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Edward Snowden On Trump Administration's Recent Arrest of an Alleged Journalistic Source (freedom.press)

Snowden writes: Winner is accused of serving as a journalistic source for a leading American news outlet about a matter of critical public importance. For this act, she has been charged with violating the Espionage Act -- a World War I era law meant for spies -- which explicitly forbids the jury from hearing why the defendant acted, and bars them from deciding whether the outcome was to the public's benefit. This often-condemned law provides no space to distinguish the extraordinary disclosure of inappropriately classified information in the public interest -- whistleblowing -- from the malicious disclosure of secrets to foreign governments by those motivated by a specific intent to harm to their countrymen. The prosecution of any journalistic source without due consideration by the jury as to the harm or benefit of the journalistic activity is a fundamental threat to the free press. As long as a law like this remains on the books in a country that values fair trials, it must be resisted. No matter one's opinions on the propriety of the charges against her, we should all agree Winner should be released on bail pending trial. Even if you take all the government allegations as true, it's clear she is neither a threat to public safety nor a flight risk. To hold a citizen incommunicado and indefinitely while awaiting trial for the alleged crime of serving as a journalistic source should outrage us all.

15 of 342 comments (clear)

  1. Right by SETY · · Score: 4, Insightful

    He is right. Snowden is not a disinterested party, but he is still right.

    1. Re:Right by jedidiah · · Score: 5, Insightful

      Not sure this qualifies as whistle blowing. It certainly does qualify as violation of her security clearance and there are legal consequences for that. Everyone with a clearance knows this. Everyone that works with people with a clearance knows this.

      Serious crusaders have never had any problem facing the consequences of their actions.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Right by i_ate_god · · Score: 4, Insightful

      > Not sure this qualifies as whistle blowing.

      And the point of the article was to let a jury decide that.

      --
      I'm god, but it's a bit of a drag really...
    3. Re:Right by Obfuscant · · Score: 5, Informative

      He is right. Snowden is not a disinterested party, but he is still right.

      Actually, he is quite wrong, starting with his initial representation of the matter.

      "Winner is accused of serving as a journalistic source for a leading American news outlet about a matter of critical public importance. For this act, she has been charged with violating the Espionage Act..."

      No. She was not charged with espionage for being a journalistic source, she was charged with espionage for releasing classified material. She could have been a journalistic source all day every day for ten years and been untouched by the Espionage Act, if she had not deliberately mishandled classified material. That, and not "acting as a journalistic source", is the act for which she is charged.

      The problem with the excuse that it was "inappropriately classified" is that Winner did not have the authority to reclassify it, and did not have the background necessary to know if it was properly classified or not.

      What is it these days? Some people cry "treason" when an authorized representative of the US government tells another government intel about a common enemy, and excuses when an unauthorized flunky releases actual classified material.

    4. Re:Right by hey! · · Score: 4, Insightful

      There is nothing that says that whistleblowing has to be legal; in fact in repressive regimes it's always illegal.

      Daniel Ellsberg certainly broke the law when he leaked the Pentagon Papers. But he was no traitor -- at least not to the country. Ellsberg was a very senior person who knew exactly what he was doing and measured his actions very precisely to avoid harming US security interests. People were furious when they learned how dishonest their government had been.

      Classification is neither here nor there as far as whistleblowing is concerned. The strongest argument against Reality Winner being a whistleblower is that she didn't reveal any US government wrongdoing. She didn't even reveal any wrongdoing by Donald Trump, his campaign, or transition team.

      She clearly is no Daniel Ellsberg; she's more like Chelsea Manning, well-meaning but naive and inexperienced. While she wasn't so foolish as to reveal any methods or resources, we can't be certain whether Russia was aware we were onto them.

      Overall I have mixed feelings. On one hand what she did has counterintelligence implications. But you have to weigh the value of the public knowing that the Russians really were meddling. There has been an active campaign to paint that as paranoia. It's good that we know, but we can't really be sure what the cost was.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  2. In General Agreed, However... by BlueStrat · · Score: 4, Insightful

    "Whistleblower" protections should not extend to leakers whose purpose is domestic partisan-political in nature.

    Revealing things like Snowden did which are blatantly unconstitutional acts by government are one thing, but revealing certain confidential/secret/top-secret information to harm political enemies should never be protected.

    I notice Snowden did not in any way endorse Winner's specific actions, only the relevant laws in general and their draconian nature.

    Strat

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  3. Re:A whole lot of nothing in the leak by NoNonAlphaCharsHere · · Score: 5, Funny

    or (b) it's been created to make the Trump administration look competent and tough.

    $DIETY, how I miss the quiet, towering intellectualism and sure, deft, thoughtful competence of the George W. Bush administration.

  4. It's time.. by gyepi · · Score: 4, Insightful

    ... to challenge the constitutionality of the Espionage act, and hope that, for the right reasons, the Supreme Court will ultimately strike it down. Unfortunately this implies several years of legal battle for a Winner... but she may not have another choice anyway.

    --
    Attitudes make the difference between Space and Time: we want to MAX our temporal, and MIN our spatial extension.
  5. Re:Snowden's hypocrisy knows no bounds by Anonymous Coward · · Score: 5, Insightful

    Whether or not material *is* classified is irrelevant - what matters is if it *should* be classified.

    If the Government conducted oh let's say involuntary medical trials on blacks, and classified it, would you then say - hey, it's classified, how DARE you release it, all Governments MUST have classified information to function?

    Of course not.

    Your comment about Snowden being in Russia is staggeringly inappropriate. He is there because he has nowhere else to go, and that's because the USA cancelled his passport - because he released information of their appalling behaviour.

    The action - mass survellience (and until Snowden came along, secret mass survillience) - is wrong, because the the vast majority of the people being watched, having their privacy violated, have done and will never do anything wrong. It is a violation of the principle that everyone two parties do together must be voluntary and well-informed, except in self-defence. It is the same principle which makes involuntary medical experimentation wrong.

  6. This, and more by s.petry · · Score: 5, Insightful

    What she leaked was certainly not whistle blowing. A report that states people were spear phished by a foreign government is nearly a daily event for many of us, and I don't even work in DOD any longer where it was multiple times a day. This was dumping data for purely political purposes, not presenting wrong doing and cover up. Snowden and Manning both could be claimed as whistle blowers.

    As to the claim that this should be in front of a jury I would agree if, and only if, the jury members all had the correct clearance and could be trusted outside of court with information learned in the case. Evidence in these types of trials will contain at least some classified material/methods. It must be established "how" they tracked down the 6 sources and narrowed down to one.

    For those who cry "1st Amendment", the 1st does not protect you from consequences. Hell, the founders of the US lived knowing that at any moment the King of England would lop their heads off if given the chance.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  7. Re:A whole lot of nothing in the leak by ShanghaiBill · · Score: 4, Interesting

    I don't know about insane, but certainly not very bright.

    If you look at her social media posts, it is clear that she was not emotionally stable and while her views were not particularly extreme, she was very passionate and riled up about even small issues. She should have had her security clearance revoked long ago.

    Way too much crap is classified, and because of that, way too many people have clearances.

    Disclaimer: I had a "secret" clearance for 15 years.

  8. Re:Let's shift context by Calydor · · Score: 4, Insightful

    The drug dealer gets to have a jury, though.

    --
    -=This sig has nothing to do with my comment. Move along now=-
  9. Re:A whole lot of nothing in the leak by fahrbot-bot · · Score: 4, Funny

    If you look at her social media posts, it is clear that she was not emotionally stable and while her views were not particularly extreme, she was very passionate and riled up about even small issues. She should have had her security clearance revoked long ago.

    I've seen clearances pulled for emotional instability before, but only when sparked by reported alcohol treatment. I don't know the extent that social media plays in determining somebody's fitness for a clearance with the NSA, but I have experience with the DoE.

    One thing is certain, it's not an issue for being President.

    --
    It must have been something you assimilated. . . .
  10. Re:A whole lot of nothing in the leak by fahrbot-bot · · Score: 4, Insightful

    If you look at her social media posts, it is clear that she was not emotionally stable and while her views were not particularly extreme, she was very passionate and riled up about even small issues. She should have had her security clearance revoked long ago.

    Some of that sounds like another Twitter user.

    --
    It must have been something you assimilated. . . .
  11. Re:A whole lot of nothing in the leak by Fire_Wraith · · Score: 4, Insightful

    Revoking a clearance for political beliefs is some seriously dangerous ground. Where do you draw the line between someone with "acceptable" political beliefs or not? This is something that could cut both ways. Should someonwho was an active Tea Party/etc member during the Obama administration have had their clearance revoked? What part of anything she had done, up until the point she actually leaked classified information, would you suggest crossed a line?

    Unless the political activity itself is somehow actively seditious (like being a Communist during the Cold War, for instance) or otherwise links you to anti-government groups, I don't think you can simply use being politically active and motivated as a clearance determinant. Maybe if the activity itself somehow does, such as if someone was a diehard Wikileaks supporter or such - but certainly not for anything remotely mainstream.