Did you notice what Snowden was shedding a light upon? Have you been paying any attention at all?
Sometimes an obligation is nullified by a greater obligation.
If I smash a car window in order to rescue an unattended baby which is suffering from heatstroke, I should not be held liable for criminal damage.
Some countries, including my own, even have âwhistleblower legislationâ which codifes this concept with regard to âleakingâ.
Indeed. How much longer will the rest of the world tolerate U.S. overreach? Could Snowden become our eraâs Gavrilo Princip, assassin of Archduke Ferdinand?
We do have whistleblower legislation in the US.
The problem is, it requires three things in the Snowden case (because itâs an intelligence/classified thing)
- The offense must be illegal
- The offense must be reported to the Soliciter General or a member of Congress with appropriate clearance
- The whistleblower must help rectify the situation and aid the sg or member of congress in solving the problem.
Snowden is reporting on something that was not illegal. He did not notify congress or the soliciter general or any superior with clearance. He is not helping to rectify the situation in the eyes of the law.
So he doesnât fall under whistleblower protection.
People like you keep using that wordâŚI donât think it means what you think it does. Or if the new definition of coward includes people who have taken huge personal risks on behalf of the general public, as opposed to for instance those who upheld their contracts at the expense of the constitution, Iâm afraid it wonât be much of an insult any more.
Iâll ask one more time: who gains anything by watching Snowden be railroaded? The US government has made it very clear it intends to deal harshly with messengers rather than violations, so if not this, what is political asylum for?
Yes it was. It was in direct violation of the 4th Amendment. Previous whistleblowers have addressed this through legal means within the system, and theyâve been charged with a variety of federal crimes as a result.
To anyone paying attention, itâs obvious that Snowden took the only route that the US government left open to him. If the US government would have preferred him to handle this in a different way, they should have allowed that different way, instead of harshly punishing everybody who took it.
He doesnât fall under whistleblower protection because there simply is no whistleblower protection in the US anymore.
Iâll sum this up: People like you would have told Rosa Parks to stand up âŚÂ and yield her seat.
Sorry, itâs that simple.
I can understand that you donât give a fuck about your precious government screwing foreigners. Thatâs fine with me, I kinda expect it. Iâll reserve the right to view all involved as criminals who should get hit with an European warrant for arrest as soon as they leave a plane.
But what the NSA does doesnât stop at the border.
It was NOT ILLEGAL. I donât know how else to say this, because Patriot made it legal, and nobody had legally challenged it. If youâre upset at the concept of Judicial review determining the unconstitutionality of things, you need to go back to Marbury v Madison and kick some ass. But the reality is, itâs NOT illegal or unconstitutional until itâs found as such. Itâs unethical. Immoral. Likely would be found unconstitutional. But itâs NOT illegal. Yet.
Iâm afraid you are missing the point here. Snowden had no option but to run. Consider the illegal detention and treatment of Bradley Manning. Consider the many other whistleblower whoâve tried to address this within the system and had their lives destroyed with no meaningful change to the policies.
At some point, the only way to inform the public of the crimes committed by their government is to inform the public directly. The government has no interest in obeying the law, and flagrantly violates the law in order to maintain their stranglehold. The only hope to get the US back on the right path is to stay out of the governmentâs reach and inform the public directly.
I am ashamed at the french (halas not surprised, Hollande government is on the exact same mark as his predecesor Sarkozy, ie ending France independance that was once the hallmark of De Gaulle) and ashamed at the US government. Too bad for the auto-proclamed âfreedom lighthousesâ countrys. Snowden is a courageous man and i wish his acts will help free our minds and rights in the end.
Hoping we find light in the dark universe.
Indeed. I would imagine that his probability of gaining asylum in Bolivia has increased exponentially.
Manning is a valid example because even if his treatment was legal in the US, something I doubt, it was illegal by international laws - laws the US signed and ratified (what makes them AFAIK national law)!
Hereâs a little known fact.
Ratification of treaties does not make it national law. Usually after a treaty is ratified , the next step is for congress to enact the laws. But that doesnât always happen. Manningâs case doesnât fall under international treaty because Manningâs not a prisoner of war. Heâs basically a member of the military that acted against interests and disobeyed standing orders.
You miss one important point. If Snowden is convicted, he will almost certainly be imprisoned in ADX Florence, a prison that was designed to psychologically torture its inmates (where solitary confinement is the norm). Fair trial or not, there is no reason he should be subject to such torture. As such, he would be an idiot if he voluntarily returned to the US when such a torture-prison exists.
In any case, Snowdenâs flight has revealed more about the U.S. imperium than his whistleblowing. We now know (if we didnât already) that Europe will cave in to anything their master demands, whereas Russia and China still feel able to defy the U.S. (although with caution). Now we will see how the Bolivarians do.
I quote from wikipedia:
Torture in all forms is banned by the 1948 Universal Declaration of
Human Rights (UDHR), which the United States participated in drafting.
The United States is a party to the following conventions
(international treaties) that prohibit torture: the American
Convention on Human Rights (signed 1977) and the International
Covenant on Civil and Political Rights (signed 1977; ratified 1992).
On the matter if an ratified international treaty is domestic law I quote the ASIL (http://www.asil.org/insigh10.cfm)
A self-executing treaty provision is the supreme law of the land in
the same sense as a federal statute that is judicially enforceable by
private parties. Even a non-self-executing provision of an
international agreement represents an international obligation that
courts are very much inclined to protect against encroachment by
local, state or federal law.
As far as I understand the legalese the US ratified international treaties banning torture. Itâs irrelevant if he is or isnât a prisoner of war, civilian or not , alien or whatever - it is illegal to torture him. If he were POW he would be protected by ADDITIONAL treaties (Geneve Conventions - btw a treaty the US also ignored ref.: âenemy combatantsâ).
Iâm sure that if Snowden came back to the US heâd have a great defense team now. And, yes, call me naive, but I think that a jury of his peers would not convict him.
Heâd be allowed to choose his own defense team? Or even have one? And heâd get a jury of his peers?
Iâm calling you naive.
Yup. Itâs canny broken, like. And the âfeatured commentsâ thing has Kinjaâs malign influence written right through it like a stick of rock.
OK, Iâve said no such thing. In fact I said, âI applaud SnowdenâŚâ
Passive resistance is different from cut and run. There are two parts to passive resistance first is the act of defiance the second is to bring attention by accepting the consequences. Rosa Parks knew that she was going to be arrested and accepted that. Her actions brought attention to the Jim Crow laws and sparked the civil rights movement (which embraced passive resistance).
Second, youâve assumed that I am writing as a resident of the USA.