In a previous column, I criticized the work of the White House Task Force on the NSA surveillance program as stacked with Obama loyalists with a majority of surveillance hawks. Later, one of the five members came out to say that the reforms were not significant and that he believes the program should be actually expanded not limited. Now, the only member without prior positions in the Administration and national security ties, University of Chicago Law School Professor Geoffrey Stone, has declared that the NSA is not a rogue agency and that Edward Snowden is a criminal.
I have great respect for Professor Stone as an academic but his comments reaffirmed criticism of the make-up of the panel as selected by the White House to offer “reforms” while protecting the underlying program.
Stone insists that NSA is not “some kind of a rogue agency” and that it should not be required to justify the program on the basis of whether it has thwarted any attack or conspiracy. Rather, like some many in the Obama and Bush Administration, Stone measured the program against the most extreme possible attack to argue that it is ipso facto necessary: “It is a mistake to ask, at least arguably a mistake to ask if any particular program . . . thwarted terrorist attacks, because we are not dealing with little things. It is possible that we are talking about a nuclear, a chemical, biological attack where tens of thousands of people’s lives could be at risk. If you thwart one every 20 years, you are doing pretty good. So the fact that hasn’t happened does not prove the program was worthless.” Well that would be an argument that would allow virtually any program with sweeping warrantless searches.
He reserved his harshest words for Snowden, dismissing the “positive consequences” of his disclosure while noting that he is still a criminal. Stone insisted
“we have a very strong legal principle in our system, that you don’t get to commit a crime because you have a good justification for doing so. . . .
Therefore, any kind of a notion that someone is not a criminal when they do this opens the door to other people saying, ‘Well, gee, I can do this and be a hero and I won’t even go to jail for it.’ I think you just don’t want that. . . . Basically, my view is I think Snowden is a criminal.”
What is missing is the fact that most whistleblowers released confidential or classified information. The government routinely classifies embarrassing or abusive programs to prevent the public from seeing the information. By Stone’s measure, historical figures like Daniel Ellsberg would be a simple criminal. The whole concept of a whistleblower is that they release information that would not have been made public. The Pentagon Papers are virtually indistinguishable on that basis from Snowden’s disclosures. Moreover, you have a federal judge who has declared the underlying program unconstitutional — even though Stone and his task force colleagues accepted the program as demonstrably legal. Also, as noted in the previous column,, this ignores the Administration refusing to investigate let alone prosecute Clapper for perjury, CIA officials for torture, or intelligence officials for admitted destruction of evidence on torture. It is simply all part of America’s Animal Farm. Finally, you have the White House and the Congress admitting abuses disclosed by Snowden and promising reforms. This is why I recently wrote a column on the relatively strong basis for a pardon for Snowden.
Stone’s comments shows the continued refusal of Administration allies to acknowledge that the standard applied to Snowden would have led to the incarceration of celebrated figures like Ellsberg and others who helped end abuses in history.
enough
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When we were informed of the venality of US Attorney Colm Connolly and reported it to the Public Corruption Task Force in Los Angeles; they provided America with an extraordinary gift.
According to the Los Angeles Times March 2008 story “Shake-up roils federal prosecutors ( http://articles.latimes.com/2008/mar/20/local/me-shakeup20 ) – the task force was Shut Down and career federal prosecutors were threatened to keep their mouths shut.
The reason given by US Attorney (a friend of GWB) for the dismantling of the Public Corruption Task Force; is that there were no public corruption cases to prosecute.
I’m so glad to know our country is free forever more – from fed venality!
Reward the liars and punish the truth tellers. Lying to a clueless Congress? OK. Telling an incurious Congress the truth. Bad. It’s no different than congressional economic policy where they feed the rich and starve the poor. Big, fat government contracts for Halliburtons who do shoddy work, and cut food stamps to hungry families. Government subsidies to tobacco companies and cut unemployment benefits. We live in birarroworld where the lie is told as a truth and the truth is the lie…..
The NSA hasn’t stopped any attacks or they would have mentioned it to justify their existence
Much of what is occurring happens in secret. A secret court—the Foreign Intelligence Surveillance Court (FISC) passes “judgment on whether something is constitutional in secret. They’re creating a secret constitution. It’s a secret government.” -Bill Binney
Interview with NSA Whistleblower Bill Binney: Afraid We’re Spreading Secret Government Around World
By: Kevin Gosztola Friday December 27, 2013 3:05 pm
http://dissenter.firedoglake.com/2013/12/27/interview-with-nsa-whistleblower-bill-binney-afraid-were-spreading-secret-government-around-world/
Excerpts:
The FBI, Drug Enforcement Agency, and law enforcement, along with the NSA, are collecting information on Americans and then using that information to arrest people. “Parallel construction” is then used to “fabricate evidence” that is substituted with evidence that is subsequently collected legally and through mechanisms that have traditionally been an accepted part of criminal investigations.
In former senior NSA employee and whistleblower William Binney’s view, this is the “real problem.” It is occurring without a warrant and they can bring this information into court. He calls it the “planned program perjury policy right out of the Department of Justice.”
“They’re lying to the courts,” Binney explains. The government knows that they are lying when they say here is the evidence used to arrest these people. The information is also being shared with “foreign counterparts.” They’re telling “foreign counterparts” this is the evidence used to arrest people but the “counterparts” do not get to see the data because it is from NSA collection.
Essentially, this is the United States subverting not only its own justice system but justice systems around
….
Binney connected the power the information gives to the government to the indefinite detention provision in the National Defense Authorization Act passed in 2012 and signed by President Barack Obama. It gave the government the power to “declare someone a terrorist threat and have the military take them off the street and incarcerate them and keep them indefinitely. That was Special Order 48 issued by the Nazis right after the Reichstag fire in 1933.”
He soberly recalled how this order had been used to get rid of political enemies and put individuals into concentration camps. Of course, this is not happening now. However, the KGB used this tactic to put people in gulags or institutions.
Much of what is occurring happens in secret. A secret court—the Foreign Intelligence Surveillance Court (FISC) passes “judgment on whether something is constitutional in secret. They’re creating a secret constitution. It’s a secret government.”
“This is what I have been afraid for our country and everybody in the world because this is spreading. It’s not just here now. We’re spreading this kind of procedure around the world. I mean, and we have to start speaking up or we’re going to lose our democracy.”
Finally, in his opinion, data on US citizens needs to stop being collected indiscriminately. How law enforcement uses this data needs to be addressed.
“They’re all talking about NSA analysts and to me that’s not the real threat. The real threat comes from those other people, who can come at you with guns and put you in a prison and take you off without due process.”
End of excerpts