{"id":187089,"date":"2013-06-22T19:58:00","date_gmt":"2013-06-23T00:58:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2013\/06\/22\/once-again-obama-invokes-the-96-year-old-espionage-act-yet-again\/"},"modified":"2013-06-22T19:58:00","modified_gmt":"2013-06-23T00:58:00","slug":"once-again-obama-invokes-the-96-year-old-espionage-act-yet-again","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2013\/06\/22\/once-again-obama-invokes-the-96-year-old-espionage-act-yet-again\/","title":{"rendered":"Once Again, Obama Invokes the 96 Year Old Espionage Act Yet Again"},"content":{"rendered":"<p>Yes, this time <a href=\"http:\/\/40yrs.blogspot.com\/search?q=worst+constitutional+law&amp;max-results=20&amp;by-date=true\"><span style=\"font-variant: small-caps;\"><i>Worst Constitutional Law Professor Ever<\/i><\/span><\/a><sup>\u2122<\/sup> is using the act, originally drafted to prohibit expressing anti-war sentiments, to pursue a leaker, in this case, <a href=\"http:\/\/www.washingtonpost.com\/world\/national-security\/us-charges-snowden-with-espionage\/2013\/06\/21\/507497d8-dab1-11e2-a016-92547bf094cc_story.html\">go after Edward Snowden<\/a>:<\/p>\n<blockquote><p><span style=\"color: blue;\">Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance programs, and the United States has asked Hong Kong to detain him on a provisional arrest warrant, according to U.S. officials.<\/span><br \/><span style=\"color: blue;\"><br \/><\/span> <span style=\"color: blue;\">Snowden was charged with theft, \u201cunauthorized communication of national defense information\u201d and \u201cwillful communication of classified communications intelligence information to an unauthorized person,\u201d according to the complaint. The last two charges were brought under the 1917 Espionage Act.<\/span><\/p><\/blockquote>\n<p>Rolling <a href=\"http:\/\/www.guardian.co.uk\/commentisfree\/2013\/jun\/22\/snowden-espionage-charges\">Glenn Greenwald<\/a>:<\/p>\n<blockquote><p><span style=\"color: blue;\">Prior to Barack Obama&#8217;s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That&#8217;s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined. How can anyone justify that? <\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">For a politician who tried to convince Americans to elect him based on repeated pledges of unprecedented transparency and specific vows to protect &#8220;noble&#8221; and &#8220;patriotic&#8221; whistleblowers, is this unparalleled assault on those who enable investigative journalism remotely defensible? Recall that the New Yorker&#8217;s Jane Mayer said recently that this oppressive climate created by the Obama presidency has brought investigative journalism to a &#8220;standstill&#8221;, while James Goodale, the General Counsel for the New York Times during its battles with the Nixon administration, wrote last month in that paper that &#8220;President Obama will surely pass President Richard Nixon as the worst president ever on issues of national security and press freedom.&#8221; Read what Mayer and Goodale wrote and ask yourself: is the Obama administration&#8217;s threat to the news-gathering process not a serious crisis at this point?<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">\u2026\u2026\u2026<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\"><i>They<\/i> haven&#8217;t learned anything from these disclosures that  they didn&#8217;t already well know. The people who have learned things they  didn&#8217;t already know are American citizens who have no connection to  terrorism or foreign intelligence, as well as hundreds of millions of  citizens around the world about whom the same is true. What they have  learned is that the vast bulk of this surveillance apparatus is <a href=\"http:\/\/www.guardian.co.uk\/uk\/2013\/jun\/21\/gchq-cables-secret-world-communications-nsa\">directed not<\/a> at the Chinese or Russian governments or the Terrorists, <a href=\"http:\/\/www.guardian.co.uk\/world\/2013\/jun\/06\/nsa-phone-records-verizon-court-order\">but at them<\/a>. <\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">And <i>that<\/i>  is precisely why the US government is so furious and will bring its  full weight to bear against these disclosures. What has been &#8220;harmed&#8221; is  not the national security of the US but the ability of its political  leaders to work against their own citizens and citizens around the world  in the dark, with zero transparency or real accountability. If anything  is a crime, it&#8217;s that secret, unaccountable and deceitful behavior: not  the shining of light on it.<\/span><\/p><\/blockquote>\n<p>(<i>Emphasis Original<\/i>)<\/p>\n<p>He is correct.&nbsp; The only potential &#8220;injury to the United States&#8221; (from the text of this law) is to subject the actions of the NSA, and the rest of the US state security apparatus to public discussions.<\/p>\n<p>The terrorists already knew this, as it is clear from the approved leaks from the Obama administration made this clear to anyone with 2 working brain cells.<\/p>\n<p>I wish that we had a less paranoid president with a greater devotion to openness and transparency.<\/p>\n<p>Of course, Richard Nixon qualifies as less paranoid President with a greater devotion to openness and transparency, which just goes to show how far we have fallen as a society.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Yes, this time Worst Constitutional Law Professor Ever\u2122 is using the act, originally drafted to prohibit expressing anti-war sentiments, to pursue a leaker, in this case, go after Edward Snowden: Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[971,970,1102,972,1103],"tags":[],"class_list":["post-187089","post","type-post","status-publish","format-standard","hentry","category-civil-rights","category-corruption","category-intelligence","category-justice","category-secrecy"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/187089"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=187089"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/187089\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=187089"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=187089"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=187089"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}