his actions, and unless the government did something dumb like illegally wiretap him, Snowden would be found guilty because he unequivocally broke the law (albeit for a good purpose, which is not a legally valid defense). Since the government can get rubber stamp warrants whenever it wants, government investigators may well have complied with the letter of the law. If you define a "fair trial" as a "a trial where the judge enforces the laws as they are written", then short of the government doing something stupid, Snowden be found guilty. I'm not saying that's a good thing (it's not), but thinking otherwise is delusional.

    The fundamental problem here is that the laws are shitty. However, pointing out that the laws are shitty is not a valid defense unless you can prove they're unconstitutional, and for better or worse, the supreme court has blessed the Espionage Act of 1917.

  82. Re:Fair trial? by Trax3001BBS · · Score: 1

    Has he not seen Making a Murderer?

    He could get a fair trial and still be found guilty of treason.

  83. Friendly Magistrate by Anonymous Coward · · Score: 0

    Perhaps he could be called before the friendly magistrate in san Bernardino that wants to get into the Apple phones.
    That would be entertaining.

  84. He has not binged... by Anonymous Coward · · Score: 0

    On Making a Murderer, obviously.

  85. Re:Fair trial? by Aighearach · · Score: 1

    In France they don't even have jury trials unless the sentence would be at least 15 years.

    Accused of a crime and facing 10 years in prison? You'll be tried by a panel of professional judges, and they don't even need a unanimous verdict. Think about that... one of the professionals assigned to judge you isn't convinced you're guilty, that's not good enough!

  86. Referendum needed by nbritton · · Score: 1

    I think the only way to settle this is to have a national referendum on whether Snowden should be granted amnesty for his actions. It is against public interest to let a small pool of jurors decide an issue as important as this. I believe his transgressions should be set aside because the means justify the end.

    At the very least I feel that Congress should introduce a bill to pardon Snowden. Or vote on whether the Federal Court should be ordered to set aside any verdict and enter a judgment of acquittal. The Federal Courts do operate under the authority of Congress.

    1. Re:Referendum needed by Anonymous Coward · · Score: 0

      I think the only way to settle this is to have a national referendum on whether Snowden should be granted amnesty for his actions.

      No, that's not something that should be decided by a popular vote. It would rather be appropriate for a presidential pardon on condition of 2000 hours of community service, like giving talks in schools and the military about civic duty and responsibility.

  87. Re:Fair trial? by Anonymous Coward · · Score: 0

    Like OJ Simpson, he was found guilty in civil court of being liable for her wrongful death.

    I bet OJ was upset about being found liable for this too.

  88. I Can Guarantee by Anonymous Coward · · Score: 0

    I can guarantee that he will be fairly convicted, if he ever returns.

    Ever.

    Convicted.

    Guaranteed.

  89. Please refer to this previous thread by Anonymous Coward · · Score: 0

    http://yro.slashdot.org/comments.pl?sid=8761245&cid=51530893

  90. His timing is nothing short of predominant by Anonymous Coward · · Score: 0

    Now that Jeb has dropped out of the race...

  91. I just hope he realizes... by dbreeze · · Score: 1

    ...that he has no good faith authority to deal with other than mebbe the public majority. And they ain't had a say in nothin' for a while now...

    --
    When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
  92. Fear driven loss of freedoms by Anonymous Coward · · Score: 0

    Has cost America all of her jobs.

  93. Re:Fair trial? by KGIII · · Score: 1

    Wait, what?

    I've seen enough of your posts, you're not prone to hysterics or hyperbole. At least not generally - though you do have some subjects you're passionate about. So, what gives? There's got to be more to those stories? Got a link to a story about each of 'em so I can look it up and read more about that?

    --
    "So long and thanks for all the fish."
  94. Insanity has set in by stimpleton · · Score: 1

    I am presuming thing is just an awareness campaign on Snowden's part. Bring issues to the front again.

    If he actually believes he could go home and the US govt would not arrange a rigged trial then he is suffering some sort of mental disorder. Delusion or other form of insanity.

    --

    In post Patriot Act America, the library books scan you.
  95. Fair Trial?!?! Reality-Check by Whatchamacallit · · Score: 2

    Snowden broke many laws and confidential secrecy agreements, he put lives at risk, he notified enemies of the state about tactics, methods, and abilities in intelligence gathering. That allowed our enemies to change their tactics to avoid detection and to go after those names that were leaked. Not going to change the fact that he will spend the rest of his life in prison. Any trial that would occur would be purely about him breaking those laws and proving it. It is irrelevant that he uncovered shady government practices proving the spy agencies broke laws (well laws known to be public anyway). He won't be allowed to testify about any of the secrets he stole in a public court. This is intelligence and that game has always been less than legal. Spy agencies break laws, it's what they do and in the real world it is a necessary evil. So there is no way he will get a fair trial because his idea of a fair trial is to put the government on trial during his defense and he simply won't be allowed to do that. He cannot present secret evidence even if it is now public knowledge. In the 1940's he would have had a speedy secret clandestine trial and taken out back and shot by firing squad and his next of kin would have been fed a lie if his body was even returned. Enemies of the USA would have just disappeared him entirely. Maybe sending his personal belongings, teeth, jewelry, and a bit of ash back to the family in a cigar box delivered by a Nazi Youth courier on a bicycle.

    9/11 changed things, the enemy is among us. The spy agencies now have to spy on Americans. The shooter in San Bernardino was an American with an immigrant wife from Pakistan. Americans are traveling to Syria to train and fight with ISIS. Americans are providing material support to terrorists. Enemies are crossing the Mexican and Canadian borders unopposed. Just look at the public list of terror attacks since 2000 (https://en.wikipedia.org/wiki/Terrorism_in_the_United_States#2000s). What do you think they are going to do? Of course they are going to spy on Americans, they have no choice. How many attacks have they prevented or stopped? We may never know...

    Where do I stand on Apple's iPhone encryption? I like the fact that its heavily encrypted to protect my privacy but I hate the fact that terrorists will now use a newer iPhone 6 and up, disabling the finger print scanner, setting a strong password with a wipe after 10 attempts set, utilizing the secure enclave chip, turning off iCloud backup and Find my iPhone features, disabling GPS Location Services, disabling the control center and notifications while locked and using Messages iOS iOS for end to end encryption or maybe a third party app with similar encryption. Apple provides a pretty darn good solution for the terrorists. At the same time, I want that protection for myself but I also want the bad guys to get caught. It's a real world Catch-22 for sure... What's behind all this pressure on Apple? Well the 3 letter agencies are plenty cheesed off they can no longer spy on iOS devices like they used to. I mean a smartphone is a gold mine to them. Imagine turning on the microphone and using it to eavesdrop or obtain your GPS coordinates showing where you have been. The metadata alone is super useful. Snowden revealed they were accessing smartphones at will for quite some time!

    At this point, it is not legal for the government to force Apple to comply there is no law that says they have to comply. The request is not a warrant because obtaining a warrant in this case is going to be difficult. I don't care what anyone says, this is not about one iPhone, not at all. Apple is right, once they do what the government wants it will open up thousands of additional requests and then foreign governments will do the same. Then the government will ask for more, they will want master private keys to iOS Messenger traffic and other encrypted data on iOS and iCloud. That's exactly how corporate America encrypts their systems with a PKI server issuing keys to each user. When a

  96. Re:Fair trial? ha ha: plea bargains by KGIII · · Score: 1

    The 97% is meaningless by itself. In fact, it doesn't indicate anything other than selection bias in the data. In other words, only 3% made it far enough in the system to get to the point where they were officially charged.

    Now, we both know that's not true - but the number is meaningless by itself. It could just mean that the enforcement was doing its job well and that only 3 out of 100 people were wrongfully charged. People trying to use that number are trying to do your critical thinking for you and they're pulling at heart strings to do it. They're meaningless numbers, for the most part.

    If you don't believe me then what should that number be and why should it be there? That's a rhetorical question. Answering it is up to you and how honest you want to be with yourself.

    Should it be 100% conviction rate? Should we take away a person's right to plead guilty to an offense? No, those are rhetorical questions. No need to respond. How you answer isn't really important to me. You might be an exception but most people are not actually interested in dialogue and critical thinking and I'm not sure that I blame them for being the way they are and opting to not subject their views to critical thought.

    That number's meaningless. Really... Stop and think about it for a moment - if you want.

    Should that number be 100% or 0% and why? Again, rhetorical.

    That doesn't mean you're wrong! No, not at all. It's just that it's actually an appeal to emotion and a non sequitur. It literally does not follow. 97% could mean that they all were guilty as charged. 97% could mean that almost nobody gets falsely arrested or accused. Now, we know that's bullshit but the 97% number is immaterial. After all, what should than number be and why?

    And again, it doesn't mean you're wrong. In fact, I'm quite certain you're right. Hell, I'm positive you're right - to the point where I put my money where my mouth is. (I donate, a whole bunch, to EFF, ACLU, and to the Maine chapter of the ACLU in addition to the national chapter.) So, I'm not saying you're wrong - I'm saying that you're probably gonna want a better argument than that number - or even that link.

    Anyhow... I've got these in my favorites:
    https://www.bja.gov/Publicatio...
    http://legaltechdesign.com/The...

    And, as this is Slashdot, I'll stress again that you're not wrong. You're just pulling at heartstrings and using a near meaningless number to make your case. The number doesn't, by itself, mean something is deeply and meaningfully wrong. The number, by itself, is mostly just an attempt to appeal to emotions and is still a non-sequitur. But, you're still not wrong. At least I don't think you are.

    --
    "So long and thanks for all the fish."
  97. Re:You're _not_ always allowed to defend your acti by BarbaraHudson · · Score: 1

    The supreme court, in Brandenburg v Ohio, allowed the 1st amendment as a defense in cases of sedition. So it's been done, it's legal. and he can argue for his first amendment rights with the blessing of the Supremes.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  98. Of course he'd get a fair trial by Anonymous Coward · · Score: 0

    I'm sure he would get a fair trial. Then when it is over, an all expenses paid trip to Guantanamo Bay.

  99. Re:Fair trial? by KGIII · · Score: 1

    You don't actually get out much, do you? 'Cause I do and I have. I've stomped across the globe - literally. The only continent that I've not been on is Antarctica. I've not even been that close unless you want to say the southern part of Australia is close or if you want to say that near the tip of South America is close - I wasn't even at the edges or southern-most points.

    If you think the US' justice system is that bad then you're broken in the head, delusional, or stupid. I don't know which one it is and I'm not the type that runs around calling people idiots. However, I'm not adverse to being able to adjust my views dynamically.

    We'll presume you're not stupid. But...

    You talk about the justice department, the thread and article is about the justice department, and you're talking about the police. For starters, believe it or not - the police aren't nearly as bad as you seem to think. At least not as a general rule. They're also a hell of a lot better than they are in much of the rest of the world - I know, I've interacted with 'em all over the place.

    Yet, more importantly, I'm not actually sure you're qualified to opine. The judicial branch of the government is not the police. The police are the executive branch of the government. They are not the justice system - they do not administer justice in the United States. This is *not* a difference without distinction, it's an essential facet.

    So, maybe it's wrong to presume you're not stupid? I try to give the benefit of doubt but some folks make that hard, I'm not sure if it's deliberate.

    Speaking of the police, the executive branch... The nearest country, to my current physical location, is Cuba. Assuming I stay on land, the next nearest is Mexico. How about we do some justification for contrast? No? Yeah, you probably can't play that game honestly and the goal posts will get awfully heavy so I wouldn't want to put you out any. But, I can't say that I've ever had to produce my "documentaçion" (pay a bribe) to go from one town to the next without molestation. Hell, I can't even remember the last time a US police officer went on a spree-killing at the behest of the drug-lords.

    Yeah, you don't actually get out much or you're 14? Or you're really, really dumb. And I don't say that lightly. I've written many things on Slashdot - scads of stuff. Very seldom do I feel inclined to call anyone dumb. It's almost as rare as hen's teeth for me to do so. You, in your brilliant display of wisdom and insight, managed to demonstrate to the world that you're a complete and total idiot who rants based on ignorance. You should not only be ashamed, you should go find your mother and smack her for failing to ensure you were given an adequate education or use the computer without supervision.

    --
    "So long and thanks for all the fish."
  100. Edward Snowden played by Gary Cooper by Latent+Heat · · Score: 1

    I was just linking to Court Room TV covering Mr. Snowden's fair trial where he is exonerated by a Jury Nullification on the part of a panel of 12 pencil necks reacting to his moving defense, testimony, and summation.

    Yes, I dynamited those buildings but they were MY buildings.

    1. Re:Edward Snowden played by Gary Cooper by Aighearach · · Score: 1

      Oh, right, just a totally off-topic link that had nothing to do with your comment. That's why we don't click video links here; you're not half as clever as you thought.

      If you had any idea the history of bait-and-switch tactics on slashdot links, you'd understand that nobody here clicks links unless it is something like wikipedia.

  101. No by Anonymous Coward · · Score: 0

    Don't do it man. Nothing in the US is fair.

  102. Re:Fair trial? by NormalVisual · · Score: 1

    The only way to overturn a court ruling is through a higher court ruling, and the only way to overturn the highest court (Supreme Court) ruling is through a constitutional amendment which requires a 2/3rd vote in BOTH house and senate to pass. (We have difficulty getting a 51% vote to pass).

    Since contributions have already been held to be a form of speech, if you had an amendment restricting contributions, you'd have two amendments that directly conflict with one another. That would make for some interesting court cases.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  103. Re:Fair Trial?!?! Reality-Check by Anonymous Coward · · Score: 0

    Snowden broke many laws and confidential secrecy agreements.

    So put him to trial after we've tried all those responsible for the Constitutional violations he uncovered. Oh we did not try any of them? They remain in office? They frequently give interviews to the media, further flouting their lies? They continue to pump billions of tax dollars into computing centers that only make technological sense for massively unconstitutional endeavors?

    Why does nobody go after those criminals and enemies of the U.S. Constitution and values? What's with the preoccupation about Snowden? He's a pawn.

  104. Good luck with that defense by dlenmn · · Score: 1

    Talk about a stretch of the imagination. Brandenburg v Ohio said that a KKK member had the right to express abstract advocacy of force or law violation. I.e. the KKK member could say "All Jews should be killed," since he wasn't advocating or planning a specific act of violence ("lets go to Synagogue X this evening and burn it down!").

    What any of that has to do with Snowden is beyond me. Snowden didn't advocate leaking documents in an abstract sense. He actually leaked the documents. Moreover, who says that the court will treat government secrets in the same way they treat the speech of a KKK member? There is a first amendment right to say stupid stuff. There's no first amendment right to leak government secrets.

    1. Re:Good luck with that defense by BarbaraHudson · · Score: 1

      And Snowden wasn't advocating or planning a specific act or violence either. Leaking a government document isn't an act of violence.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  105. Re:Fair Trial?!?! Reality-Check by TechnoJoe · · Score: 0

    It is irrelevant that he uncovered shady government practices proving the spy agencies broke laws

    Actually, it's very relevant. New York Times v United States (1971). Information may not be classified merely because it would be embarrassing or to cover illegal activity; information may only be classified to protect national security objectives. United States v Nixon (1974). Executive privilege cannot be used to cover illegal activity.

  106. not to mention... by Anonymous Coward · · Score: 0

    unless you're a white male at the head of a corporation

    Yeah, right. Those white males at the heads of corporations don't actually get "fair" trials. I rather wish that they did.

    Ahh... gotta love those appropriate CAPTCHAs.... "guilty"

  107. Re:Operation Snowden by Anonymous Coward · · Score: 0

    Afraid of some truth you downmodding asshole?

  108. Re:Fair trial? by ihtoit · · Score: 1

    the CoP has no public gallery. Its proceedings are not open to the public. Judgements are not published. The only time we get to see the results of its machinations is the increasingly common case of mentally ill mothers to be being told that their babies are to be forcibly removed for adoption and they go to the papers.

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

    http://www.theguardian.com/uk-... (the Pacchieri baby snatching case)
    https://www.lifesitenews.com/n... (they even go so far as to prohibit the mentally ill from having sex)
    http://www.dailymail.co.uk/new... (or those deemed to have learning difficulties to marry... Mark and Kerry have been happily married now for seven years and are very good friends of mine)
    http://www.telegraph.co.uk/new... (background on the CoP and the evils that it can order: abortions, caesarians, experimental surgery and medication, euthanasia (AKA Liverpool Care Pathway which is just another term for "withhold all food, water and painkillers"), sterilisation, forcible restraint, incarceration "for the public good" even if no danger to the public has been evidenced)

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  110. Prerequisite by eric_harris_76 · · Score: 1

    Laws would have to change, first. His attorneys would not be allowed to pursue certain lines of defense.

    Details in "Data and Goliath". If you're read it recently enough or have it handy, post those details, please. I don't recall them.

    --
    There's no time like the present. Well, the past used to be.
  111. Don't turn yourself in. by Nehmo · · Score: 1

    Please, Ed, don't do anything stupid like voluntarily return to the US without a pardon. You've managed to make a point and stay free. Keep it that way.

    --
    (||) Nehmo (||)
  112. Re:Fair trial? by KGIII · · Score: 1

    Sorry for the slow response - I wanted to read 'em and do some looking. That's asinine. Completely and totally unacceptable.

    I figured you weren't shitting me - as I mentioned in the first post. I've seen enough of your posts and interacted with you enough to know you weren't making it up. Otherwise, I'd have just rolled my eyes and said, "Okay, right. Where's the proof?" I'd have then expected either no links, to be told to do my own research, or given links that didn't actually support what they were saying but to be given them a few days later when nobody is in the thread.

    So, when *you* said something along those lines, I knew something had to be up. As I said, based on my observations, you are not prone to exaggeration or hyperbole. You're not one for spouting rhetoric and being all that overzealous.

    Err... Quite some time ago, I started reading the usernames when reading the threads. I've forced myself to keep that as a habit. It makes reading slower but it actually makes the threads make more sense. In my effort to be polite, some folks are rather consistent with their mannerisms and behaviors. For example, I've been able to prove beyond all reasonable doubt a number of things to a number of people. Some of them will actually change and express their thanks for having made it more clear. Others... Well... The majority will just drop the subject, not reply, and will show up a few days later, in a new thread, and repeating the same damned wrong information. I'm reasonably polite about it and I'm generally a polite person in general. But, it's frustrating...

    So, observations told me that you're one of the more unusual folks who isn't prone to making unfounded accusations, repeating misinformation, and trying to carve reality to suit your beliefs. I figured I'd ask for more information 'cause that's kind of disturbing and you're a good source.

    Which is a long-winded way of saying thanks. Thanks!

    Ah - I just took a quick trip to Google. I see you're interested in the subject. You're quite interested. Is Child Snatching By The State something I might want to watch? I'm rather fond of information dense documentaries. There's only one seed. I'm guessing that seeder is you? If it's worth watching then I'll let it finish downloading and then keep it reseeding for a while. At least I'm assuming you're that "Jim?"

    --
    "So long and thanks for all the fish."
  113. Re:Fair trial? by ihtoit · · Score: 1

    yeah, that'll be me... :) I've done some seriously deep research into the problem over the years and discovered information in plain sight that only took a few hundred FOI enquiries to pull together. One particular report revealed that the local authorities in England and Wales have trafficked over 3,000 children of foreign nationals between 2006-2011. That's a low conservative estimate, the number could be two or three times that.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  114. Re:Fair trial? by KGIII · · Score: 1

    Through an odd turn of events, I know a couple of people who used to work for CPS-type services as "baby snatchers." Out of those, both quit. They've also both shared some of their experiences with me. I know exactly zero people who kept doing that job. There are times and places where it might be the safer choice to do some of the tings that are done by those groups (intentionally vague) but there's so much potential for abuse that it seems we might be better off just accepting the misfortune that comes from inaction.

    The download stalled and never got meta data and proceeded. It's okay, I'll go searching and see if there are other documentaries that I can find.

    --
    "So long and thanks for all the fish."
  115. Re:Fair trial? by ihtoit · · Score: 1

    ok... keep reminding me and I'll upload the edit to a dropbox and link you, there may be an issue with the torrent (I'm nowhere near it at the minute so can't check)

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  116. Re:Fair trial? by KGIII · · Score: 1

    Will do and thanks. I see you in enough threads and don't care about an O/T moderation here and there. I've got karma to burn. Hell, someone annoyed me so I turned on the karma bonus. That'll teach 'em. Well, probably not but I can hope.

    At any rate, I'll remind ya, thanks!

    --
    "So long and thanks for all the fish."