Leaders Call for Snowden’s Prosecution As CNN’s Toobin Calls Him A “Clown”

200px-national_security_agencysvgEdward Snowden, 29, is now a hunted man. The media this morning has moved from the shock over the massive surveillance of citizens to attacking Snowden as a leaker. Indeed, this morning, CNN’s Senior Legal Analyst Jeff Toobin denounced Snowden as a “clown” and someone who should be denounced. Toobin and I have been disagreeing a great deal lately. While I respect Jeff Toobin, I was surprised last week when he defended aspects of the investigation of journalists and later the massive surveillance programs. However, I was taken aback by the attack on Snowden. There certainly is a basis for criminal investigation — a point no one denies. He will have to answer for any violation of his clearance agreement and national security laws. However, it is the tenor and shift of the comments this morning that so surprised me. Rather than continue the debate of the loss of privacy, political and media figures are focusing on Snowden rather than the programs. You can disagree with his methods just as you can disagree with Julian Assange. However, there is an obvious effort to (like Assange) make him look unbalanced and dangerous. The story appears more complex. This is a man who gave up a $200,000 a year job and his likely freedom to reveal something that he felt the public should know about in the interest of privacy. You can disagree with his method, but few of his critics would even consider such a sacrifice for principle. Yet, the coverage this morning is largely on how to catch him and punish him. Over the weekend, the White House said it would find the person responsible and punish him. Snowden then self-disclosed his identity.

Ironically, President Barack Obama told the public that he was happy that we could have this debate over the balancing of privacy and security. However, he wants the person responsible for that debate to be prosecuted. Without Snowden, the program would have remained secret and no debate would likely have occurred. While aspects of these programs were previously discussed in 2006, this was the first confirmation of the programs from the government.

U.S. Rep. Peter King, chairman of the House Homeland Security Committee’s Subcommittee on Counterterrorism and Intelligence, called Snowden “a defector” and said “this person is dangerous to the country.” That is the new spin: the “high school dropout” and “clown” who fled to Hong Kong. Indeed, many news outlets are focusing on the fact that he allegedly had a $300 night hotel in Hong Kong before checking out.  (Anyone who has traveled to Hong Kong will tell you that this expense for a room is not uncommon and it is certainly not “one of the priciest” rooms for the city).  Much of the focus will be on Snowden and his case as opposed to the massive surveillance program. Many believe, like Snowden, that the greater danger to the country is the loss of privacy — as discussed in my column today in USA Today. What is clear is that this massive security state, and its contractors, are irate about these leaks, which have given critical information to the public that has long been denied to it by its elected representatives. It is a closed system that is represented vividly by Booz Allen. The current head of national intelligence (Clapper) is a former company executive. The prior intelligence head is now leading the company. It is part of a security state that generates hundreds of billions of dollars and we are the subject of their work under these and other programs. They do not like people causing the public to ask questions.

Snowden acted from within this closed system. We have a democratic system that seems entirely unconnected to the public. From the continuation of our fighting in Iraq and Afghanistan to warrantless surveillance, the views of the public seem entirely immaterial to our leaders. They offer rhetorical responses but largely act within a system controlled by two parties and their leaders. Congress itself has proven, yet again, to be entirely disinterested in civil liberties or privacy values. The courts have refused to hear dozens of public interest lawsuits seeking review of such programs. In this environment, whistleblowers often feel that they have no recourse but to go to the media. Of course, this Administration has not only attacked privacy but the free press in the recent scandals.

What is striking is the anger directed at Snowden from the media. He will be held accountable for any crime, but he is also someone who acted at great peril to himself. I do not believe that that makes him a “clown” and I hope that some attention will remain on the attack on privacy represented by these programs.

What do you think?

170 thoughts on “Leaders Call for Snowden’s Prosecution As CNN’s Toobin Calls Him A “Clown””

  1. https://www.rutherford.org/publications_resources/john_whiteheads_commentary/americas_new_normal_mass_surveillance_secret_courts_and_death_to_whistleblo

    America’s New Normal: Mass Surveillance, Secret Courts and Death to Whistleblowers

    By John W. Whitehead
    June 10, 2013

    “The administration has now lost all credibility. Mr. Obama is proving the truism that the executive branch will use any power it is given and very likely abuse it.” ­­– New York Times editorial board

    “Everyone everywhere now understands how bad things have gotten – and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.” – Edward Snowden, alleged source of NSA leaks

    There is a deep and abiding sense of unease permeating American society. From the IRS targeting politically conservative groups to the Department of Justice targeting journalists for surveillance, from the revelation that the National Security Agency (NSA) is tracking the telephone calls of most Americans to the public spectacle of whistleblower Bradley Manning’s trial, in recent weeks there has been no shortage of evidence that the new “normal” in the United States is not friendly to freedom.

    The America we learned about in school, the one celebrated in songs and poems, the one to which our ancestors flocked in hopes of starting a new life based upon promises of wealth and liberty, is getting harder to find with every passing day. As I document in my new book, A Government of Wolves: The Emerging American Police State (available at Amazon.com), the American ideal of freedom and civic involvement is being replaced by a technocratic nightmare in which government bureaucrats and their allies in the corporate sector rig the rules of society in order to protect the power and privilege of a select few politicians and businessmen. All the while, the majority of the American people are kept in check via debt, imprisonment, and a vast surveillance network which keeps us monitored, controlled and marching in lock step with the government’s dictates.

    If any of this sounds fantastical, it’s only because people haven’t been paying close enough attention. Why, in the past week alone, the government has doubled down on its attacks on individual liberty, government transparency, the rule of law, and basic human decency.

    On Wednesday, June 5, it was revealed that the NSA has been systematically collecting information on all telephone calls placed in the United States via the Verizon network. Based upon a top-secret order handed down by the Foreign Intelligence Surveillance Court (FISA) in April 2013, Verizon has been forced to hand over its records to the NSA on an “ongoing, daily basis.” While the government insists that the content of telephone conversations are not recorded, they acknowledge that telephone numbers, location data, call duration, and other unique identifiers are sent to the NSA for analysis. The NSA collects information on about 3 billion phone calls per day.

    Immediately following the revelation of the secret court order allowing the NSA to record the telephone activities of Verizon customers, The Washington Post released a top-secret document outlining a project code-named PRISM, which involves the NSA and FBI “tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio and video chats, photographs, e-mails, documents, and connection logs that enable analysts to track foreign targets.” These companies include Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple.

    PRISM was born at the tail end of President Bush’s disastrous program of warrantless surveillance. It depends in part on legislation passed by Congress in 2007 and 2008, the Protect America Act and FISA Amendments Act, which provide immunity to private companies that voluntarily cooperate with government efforts to collect private data on users. Government officials are increasingly relying upon PRISM for data collection as the program has become the “most prolific contributor to the President’s Daily Brief” and nearly one in seven intelligence reports rely primarily on information extracted via the program.

    While shocking to some, these revelations are par for the course for our out-of-control government. Relying on secret orders handed down from government officials and the courts and emboldened by members of Congress with little concern for protecting the rights of the citizenry, government agents are now able to flout all safeguards to privacy while still claiming that they are technically acting within the bounds of the law.

    This is no trifling matter. Senators Ron Wyden (D-OR) and Mark Udall (D-CO) have warned that Americans are the subject of a surveillance program that knows no bounds. As Udall has warned, “there is nothing to prohibit the intelligence community from searching through a pile of communications, which may have been incidentally or accidentally collected without a warrant, to deliberately search for the phone calls or e-mails of specific Americans.” For his part, Wyden has asked NSA staff to disclose the number of Americans whose communications have been collected, but NSA officials continue to stonewall, even going so far as to suggest that estimating the number of Americans whose communications have been collected would violate their privacy rights.

    In full damage control mode, the government wants us to believe that the surveillance is primarily directed at communications coming from foreign sources and that “reasonable procedures [are] in place to minimize collection of ‘U.S. persons’ data without a warrant.” However, as we are learning, the government rarely tells the truth.

    In typical fashion, intelligence officials spent the week attacking journalists for reporting on the NSA’s secret surveillance programs, with Director of National Intelligence James Clapper calling the leaks “reprehensible” and vowing to prosecute whomever chose to leak the information. On Sunday, former CIA employee and NSA contractor Edward Snowden came forward as the source of the NSA leaks. Speaking from Hong Kong, Snowden insisted that the information needed to be seen by the American public, in part to “send a message to government that people will not be intimidated.”

    Snowden’s actions speak to the need for greater citizen action and transparency in government, two qualities sorely lacking in America today. Typical of Beltway politics, however, rather than holding the government accountable for its systematic and illegal surveillance of American citizens, they’re looking to shoot the messenger. Indeed, the heads of both the House and Senate Intelligence committees, Rep. Mike Rogers (R-MI) and Senator Diane Feinstein (D-CA) have already come out in favor of Snowden’s prosecution.

    This is par for the course for the Obama administration, which has relentlessly pursued whistleblowers intent on exposing government crimes. Just ask Bradley Manning, whose court martial is underway. The government plans to call over 140 witnesses to the stand in an attempt to prove that Manning knowingly “aided the enemy” when he released hundreds of thousands of diplomatic cables outlining various government and military abuses to Wikileaks.

    If the government’s case succeeds, not only will Manning face life imprisonment, but whistleblowers and journalists alike who dare to hold a mirror to the bloated face of American government will find themselves targeted for censure and prosecution by government agents. Yet as veteran journalist Walter Lippmann once declared, “There can be no higher law in journalism than to tell the truth and to shame the devil.”

    Frankly, we should all be doing our part to shame this particular devil.

  2. “The value proposition of Booz and others is that it is supposed to carry out many functions that governments used to—for less money and hassle while ensuring superior performance and impeccable security. In its most recently concluded fiscal year, it collected $5.76 billion in revenues and reported a healthy operating profit of $446 million. After paying $149 million in income taxes, it was left with net income of $219 million.

    Essentially, Booz Allen is a conduit for taxpayer money to contractors, shareholders, and employees, many of whom, like Snowden, are highly paid. The Guardian pegged his salary at $200,000. According to the company’s proxy filing, CEO Ralph Shrader earned a $1,162,500 salary last year, plus nearly $2 million in stock awards and other compensation.” Daily Beast

  3. The amazing thing about this story to me is that how deeply the government is involved with Booz Allen. Half of their employees have security clearances. Snowden a guy with an eighth grade graduation made $200,00 a year at Booz Allen. That probably means the government was paying Booz Allen 400,000 a year for him. He probably made 90,000 working for the government where he started out as a janitor. The waste involved is shocking. The fact that Snowden had access to everyone’s personal information while employed at Booz Allen is incredible. No wonder he blew the whistle.

  4. How To Save Your Freedom
    By Charles P. Pierce
    6/10/2013
    http://www.esquire.com/blogs/politics/how-to-save-your-freedom-061013

    I suppose that a lot of the blog discussion this week is going to be about the extent to which a democracy surrenders to fear, and the damage it does to its institutions of self-government when it does so. In fact, I’m sure of it. So, in that spirit, I’d like to share a story someone sent me over the weekend about the passing of one individual American who declined to surrender to fear, and thereby reinforced, and did not damage, our institutions of self-government and the spirit that ought to suffuse them.

    How do you preserve your freedom?

    Stop talking about it and help preserve someone else’s.

    “After President Franklin D. Roosevelt signed an executive order in February 1942 that made the relocation possible by declaring certain parts of the West to be military zones, Al Tsukamoto, whose parents arrived in the United States in 1905, approached Mr. Fletcher with a business proposal: would he be willing to manage the farms of two family friends of Mr. Tsukamoto’s, one of whom was elderly, and to pay the taxes and mortgages while they were away? In return, he could keep all the profits. Mr. Fletcher and Mr. Tsukamoto had not been close, and Mr. Fletcher had no experience growing the farmers’ specialty, flame tokay grapes, but he accepted the offer and soon quit his job. For the next three years he worked a total of 90 acres on three farms – he had also decided to run Mr. Tsukamoto’s farm. He worked 18-hour days and lived in the bunkhouse Mr. Tsukamoto had reserved for migrant workers. He paid the bills of all three families – the Tsukamotos, the Okamotos and the Nittas. He kept only half of the profits. Many Japanese-American families lost property while they were in the camps because they could not pay their bills. Most in the Florin area moved elsewhere after the war. When the Tsukamotos returned in 1945, they found that Mr. Fletcher had left them money in the bank and that his new wife, Teresa, had cleaned the Tsukamotos’ house in preparation for their return. She had chosen to join her husband in the bunkhouse instead of accepting the Tsukamotos’ offer to live in the family’s house. “Teresa’s response was, ‘It’s the Tsukamotos’ house,’ ” recalled Marielle Tsukamoto, who was 5 when she and her family were sent to the Jerome center.”

    The internment of Japanese-Americans during World War II was an insult to the American idea and a blot on the civil liberties of this country almost unparalleled in American history — yes, it was even worse than what the NSA has been doing since 2001. This guy stood up against someone worse than faceless bureaucrats. He stood up to his neighbors. That is always the toughest things, especially in a small place.

    “Mr. Fletcher’s willingness to work the farms was not well received in Florin, where before the war some people had resented the Japanese immigrants for their success. Japanese children in the area were required to attend segregated schools. Mr. Fletcher was unruffled by personal attacks; he felt the Japanese farmers were being mistreated. “I did know a few of them pretty well and never did agree with the evacuation,” he told The Sacramento Bee in 2010. “They were the same as anybody else. It was obvious they had nothing to do with Pearl Harbor.” After the war, resentment against the Japanese in Florin continued. If Mr. Tsukamoto tried to buy a part at the hardware store only to be told that the part was not in stock, he would ask Mr. Fletcher to buy it for him.”

    Really, the only thing it takes to preserve what matters is one person who remembers what the country is about. This guy should have a statue on the freaking mall.

    *****

    Bob Fletcher, who helped Japanese Americans interned during the war, Dies at 101
    Former California agriculture inspector quit his job in the middle of World War II to manage the fruit farms of Japanese families forced to live in internment camps.
    http://www.allegiancemusical.com/article/bob-fletcher-who-helped-japanese-americans-interned-during-war-dies-101

  5. Toobin calls Snowden a clown. Pretty outrageous for a talking head on CNN. Is this a case of it takes one to know one or is it a case of Toobin being so embarrassed by his own failure to speak up that he needs to denigrate the messager?

  6. Elaine M. 1, June 10, 2013 at 9:48 am

    Glenn Greenwald on Morning Joe Today:
    =================================
    I watched that episode.

    Comrade Haas was there promoting the Stalinist line as usual/

    Lately, Mika is being drawn into the “who needs the constitution when we need security” vortex.

  7. “Help, My comment was just deleted.”

    Any chance your comment contained classified information?

    Just checking…

  8. There is a threshold issue when it comes to whistleblowing:

    Every single day, thousands of American workers report fraud, violations of environmental rules, health and safety hazards, and political corruption. When done right, whistleblowing has strengthened democracy, protected the environment, and saved taxpayers and investors from huge financial losses.

    Now, from the world’s leading whistleblower attorney, comes the first-ever consumer guide to whistleblowing. The Handbook sets forth twenty-one basic rules every potential whistleblower needs to know. With The Whistleblower’s Handbook, Stephen Martin Kohn has become the first author to not only explain American laws regarding whistleblowing, but also to provide a guide for how whistleblowers around the world can protect themselves using the Foreign Corrupt Practices Act.

    The Whistleblower’s Handbook is the authoritative reference for anyone who has ever wondered how they might blow the whistle – and, once they’ve done so, how to prevail.

    (National Whistleblowers Center).

    The so-far secret FISA court opinion holding that the administration has violated the 4th Amendment may give a basis for whistleblower status, and thus some statutory protection.

  9. Why anyone would give weight to the words of Toobin is a mystery to me.

    He might as well be a paid flack for the National Security State.

    Whether the subject is the IRS, or NSA, Toobin is a sophist of the worst kind.

    On the other had I am sure Toobin has a bright future as an entertainer. Give that man an AM talk radio program.

    As for immunity for whistle blowers: there would be far less need for immunity if the courts were doing their job and letting citizens argue their cases for proper adjudication.

    If the courts prevent democratic methods of consideration and change then citizens will resort to other methods – possibly to the great detriment of us all.

  10. I always look @ motives as much as actions. People often are sanctimonious saying they are enforcing rules for the good of the organization, company, blog, etc. but when you look @ the facts the motives are often quite less than noble, I’ve read about Snowden, watched interviews w/ the eye of an investigator. This is an introverted man who seem uncomfortable w/ attention. I surmise he came out for the sole purpose of saving his life. He has seen just how ruthless the Chicago Machine operates and rightfully fears for his safety. My take is this was done for noble reasons. However, this guy is probably going to pay a high price for his nobility. History shows that to often be the case.

    The judicious Mr. Turley is too kind on Mr. Toobin. my wife is a former Federal Probation Officer who was the sentencing guidelines expert for her office. The judges often consulted w/ her on the guidelines. They are VERY complicated. My wife laughs @ Toobin when he gives “expert” testimony on Fed sentencing guidelines because he doesn’t know shit from shinola. And, let me give a blatant plug. My wife has just published a “women” novel called Taken For Granted, available on Amazon. It’s about 2 friends, one an attorney and the other a university worker involved w/ drugs, fraud, and murder. it’s set in Madison where we reside. Men will enjoy it also but it was written geared toward the better gender.

  11. Reblogged this on danmillerinpanama and commented:
    Jonathan Turley, the author of this article, has long struck me as a liberal in the old fashioned, classical sense, rather than as a “librul,” i.e., an adherent to the religion of the left. This article is consistent with that perception. In the final paragraphs he observes,

    We have a democratic system that seems entirely unconnected to the public. From the continuation of our fighting in Iraq and Afghanistan to warrantless surveillance, the views of the public seem entirely immaterial to our leaders. They offer rhetorical responses but largely act within a system controlled by two parties and their leaders. Congress itself has proven, yet again, to be entirely disinterested in civil liberties or privacy values. The courts have refused to hear dozens of public interest lawsuits seeking review of such programs. In this environment, whistleblowers often feel that they have no recourse but to go to the media. Of course, this Administration has not only attacked privacy but the free press in the recent scandals.

    What is striking is the anger directed at Snowden from the media. He will be held accountable for any crime, but he is also someone who acted at great peril to himself. I do not believe that that makes him a “clown” and I hope that some attention will remain on the attack on privacy represented by these programs. [Emphasis added.]

    Well said, Sir.

  12. I believe those that wrote our Constitution and first 10 amendments would be aghast at the recent revelations. That the government would think it has the right to monitor who you call, for how long you talked, and where you were when you called? And that they could collect your personal emails and store them (we promise not to read them)? This so flys in the face of the 4th amendment that I wonder about the sanity of those that shrug it off or actively support it.

  13. Snowden has demonstrated truly incredible courage and principle. Let’s hope his action opens the doors for others to come forward and expose radical, criminal activities by this government.

  14. It’s so strange to me how, over the last few years, it’s become the vogue to argue that people who leak important, strategic national security secrets should be immune from prosecution. I guess the only way you be OK with prosecuting someone for leaking is if they just directly sold secrets to Russia? And anything else is cool, especially if the leaks go to someone in the press or are written in a big splashy book.

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