Below is my column today in USA Today on the criminal complaint against Edward Snowden. I have been criticizing the charge under the Espionage Act as abusive and a mistake by the Administration. President Barack Obama has been criticized for years for his use of the controversial 1917 Act. He is responsible for six of the nine total indictments ever brought under the Act. More than all presidents before him and putting Richard Nixon to shame. He has used the act against sources for journalists and only recently was criticized for the attacks on the free press under his Administration. I do not question the basis for prosecution of Snowden for the disclosure of classified information or any theft of such documents. However, the effort to put him away for life does raise an interesting contrast with prior cases, which is the subject of today’s column (slightly expanded from the print version).
As Edward Snowden travels the globe looking for refuge from U.S. law enforcement, the self-proclaimed leaker has finally done what wars and economic crisis failed to do. He has united both Democratic and Republican leaders in an increasing shrill chorus calling for his head. Many of these politicians insist that Snowden must be put away for life or even face the death penalty.
Criminal embarrassment
Yet, what unites both parties in anger does not appear to be the alleged breach of security but the greatest crime of all: embarrassing the establishment. Snowden embarrassed Congress and the White House by discussing not only massive secret surveillance of our citizens but also false statements given to the public by our leaders. For that, he might have to pay with his life.
For many, the recent disclosure of massive warrantless surveillance programs of all citizens by the Obama administration has brought back memories of George Orwell’s 1984. Such comparisons are understandable not only with the anniversary of the book occurring the very week of the disclosures but the Administration’s “doublethink” interpretations of common terms like “transparency” and “privacy.” According to President Obama, the secret surveillance program is not only entirely “transparent” but something of a triumph of privacy.
Yet, another Orwell book seems more apt as the White House and its allies try to contain the scandal: Animal Farm.
Orwell wrote the fanciful account of a farm society of animals at the end of World War II during a period of authoritarian power and government propaganda. The farm government proclaimed equality of all animals but, as the pig Squealer explained, “all animals are equal, but some animals are more equal than others.” As our leaders joined together on television to bloviate about the need to capture and try the “traitor” Snowden, they were affirming a system of laws that seems to apply to the governed exclusively.
‘Least untruthful’
Consider the charges against Snowden: Official Washington insists that “justice must be done” in the face of a clear criminal act. Yet, when one of their own commits a crime related to classified information, it is difficult to get Attorney General Eric Holder, many members of Congress or the president to even acknowledge it.
For example, there is a clear crime that has been documented and virtually confessed to in this scandal: perjury. Not by Snowden, mind you.
When National Intelligence Director James Clapper appeared before the Senate, he was asked directly, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Clapper responded, “No, sir. … Not wittingly.”
We now know that was a lie. Moreover, many of the senators who heard that testimony knew it was a lie because they admitted later to knowing about the NSA program to gather data on every citizen. Later, Clapper said that his testimony was “the least untruthful” statement he could make. Yet, of course, that would still make it an untrue statement — which most people call a lie and lawyers call perjury. Indeed, when Roger Clemens was prosecuted for untrue statements before Congress, he was not told of the option to tell the least untrue statement on steroid use.
Where are all of our law and order advocates in the face of the admission that Clapper lied to the Senate and the public? The Justice Department routinely prosecutes people for relatively small misrepresentations in testimony. This was a whopper. A premeditated, knowing lie. Yet, Holder has not even ordered an investigation into the possible perjury. Ironically, the attorney general himself recently gave testimony that was widely viewed as false on the surveillance of journalists and the treatment of journalist investigation as a criminal conspiracy.
Slap on the wrist
Even when the governing elite is caught violating the same law as Snowden, it is considered a minor transgression. Snowden is alleged to have stolen government classified documents and removed them from secure locations. Prosecutors will likely seek a lengthy sentence for that act alone.
But in 2005, Samuel “Sandy” Berger, a former White House national security adviser to Bill Clinton, faced that same charge after he intentionally removed and destroyed copies of a classified document. Not only that but Berger then lied to investigators — a separate crime regularly prosecuted by the Justice Department. Yet, no one called for his long incarceration. Instead, he was allowed to plead guilty to a single misdemeanor with no jail time. That’s right, not a day. Just a fine and a three-year suspension of his security clearance. In other words, the deal allowed Berger to walk and even allowed him to reacquire a clearance after just three years.
Of course, none of our politicians is nearly as open and honest as Squealer. There will be no sign proclaiming the different treatment of the governing and governed classes. They prefer the barnyard to return to its previously sleepy existence once the offender has been put away.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and a member of USA TODAY’s Board of Contributors.
June 24, 2013
“Gregory is a tool for most of the folks in power–not just the current president.” -Elaine M.
“Gregory is a tool and a fool” -leejcaroll
“Dance, monkey, dance.”
http://youtu.be/KdvHwtRdg_I
What Are The Gobshites Saying These Days?
By Charles P. Pierce
Jun 24, 2013 at 9:50AM
http://www.esquire.com/blogs/politics/The_Gobshites_In_The_Court_Of_The_King?src=rss
Greenwald: Beltway media types are ‘courtiers to power’
By Erik Wemple,
Published: June 24, 2013
http://www.washingtonpost.com/blogs/erik-wemple/wp/2013/06/24/greenwald-beltway-media-types-are-courtiers-to-power/
Guardian journalist Glenn Greenwald yesterday clashed with “Meet the Press” host David Gregory, who’d asked Greenwald the following question: “To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?”
The elbow that came right back at Gregory was sharpened by the contempt that Greenwald harbors toward the media types that live and work around here. “I think it’s pretty extraordinary,” Greenwald said to Gregory, “that anybody who would call themselves a journalist would publicly muse about whether or not other journalists should be charged with felonies.”
When asked by the Erik Wemple Blog for his thoughts on how the rest of the media has greeted his stuff, Greenwald responded:
“Media reaction to our scoops has been mixed. Many journalists have taken them very seriously, been quite supportive of the reporting I’ve been doing, and have with particular vigor defended our free press rights to report this.
“But it is true that the Guardian generally, and me in particular, are outsiders, not members of the Beltway establishment media clique. I’ve purposely made myself an outsider by very aggressively and harshly criticizing not just the culture itself but the most prominent members of it, including David Gregory and Andrew Ross Sorkin, who this morning suggested on CNBC that I be arrested.*
“Some of what is driving this hostility from some media figures is personal bitterness. Some of it is resentment over my having been able to break these big stories not despite, but because of, my deliberate breaching of the conventions that rule their world.
“But most of it is what I have long criticized them for most: they are far more servants to political power than adversarial watchdogs over it, and what provokes their rage most is not corruption on the part of those in power (they don’t care about that) but rather those who expose that corruption, especially when the ones bringing transparency are outside of, even hostile to, their incestuous media circles.”
“They’re just courtiers doing what courtiers have always done: defending the royal court and attacking anyone who challenges or dissents from it. That’s how they maintain their status and access within it. That’s what courtiers to power, by definition, do.
“So yes, some establishment journalists have been hostile to our reporting, usually by ignoring the substance in favor of personalized attacks (is Snowden a narcissist? Am I engaged in “advocacy journalism”?). But truly: if I weren’t upsetting the David Gregorys and Andrew Ross Sorkins of the world, I’d be very alarmed, as it would be proof that I wasn’t engaging in meaningful adversarial journalism against their political and financial masters.”
nick,
I wrote:
“One of the things that I find interesting about the Snowden case is how some members of the MSM have gone after Glenn Greenwald who broke the Snowden story in The Guardian”
Please note that I said “some members of the MSM…” Some members of the MSM also went after investigative journalist Michael Hastings–who was killed recently in an auto accident–after his story on Gen. Stanley A. McChrystal was piblished in Rolling Stone magazine.
Gregory is a tool for most of the folks in power–not just the current president.
Gregory is a tool and a fool
Nick,
You got one friend here…. Lol… Count your blessings…. But, watch yourself… It can turn in seconds… I’m surprised you haven’t been labeled a mysogynist yet… Soon…
SWM, No..I think he just went from the “double down” for the supreme leader to the “hoping to maintain integrity” crowd. I love watching the rats scramble.
raff, They were certainly slow on the Boston Bomber. I’ve lost count, have the number of plots dismantled by this NSA project hit triple digits yet?It started @ one, but had hit 50 in matter of days.
All of these threats against Snowden by the gov’t is driving him right into the hands of the “enemies” of the US. If he is presently in Russia and the US is threatening to put him away for life, it makes it a pretty good incentive for him to say “screw you guys” and stay in Russia and sing like a canary.
nick, Well, Sorkin just apologized to Greenwald.. Do you think Obama called and told him to? 😉
AY, As far as I know it was only Howdy Doody, in that clip posted, that suggested Greenwald should be prosecuted for aiding and abetting. And, Greenwald shoved it up Howdy’s prissy ass. Greenwald is considered a hero in virtually all circles from what I can tell. Of course, there’s the jealousy thing of Greenwald getting so much attention, but that’s just seven deadly sins stuff.
http://www.law.cornell.edu/uscode/text/5/552a
5 USC § 552a – Records maintained on individuals
(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.
http://dpclo.defense.gov/privacy/SORNs/component/nsa/index.html
Do you see an acknowledged NSA system of records that looks like it is holding citizen emails and phone records?
Elaine and AP,
I think the comments are being delayed by the NSA because they are slow readers! 🙂
SWM, Andrew Ross Sorkin is another Obama butt boy. This genre are either keeping quiet hoping to maintain some integrity, or doubling down. Now, I still don’t know what to make of Snowden. I’m certainly not ready to genuflect, although I can’t think of anyone for whom I would genuflect. But, I would much rather all these efforts at extradiction be focused on Roman Polanski than Edward Snowden.
ap/Elaine,
They are still working on the filters apparently. I’ve seen a new filter error popping up more frequently over the last week or so that says something along the lines of “Askimet is having a problem with X comments. They will be placed in moderation for XX minutes until the problem is resolved.”
Just FYI.
The FBI says Hastings wasn;t under investigation. He said he thought he was and contacted a lawyer. That comes down to a he said she said. Given the proclivities of the FBI it would not be surprising if they were doing something but it is a rush to judgment to say Hastings was under investigation. Just a thought.
(I think I have written about this before but the powerful get away with crme even when their power is not at the same level.
Peter J Jannetta committed perjury in a medical malpractice case. Said in A in 2 depositions and then B on the stand. On appeal the Pa. Superior court called his testimony perjurious.
What was the outcome, after being forced into a settlement I said I did not want? He was named Sec’t of Health nominee by Gov, Ridge. Despite my letters to all 50 senators and Gov. Ridge telling them of the perjury he was, I believe unanimously, confirmed for the job (Peter J Jannetta, 1995-1996)
Power corrupts, etc.
Yes, Nivk I would say the press has gone after greenwald…. One suggested that he be tried under the aiding an enemy statute….. That’s pretty clear to me….
Elaine, I would hardly say “The press” has gone after Greenwald. He has gotten kudos in most circles. Don’t you realize Howdy Doody of MTP is Obama’s errand boy. Geeez! He was just doing what he was told to do.
http://www.newyorker.com/online/blogs/johncassidy/2013/06/demonizing-edward-snowden-which-side-are-you-on.html?currentPage=all
Thanks, Elaine M.
ap,
A couple of my comments on this thread spent some time in Limbo before being posted. I’ve had that problem a few times recently.
My comment is “awaiting moderation.” One link. None of the forbidden words…