Snowden Is A Whistleblower . . . Just Not In The United States

228px-Picture_of_Edward_Snowden220px-Pea_WhistleThese are certain things that you will not easily find in U.S. media like Jimmy Carter declaring that we no longer have a functioning democracy in this country. Another is reading about Snowden as a whistleblower. The White House has been highly successful in telling media not to refer to Snowden as a whistleblower and enlisting various media allies to attack him as a clown and a traitor or mocking his fear of returning home. This week you had to read Moscow Times or other foreign sites (or a link on Reddit) to learn that Snowden has won this year’s Whistleblower Award established by German human rights organizations.

The award handed down by the Association of German Scientists (VDW) and the German branch of the International Association of Lawyers Against Nuclear Arms (IALANA) comes with a small financial reward that will be given to Snowden’s legal representatives. Such awards will bolster his claim for asylum.

While there is no evidence thus far of any motivation by Snowden except his desire to reveal an unconstitutional program, the media has largely complied with a demand of the White House that he not be called a whistleblower as Obama officials and members of Congress denounce him. The problem is that many Americans and foreigners view him as a whistleblower and some as a hero. Likewise, the effort to get Americans to embrace a new surveillance-friendly model of privacy has largely failed though most average Americans feel helpless in a system with a locked monopoly of power by two parties.

As I have noted before, it brings to mind the successful effort to convince media to call waterboarding “enhanced interrogation” in the media rather than “torture” as it has long been defined by courts. Snowden is a whistleblower in my mind. It is true that the Administration can argue that these programs were lawful to the Supreme Court’s precedent stripping pen registers of full constitutional protection in Smith v. Maryland, 442 U.S. 735 (1979). Many of us disagree with that ruling, but this is a new application of the precedent. While the government has long sought the information for individuals, the Administration is essentially issuing a national security letter against the entire population. Moreover, it does appear that violations have occurred in these programs.

Putting aside the legality issue, whistleblowers are defined more probably by public interest organizations. For example, The Government Accountability Project, a leading nonprofit handling whistleblowers, defines the term as “an employee who discloses information that s/he reasonably believes is evidence of illegality, gross waste or fraud, mismanagement, abuse of power, general wrongdoing, or a substantial and specific danger to public health and safety. Typically, whistleblowers speak out to parties that can influence and rectify the situation. These parties include the media, organizational managers, hotlines, or Congressional members/staff, to name a few.”

Snowden clearly fits that more common definition of whistleblower, even if the government contests the application of statutory protections. Many can legitimately question Snowden’s chosen means for objecting to this program. However, the hostile and dismissive treatment by the establishment reflects an obvious fear of the implications of this scandal. We saw the same full court press in defining Julien Assange in a way that avoids calling him a journalist or a whistleblower. He is just an Assange. Well Snowden is just a Snowden in the view of U.S. media . . . until he can be called a prisoner.

140 thoughts on “Snowden Is A Whistleblower . . . Just Not In The United States”

  1. Earlier this evening I checked the Aircraft Owners and Pilot’s Associaition web site to see if there is any new development on the story I posted on June 9. The AOPA sent in an FOIA request to the CBP to find out exactly what their rules were, and why they were targeting individuals in places like Iowa City, Iowa who had never been out of the country. They got a reply. Actually it was a non-reply. The Border Patrol told the AOPA in so many words it was a law enforcement matter and that the FOIA request was being ignored. Sort of like, “We know what is best, so be good little sheeple and keep your nose out of it.” Weekly news video from the AOPA. It is the first segment, and includes an interview with their attorney.

    http://www.aopa.org/AOPA-Live/AOPA-Live-This-Week.aspx?watch=#ooid=UyM3I3ZDoUzQrkcgZQ5CRpk0gwPc_yvS

  2. ap,

    I was devastated by the vote … perhaps I’ll feel differently tomorrow but right now I just can’t talk about it.

    Good health were code words for good fight … I worry about “disappeared”, if you know what I mean, and how would I ever know.

    The little bottles are cute … reminds me of the old days when I’d pull one out of a cooler full of melting ice.

    Onward!

  3. Happened to see the following in the list of videos after the Hayden clip and was reminded of what brought me here, years ago:

    http://youtu.be/5eeitEnV1yg

    Warrantless, physical searches of homes (an attorney’s home, in the clip) are absolutely taking place.

  4. Blouise and Mike S.,

    Thanks for your respective nods. Busy fightin’ the good fight, as it’s said. No significant health problems, yet, fortunately. I might trade them for this other mess that I’m in, but we don’t get to make those choices, do we?

    Blouise, I, too, had a Coke today — a little 8 oz bottle, give or take… (It was great!) A toast to you from afar. Thanks again.

    I hope that those of us who are older live long enough to see things come around in this country. As Gene, rafflaw and others have said, we need to get rid of the Patriot Act, DHS, and rein in the NSA, CIA, government contractors, and others.

    Michael Hayden’s gone, but his understanding of the 4th Amendment apparently remains intact.

    http://youtu.be/cGhcECnWRGM

    “Well, maybe they have a different Constitution over there at the NSA.” -Keith Olbermann

    Apparently, they do.

  5. Well I guess Speaker Boehner, Pelosi’s replacement, and the republican house leadership are preferable to some here. By the way they all voted no. .Pelosi is wrong on this but good on a variety of other issues. Boehner and Cantor are on the wrong side of just about everything..

  6. Yeah.

    Let’s hear about how &*(%ing great Nancy “Impeachment Is Off The Table” Pelosi is now! I told you she was part of the problem and not the solution but noooooooooooo! (to be read in the voice of the late John Belushi)

  7. http://www.huffingtonpost.com/2013/07/24/justin-amash-amendment_n_3647893.html

    Excerpt:

    Although Amash’s amendment was defeated, civil liberties advocates found something to cheer in the closeness of the vote. Just two years ago, the House voted by a comfortable 250-153 margin to reauthorize the Patriot Act, which the administration uses to justify its phone metadata collection. On Wednesday, by contrast, a swing of just seven votes would have put Amash’s amendment over the top.

    Back then, said Conyers, “we didn’t know about it.”

    Conyers also noted that this time, on the Democratic side, members up to and including House Minority Leader Nancy Pelosi (D-Calif.) pressured members to vote against the Amash amendment.

    In 2005, Pelosi was stridently opposed to the section of the Patriot Act under debate now. She called the provisions being reauthorized a “massive invasion of privacy.” But on Wednesday, she voted against reining in the Patriot Act.

    A sign of how dimly the Democratic leadership viewed Amash’s amendment could be seen in an email from the office of House Minority Whip Steny Hoyer (D-Md.). The email described the sweeping NSA program approvingly as merely collecting phone records “that pertain to persons who may be in communication with terrorist groups but are not already subject to an investigation.”

    Conyers said the lobbying “was heavy. They were very worried about it.”

    But, he added, “the fact that they won this narrowly means they still are worried — because this thing isn’t over yet. This is just the beginning.”

    ——-

    (Debbie Wasserman Schultz also voted against the amendment.)

  8. David Segal, executive director of Demand Progress — which helped organize a coalition of dozens of groups to take to activism in support of the Amash anti-surveillance amendment this week — issued this statement upon today’s 205-217 vote on that amendment.

    “While ultimately not successful, this vote showed that more than 200 members of Congress — including the author of the Patriot Act — oppose these programs. These programs barely survived after a full court lobbying campaign by the White House, the Intelligence community, and the NSA proper.

    And it couldn’t be more clear why these institutions acted so desperately: If Amash supporters had shifted but seven votes, we’d have won the day.

    Today’s vote shows that the tide is turning, that the American people, when they are aware of these programs, overwhelmingly reject them, and the expiration date on these programs is coming due.”
    (guardian)

    1. I actually think this is good news. I never would have believed in the closeness of the vote. With the media spewing propaganda and defaming Snowden, many more people and legislators get it than I ever would have suspected. This is a sign of opportunity that we all should take. Find out which way your Congreesman voted and call their office tommorrow. Praise them if they voted for it and berate them if their vote was negative. Let them hear from the people. Their aides will keep score.

  9. Bad news, but I too am impressed by the narrow margin.

    That’s narrow enough to make traditional citizen based efforts to pressure Congress possible, bypassing the lobby/graft mechanisms.

    The Patriot Act has got to go, the DHS needs to be dismantled, and the NSA put back on their leash.

  10. David Segal, executive director of Demand Progress — which helped organize a coalition of dozens of groups to take to activism in support of the Amash anti-surveillance amendment this week — issued this statement upon today’s 205-217 vote on that amendment.

    “While ultimately not successful, this vote showed that more than 200 members of Congress — including the author of the Patriot Act — oppose these programs. These programs barely survived after a full court lobbying campaign by the White House, the Intelligence community, and the NSA proper.

    And it couldn’t be more clear why these institutions acted so desperately: If Amash supporters had shifted but seven votes, we’d have won the day.

    Today’s vote shows that the tide is turning, that the American people, when they are aware of these programs, overwhelmingly reject them, and the expiration date on these programs is coming due.” (guardian)

    can’t get this to post under my own name (Jill)

  11. rafflaw, maybe yes, maybe not. Here’s an interesting take on things:

    David Segal, executive director of Demand Progress — which helped organize a coalition of dozens of groups to take to activism in support of the Amash anti-surveillance amendment this week — issued this statement upon today’s 205-217 vote on that amendment.

    “While ultimately not successful, this vote showed that more than 200 members of Congress — including the author of the Patriot Act — oppose these programs. These programs barely survived after a full court lobbying campaign by the White House, the Intelligence community, and the NSA proper.

    And it couldn’t be more clear why these institutions acted so desperately: If Amash supporters had shifted but seven votes, we’d have won the day.

    Today’s vote shows that the tide is turning, that the American people, when they are aware of these programs, overwhelmingly reject them, and the expiration date on these programs is coming due.”

    (guardian)

  12. “David Segal, executive director of Demand Progress — which helped organize a coalition of dozens of groups to take to activism in support of the Amash anti-surveillance amendment this week — issued this statement upon today’s 205-217 vote on that amendment.

    “While ultimately not successful, this vote showed that more than 200 members of Congress — including the author of the Patriot Act — oppose these programs. These programs barely survived after a full court lobbying campaign by the White House, the Intelligence community, and the NSA proper.

    And it couldn’t be more clear why these institutions acted so desperately: If Amash supporters had shifted but seven votes, we’d have won the day.

    “Today’s vote shows that the tide is turning, that the American people, when they are aware of these programs, overwhelmingly reject them, and the expiration date on these programs is coming due.” (guardian)

  13. So, voters should withdraw support from any Democrat or Republican who voted against the amendment. We have their names and it’s time to take action. They showed us who they are, literally and figuratively, now let us show them who we are!

  14. Michael,

    Holt’s bill would repeal the “Patriot Act”. That would get to the heart of many abuses.

    I am encouraged by the coalition which is forming between right and left wing civil libertarians, both in Congress and in our population at large. It shows more and more people understand what it means to lose the rule of law. People are speaking out and more information is still going to come out.

    That said, we are up against it here. There is another coalition running things and their power is great. They have private armies, a spying apparatus the world has never seen and gobs of money and connections. I never underestimate them.

    As powerful as they are, they must still be opposed, both by Congress members and other citizens. We do have a clear vision of who in Congress is part of the surveillance state because of this vote. Those people should lose all support and I’m hoping voters will not give them time, money or their voice. This is also true of Obama. Time to be honest, clear headed and strong as citizens. If a person doesn’t support the rule of law, they should not get our support-period.

    That’s my opinion, what is yours?

  15. “Rep Rush Holt (D-NJ) introduces “Surveillance State Repeal Act” (glenn)

    I don’t believe any of this would be happening if Snowden had not released the docs/information.

    1. “Rep Rush Holt (D-NJ) introduces “Surveillance State Repeal Act” (glenn)

      I don’t believe any of this would be happening if Snowden had not released the docs/information.

      Bingo! It is absolutely certain it would not be.

      Snowden is certifiably a whistle blower! And apparently some have heard the whistle blow.

      This is certainly better than nothing. Now to get something.

      Only a 12-vote margin to reject a bill to DE-FUND a major NSA program. Amazing coalition of left-wing and right-wing civil libertarians (glenn)

      Jill? What are the next steps? Does this end the effort?

  16. Only a 12-vote margin to reject a bill to DE-FUND a major NSA program. Amazing coalition of left-wing and right-wing civil libertarians (glenn)

    I am encouraged that it was this close of a vote.

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