Who are the real criminals in NSA case?
Whistle-blower Edward Snowden was simply doing what the government said: "If you see something, say something"
By David SirotaTopics: Edward Snowden, NSA, Whistleblower, NSA whistleblower, criminal, fourth amendment, U.S. Constitution, Editor's Picks, Matt Taibbi, Glenn Greenwald, Politics News
Permanent Washington’s reactions to the Guardian’s ongoing revelations about the Obama administration’s unprecedented mass surveillance system have been at once boringly predictable and incredibly revealing. They are so revealing, in fact, that we are left with a troubling question that a civilized society should never even have to ask: Namely, who are the true criminals — those who violate the law, or those, like 29-year-old Edward Snowden, who blow the whistle on the violations?
Before getting to that monumental query, let’s first review officialdom’s reactions to the NSA story that are leading to it.
There was the claim by Obama officials that the NSA spying system has made us safer by thwarting the New York subway bombing plot. Such a talking point is designed to halt the conversation about civil liberties entirely by insisting that any action that makes us safer is laudable, even if it runs roughshod over the Fourth Amendment. In addition to the argument’s generally questionable logic, though, the problem for the White House was that the specific claims were thoroughly debunked by news organizations and Intelligence Committee member Sen. Mark Udall, D-Colo., within a few days.
There has also been the attempt to marginalize the messengers — and thus marginalize the message — via the cheap smear. We’ve seen this a lot lately, most grotesquely, as Rolling Stone’s Matt Taibbi points out, in the chumpbait that has defined the coverage of Bradley Manning. In the NSA spying case, it’s much the same thing.
For instance, there were the declarations by one of the most prominent Obama officials-turned-corporate-mouthpieces, Tommy Vietor. Using the same xenophobic tactic that famously saw John Kerry derided as French, the president’s former National Security spokesman derided the Guardian America as a “foreign” organization (which, by the way, it isn’t). There was also a horrifying report from the Atlantic’s Steve Clemons of intelligence officials reportedly discussing the idea of “disappearing” Guardian reporter Glenn Greenwald and his source as retribution for the disclosures.
Meanwhile, the New York Times issued a damning-with-faint-praise profile of Greenwald. As Yves Smith notes, the Times loaded it up with vapid ad hominem rhetoric from Greenwald’s ideological opponents — and, as important, made sure to focus far more on scrutinizing the journalist than on either evaluating the implications of the news he broke, or even whether the NSA program ever should have been secret in the first place. No doubt, the Guardian’s source, Snowden, will be treated in much the same way.
Finally, and most illustrative of all, there was also the attempt to shift the focus of outrage away from the potentially major crimes against the Constitution’s Fourth Amendment and to channel the outrage instead at the affront to the Obama administration’s political interests.
We’ve seen, for example, news from the New York Times that the NSA whistle-blowing is ”expected to attract an investigation from the Justice Department.” Reuters followed that up with a report that “a U.S. intelligence agency formally requested a criminal probe (of) the leak.” Vietor chimed in by declaring his shock that “people aren’t more concerned about the systematic leaking of Top Secret U.S. national security information.” Government contractor Booz Allen Hamilton, which employed Snowden, said the disclosure is “a grave violation of the code of conduct and core values of our firm.” And, of course, President Obama’s Director of National Intelligence James Clapper issued the obligatory tough-talking statement calling the revelations “reprehensible.”
Here is where the entire definition of crime starts becoming blurry.
Notice that, according to the Times and Reuters, the Justice Department and the unnamed national security agency are pursuing an investigation into the whistle-blowing but not into the potential crimes against the Constitution. Same thing for Booz Allen Hamilton: The company declared that the “grave violation” of its “core values” is the disclosure of the potentially unconstitutional mass surveillance, not the mass surveillance itself. Same thing for Clapper; what’s “reprehensible” to him is the disclosure, not the NSA’s potential crimes. Notice, too, that neither Clapper nor Justice officials are calling for an investigation into Clapper committing one of recent history’s most explicit acts of perjury when answering congressional questions about surveillance (and yes, perjury before Congress is a criminal act).
In other words, the only acts being discussed in a criminal context are those that expose the Obama administration’s possible crimes, not the administration’s possible crimes themselves. In this distorted worldview, Edward Snowden’s decision to expose the NSA’s potentially unconstitutional behavior is somehow presented as a bigger crime than the NSA’s behavior itself.
In forwarding such a skewed criminal justice ideology, the Obama administration is, first and foremost, violating its pledge to voters. After all, in 2008, Obama ran for president promising to respect whistle-blowers. Back then, he declared that “often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out.” He added that “such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled.”
But there’s more than just hypocrisy at work here. To construct such an Orwellian definition of crime — one in which crime-exposers are depicted as the most dangerous criminals — the administration and Permanent Washington are employing a marvelously deceptive double standard about information itself. Whether it is the WikiLeaks cables, disclosures about unlawful torture or the recent NSA revelations, those who reveal facts that are inconvenient to the national security establishment are now portrayed as criminal “leakers” requiring prosecution. Yet, whether publicly promoting its cyber-warfare operations, selectively disclosing skewed (and factually inaccurate) information about torture to sympathetic filmmakers, or providing top-secret “kill list” information to help the New York Times publish election year hagiography, the same national security establishment is regularly disclosing classified information that serve its political and ideological interests.
For those of us who believe information should be as free as possible in a democratic society, the latter kind of disclosures aren’t necessarily objectionable unto themselves because even if they are politically skewed, they at least offer a bit more governmental transparency. What’s objectionable is the double standard whereby we hear calls to prosecute politically inconvenient whistle-blowers like Manning, John Kiriakou and Snowden, but don’t hear the same kind of superheated rhetoric aimed at, say, those like Leon Panetta or any of the officials quoted in the Times “kill list” story. It is objectionable because it suggests that the Obama administration isn’t respecting the fundamental American notion of equal protection under the law; it is instead applying different standards to its political enemies and its political friends.
“The reality is the Obama administration has either authorized or acquiesced to the leak of information that is deemed politically beneficial, while relentlessly investigating and prosecuting those who reveal information that reflects poorly on his administration and the U.S. government,” says American University professor Jeff Bachman.
To see this double standard in action, go back to Vietor’s statements about the NSA snooping. Because that disclosure embarrasses his old boss, he derides “the systematic leaking of Top Secret U.S. national security information.” Yet, while he was the White House’s national security spokesman, he was part of the administration’s communications apparatus that orchestrated the systematic leaking of top-secret U.S. national security information to the New York Times to help that paper publish its “kill list” encomium about Obama the War President. He was also in the government when the administration was leaking information to the director of “Zero Dark Thirty.”
Where’s Vietor’s worry about those latter leaks, you ask? It’s nowhere, because the new definition of crime and wrongdoing has less to do with a dispassionate analysis of the Constitution than it does with a political vendetta against ideological opponents.
In his writeup of the Manning trial, Taibbi sums up what is really at stake in the reaction to all of these information disclosures.
“If you can be punished for making public a crime, then the government doing the punishing is itself criminal,” he writes. “Who’s the right kind of person to be let in the know about the fact that we systematically turned academics and other ‘suspects’ over to the Iraqi military to be tortured? We want people who will, what, sit on this stuff? Apparently the idea is to hire the kind of person who will cheerfully help us keep this sort of thing hidden from ourselves.”
The same can be asked about the NSA surveillance revelations. Do we really want to criminalize public officials who expose possible violations of the Fourth Amendment? Do we really want those public officials to witness such crimes and say nothing? Doesn’t that make them complicit in crimes that are far bigger than the alleged crime of blowing the whistle?
The answers are, of course, obvious; after all, our own government tells us that “if you see something, say something.” Doesn’t that principle apply to those like Snowden and others when they believe they’re witnessing crimes against the Constitution?
David Sirota is a nationally syndicated newspaper columnist, magazine journalist and the best-selling author of the books "Hostile Takeover," "The Uprising" and "Back to Our Future." E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
You Might Also Like
More Related Stories
-
"Whistle-blower" now means "homegrown terrorist"
-
LeVar Burton explains how not to be killed by police
-
Meet the Wendy Davis truthers
-
Why is "sensible" Jeb Bush fundraising for nutty Paul LePage?
-
Watch Bill O'Reilly freak out over the gay marriage rulings
-
13 facts about tax-dodging corporations that will blow your mind
-
How epic GOP bumbling could inadvertently save food stamps
-
Christian leaders have always been misogynists
-
Federal judge approves challenge to Michigan ban on gay marriage
-
Five states see new antiabortion laws go into effect
-
Romney voted against presidential run in family poll
-
David Petraeus can’t lose (unless he goes to jail)!
-
DHS will begin reviewing visas for binational same-sex couples
-
Egyptian protestors gather before military deadline
-
Where are the young Democrats?
-
Will Fox News change with America?
-
Economic inequality was created
-
Justices Antonin Scalia and Elena Kagan hunt together
-
Edward Snowden has nowhere to go
-
Stop comparing Wendy Davis to the Khaleesi!
-
Six amazing signs from the "Stand with Texas Women" rally
Featured Slide Shows
7 motorist-friendly camping sites
close X- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 9
- Previous
- Next
Sponsored Post
-
White River National Forest via Lower Crystal Lake, Colorado For those OK with the mainstream, White River Forest welcomes more than 10 million visitors a year, making it the most-visited recreation forest in the nation. But don’t hate it for being beautiful; it’s got substance, too. The forest boasts 8 wilderness areas, 2,500 miles of trail, 1,900 miles of winding service system roads, and 12 ski resorts (should your snow shredders fit the trunk space). If ice isn’t your thing: take the tire-friendly Flat Tops Trail Scenic Byway — 82 miles connecting the towns of Meeker and Yampa, half of which is unpaved for you road rebels. fs.usda.gov/whiteriveryou
Image credit: Getty
-
Chattahoochee-Oconee National Forest via Noontootla Creek, GeorgiaBoasting 10 wildernesses, 430 miles of trail and 1,367 miles of trout-filled stream, this Georgia forest is hailed as a camper’s paradise. Try driving the Ridge and Valley Scenic Byway, which saw Civil War battles fought. If the tall peaks make your engine tremble, opt for the relatively flat Oconee National Forest, which offers smaller hills and an easy trail to the ghost town of Scull Shoals. Scaredy-cats can opt for John’s Mountain Overlook, which leads to twin waterfalls for the sensitive sightseer in you. fs.usda.gov/conf
Image credit: flickr/chattoconeenf
-
Nordhouse Dunes Wilderness Area via Green Road, Michigan The only national forest in Lower Michigan, the Huron-Mainstee spans nearly 1 million acres of public land. Outside the requisite lush habitat for fish and wildlife on display, the Nordhouse Dunes Wilderness Area is among the biggest hooks for visitors: offering beach camping with shores pounded by big, cerulean surf. Splash in some rum and you just might think you were in the Caribbean. fs.usda.gov/hmnf
Image credit: umich.edu
-
Canaan Mountain via Backcountry Canaan Loop Road, West Virginia A favorite hailed by outdoorsman and author Johnny Molloy as some of the best high-country car camping sites anywhere in the country, you don’t have to go far to get away. Travel 20 miles west of Dolly Sods (among the busiest in the East) to find the Canaan Backcountry (for more quiet and peace). Those willing to leave the car for a bit and foot it would be remiss to neglect day-hiking the White Rim Rocks, Table Rock Overlook, or the rim at Blackwater River Gorge. fs.usda.gov/mnf
Image credit: Getty
-
Mt. Rogers NRA via Hurricane Creek Road, North CarolinaMost know it as the highest country they’ll see from North Carolina to New Hampshire. What they may not know? Car campers can get the same grand experience for less hassle. Drop the 50-pound backpacks and take the highway to the high country by stopping anywhere on the twisting (hence the name) Hurricane Road for access to a 15-mile loop that boasts the best of the grassy balds. It’s the road less travelled, and the high one, at that. fs.usda.gov/gwj
Image credit: wikipedia.org
-
Long Key State Park via the Overseas Highway, Florida Hiking can get old; sometimes you’d rather paddle. For a weekend getaway of the coastal variety and quieter version of the Florida Keys that’s no less luxe, stick your head in the sand (and ocean, if snorkeling’s your thing) at any of Long Key’s 60 sites. Canoes and kayaks are aplenty, as are the hot showers and electric power source amenities. Think of it as the getaway from the typical getaway. floridastateparks.org/longkey/default.cfm
Image credit: floridastateparks.org
-
Grand Canyon National Park via Crazy Jug Point, Arizona You didn’t think we’d neglect one of the world’s most famous national parks, did you? Nor would we dare lead you astray with one of the busiest parts of the park. With the Colorado River still within view of this cliff-edge site, Crazy Jug is a carside camper’s refuge from the troops of tourists. Find easy access to the Bill Hall Trail less than a mile from camp, and descend to get a peek at the volcanic Mt. Trumbull. (Fear not: It’s about as active as your typical lazy Sunday in front of the tube, if not more peaceful.) fs.usda.gov/kaibab
Image credit: flickr/Irish Typepad
-
As the go-to (weekend) getaway car for fiscally conscious field trips with friends, the 2013 MINI Convertible is your campground racer of choice, allowing you and up to three of your co-pilots to take in all the beauty of nature high and low. And with a fuel efficiency that won’t leave you in the latter, you won’t have to worry about being left stranded (or awkwardly asking to go halfsies on gas expenses).
Image credit: miniusa.com
-
Recent Slide Shows
-
7 motorist-friendly camping sites
-
Gripping photos: The people of the Turkey protests (slideshow)
-
The week in 10 pics
-
Photos: Turmoil and tear gas in Instanbul's Gezi Park - Slideshow
-
- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 9
- Previous
- Next
-
The week in 10 pics
-
10 summer food festivals worth the pit stop
-
The week in 10 pics
-
The week in 10 pics
-
9 amazing drive-in movie theaters still standing
-
The week in 10 pics
-
The week in 10 pics
-
The week in 10 pics
-
The week in 10 pics
-
The week in 10 pics
-
The week in 10 pics
-
Netflix's April Fools' Day categories
-
The week in 10 pics
-
The week in 10 pics
-
The week in 10 pics
Related Videos
Most Read
-
We must hate our children Joan Walsh
-
NSA reportedly has secret data collection agreement with several European countries Prachi Gupta
-
The best of Tumblr porn Tracy Clark-Flory
-
James Clapper is still lying to America David Sirota
-
Thanks for nothing, college! Tim Donovan
-
Before Edward Snowden: "Sexual deviates" and the NSA Rick Anderson
-
You are how you sneeze Ryan O'Hanlon, Pacific Standard
-
SCOTUS: No right to remain silent unless you speak up Christopher Zara, International Business Times
-
The smearing of Rachel Jeantel Mary Elizabeth Williams
-
Texas Senate meets, promptly votes to recess until July 9 Katie Mcdonough









Comments
165 Comments