Analysis: Why Edward Snowden isn't a whistle-blower, legally speaking

[ProSense]

Analysis: Why Edward Snowden isn't a whistle-blower, legally speaking

By Pete Williams, NBC News justice correspondent

Ever since Edward Snowden revealed himself as the leaker of classified documents about U.S. surveillance programs, he has sometimes been called a whistle-blower...there seems little doubt that he cannot claim legal whistle-blower protection...the general whistle-blower laws apply to government employees who expose wrongdoing...But those laws do not apply to employees or contractors who work for the intelligence agencies...a separate law, the Intelligence Community Whistle-blower Protection Act, applies to people who held positions such as the one Snowden did as a contractor for the National Security Agency. Legal experts say, however, that it provides no protection to him for two reasons.

First, they say, he did not expose the kinds of actions covered by whistle-blower protections — illegal conduct, fraud, waste or abuse. Some people have argued that the programs revealed by Snowden are illegal or unconstitutional. For now, they are presumptively legal, given the assent of members of Congress and the special court known as FISA that oversees intelligence operations.

But suppose Snowden’s supporters are right, and what he exposed was illegal conduct after all.

Then he would face a second problem: The Federal Whistle-blower Protection Act protects the public disclosure of “a violation of any law, rule, or regulation” only “if such disclosure is not specifically prohibited by law.” In other words, Snowden could claim whistle-blower protection only if he took his concerns to the NSA’s inspector general or to a member of one of the congressional intelligence committees with the proper security clearances.

Asked on Tuesday what chances Snowden would have to qualify for whistle-blower protection, Steve Vladeck, a professor at the Washington College of Law at American University in Washington — an expert on the issue — said, “none.”

http://usnews.nbcnews.com/_news/2013/06/18/19024443-analysis-why-edward-snowden-isnt-a-whistle-blower-legally-speaking

[dkf]

1. He had to expose what all 3 branches of government were complicit in.

There was no proper avenue to do this.

[Xipe Totec]

3. To quote John Oliver: "Nobody is saying you broke any laws, Mr. President...

What we're saying is that it's kid of creepy that you didn't have to.

[dkf]

4. Bingo. Colluding to subvert the constitution. Snowden isn't the one who ought to be in trouble.

[Cali_Democrat]

5. The constitution is subject to interpretation by the judicial branch

It is NOT subject to interpretation by anonymous posters on a message board. The Supreme Court has final say and they have consistently refused to hear these cases which indicates they are upholding rulings issued by lower courts regarding the FISA cases.

Again, interpreting the constitution is not up to anonymous posters on a message board.

Sorry.

[dkf]

6. If what they are doing doesn't seem obviously suspect to you then I don't know what to say.

Of course if you expect a Bush v Gore type of ruling then maybe so.

[Cali_Democrat]

9. The Supreme Court has never heard these FISA cases and likely never will

Why? Well the Foreign Intelligence Surevillance Act is pretty clear. That law was enacted in 1978.

Your issue is with the actual law, which the judicial branch has never ruled to be unconstitutional.

Dont like it? Well the solution here is simple...repeal the law itself. Elect legislators that will repeal FISA.

Pounding on a keyboard screaming that it is unconstitutional will get you nowhere. Electing legislators that will repeal this law or lobbying current legislators to repeal the law will work.

It's amazing how many people have no idea how our government actually functions.

[dkf]

12. Not if the ACLU has its way.

[Pholus]

29. There is the bonus that it gets YOU pounding on the keyboard screaming...

After all, why are you so worried about our yammering -- if it is LEGAL!

[Vanje]

18. Thats right!

The constitution does NOT belong to regular people.
It is only for men in suits with very smooth clean hands, who rely on un-named corporate entities for their very very comfortable lives.

Get over it People! Do not question your pressed suit overlords!

[Skittles]

22. see, we "don't know how government actually works, Vanje!!!

you have to be Cali Dem to be in the know!!!

[VanillaRhapsody]

11. none the less he is...

[Vanje]

15. +1

[Pholus]

28. Amen to that! nt

[ProSense]

8. I don't think

"There was no proper avenue to do this. "

...that's going to work as a defense, especially given the fact that "he did not expose the kinds of actions covered by whistle-blower protections."

Also, if it's confirmed that he did not have authorized access (http://www.democraticunderground.com/10023042710), he's going to need a really good lawyer.

[dkf]

21. Our laws are now designed to work against the people and for the government.

In that world, there is no way to whistleblow anything relevant or important.

[Marr]

20. +1

Exactly. This tireless drive to make the discussion all about Snowden, while simultaneously discrediting the guy, is... well, tiresome.

[Cali_Democrat]

2. This is pretty clear cut. n/t

[1StrongBlackMan]

7. But come on ...

rule of law doesn't matter ... This is HUGE!

[MotherPetrie]

10. Is that the same Pete Williams who was a Cheney staffer?

[reformist2]

13. They even want to control the language... he's not a whistle-blower, he's a leaker!!!

[SidDithers]

14. DU rec...

Legal arguments and emotional arguments rarely reach the same conclusion.

Sid

[Vanje]

16. Sez Dick Fucking Cheney's press secretary.

Great talking point!
Prosense, You are really digging now.

[usGovOwesUs3Trillion]

23. They are all over NPR this morning, too

Telling me what gov tells them to.

And that's it, just totalitarian sophists, all day, every day

[Logical]

17. Prosense will start posting nude photos of snowden soon! n-t

[ProSense]

25. You have issues. n/t

[usGovOwesUs3Trillion]

19. Another Government Agent Masquerading as a Journalist...

Do we not have any journalist left in the M$M, WTF?!

These scum suckers sound EXACTLY like pravda, without ANY sense of irony or self respect at all.

These dumb fucks are supposed to be the ones investigating the government, and should be thanking their lucky fucking stars that there are still a few whistle blowers left in the U.S. who aren't afraid of the threat of torture, life imprisonment without charges or trial, or worse extrajudicial killing, so they can actually DO THEIR FUCKING JOBS for a change, they should worship the ground they walk on, instead these NUMB-NUTS and their fucking lackeys are telling me what the totalitarian, fear soaked government, and the pentagon tell them to tell me.

What kinda low life sellout are you to be such an enthusiastic stenographer, and parrot for the congressional military industrial complex?!

Hello... you are supposed to be INVESTIGATING the government, not kissing their asses, and telling me that the whistle blower, isn't the whistle blower, because your masters told you so, jesus h. christ on a trailer hitch, what kinda freak show are we living through now, where the M$M regurgitates MIC talking points, and attacks their only real source for news, the got damn whistle blowers, and then thinks we are gonna buy that bullshit?!

No wonder these low-life, scum sucking, sophist, TRAITORS don't have a clue why they and their masters in the congressional military industrial complex poll numbers are lower than whale shit right now, because they got their pointy heads so far up each other's assholes that their shriveled up brains are starved of oxygen and daylight... daylight something this country desperately needs right now, too!

I am Bradley Manning

#!

Here's a big FUCK YOU! to ALL the scum sucking lackeys who are lying to us constantly, in order to perpetuate all this massive wrong doing, done daily, in our names, to us and the rest of the world, may you NEVER rest in peace :spit:

[COLGATE4]

30. But how do you REALLY feel about it? nt

[usGovOwesUs3Trillion]

31. Please forgive my passion

I just wanted to make sure my message cut through the clutter/haze of the BS media tsunami of propaganda we typically have to endure.

[FSogol]

24. K & R. n/t

[DiamondDog]

26. You know you're reaching when you have to resort to quoting Cheney's press secretary. n/t

[uponit7771]

32. the alarmist are screaming associations don't matter when it's mentioned Snowden worked for BAH

[Major Hogwash]

27. " . . . Steve Vladeck, a professor at the Washington College of Law at American University in . . .

. . . Washington — an expert on the issue — said, "none."


Glad he agreed with me.