White House Finally Answers Snowden Pardon Petition: The Only Good Whistleblowing Is Punished Whistleblowing
from the because-of-course-this-would-be-the-answer dept
The White House has finally responded — more than two years later — to a petition asking for a pardon of Edward Snowden. The petition surfaced soon after Snowden went public with his identity. Less than three weeks later — June 25, 2013 — it had passed the 100,000-signature threshold.
Understandably, the administration was in no hurry to respond to this petition. In the immediate aftermath of the first leaks, no entity was more unpopular than the NSA. Snowden, on the other hand, probably could have won a number of local elections as a write-in candidate at that point. So, the administration sat on it, as it has sat on a great many petitions not particularly aligned with its desires.
Unfortunately, the public’s opinion hasn’t shifted much. As other agencies have become more plaintive in their requests to undermine privacy and safety to keep criminals from “going dark,” the public has become less and less enthusiastic about being forced to make more sacrifices in the interest of security. The NSA also hasn’t become more popular in the interim. So buying time by cherry-picking We The People petitions to respond to hasn’t made answering this petition any easier for the administration.
More than two years later — 763 days past the point it became a viable petition — the administration has answered. And the answer could have been written two years ago, as it refuses to acknowledge Snowden’s contribution to recent surveillance reforms. The response was written by Lisa Monaco, the president’s advisor on Homeland Security and Counterterrorism. Considering the source, the response is unsurprising. But it starts off with a lie:
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.
Wrong. The “appropriate reforms” have been forced into existence by leaked documents Snowden provided. This “conversation” the President keeps claiming he always wanted to have only took place because he could no longer ignore it. This opening sentence is worse than merely disingenuous. It’s a complete rewrite of Obama’s civil liberties legacy. Before the Snowden leaks, Obama’s stance on surveillance was “whatever Bush did, only more.”
Next, Monaco goes on to say that no matter how instrumental Snowden was in the recent surveillance reforms (without ever actually saying that), he’s still a just a criminal and should be treated as one.
Instead of constructively addressing these issues, 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.
Except that this administration is no friend to whistleblowers. Snowden knew this. Snowden also knew the “proper channels” were mostly there to ensure whistleblowers were silenced and punished. So he ran. This administration has prosecuted more whistleblowers than all other administrations combined. When Snowden took off, it was five years into Obama’s presidency, plenty of time to gauge what sort of odds the “proper channels” offered.
From that point, Monaco goes on to claim that the only legitimate act of civil disobedience is a punished act of civil disobedience.
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.
First off, this is wrong. As has been explained countless times, under the Espionage Act, which is what Snowden would be charged under, he is not allowed to present the evidence in his defense that he was blowing the whistle on an illegal program (and yes, it has been ruled illegal). Nor is he allowed to argue that the leak was in the public interest. In other words, the law is stacked such that he cannot present his argument fairly. The deck is stacked and Monaco knows the deck is stacked and ignores that — which is exceptionally dishonest.
I would imagine Monaco — and by extension, the administration — would also feel that those who hacked Hacking Team are the real criminals here, not the company that sold surveillance software and zero-day exploits to governments known for widespread abuse of their citizens. “Look, we appreciate them highlighting these dubious and likely illegal contracts. But to move forward, we really need to put the hackers who obtained the documents on trial.”
But, honestly, no one expected this response to go any other way. No one who holds the top office in the nation is going to sell out the rest of the government for a whistleblower. So, it could have saved everyone the trouble and posted this answer June 26, 2013.
Filed Under: ed snowden, espionage act, lisa monaco, nsa, obama administration, petition, surveillance, we the people
Comments on “White House Finally Answers Snowden Pardon Petition: The Only Good Whistleblowing Is Punished Whistleblowing”
I expected it to go differently
I figured it would never be answered at all. Either it would just mysteriously vanish one day or it would be ignored until Mr. Obama left office and his successor was sworn in, at which point it becomes Someone Else’s Problem.
He should come home to the United States
With a revoked passport. Right.
not hide behind the cover of an authoritarian regime. Right now, he’s running away from the consequences of his actions
You grounded a goddamn presidential airplane completely stepping on the sovereignty of another nation because you thought you could catch him. Consider this overreach and overreaction for a moment. If the USG really considered this an act of civil disobedience why revoke his passport and deploy such power? Why not let the channels open and treat him as not guilty until a proper trial is conducted? Because the USG has already delivered the verdict on day one and stuck to it till now.
You know who else loves this kind of power abuse and curtail of freedoms and rights of the people? ISIS.
Re: Re:
In all fairness, I’m pretty sure it’d be easy for Snowden to get to the US embassy, or get himself deported from Russia to the US if he was so inclined. It would just mean being flown home a prisoner, and tossed in solitary for a few years while his case worked it’s way through the court.
Re: Re: Re:
The case would be mooted by his rather unfortunate demise. They haven’t quite decided yet whether he committed suicide or died trying to escape.
Re: Re: Re: Re:
Freak car accident.
But he was in a plane!
Re: Re: Re:2 Re:
Well, the car fell out.
Re: Re: Re: Re:
Don’t be silly. He died of natural causes. You can examine the body yourself. What do you mean, “it’s been cremated?” Oh, it looks like someone filled out the paperwork incorrectly and he was cremated before the autopsy could be done. But really, natural causes. Take our word on it.
Re: Re: Re:
Would any sane person choose this willingly? And is it really an easy option when there is a fair certainty that he is going to be “flown home a prisoner, and tossed in solitary for a few years while his case worked it’s way through the court”? No, really. The US chose to block any possibility of him going home the normal route and going to an embassy will result in the mentioned scenario. So why are we blaming the guy if he is not having a fair trial while having his freedom assured by even an optimistic prediction?
Hopefully Bernie Sanders will pardon him.
Re: Re:
Sanders will pardon which one? Snowden or Obama?
Re: Re:
I rather doubt they’ll be sharing a cell.
Re: Re:
Sanders will pardon which one, Snowden or Obama?
Re: Re: Re:
sorry, new here. Thought it wasn’t showing up.
Has the “We the People” thing ever had any real results? Seems like every one I’ve ever signed was just replied to with a canned response
Re: Re:
Well… we know they’re not building a Death Star.
Re: Re: Re:
Under this program, obviously.
Re: Re: Re:
With the USG’s track record of saying one thing while doing the exact opposite…
Well I’ll let you extrapolate.
Re: Re:
you mean patting themselves on the back or saying “no, but here’s some patriotic fluff to make you sorry you asked” isn’t a real result?
Does anybody make boots that are 50ft high? It’s awfully thick right now.
Yeah...
I clicked through the response and took the opportunity to leave an evaluation of said response. The form submit resulted in a 404 Page Not Found – how appropriate.
To this I say: You first.
Re: Re:
This is not unlike the NSA hiding behind the government either. In-fact, authoritarian should now encompass the USA democratic system. It is so detached from the public that it would be foolish to think it is not.
…No one who holds the top office in the nation is going to sell out the rest of the government for a whistleblower…
Reagan was the last US President to admit that the US government was ‘too big for it’s britches’. Turned out he couldn’t do very much about it. Since then nobody’s had the guts to confront it.
But props for actually responding to this petition, even if the response sucks.
Re: Re:
LOL at a president who escalated the drug war calling the government “too big”
Re: Re: Re:
To be fair, it was the First Lady that pushed that. First Ladies often seem to push huge government programs – just look at Hillary’s time as First Lady.
Re: Re:
Anyone with the guts to confront it is unlikely to ever be given the power to do so. The monster will protect itself.
Instead of constructively addressing these issues, 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.
Instead of constructively addressing these issues, the OPM’s dangerous decision to not properly protect and allow the disclosure of classified information had severe consequences for the security of our country and the people who work day in and day out to protect it.
FTFY.
It was pretty much guaranteed that we’d see this response Pre-election.
Controversial pardons get issued after the results are in, right before the outgoing POTUS walks out the door.
Re: Re:
Pardon? You really think Obama would pardon someone who dared cross him? No, he will attack the messenger rather than address the message. Typical of people whose party starts with a “D”.
Re: Re: Re:
Yet another Red Team vs. Blue Team player. Guess who pardoned Nixon! He didn’t have a “D” after his name.
Idjit!
Re: Re: Re: Re:
The sad thing is that what Nixon got sacked for (his sabotage of the Vietnam peace talks in order to better his election chances against the incumbent became public much later) is peanuts compared to what Obama does every day. Everything that was unthinkable for a president to do then is now part of the standard package. Ordering assassinations without due process? Check. U.S. citizens even? Check. Torture, executions, detainment all without involving courts? Check. Warrantless wiretapping? Check. On everybody.
Re: Re: Re:2 Re:
Uh, Nixon wasn’t canned for sabotaging the peace talks. He was caught red-handed spying on his political enemies. The stuff about the peace talks didn’t come out until later
Re: Re: Re:3 Re:
That’s what I said. What he was sacked for then is standard operating procedures now. His war treason came to light much later so it is not relevant for the difference in treatment of Nixon and Obama.
Re: Re: Re:2 Re:
Don’t forget using the IRS to targeting conservatives.
The most transparent administration in history...
…is anything but. Unfortunately he is such an ego maniac he will stick to his story long after it has been proven false. He comes from the school that if you tell a lie often enough, eventually people will believe it. Unfortunately for him, this time it isn’t working.
But that isn’t to say it never works for him, just look at his promise that if you like your doctor you can keep your doctor. He knew that wasn’t true, stuck to the story and the media gave him a pass on it. But then that goes to your earlier story showing that the media is beholden to corporate and government overlords.
Re: The most transparent administration in history...
Oh on the contrary, it has indeed been the most transparent administration in history. The most transparently corrupt and anti-rights/citizens/laws administration in history to be precise.
Still, ‘true by a technicality’ still counts, right?
"This administration has prosecuted more whistleblowers than all other administrations combined."
Everything you need to know in one quote.
Re: "This administration has prosecuted more whistleblowers than all other administrations combined."
Everything you need to know in one quote.
Most transparent administration in history!
You are being very unfair here
That’s totally inaccurate. Obama’s stance on surveillance, civil liberties, whistleblower protection, transparency, dialog and so on was Nobel Peace Prize worthy, and that was before the Snowden leaks. It was also before he was in office.
Re: You are being very unfair here
So… before Snowden leaks, and after taking office then?
Basically: He lied to get the vote, and then turned around and did the opposite.
Re: Re: "He lied to get the vote, and then turned around and did the opposite"
Bush did his compassionate conservative bit, failed to get the popular vote, got adjudicated in by SCOTUS and then went far right.
I predict whoever wins 2012 will flip just as fast.
How anyone has any rational confidence in presidential elections at this point is beyond my comprehension.
Re: Re: You are being very unfair here
This comment confused me for a moment…
For some reason I thought you were suggesting that Snowden run for office.
Then I started thinking about it… wouldn’t that grant him extra protections for the duration? And I bet there are a lot of people who would vote for Snowden, too. He’d still have to worry about assassination, but they wouldn’t dump him in jail right away. Just think… an independent POTUS with a proven track record!
Re: Re: Re: You are being very unfair here
He should actually run once that is possible: felons cannot run for office and so the U.S. would have to let the cat out of the bag with their mock accusation and trial. And that in turn would allow Snowden to apply for permanent political asylum elsewhere.
Re: Re: Re:2 You are being very unfair here
The campaign alone would be worth it.
“Give a shit about your Constitution: Vote Snowden!”
“Right makes might: Vote Snowden!”
“Be the Land of the Free and the Home of the Brave: Vote Snowden!”
I mean, this is a campaign manager’s wet dream candidate.
Re: You are being very unfair here
action = !(talk)
“No one who holds the top office in the nation is going to sell out the rest of the government for a whistleblower.”
Maybe not, but they should be willing to sell out the rest of the government for the people of the United States… if they’re worthy of the office.
Snowden and Manning 2016
Snowden and Manning 2016
Re: Snowden and Manning 2016
First you want a REAL woman president, make that Manning and Snowden 2016.
Re: Re: Snowden and Manning 2016
Uhh – that was “If you want…”, no idea how it got changed to “First” when I hit submit. Sometimes I wonder if it’s the site or Firefox. :/
The Government Deserves
The American government deserves the worst possible thing we as Americans can do. Everyone, vote for Trump.
The WhiteHouse Answers the Snowden Pardon
There comes a time to fight fire with fire… Elect Donald Trump by God Almighty!
Re: The WhiteHouse Answers the Snowden Pardon
That’s more like fighting a swamp with Sponge Bob.
Re: The WhiteHouse Answers the Snowden Pardon
Trump, not the president we need, the president we deserve.
” 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.”
That’s what he did, actually. He gave up his job, his family and his home to speak out, challenge the government and engage in a constructive act of protest.
Which is a lot more than can be said of Ms Monaco’s boss, Nobel Laureate and former transparency advocate Barak Obama, who has so far failed to hold accountable any of the members of his administration when they turned out to be rather creative with their interpretation of the law.
Actual spies get set free
http://www.businessinsider.com/reports-israeli-spy-jonathan-pollard-has-been-granted-parole-and-will-be-released-in-november-2015-7
Nice huh?
Re: Actual spies get set free
Yeah spies reveal things to another team and can be gamed by feeding bullshit. Whistleblowers reveal the truth to their feared enemy, the public.
How is copying information stealing?
White House Finally Answers Snowden Pardon Petition
Thank you Tech Dirt for this excellent response to Obama’s refusal to pardon Ed Snowden. The facts are highly evident that Mr. Snowden is a whistleblower. But he cannot prove that in a court of law because the laws in place won’t let him. Our president has lied about transparency and accountability, misleading us into voting for him. If he had been doing as he said he would, whistleblowers like Mr. Snowden and Ms. Chelsea Manning would never have come forward. The laws are clearly stacked against anyone who comes forward. He should give back the Nobel Peace Prize for creating more enemies than peace.
Re: White House Finally Answers Snowden Pardon Petition
Who would want it back? He wiped his behind with it even before repurposing the Constitution.
Honestly, nothing in any of Snowden’s reveLatinos are a surprise to anyone who didn’t have there heads buried in sand. The real reason they keep focus on Snowden is so prole won’t stop to ask a bigger question: how many other people got a hold of some or even all of this data before he did. Because honestly you’ve got to be dumber than a box of rocks to believe Snowden was the first or only on ed to aquire all this data.
Re: Re:
Now that is a funny typo/autocorrect!
Would the White House say to dissidents and whistleblowers from other countries that they should stay in their home countries and “accept the consequences” of their actions? Of course not. The US gives asylum to plenty of those. So that argument is bullshit.
Should we start a petition on “We the People” to change it to “We the People are Shouting at the Wall”?
Gosh, what a non-surprise from Mr. Transparency’s office.
Maybe the president's opinion has "Evolved"
It may be that being on the opposite side of whistleblowers that Barack Obama has developed empathy for the institutions who would rather handle embarrassments quietly by detecting and purging leaks before they spring.
It would be positively lovely if a press correspondent could ask him but I doubt that will happen without said correspondent being unfriended from the White House. Not this would do anything but create an awkward moment anyway.
So, by the White House’s actions should you know it. Considering its opaqueness, the Obama Administration is anti-transparency. Considering its relentless persecution of whistleblowers, the Obama Administration is anti-whistleblower. And Considering he recently called participants in the CIA Detention and Interrogation program patriots the Obama Administration is pro-torture.
Not the man I elected. Not that I would expect any better from the other side.
Not that I expect any better from the next guy either.
Snowden’s not hiding behind an authoritarian regime in Russia. He was stranded there by the Obama regime when they pulled his passport on his way to South America.
The question should be, why does the Obama regime want Snowden in Russia?
Re: Why does the White House want Snowden in Russia
I suspect because it’s less comfortable for Snowden to live in Russia than in South America.
And because Snowden’s asylum in Russia is more tentative than his asylum would be, say in Ecuador.
Snowden may become part of some future exchange between the US and Russia, and Putin has no qualms about handing Snowden over. For now, US and Russia are rival nations, and Snowden’s presence there serves as a happy embarrassment to the United States.
Frankly, the administration’s behavior and continued justification to persecute Snowden appalls me and serves to further justify all action against the current regime in the US.
Re: Re: Why does the White House want Snowden in Russia
Frankly, the administration’s behavior and continued justification to persecute Snowden appalls me and serves to further justify all action against the current regime in the US.
Congratulations, you are now on multiple terrorism watch lists. /s, I hope
Just to make sure I understand...
Ed Snowden, who released evidence of criminal activity to a reporter, needs to “accept the consequences of his actions”, but even naming, let alone prosecuting, people who committed war crimes would be “sanctimonious” because they “meant well”? Honestly, fuck these guys.
Re: Just to make sure I understand...
Where’s a First Word credit when you need it…
“we are not going to follow the law when it conflicts with us going after and hurting people that have exposed our crimes to the public”
Civil disobedience
Where does this idea come from that it’s not legitimate civil disobedience/protest/whistleblowing unless you are willing to go to jail for it?
Re: Civil disobedience
That would be from the same people and/or groups who stand to gain by being able to make examples of anyone who stands up to them via civil disobedience/protest/whistleblowing.
Re: Civil disobedience
From the Plutocracy. You want to be taken seriously with your protest against The Establishment? Write and perform a song that goes platinum and makes lots of money and ends up with memes going viral.
“How many roads must a man walk down, …”
“Meet the new boss, same as the old boss …”
White House Response to the People:
https://youtu.be/ss2hULhXf04
Apparently DHS needed me to google a more accurate and clearly more insightful response.
With Love,
Target
Accept the consequences of his actions
He has. Thats why he is in Russia and not at home with his family. We know what will happen if he ever returns to America.
Re: Accept the consequences of his actions
Now let’s see what Ms Monaco states elsewhere:
Doesn’t Ms Monaco state here that the U.S. government had been planning not to accept the consequences of its actions by hiding them from their own populace and the world at large?
By the way: when is the government planning to accept the consequences of having sworn an oath of allegiance to the Constitution?