A Response to Your Petition on Edward Snowden
petitions.whitehouse.gov
petitions.whitehouse.gov
But it's not just that.
The deliberate activities to undermine, weaken, and even ban encryption and the very foundations for secure communications is just plain dirty. It's clear that the thrust of these programs was never the best interest of the public, but furtherance of espionage and surveillance.
But what is absolutely beyond the pale is the the deliberate construction of a wall secrecy with full cooperation of secret courts hidden behind a wall of lies with minimal oversight. This is not the functioning of a government that is trying to balance the rights of its citizens against security. It's a blatant attempt to construct an inner institution alien to democracy and alien to every single principle the United States was founded upon.
The endless prosecution of whistleblowers is one more thing. It's shown the government as a cabal who will use every weapon in its arsenal to fight those who would do anything to expose how corrupt and self-serving it's become.
Don't tell us to trust you. Why should we? We have no mechanisms to control or even influence this behemoth anymore.
Do they really think that Snowden would have made even a dent holding a sign in front the of White House or appearing on a news program? Seriously? Do they really think he would have _ever_ faced a trial by a jury of his peers?
I strongly doubt that public records show that people sentenced were whistleblowers, or that the President sentenced them.
http://econintersect.com/b2evolution/blog1.php/2015/01/26/ob...
If you'd like more detail, here's the first source linked in the article:
https://www.aclu.org/blog/leak-prosecutions-obama-takes-it-1...
The judges don't but like in most cases the prosecution has just as much and even more power (with mandatory minimums for example) to affect the sentence than the Judge it self in such case when the accused is found guilty.
The prosecution charges them with the crime, as well as asks for the punishment, they can charge them with lesser felonies or less counts, they can ask for a more lenient sentencing, but when they charge you with everything in the book 10 times over and ask for the maximum penalty by law what you expect the judge to do?
I think people don't realize just how much effective power and agency by law the US executive branch has compared to most other western democracies.
I did post a link in response to another comment here, but I'd still recommend doing your own research for the big picture. The war on whistleblowers is a very recent development in US history, and no previous administration has come down in the same way as this one.
This is partially a reflection of modern technology because information is so much easier to distribute today but also because the level of serveillance carried out by the government requires keeping more secrets than ever.
I think we've reached a point where there are substantial numbers of people in government and the intelligence community who genuinely don't believe whistle-blowing is ever justified.
I don't know if it's blind faith in the effectiveness of oversight or irrational patriotism, but I've spoken to quite a few people who think this way.
> Since taking office, President Obama has worked with Congress to secure appropriate reforms that balance the protection of civil liberties with the ability of national security professionals to secure information vital to keep Americans safe.
Yes of course he has.
> Mr. Snowden's dangerous decision to steal and disclose classified information had severe consequences for the security of our country and the people who work day in and day out to protect it.
Has it? Has it really? Where's the proof of this?
> If he felt his actions were consistent with civil disobedience, then he should do what those who have taken issue with their own government do: Challenge it, speak out, engage in a constructive act of protest, and -- importantly -- accept the consequences of his actions. He should come home to the United States, and be judged by a jury of his peers -- not hide behind the cover of an authoritarian regime. Right now, he's running away from the consequences of his actions.
He tried the official route a number of times and was readily ignored, remember? Given that the NSA's actions were deemed unlawful, his actions were in the public interest and he deserves protections as a whistleblower.
However the people aren't fucking stupid. We know all he will face if he returns home is life in prison. At best.
> We live in a dangerous world. We continue to face grave security threats like terrorism, cyber-attacks, and nuclear proliferation that our intelligence community must have all the lawful tools it needs to address.
Hmm yes. All those civil libereties groups, charities, foreign businesses and allied politicians you spied on sure are dangerous. Got to keep them in check lest they attack America with their ball-point pens!
My translation of this entire response;
"We have heard your voices and grievances and honestly couldn't give two shits about what you think. You have no power here."
As you say, where is the prove and also: He did not disclose the documents, respected journalistic institutions did. He did not just leak anything and everything. He did the right thing. This response is an insult to everybody who signed the petition.
How did the "respected journalistic institutions" get them if Snowden didn't disclose them once he had gotten them?
Isn't that the answer to all petitions? Petitions are just pleas to the king. It is in the king's prerogatives to ignore them.
What you need in a democratic society is not petitions, but acts of parliament.
"This split between "democracy" and "constitutional republic" is something being pushed more and more, but it's really a fantasy peddled by some US-based politicos with vested interests in devaluing the concept of democracy and making you accept the fact that you should be happy without it.
A "constitutional republic" is something defined by a set of laws with certain specific elements in common: having a constitution and being a republic (which is also quite a loose term, used to define "anything that is not a monarchy" -- Iran is also a constitutional republic, for example, albeit a theocratic one)."
Whole comment at https://news.ycombinator.com/item?id=3668684 See also https://news.ycombinator.com/item?id=8542546
Someone recently pointed out that California is as close to a direct democracy as we get in the US and look at what it's doing there: "Raise taxes? Nope! Fund schools: Yup!" People end up making decisions that benefit them in the short term while ignoring the global consequences. That's human nature and direct democracy assumes that everyone is an informed rational thinker.
> Has it? Has it really? Where's the proof of this?
While not a general decline in the companies values, or stock, there has been an international backlash against US Tech companies[1, 2]. To say that these companies don't provide for the security, financially, of our country is a crock of shit. As for how the people that protect our country and work day in and day out to protect it being affected- you really thing the CIA is going to post about how their personnel got caught, or detained, or anything at all? No. You won't. Granted, a lack of proof is not proof itself, but open your eyes a bit and think about it. Snowden revealed all sorts of information that he should not have.
> Hmm yes. All those civil libereties groups, charities, foreign businesses and allied politicians you spied on sure are dangerous. Got to keep them in check lest they attack America with their ball-point pens!
Keep your enemies close and your friends closer. Everything but the allies I agree with you on, but I don't think there is anything wrong with keeping tabs on the policies of allied countries.
1- http://www.huffingtonpost.com/2014/01/24/edward-snowden-tech... 2- http://allthingsd.com/20131214/shareholder-suit-accuses-ibm-...
The entire Snowden affair reminds me very much of Daniel Ellsberg. At the time Ellsberg was condemed by many (especially in the military industrial complex) as a traitor but now I think that just about everyone believes that Ellsberg did a good thing for our country and society.
I think that history will look kindly at Snowden - Lisa Monaco and President Obama will be on the 'wrong side of history' on this issue. I personally believe that we can have an effective intelligence force that acts in accordance with international law and protects our rights of privacy and due process of law. The overreach by those running our intelligence operations smells like a power grab that is not in the best interests of American citizens.
There's not really a lot of doubt. A trial under the Espionage Act is not a fair, open trial.
"John Kerry's challenge to Snowden to return and face trial is either disingenuous or simply ignorant that current prosecutions under the Espionage Act allow no distinction whatever between a patriotic whistleblower and a spy. Either way, nothing excuses Kerry's slanderous and despicable characterizations of a young man who, in my opinion, has done more than anyone in or out of government in this century to demonstrate his patriotism, moral courage and loyalty to the oath of office the three of us swore: to support and defend the Constitution of the United States."
[1]: http://www.theguardian.com/commentisfree/2014/may/30/daniel-...
I think there are a lot of "security" hawks that would disagree.
Guilty under the law, but pardoned by a jury of his peers.
"Ellsberg was silenced before he could begin. According to Ellsberg, his "lawyer, exasperated, said he 'had never heard of a case where a defendant was not permitted to tell the jury why he did what he did.' The judge responded: well, you're hearing one now. And so it has been with every subsequent whistleblower under indictment"
I don't. As much as I want it to, and as much as the HN group wants to, the crazy (sad) thing is that a vast number of Americans not only do not know who he is[1], but those that do are polarized as to whether he did the right thing or not[2] - he barely won a majority vote of the minority who even know who he is.
[1] https://firstlook.org/theintercept/2015/04/06/john-oliver-in...
[2] http://www.newsweek.com/most-americans-think-snowden-did-rig...
I would be criticised for being really extreme, but I would go ahead and say that on a subconscious level, the govt has instilled more fear in people than the terrorists.
"Come out and fight like a man!"
The fact that someone thought this kind of response is appropiate in any way means one of two things:
1. They think the american populace is irrelevant and they can flip them the bird unscathed.
2. They think they have substantial support by morons making up a majority of their populace who applaud that kind of response.
It's like David and Goliath. Except where Goliath is the largest, most powerful military in the world with nukes and fighter jets. David is just a pale nerdy guy with a keyboard.
All you have to do is look at the continued requests for a "golden" key, the constant attempts to get rid of net neutrality, the frequent attacks on various nations electronic infrastructure.
Those guys with keyboards are scary as all get out to most of the governments out there.
To me, the response is a have your cake and eat it too kind of response. They hint at the technicality of not being able to issue a pardon in a way they sound tough on people like Snowden. Rather than "come out and fight like a man", it is "security, security, security, Snowden hasn't been convicted yet, security, security, security".
Yes, he can. http://www.nytimes.com/1988/01/05/opinion/l-constitution-all...
Not only can they, but perhaps the single most well-known Presidential pardon in history was of this kind: President Ford's blanket pardon of ex-President Nixon for any federal crimes he may have committed while President.
of course, whether the whistle blower actually turns him or herself over to such torture has absolutely no bearing on the constructiveness of the debate itself. that argument is merely a fascist ad hominem. something i could easily imagine Putin using, for example.
it's obvious exactly what kind of "constructive debate" on surveillance the US government wants - none.
How do you do this when secret courts can keep you silenced?
This whitehouse response is a cruel joke.
Government lecturing us on proper civil disobedience is ironic to put it very mildly.
According to this statement, if we want justice, "blood" must be spilled.
This isn't a one way street.
Writing to the White House directly already provided such an outlet; what the newer formalized petition process does is two things:
1) It provides an incentive to aggregating related requests, providing an economy in reviewing and responding, and
2) Provides visibility to the requests and responses, which frequently serve as a focal point for organizing by the groups interested in the subject matter of the request.
(#2, if anything, increases the potential political cost compared to the status quo ante to the White House, both from responses and absences of responses.)
Then they call for him to come back, and act like a fair trial is even possible.
I don't think there's anything Obama can do short of a complete pardon to fix this.
If we want a real resolution, I think we'll need wait until after 2016.
I wonder when the US state department started approving messaging like that about Russia.
According to https://en.wikipedia.org/wiki/Authoritarianism
1. limited, not responsible, political pluralism
2. a basis for legitimacy based on emotion, especially the
identification of the regime as a necessary evil to combat
"easily recognizable societal problems" such as
underdevelopment or insurgency
3. neither "intensive nor extensive political mobilization" and
constraints on the mass public (such as repressive tactics
against opponents and a prohibition of anti-regime activity)
4. "formally ill-defined" executive power, often shifting or vagueSecret courts, gag orders, free speech zones... How exactly does one speak out?
> He should come home to the United States, and be judged by a jury of his peers -- not hide behind the cover of an authoritarian regime. Right now, he's running away from the consequences of his actions.
A jury of his peers? You really want me to believe you wouldn't boot any of his actual peers out of jury selection?
Implying Snowden is "hiding" when he's given up his family, home, and a nice paycheck is the most disgusting, cowardly thing to say.
What a joke our government has become.
As far as the claim of "Hiding behind an authoritarian regime." I'm sure he would have loved to take refuge in a free country, but so far it looks like they are all run by cowards.
There seems to be a false idea in our country that civil disobedience demands martyrdom.
Not a coincidence.
They guy sealed his own fate when he made himself an enemy of the state, and I fear he will never get to set foot on his homeland again. One day, I hope he will be nationally recognized for his service to his people. In the meantime, the drastic divide between the aims of the government and the aims of the governed makes me grow ever more worried that we have dark days ahead of us.
If it's the former, we have a responsibility as citizens to have affected enough of a change in our government to see to it that he is given a truly fair trial.
If it's the latter, we'll probably never hear of it, or know the truth of it.
And this:
> Mr. Snowden's dangerous decision to steal and disclose classified information had severe consequences ...
"Steal" makes no sense as a description of what Snowden did. He didn't delete digital information, he just copied it. Everything that Snowden has is still with NSA. It seems this official response was written to appeal to non-technical people who are easily convinced by well-crafted government speech.
(Note: It had the minimum response signatures within a very short time period, too)
Thanks for writing something 2+ years ago, here's some talking points based on our current administration objectives.
> "As the President said in announcing recent intelligence reforms, "We have to make some important decisions about how to protect ourselves"
> "Mr. Snowden's dangerous decision to steal and disclose classified information had severe consequences for the security of our country and the people who work day in and day out to protect it."
> "We live in a dangerous world. We continue to face grave security threats like terrorism, cyber-attacks, and nuclear proliferation that our intelligence community must have all the lawful tools it needs to address."
There is nothing new here. From a different age, we had this observation from another power hungry man:
"The people don't want war, but they can always be brought to the bidding of the leaders. This is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism and for exposing the country to danger. It works the same in every country."
-Hermann Göring
The U.S. constitution contains some strong protections against this road to fascism, but many have been eroded or subverted over time. Our government's design is intentionally inefficient, its members supposed to change regularly, and our court system is insular and slow for a reason. But these protections were created prior to the era of mass media, and now fear can be used as an even more powerful tool for control than when the country was founded.
I suspect that in the long term, even stronger hedges against totalitarianism will be needed. Democratic republics work well when the voting public is informed, patient, and aware of history. If you can whip them into a fervor with fear mongering, make them forget the past, and make quick emotional decisions, then instead of a nation of citizens you have a troop of apes--far easier to control.
Not withstanding this late, clueless response to the petition, Obama's only real way of not going down in history as the "Peeping Tom President" is to pardon Snowden before he leaves office.
Not sure what I was expecting.
Would he really be judged by his a jury of his peers? I was under the impression that he would forever be put to jail for treason the minute he stepped on American soil.
That's the way they like it.
Weev got the same treatment.
But then they would have a trial. It would likely take a very long time (and he would likely be in jail during it).
The term 'jury of his peers' means regular American citizens (not judges or other government officials). Sadly, the government has done a good job of convincing many people that all their spying on us is for our own safety. They'd just need to work to get 12 people that believed that (while Snowden's attorney's would work to get at least one that didn't). Though anyone that already (openly) had an opinion on his guilt or innocence wouldn't be allowed on the jury.
(note: this is assuming a civilian trial. I think they'd have a very hard time trying to give Snowden some sort of military tribunal)
At worst, the juror would be held in contempt of court (or similar) and become another victim of that same corrupt justice system.
Of note: the Espionage Act forbids a public interest or whistleblower defense. His conviction would be a foregone conclusion.
After you grab a million files constituting nearly half a terabyte of top secret data and abscond with it to China (and then Russia), despite what your very best intentions may be, I don't think the title "whisteblower" is still applicable.
A few Western journalists in their flats and offices does not a secure facility for storing highly classified information make.
"A few Western journalists in their flats and offices does not a secure facility for storing highly classified information make."
They might have done better if the NSA had not been deliberately undermining our ability to secure ourselves.
Snowden keeps control, works with reliable people, and only releases things that need to be released. Snowden, much more than Manning and Assange, is the kind of hero we need.
During the selection process for the Boston Bomber, a jury was selected of which only people willing to sentence him to death were allowed on.
Snowdon would get a similar filtration. They would filter away any techies, etc until all that's left are people who will take the governments word as gospel.
Ignoring the fact that the charges he's been charged with already don't allow for fairness, the trial process wouldn't make things any better.
https://www.bostonglobe.com/metro/2014/11/06/jury-selection-...
If the law states that a possible punishment for theft is putting the thief in prison, it makes no sense to allow people on the jury who morally object to the idea of prison.
And both sides are involved in jury selection. But who cares about the truth when you can just spread antigovernment FUD?
Why would Snowden come back when he can't make a public interest defence [1]? The trial would be a formality and he'd be locked up for 40 years without being able to contribute to any debate.
[1] The espionage act does not allow you to make a public interest defence and makes no distinction between whistle-blowers and spies. https://en.wikipedia.org/wiki/Espionage_Act_of_1917
When in recent years so many programmers have had examples made of them, I can't say I have much confidence in the fair treatment of a previously relatively inconsequential man who made a monumental decision on one of the defining ethical dilemmas of our time.
There's a gauntlet of institutional embarrassment that he'd have to run through. I can't blame the guy for staying in Russia.
We live in a dangerous world.
And there it is. Their power and influence is dependent on the majority believing they are in danger. Gotta remind people of that notion every chance they get. Whether it's true or not shouldn't even be relevant to the law, but fear is a powerful motivator.“It has been frequently remarked that it seems to have been reserved to the people of this country…to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made…And a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.”
Mass surveillance and government secrecy are one of the greatest threats to this ideal ever to face this country. Can we survive with them? Of course. Life will go on, we'll live in our houses and buy nice things and generally lead comfortable lives. But we'll never live as free persons, and even those of us with the most comfortable lives will constantly be looking over our shoulders, burdened by the feeling that something is very wrong.
So this is what passes for responsibility according to the President's advisors? It might be appropriate to bring this up the next time Obama undermines some reportedly-bad Republican-made policy and the Repbulicans turn around and demand that Obama step down as president. According to Lisa Monaco, it would be irresponsible for Obama to run away from the consequences of his actions by not stepping down in that situation.
It's also very reasonable to suppose, as he did, that going about things in the manner that he did was the only way to achieve his stated mission, since, by definition, what he wanted to publicise was highly classified. The downsides for himself, and to whatever extent for diplomacy and national security, were worth it in his eyes. Thus, the idea that he should have instead "[c]hallenge[d] it, [spoken] out, engage[d] in a constructive act of protest" is facile gibberish, and, as to the idea that he should face the consequences in a trial by a jury of his peers, it would be akin to sheep negotiating with the wolves. What was he going to do, hold up a banner that says "[redacted]"?
By the same token, it's ludicrous to expect the American state to pardon Snowden, with or without a petition. Snowden has irretrievably made himself a sworn enemy of the American national security state. The state could not possibly allow its legitimacy and legal supremacy to be undermined by his actions. His situation is not unlike that of politically persecuted activists elsewhere.
Horseshit. He's been in effective exile for longer than Martin Luther King, Jr spent in jail, totaled over his entire life. What are the odds that Snowden is facing the same order of magnitude in terms of explicit punishment?
Moreover, when MLK received a sentence of 6 months hard labor following the Greensboro sit-ins, JFK and RFK intervened to get him released early.
"In October 1960 Atlanta student leaders convinced King to participate in a sit-in at Rich’s, a local department store. King and about 300 students were arrested. The students were later released, but King remained in jail while Georgia officials determined whether his sit-in arrest violated parole conditions King had received a month earlier after driving with a suspended license. After being sentenced to six months of hard labor at Georgia State Prison at Reidsville, presidential hopeful John F. Kennedy and his campaign manager and brother, Robert Kennedy, helped secure King’s release. Their intervention in the case helped contribute to Kennedy’s narrow victory over Richard Nixon in the presidential election."
http://kingencyclopedia.stanford.edu/encyclopedia/encycloped...
But apparently MLK doesn't know how to do civil disobedience, and the Obama administration would rather identify with his captors than with JFK.
Finally, speaking of "the consequences" as if they're something natural and not something the Obama administration has direct and unilateral control over is disingenuous. If Obama issued a pardon, Snowden will have received all of the punishment the law requires. Snowden is not demanding a pardon - he is facing punishment (albeit not the ridiculously overwrought punishment you had in mind). We are demanding he be pardoned.
Oh the irony. deserves robust debate. Ha. It would all still be a secret if not for Snowden.
I was surprised to see they've answered every outstanding petition today: http://twitter.com/wethepeople
* Part of the President's role is to lead and manage the Executive Branch. He can't set the precedent for his millions of employees that blatent breaches of authority are an option.
* Like any manager, the President also is an advocate for and loyal to his subordinates. The President is only one person; the priorities of the nation depend on his effectiveness as a manager and therefore on the loyalty and support of all those in the Exectuive Branch.
* Notice that my first point referred breaches of "authority", not of law or rules. In every institution, the priority is not the rules or laws, but loyalty. That might not be good, but it's true. Egregiously break the law but be loyal to the institution and authority (e.g., torture, various corruption scandals), and you'll be protected. Be disloyal, and you'll never work in the city again and will be prosecuted if possible.
Unfortunately this is true in almost every institution, in my observations and experience (and this is hardly a novel or controversial statement). I'd be fascinated in research on this issue and its solutions, if anyone here knows about it.
He can, and he should have, not that I expected it.
He doesn't have to (and shouldn't) establish that all breaches of authority are an option. But the most credible signal the President could send that the US government is not authoritarian and evil is to pardon those who, in good conscience and motivated by concerns about whether secret actions are authoritarian and evil, raise those concerns to the public awareness.
If we're going to have secret programs carried out while blatantly lying to the American people about what is and is not done, and about what is and is not allowed, then we lose a good deal of democratic control over what is done in our name. Such programs may be necessary, but if they are then ensuring that at least those working on them believe them to be a good idea helps re-establish some check on the likely distance between what we want and what happens behind the scenes.
It is easy to blame the the administration for the response. But it is not them it is the way the system is setup.(Well it is them to, and they are legitimately scared)
Just as if Snowden had challenged it (i cite)"Challenge it, speak out, engage in a constructive act of protest" he would just have got fired and ignored(or worse), the people in the government is generally in the same seat.
I think they could have mentioned some numbers of what the NSA actually does stop instead of empty threats of a dangerous world.
So it's an admission that they view unconstitutional surveillance as necessary for security? That's too bad. Because that surveillance is exactly what got "severe consequences" as in being challenged.
Taking classified/secret information to a hostile country is treason. If he had done what Ellsburg did and stayed in the United States and face a jury, I think a strong case could be made for pardoning him or for jury nullification. However, by going to China and Russia (which are actually probably more involved in monitoring and controlling Internet use by their subjects) he committed treason, and I hope he eventually gets handed back to the United States to serve a very long prison sentence.
Because frankly, that would be an incomprehensibly stupid move on his part.
"he gave all the classified documents he had obtained to journalists he met in Hong Kong"
Therefor, he must have had access to the documents after he left the USA since it seems he gave them to journalists while he was in Hong Kong.
Coming back or turning himself in won't do anything except allow the US to silence him, send him to jail where he will mysteriously be killed or such.
Like all the men and woman before him who fought authority or the church he would ended up being written in the histories some day as a hero. But will be a long time before there is another time distance for the government to be able to admit that.
Is the White House this much hostile towards Russia?
Besides from Iran or North Korea, I'd never expect diplomats to be as straightforward as in this statement.
LOL. Tell me the last time our Congress have constructively addressed anything...
It was actually all in thr PBS/NYTimes story United States of secrets.
Probably the best documentary on thid whole thing i have seen.
Ugh. Bunch of assholes we got running this place.