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. Democratic establishment unmasked: prime defenders of NSA bulk spying

    by Glenn Greenwald, Thursday 25 July 2013

    NYT: “The Obama administration made common cause with the House Republican leadership”

    Excerpt:

    “…as soon as the House vote was over, Rep. Rush Holt, a long-time Democratic member of the House Intelligence Committee, introduced “The Surveillance State Repeal Act” that would repeal the legislative foundation for this massive spying, including the once-and-now-again-controversial Patriot Act, which the Obama administration in 2011 successfully had renewed without a single reform (after Democrat Harry Reid accused opponents of its reform-free renewal of endangering the Nation to The Terrorists).

    To say that there is a major sea change underway – not just in terms of surveillance policy but broader issues of secrecy, trust in national security institutions, and civil liberties – is to state the obvious. But perhaps the most significant and enduring change will be the erosion of the trite, tired prism of partisan simplicity through which American politics has been understood over the last decade. What one sees in this debate is not Democrat v. Republican or left v. right. One sees authoritarianism v. individualism, fealty to The National Security State v. a belief in the need to constrain and check it, insider Washington loyalty v. outsider independence.

    That’s why the only defenders of the NSA at this point are the decaying establishment leadership of both political parties whose allegiance is to the sprawling permanent power faction in Washington and the private industry that owns and controls it. They’re aligned against long-time liberals, the new breed of small government conservatives, the ACLU and other civil liberties groups, many of their own members, and increasingly the American people, who have grown tired of, and immune to, the relentless fear-mongering.

    The sooner the myth of “intractable partisan warfare” is dispelled, the better. The establishment leadership of the two parties collaborate on far more than they fight. That is a basic truth that needs to be understood. As John Boehner joined with Nancy Peolsi, as Eric Cantor whipped support for the Obama White House, as Michele Bachmann and Peter King stood with Steny Hoyer to attack NSA critics as Terrorist-Lovers, yesterday was a significant step toward accomplishing that.

    ===========

    Again:

    “What one sees in this debate is not Democrat v. Republican or left v. right. One sees authoritarianism v. individualism, fealty to The National Security State v. a belief in the need to constrain and check it, insider Washington loyalty v. outsider independence.” -Glenn Greenwald

  2. Party affiliation Gene…. Like the good ole German Nationalist Socialist Party…..

  3. observer, I agree. A lawsuit is a great idea and there are already several in the works covering a broad coalition of right and left–example Unitarian church and a gun group.

    Lawsuits are expensive so perhaps you would be willing to donate to eff.org?

  4. Well,
    At “least” 205 House Members support and defend our Fourth Amendment.

  5. first step is for everyone to stop donating money to political groups and politicians

  6. —- AYES 205 —

    Amash
    Amodei
    Bachus
    Barton
    Bass
    Becerra
    Bentivolio
    Bishop (UT)
    Black
    Blackburn
    Blumenauer
    Bonamici
    Brady (PA)
    Braley (IA)
    Bridenstine
    Broun (GA)
    Buchanan
    Burgess
    Capps
    Capuano
    Cárdenas
    Carson (IN)
    Cartwright
    Cassidy
    Chabot
    Chaffetz
    Chu
    Cicilline
    Clarke
    Clay
    Cleaver
    Clyburn
    Coffman
    Cohen
    Connolly
    Conyers
    Courtney
    Cramer
    Crowley
    Cummings
    Daines
    Davis, Danny
    Davis, Rodney
    DeFazio
    DeGette
    DeLauro
    DelBene
    DeSantis
    DesJarlais
    Deutch
    Dingell
    Doggett
    Doyle
    Duffy
    Duncan (SC)
    Duncan (TN)
    Edwards
    Ellison
    Eshoo
    Farenthold
    Farr
    Fattah
    Fincher
    Fitzpatrick
    Fleischmann
    Fleming
    Fudge
    Gabbard
    Garamendi
    Gardner
    Garrett
    Gibson
    Gohmert
    Gosar
    Gowdy
    Graves (GA)
    Grayson
    Green, Gene
    Griffin (AR)
    Griffith (VA)
    Grijalva
    Hahn
    Hall
    Harris
    Hastings (FL)
    Holt
    Honda
    Huelskamp
    Huffman
    Huizenga (MI)
    Hultgren
    Jeffries
    Jenkins
    Johnson (OH)
    Jones
    Jordan
    Keating
    Kildee
    Kingston
    Labrador
    LaMalfa
    Lamborn
    Larson (CT)
    Lee (CA)
    Lewis
    Loebsack
    Lofgren
    Lowenthal
    Lujan Grisham (NM)
    Luján, Ben Ray (NM)
    Lummis
    Lynch
    Maffei
    Maloney, Carolyn
    Marchant
    Massie
    Matsui
    McClintock
    McCollum
    McDermott
    McGovern
    McHenry
    McMorris Rodgers
    Meadows
    Mica
    Michaud
    Miller, Gary
    Miller, George
    Moore
    Moran
    Mullin
    Mulvaney
    Nadler
    Napolitano
    Neal
    Nolan
    Nugent
    O’Rourke
    Owens
    Pascrell
    Pastor (AZ)
    Pearce
    Perlmutter
    Perry
    Petri
    Pingree (ME)
    Pocan
    Poe (TX)
    Polis
    Posey
    Price (GA)
    Radel
    Rahall
    Rangel
    Ribble
    Rice (SC)
    Richmond
    Roe (TN)
    Rohrabacher
    Ross
    Rothfus
    Roybal-Allard
    Rush
    Salmon
    Sánchez, Linda T.
    Sanchez, Loretta
    Sanford
    Sarbanes
    Scalise
    Schiff
    Schrader
    Schweikert
    Scott (VA)
    Sensenbrenner
    Serrano
    Shea-Porter
    Sherman
    Smith (MO)
    Smith (NJ)
    Southerland
    Speier
    Stewart
    Stockman
    Swalwell (CA)
    Takano
    Thompson (MS)
    Thompson (PA)
    Tierney
    Tipton
    Tonko
    Tsongas
    Vela
    Velázquez
    Walz
    Waters
    Watt
    Waxman
    Weber (TX)
    Welch
    Williams
    Wilson (SC)
    Yarmuth
    Yoder
    Yoho
    Young (AK)

    —- NOES 217 —

    Aderholt
    Alexander
    Andrews
    Bachmann
    Barber
    Barr
    Barrow (GA)
    Benishek
    Bera (CA)
    Bilirakis
    Bishop (GA)
    Bishop (NY)
    Boehner
    Bonner
    Boustany
    Brady (TX)
    Brooks (AL)
    Brooks (IN)
    Brown (FL)
    Brownley (CA)
    Bucshon
    Butterfield
    Calvert
    Camp
    Cantor
    Capito
    Carney
    Carter
    Castor (FL)
    Castro (TX)
    Cole
    Collins (GA)
    Collins (NY)
    Conaway
    Cook
    Cooper
    Costa
    Cotton
    Crawford
    Crenshaw
    Cuellar
    Culberson
    Davis (CA)
    Delaney
    Denham
    Dent
    Diaz-Balart
    Duckworth
    Ellmers
    Engel
    Enyart
    Esty
    Flores
    Forbes
    Fortenberry
    Foster
    Foxx
    Frankel (FL)
    Franks (AZ)
    Frelinghuysen
    Gallego
    Garcia
    Gerlach
    Gibbs
    Gingrey (GA)
    Goodlatte
    Granger
    Graves (MO)
    Green, Al
    Grimm
    Guthrie
    Gutiérrez
    Hanabusa
    Hanna
    Harper
    Hartzler
    Hastings (WA)
    Heck (NV)
    Heck (WA)
    Hensarling
    Higgins
    Himes
    Hinojosa
    Holding
    Hoyer
    Hudson
    Hunter
    Hurt
    Israel
    Issa
    Jackson Lee
    Johnson (GA)
    Johnson, E. B.
    Johnson, Sam
    Joyce
    Kaptur
    Kelly (IL)
    Kelly (PA)
    Kennedy
    Kilmer
    Kind
    King (IA)
    King (NY)
    Kinzinger (IL)
    Kirkpatrick
    Kline
    Kuster
    Lance
    Langevin
    Lankford
    Larsen (WA)
    Latham
    Latta
    Levin
    Lipinski
    LoBiondo
    Long
    Lowey
    Lucas
    Luetkemeyer
    Maloney, Sean
    Marino
    Matheson
    McCarthy (CA)
    McCaul
    McIntyre
    McKeon
    McKinley
    McNerney
    Meehan
    Meeks
    Meng
    Messer
    Miller (FL)
    Miller (MI)
    Murphy (FL)
    Murphy (PA)
    Neugebauer
    Noem
    Nunes
    Nunnelee
    Olson
    Palazzo
    Paulsen
    Payne
    Pelosi
    Peters (CA)
    Peters (MI)
    Peterson
    Pittenger
    Pitts
    Pompeo
    Price (NC)
    Quigley
    Reed
    Reichert
    Renacci
    Rigell
    Roby
    Rogers (AL)
    Rogers (KY)
    Rogers (MI)
    Rooney
    Ros-Lehtinen
    Roskam
    Royce
    Ruiz
    Runyan
    Ruppersberger
    Ryan (OH)
    Ryan (WI)
    Schakowsky
    Schneider
    Schwartz
    Scott, Austin
    Scott, David
    Sessions
    Sewell (AL)
    Shimkus
    Shuster
    Simpson
    Sinema
    Sires
    Slaughter
    Smith (NE)
    Smith (TX)
    Smith (WA)
    Stivers
    Stutzman
    Terry
    Thompson (CA)
    Thornberry
    Tiberi
    Titus
    Turner
    Upton
    Valadao
    Van Hollen
    Vargas
    Veasey
    Visclosky
    Wagner
    Walberg
    Walden
    Walorski
    Wasserman Schultz
    Webster (FL)
    Wenstrup
    Westmoreland
    Whitfield
    Wilson (FL)
    Wittman
    Wolf
    Womack
    Woodall
    Young (FL)
    Young (IN)

    —- NOT VOTING 12 —

    Barletta
    Beatty
    Bustos
    Campbell
    Coble
    Herrera Beutler
    Horsford
    McCarthy (NY)
    Negrete McLeod
    Pallone
    Rokita
    Schock

  7. observer,
    When one takes legal action, there are lengthy, complicated and expensive procedural steps. It is not like suing a neighbor over a property line or the guy who rear-ended you at a stop sign. The process you are asking about has to start with legal grounds for even filing, so it will not be thrown out as a frivilous lawsuit. That is what happened to people such at Orly Taitz. Persist in that long and hard enough, and one can end up on the wrong end of fines and even jail time for being a vexatious litigant.

    A court of competent jurisdiction must be found. You don’t just go straight to the Supreme Court as you suggested upthread. Once you find a court, and have time and money, you try to bring people to trial. Members of Congress, the White House and Judges all have immunity from lawsuits, from practically everything except murder. To file criminal charges require that one must find a willing prosecutor. That is a lot harder than one might think. Try getting past the Secret Service to serve the President a summons. Hope you like jail food if you try it, assuming they only arrest you instead of shooting you.

    To put it mildly, the folks we have been discussing have little to fear from either civil or criminal liablity. Obama only has a matter of months left on his last term in office. No one knows who or what will replace him.

    It is not a matter of not wanting to do what you suggest, it is a practical matter of not being able to implement it. Obama may have had the power to do it when he first came into office, but there was no way he could turn his predicessor and his advisers over to the Hague. Had he done so, he knew full well he could be setting a dangerous precident by himself and future Presidents at risk. Himself in particular, because justifiec or not, the Republicans would make sure he was tried for war crimes either before or after he leaves office.

  8. i see you all are talkers here, why would not some of you would get together and take legal action against people who you believe are destroying the constitution?

  9. Blouise,

    Let me know what you think of it. I was so impressed, I’m considering buying it on DVD.

  10. I want to echo the comments above to say welcome back AP!
    Dredd, I believe it is easier to follow the money when corporations are involved. You just have to have the will and the political stones to delve into the morass. Edward Snowden’s employment by a contractor is a beautiful example of where we should start looking.

  11. Smom,

    I guess to some here, party affiliation means diddly compared to performance.

  12. ap,

    I’m glad you’re back at it too.

    ___________

    Blouise,

    As Buddha said, “Strive on with diligence.”

  13. The AOPA link only takes you to the weekly news web page, not the video itself. As of right now it is about the second one down, dated July 11, 2013

  14. “[H]e and Sen. Mark Udall (D-CO) said Americans would be “stunned” to learn how the Executive Branch was interpreting certain provisions of the law to expand its surveillance power…”

    Nope. We’re to busy stuffing our faces with junk food, jerking off to internet porn (of one sort or another) and screaming at the top of our lungs about phony-bologna bullsh*t to notice the rise of fascism. We’re only stunned that Hollywood hasn’t offered us our own reality show, ’cause like, you know, we’re totally cuter than Honey Boo Boo. The republic will be giggling at its own fart bubbles as it slides into the sea.

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