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"Treason is a wartime offense and involves aiding an enemy, not disclosing government wrongdoing." C. Pyle
6/25/2013, "AMERICA’S ANIMAL FARM: SNOWDEN AND THE SQUEALER," JonathanTurley.org
"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 [Obama] 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"
..........................
Added:
January 8, 2014, "James Woolsey Versus Edward Snowden
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