USA must not hunt down whistleblower Edward Snowden
amnesty.org
amnesty.org
Discussion on the conditions of low-security prisons in the US should be secondary to discussions about why so many Americans are in prison in the first place, IMO.
1. http://en.wikipedia.org/wiki/Prison#Population_statistics
This doesn't happen in Europe, for example, because European countries are ethnically homogeneous. The reason is WWII, which was really just the rest of WWI, which started because of tensions over ethnic minorities -- officially in the Balkans but more so in Austria-Hungary, which was really just a club of little states pretending to be one big one.
As Tony Judt put it in his (fantastic) history of Europe after 1945, "The stability of postwar Europe is due in large part to the achievements of Hitler and Stalin."
As a European, I feel pretty sure you've never been to Europe. Your assertions are almost comically inaccurate.
http://en.wikipedia.org/wiki/Ethnic_groups_in_Europe#By_coun...
Reading down the list, most European nations have around 80% or more majority ethnicity. Even those with lower majorities tend to have closely related minorities, e.g. Belgium with its Flemings and Walloons.
By comparison the largest racial/ethnic group in the U.S., non-Latino whites, is under 65% and shrinking.
All that said, I personally think the high rate of imprisonment in the U.S. reflects a lot of latent to overt racism and can't be defended. I think that was the GP's point but I'm not sure.
But most of the crime is in the big cities, which attract people from all around Europe. Using the population statistics for countries as a whole could be seen as a little disingenuous with that in mind. Though, I'd be willing to bet that the Gini coefficient is more relevant a measure.
Tony one - of - our - most - dazzling - public - intellectuals Judt? Whose special expertise was modern European history?
This is taken from the introduction to POSTWAR, finalist for the 2005 Pulitzer Prize:
""" p. 9
We should not idealize this [pre-1914] Europe. What the Polish writer Tadeusz Borowski called 'the incredible, almost comical melting pot of peoples and nationalities sizzling dangerously in the very heart of Europe' was perilously rent with riots, massacres, and pogroms -- but it was real, and it survived into living memory.
Between 1914 and 1945, however, THAT Europe was smashed into the dust. The tidier Europe that emerged, blinking into the second half of the 20th century had fewer loose ends. Thanks to war, occupation, boundary adjustments, expulsions and genocide, almost everybody now lived in their own country, among their own people. For forty years after WWII Europeans in both halves of Europe lived in hermetic national enclaves where surviving religious or ethnic minorities -- the Jews in France, for example -- represented a tiny fraction of the population at large and were thoroughly integrated into its cultural and political mainstream. Only Yugoslavia and the Soviet Union -- an empire, not a country, and anyway only part-European -- stood aside from this new, serially homogeneous Europe.
But since the 1980s, and above all since the fall of the Soviet Union and the enlargement of the EU, Europe is facing a multicultural future... voluntary and involuntary migrants from failed or repressive states at Europe's expanded margins have turned London, Paris, Antwerp, Amsterdam, Berlin, Milan, and a dozen other places into cosmopolitan world cities whether they like it or not.
This presence of Europe's living 'others' -- perhaps fifteen million Muslims in the EU as currently [2005] constituted, for example, with a further eighty million awaiting admission in Bulgaria and Turkey -- has thrown into relief not just Europe's current discomfort at the prospect of ever greater variety, but also the ease with which the dead 'others' of Europe's past were cast far out of mind. Since 1989 it has become clearer than it was before just how much the stability of post-war Europe rested upon the accomplishments of Josef Stalin and Adolf Hitler. Between them, and assisted by wartime collaborators, the dictators blasted flat the demographic heath upon which the foundations of a new and less complicated continent were then laid.
"""
On my trips to Europe I have seen students in Prague (none in Plzen), Arabs in Paris, some British tourists in Ljubljana.
Overall I was not surprised to learn that when Poles gained the right to emigrate by acceding to the EU, the richer member nations were swept by waves of anxiety over the arrival of a slightly different kind of white person.
And it wasn't before 1980? That's news to me.
https://en.wikipedia.org/wiki/Incarceration_in_the_United_St...
"...and easy to vote for stiff penalties for criminals who don't look like you."
That's a reference to the Drug War. Which Reagan cranked into high gear in the 1980s, in response to the crack epidemic, by introducing mandatory minimum sentences for drug possession. Penalties for possessing crack were, infamously, 100 times those for an equivalent amount of powder cocaine. Congress revisited the issue in 2011 and reduced the ratio. Now it's just 20:1.
Most crack users are black, and so, as a result, are disproportionately many prison inmates. Only 13% of the population is black. The other 87% continue to vote enthusiastically for politicians who are "tough on crime".
You are right and the prison situation in the USA is not ok. But that said, just as this situation could be called f--ked up, also keep in mind that many parts of US society are also REALLY F--KED UP. There's a lot of injustice and racism throughout the criminal "justice" system, but there's also a sick amount of senseless, senseless violence.
Source: Friends and family who are prosecutors and public defenders. A relative of mine was once in the position of having to defend a group of teenagers who lynched and murdered a stranger on the street with golf clubs.
Maybe without agreeing, you can at least understand the motivation for [definitely short sighted] tough-on-crime programs.
It seems to me that one of the biggest questions on this issue that Americans need to face is: are you punishing or are you rehabilitating? I don't pretend to have a universally applicable and useful answer to that question, but societies should at least be very clear about which option is being chosen and what the consequences of that choice are.
It seems to me that there is a third option: isolating. Some people we cannot cure, but should not be "punished". Even so, they need to be kept away from the general population for the sake of the population.
I personally think that using imprisonment as a sort of "punishment" is barbaric and has no place in a civilized society. It should only be used to rehabilitate or, barring that possibility, isolate. You have someone who just won't stop killing people and your psychologists are at a loss as to how to turn him into a safe productive member of society? By all means, keep him locked up and off the streets, but trying to frame this detainment as a "punishment" is how we start down a very dark road.
I believe the privitisation of the penal system in the US has set the stage for all kinds of misdirected incentives. I wonder if some who benefit from the system as it stands are in fact quite happy to perpetuate the need for revenge/punishment.
I do none the less understand the impulse for revenge on an individual level. Anyone who says they don't must have had a charmed life indeed. I just think it's time we start consciously removing such instincts from our penal systems.
http://en.wikipedia.org/wiki/Maricopa_County_Sheriff's_Offic...
http://en.wikipedia.org/wiki/Human_rights_in_the_United_Stat...
>Examples of mistreatment claimed include prisoners left naked and exposed in harsh weather or cold air;[120] "routine" use of rubber bullets[121] and pepper spray;,[120][121][121] solitary confinement of violent prisoners in soundproofed cells for 23 or 24 hours a day;[120][122] and a range of injuries from serious injury to fatal gunshot wounds, with force at one California prison "often vastly disproportionate to the actual need or risk that prison staff faced."[121] Such behaviors are illegal, and, "Professional standards clearly limit staff use of force to that which is necessary to control prisoner disorder."[121]
>Human Rights Watch raised concerns with prisoner rape and medical care for inmates.[123] In a survey of 1,788 male inmates in Midwestern prisons by Prison Journal, about 21% claimed they had been coerced or pressured into sexual activity during their incarceration and 7% claimed that they had been raped in their current facility.[124] Tolerance of serious sexual abuse and rape in United States prisons are consistently reported as widespread.[citation needed] It has been fought against by organizations such as Stop Prisoner Rape.
http://www.motherjones.com/politics/2012/10/solitary-confine...
>He's right about that. After being apprehended on the Iran-Iraq border, Sarah Shourd, Josh Fattal, and I were held in Evin Prison's isolation ward for political prisoners. Sarah remained there for 13 months, Josh and I for 26 months. We were held incommunicado. We never knew when, or if, we would get out. We didn't go to trial for two years. When we did we had no way to speak to a lawyer and no means of contesting the charges against us, which included espionage. The alleged evidence the court held was "confidential."
>What I want to tell Acosta is that no part of my experience—not the uncertainty of when I would be free again, not the tortured screams of other prisoners—was worse than the four months I spent in solitary confinement. What would he say if I told him I needed human contact so badly that I woke every morning hoping to be interrogated? Would he believe that I once yearned to be sat down in a padded, soundproof room, blindfolded, and questioned, just so I could talk to somebody?
>I want to answer his question—of course my experience was different from those of the men at California's Pelican Bay State Prison—but I'm not sure how to do it. How do you compare, when the difference between one person's stability and another's insanity is found in tiny details? Do I point out that I had a mattress, and they have thin pieces of foam; that the concrete open-air cell I exercised in was twice the size of the "dog run" at Pelican Bay, which is about 16 by 25 feet; that I got 15 minutes of phone calls in 26 months, and they get none; that I couldn't write letters, but they can; that we could only talk to nearby prisoners in secret, but they can shout to each other without being punished; that unlike where I was imprisoned, whoever lives here has to shit at the front of his cell, in view of the guards?
It is a crazy, awful, and unnecessary black mark on America's human rights record. There is no excuse for this sort of thing, and it happens every day. Other first-world countries get along fine without systematic mistreatment of nearly eight people in a thousand.
How are they comparable?
I find that odd though, since most children love being rebellious over frivolous things like that.
On the other hand, a friend of mine was nearly suspended for wearing a military jacket with an upside-down American flag patch on the shoulder.
I wonder though if these systems were implemented accidentally or in a cool calculating way. The religion one seems like something that could bootstrap itself from true belief (if you honestly think that you have life figure out, chances are you are going to tell your kids), but the pledge one seems more calculated to me. There just really is no reason to have young children pledging allegiance to a flag and its government.
If you think loyalty to government is a good idea, that is fine, but why not teach them why that is the case? I'm sure you have plenty of good reasons lined up, so give them those reason instead of making them recite a pledge...
So, no, I don't teach my children loyalty to "government", but rather their country, which, up until recently was pretty free from their government.
Also, the pledge is absolutely to a particular government; I don't know how that could be any more clear.
So if you are pleased with what you are teaching your children, as you claim, then why is the pledge important? Your lessons should carry sufficient strength. Brainwashing is the tool of people who are not confident in what they say; it is not a tool for you.
Do you think my 5 & 6 yr olds will understand my explanation of what Snowden did, and why?
And, yes, there was lots of condescension in your comment, just so you know for the future...
If you value the notion of a free society (and I am sure that you do) then you should be able to teach that appreciation (and I am sure that you could, if you tried).
Not to be a dick, but if you were one of my personal friends and said that to me at a bar, I'd slap you in the nuts to get your attention. Maybe midwestern Americans take that differently.
Furthermore, the pledge is not some sort of "teaching through rote repetition". If it were, then why is it not done in social studies or american government classes (you know, like rote memorization of arithmetic tables is done in mathematics classes), why the emphasis on ritual (you don't stand up, face the front of the room, and salute a multiplication table...), and why does it continue past school grades for toddlers? What place does "rote memorization of why freedom is rad" have any place in, say, high schools? Those children are surely capable of receiving a proper lesson. And they get those proper lessons... but for some reason the pledge continues.
I don't think your interpretation of what the pledge it is holds water in the slightest. You are trying to treat it as something that it simply is not.
> "Do you think my 5 & 6 yr olds will understand my explanation of what Snowden did, and why?"
I am suggesting nothing of the sort. Not sure why you would think I am suggesting that.
> "I'd slap you in the nuts to get your attention. Maybe midwestern Americans take that differently."
Yeah, on the coasts we don't take kindly to physical assault in retaliation for minor perceived slights. What the hell... I hope you are exaggerating.
I hope he doesn't treat his kid that way... holy hell.
Memorization != Understanding.
Nobody says that they need to understand the importance of the Constitution when they are 5 or 6 years old. Wait a bit longer until they actually can understand it, and then teach it to them.
The original: I pledge allegiance to my Flag and the Republic for which it stands, one nation indivisible, with liberty and justice for all.
This change was largely brought about by the realization that the pledge was dangerously close to the NAZI party's way of indoctrinating Nationalism (however Fascistic it was)[2] and that there should be some manner to differentiate between the good, moral, American version and the evil, unethical German version.
Nationalism (and Socialism) were ideologies of the 19th Century, and America does not have a great history of citizenship for all, with certain cultures not sharing in it until post WW1.[3]
So, I'm afraid: the pledge does, and always has had, a streak of Nationalism a mile wide to it. I find the modern American denial of this fascinating.
And, if you cannot see how it is used to indoctrinate children, then I am happy to provide non-wiki specific psychology papers proving that it does.
[1]https://en.wikipedia.org/wiki/Pledge_of_Allegiance#Addition_... [2]https://en.wikipedia.org/wiki/Bellamy_salute [3]https://en.wikipedia.org/wiki/Indian_Citizenship_Act_of_1924
(Also, the addition of the words "under god" and a reference to a particular government hardly make it more "liberal"?)
Louis A. Bowman [in 1948], an attorney from Illinois, was the first to initiate the addition of "under God" to the Pledge. The National Society of the Daughters of the American Revolution gave him an Award of Merit as the originator of this idea...
President Eisenhower had been baptized a Presbyterian very recently, just a year before. He responded enthusiastically to Docherty in a conversation following the service. Eisenhower acted on his suggestion the next day and on February 8, 1954, Rep. Charles Oakman (R-Mich.), introduced a bill to that effect
The "Daughters of the American Revolution"[1] were a political group that had considerable influence in American politics pre-WWII and their initial drives had nothing to do with fears of Communism (they were also against the revocation of the Bellamy salute until the declaration of war in 1941). So, your blase claim is not wholly correct ~ they're also a fascinating element of female power within the United States and the influences of matriarchal organization "behind the scenes of power" are little known, sadly. Well worth looking into.
However, yes, of course this period includes "the Red Scare", and this pledge was tied into this new strand of the American National Psyche. I apologize, I assumed this was a given at this level of debate.
[1]https://en.wikipedia.org/wiki/Daughters_of_the_American_Revo...
I dislike the pledge because every time I hear it I'm reminded that Americans were once stupid enough to believe that modifying the words to it would be enough to thwart communist spies. It's like they forgot that athiests don't really acknowledge the concept of blasphemy.
Of course I know that opinion isn't exactly controversial around here.
There's no compelling societal interest in brainwashing kids to claim to support a government (since even making them recite the Pledge hardly makes them more reliable citizens).
It also doesn't teach anything close to critical thinking, problem solving, questioning fundamentals, or anything close to an exposure to career domains.
Also, the shots are at a parents discretion, even if peer pressure is applied. The choice to get a drivers license is inevitably on the child (you can't force them to take the test). Public education is compulsory by gunpoint (ie, imprisonment of parents who withhold their children from the public school system or homeschooled exams, though there are so many exceptions it is silly).
You can see a negative manifestation of the current Pledge when passing by an auto dealership, like this: http://www.thedetroitbureau.com/wp-content/uploads/2011/07/C...
In pledging allegiance to the constitution Snowdens' actions are only illegal in the sense that the current government has laws against what he did and justify those laws based on its constitutionally granted power. On the other hand every citizen has a responsibility to uphold the constitution, so his actions while illegal under the governments' laws are supported by the constitution and its founding principles.
Amnesty is coming from a different position where they are making their judgement based on the Universal Declaration of Human Rights of which the United States is a signatory.
Articles 12 through 14 make for interesting reading. http://www.un.org/en/documents/udhr/index.shtml#a12
EDIT: grammar
If they had just ignored him, "oh, that crazy guy", ...
As for the Snowden extradition actually being a human-rights issue that's another story. I get that what he did was probably morally right but it was still illegal. I'm not sure why everyone is so shocked (SHOCKED, I say!) at the US wanting to prosecute him.
That said, the US would be smart to just forget about the whole thing. The damage has been done and this continued talk about prosecution for Snowden is making him a martyr.
Jews were legally killed as far as the Nazis were concerned.
Just become something is legal - in this case a wrong assertion because spying on citizens is against the constitution so it is illegal - does not mean that it complies with Human Rights.
The fact is that Snowden had the opportunity to quit when he found out what his work was going to entail or what his work was being applied to if he didn't approve. He continued to work and collect a paycheck. He knew he was breaking the law.
As much whining goes on here at HN about the lack of personal responsibility it's ironic that there's a ton of people so willing to not face the facts about the situation.
The action still holds consequences. When a piece of information is kept confidential, the US Government makes that initial decision to do so. Just because it pisses the public off, that is no excuse for anyone to leak information at will, let alone be pardoned for it.
Don't get me wrong. Snowden is a hero, a far braver man than I might have been. But he is still a criminal.
I call bullshit. The government exists to serve the people, not the other way around. What is "legal" or "illegal" is bigger than just what Congress, the President or the Supreme Court think. As they say, "An unjust law is no law at all".[1]
Certainly an arguable point, but it's one I adhere to, and I think a lot of other HN'ers do as well. As well as a lot of Americans, and, for that matter, a lot of people period.
Also, I'm not a lawyer, but I'm pretty sure that the nature of the leak will factor into his trial, which is where it should be evaluated (right?).
And besides troop movements, names and locations of undercover operatives, and other specific information that could get people hurt or killed, why should the government keep secrets from its citizens for any reason? Or what does "consent of the governed" mean?
You've described the loop hole for a slippery slope. And I promise you, the first suggestions would seem so reasonable. After all, you didn't mention the descriptions of the operatives. Or the supplies needed to support the troop movements. Both of which are not specifically described by you, but could easily be used against the troops and agents. Both of which are reasonable to keep secret...
But it's still a slope. We think we are here overnight, but we are not. PRISM didn't just happens. It's been in the making for decades before you were born.
That's the part we need to realize. Obama didn't do this. Bush didn't do this. Hell, your parents didn't do this. We've all done this, one way or the other. We've all been apart of this.
What secret treason courts? Snowden is not charged with treason, and even if he were, he'd be tried in U.S. District Court.
I think you have to consider context. To flip it around, the law may or may not be inherently unjust, but breaking it may well be justified in some circumstances. Nominally, this is part of the reason we have juries, and why juries are able to make their determination on any basis they see fit... so they can allow for this kind of "fuzziness" to the law.
There's also a reason that prosecutors have discretion in choosing what charges to pursue, what sentence to seek, etc.
Now, you can argue that, given our system and all its checks and balances and protections, that Snowden should come home and face a trail in front of a jury of his peers. But you can also argue that, given all the publicity around the case, he's correct in saying that he won't get a fair trail. You could also argue that even a "fair trail" is unfair from the perspective of the individual being judged, if they don't consider themselves guilty of a crime.
At the end of the day, this whole idea of "justice" is not black and white, sadly.
The population overwhelmingly supported oppressing the black minority. But the legal system disregarded what the large majority thought and did the right thing anyways.
Sorry, not enough coffee.
And as a practical matter, the majority of Americans think Snowden should be prosecuted.
http://www.gallup.com/poll/163043/americans-disapprove-gover...
44% say Snowden did the right thing, 42% say it was wrong.
53% disapprove Government surveillance.
59% say it was right for the newspapers to publish the info.
Also: 31% say he's a patriot, 23% say he's a traitor:
http://www.reuters.com/article/2013/06/12/us-usa-security-po...
What "the law" is at any point in time is just a reflection of what men (well, "people") think is just. Except in this country, our political system has become so corrupt that a significant body of what passes for "law" here is total bullshit. People should feel empowered to violate unjust laws. Personally, I encourage everybody to break a few laws each and every day, simply as a matter of principle.
What you mean is that you and your friends think they are bullshit. As far as I can see, they are for the most part quite reflective of what American voters want (or is at least consistent with a compromise position of the wants of the various voting demographics).[1] Most Americans are afraid of terrorism and are okay with some level of government surveillance, though they might quibble about the details. They want the government to be very harsh on crime (and are scared of computer hackers), and want the drug war to continue.[2] They wanted their elected leaders to be Christians, etc. I don't see corruption, I see a reflection of the wants and fears of the people.
Now, I don't always agree with the voter consensus, but, frankly, I'd rather have the laws I disagree with than a system where we ask mindcrime and his friends what transcendent principles should govern the country.
I think somewhere along the way, some people got confused about the precise nature of our society. It is a republic with a strong democratic streak as a result of amendments in the 1800's. The purpose of the Constitution is to enshrine this system of majoritarian rule. "Rights" (i.e. principles by which the courts tell the democratically-elected branches what they can't do) are a part of the foundational principles, but we are not a libertarian society where the fundamental purpose of government is to protect rights.[3] Rights must be respected, but when it comes time to interpret the scope of a right, whether broadly or narrowly, in the face of a conflict with the laws promulgated by the elected branches, I think it's critical to keep in mind that "The United States shall guarantee to every State in this Union a Republican Form of Government" made it to the main body of the Constitution--search and seizure and the other rights were added after the fact.
[1] I think it's a crucially important fact to understanding this country that while Americans hate Congress as a whole, they historically love their particular representatives: http://www.gallup.com/poll/162362/americans-down-congress-ow.... Americans don't hate what their representative is doing (at least historically). They hate what other peoples' representatives are doing.
[2] I think it might be the case now that a slim majority of people might now want to see at least some decriminalization. However, I think the majority of voters still want to wage the drug war. The suburban soccer mom/dad demographic that shrilly preached "Just Say No!" at every school function every American student attended in the 1980's and 1990's is more politically active than ever, and has a good 15+ years of voting left in it.
[3] I think a good example of this distinction is Hong Kong (or at least, the idealized depiction of Hong Kong that is common on HN). Hong Kong doesn't have any democracy to speak of, but it does have a strong history of protecting rights. Many people might find Hong Kong preferable to the U.S. because they care more about rights than democracy.
And?
As far as I can see, they are for the most part quite reflective of what American voters want (or is at least consistent with a compromise position of the wants of the various voting demographics).
Yeah, well, majority rule is bullshit too, so what's your point? The "system" we have in place tries to avoid the "tyranny of the majority" but no political system can ever really avoid some element of that. There's no point pretending that the system we have in place doesn't have flaws, and that individuals are not sometimes justified in stepping outside of that system.
Now, I don't always agree with the voter consensus, but, frankly, I'd rather have the laws I disagree with than a system where we ask mindcrime and his friends what transcendent principles should govern the country.
Then I suppose you should hope that I'm never on a jury. :-)
I don't see corruption
You must not be looking very hard. But, being part of "the system", I guess that should be expected. What we all see is influenced by our fundamental worldview, and you clearly have a fundamentally different worldview than I do. So we'll probably always disagree on this.
If there is an animating principle to the Constitution, I think it's the phrase "consent of the governed." When you tell a starving man he can't kill his neighbor and take his livestock, a freedom of action he was born with and retains in the state of nature, or else some government which has no stake in either his neighbor's property or his huger will punish him, I don't think it suffices to appeal to some supernatural "right to life" or "right to property." I think it is wrong to impose that system on people on any other basis than democratic consensus. And I think there is a reason the founders spent so much ink describing how the U.S. was based on "consent of the governed," a key distinction between the U.S. and Britain, while they were by and large happy to inherit the system of "rights" from common law English principles.
Just because the actions documented in the documents are unconstitutional and hence illegal is an excuse to leak documents that were trying to be hidden.
FTFY
A bad precedent to what, exactly? Other people revealing more potentially unconstitutional actions by the Government of the day?
Firstly, you're implying that Snowden revealed info about current military operations. If you read his comments (eg Guardian Q&A), he makes it clear that his issue is with the suspicionless surveillance and that he took steps to avoid revealing more. If he's shared info of the kind you're describing, please point to it. Otherwise there is no precedent set here.
Secondly, your approach basically boils down to "Don't get in the way of the Military or Governement. Ever." There are plenty of other countries in the world with similar doctrines, which I find ironic. Also, What d'you think about previous whistle-blower actions in US history, like the Pentagon Papers [1]?
The approach doesn't boil down to that hyperbole at all. There's a place for opposition, but I don't see it as among those people who choose to work on classified projects for the NSA and CIA. Compartmentalized security relies on trusted individuals not choosing to make unilateral security decisions. If he wants to resign and then generally oppose governmental surveillance, then he is welcome to do that.
I see the pentagon papers as along the same lines as this. The remnants of my teenage agents sympathize with the whistle blower spirit, but I see this as effectively the same as vigilante justice and blatant disregard of the importance of trust in security and while it may have had positive societal benefits, that doesn't mean there should be no consequences.
This is the same thing except on a more abstract level of illegality.
The actions from what we've seen so far are completely legal; what Snowden did is not. It's incredibly simple.
That's a completely unsupported assertion. Clearly what the NSA has been up to is compatible with a small secretive framework of laws and courts, but a large part of the outcry is due to the fact that this framework hasn't been publicly subjected to Supreme Court challenges, so the compatibility with the larger body of law and the constitution is fairly uncertain compared to things like normal law-enforcement procedures. (If PRISM et al had been thoroughly tested at the Supreme Court level, there would have to have been a decision as notorious as Dred Scott or Roe v Wade, and a corresponding movement to amend the constitution in order to overturn the Supreme Court. Neither has happened yet.)
Ah, innocent until proven guilty and all that!
I am not entirely convinced everything we have seen the US do in this case in legal in international terms. By pressuring countries to ignore the asylum process in order to carry out an illegal extradition is already crossing a line. If he was to be extradited it would be breaking international law.
And the US was one of the primary authors of these international laws, treaties and standards of human rights.
> If he was to be extradited it would be breaking international law.
What international law prevents a country from willingly deporting a foreigner?
In previous cases[2] where people are deported whilst seeking asylum the UNHCR has said:
> UNHCR denounced the move as a violation of the "non-refoulement" policy that prohibits the forced return of asylum seekers to areas where they could face danger – a cornerstone of international refugee protection.
> "We cannot accept that these asylum seekers were deported without a chance to explain their case,"
In my opinion, for the rule of law to stand, the asylum process must conclude before he gets deported.
[1] https://en.wikipedia.org/wiki/Non-refoulement [2] http://www.unhcr.org/3fe98ef84.html
What? No, not at all. I appreciate his actions regardless of the legality, would appreciate them whether or not he chose to reveal his identity, and will appreciate them whether or not he is eventually punished by the US government for what he did.
Are we fighting a war with China?
From Wikipedia:
Oran's Dictionary of the Law (1983) defines treason as "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor.
The point is, if we can argue about it, then there should be a fair trial to determine whether or not it was treason. The president and other leaders saying it's treason doesn't lend itself to a fair trial in the future. The appropriate response is "He committed crimes, we will have a trial to determine the extent of those crimes and whether or not it is treason".
And who do you think will carry out these killings?
(Hopefully you have a credible source to back up your claims...)
He alerted the public to the fact that an arm of the state is flagrantly, knowingly violating the Constitution of the United States. That's not crime, that's patriotism. Why isn't James Clapper being charged for lying under oath to Congress about state surveillance?
By that logic, anyone who freed slaves in the South during the Civil War shouldn't have been pardoned by the states whose laws they broke and prosecuted to the fullest extent.
For that matter, it's probably a good warning against the whole idea of pledging allegiance to a nation-state at all.
Pleading allegiance is an ancient tradition inherited from Kingdoms and Lordships, where the individual was a mere subject of the crown or superior power. Why plead allegiance in our era ?
"According to the United States Flag Code, the Pledge of Allegiance reads: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
The "under God" part was added to distinguish us from 'godless communists'
This is not nearly the first time AI has accused the U.S. of human rights abuses. Just look at the history of the death penalty in this country for one example.
Amnesty International really puts itself in a weird position by using the words "hunt down"... the US has simply made written requests of countries under existing treaties, requests which have been ignored by Hong Kong without immediate consequence. "Hunt down" implies something Seal Team Six-style.
tl;dr: If you punish desirable behavior, desirable behavior won't happen.
I think it's safe to assume there will be punishment if he is extradicted to the land of the free.
Could he really be sentenced to death? I'm not familiar with US law on the subject, so I'm curious. That really sounds scary :\
Death is a possibility, depending on what he is charged with, though given the nature of the case I'd personally doubt the government would pursue it. It is, however, within the realm of possibility, especially after he revealed the anti-Chinese hacking information.
And do not mistake prosecution with guilt.
On one hand, I'm glad he shared what he did, but I also fear what could happen should we blindly believe everything we are told, whether the person telling us is a member of the government, or a member of the government in a foreign country.
Those who look at the issue and arrive at a conclusion.
If you let someone else make that decision for you: if you're unable to make it yourself, how would you confirm they made the right decision on your behalf? And if you are able, why not cut out the middleman?
> If you let someone else make that decision for you...
Keeping this in context (being prosecuted or fleeing), that's what everyone is doing right now: allowing someone else to make that decision. Information being shared is only what interested parties want being shared (Snowden and the Governments).
If Snowden was tried by a jury of his peers, would he be found guilty or innocent? Would he be a whistleblower or a spy?
And yes, I'm ignoring things like would he get a fair trial and all that jazz. I just see what Snowden is doing as a very effective way to play the part of a spy. Sell X information secretly and share Y information publicly. Not suggesting that is what he is doing mind you. I'm just thinking out loud.
> if you're unable to make it yourself, how would you confirm they made the right decision on your behalf?
This happens all the time though. I trust my doctor with my health and my children's health. They explain things, but I still have to trust them. Sure, it's not exactly the same thing, but I feel it's close enough. Basically, I can't know everything about everything. At some point, I have to trust others. Maybe that's too much down the rabbit hole, though. =)
You look at the issue, and then you make the decision to either tell your government to pursue him or tell your government to back off. Everyone gets to finish the sentence "I think the government should..." as they choose.
Of course, if he's guilty of some greater crime, I'd always want to see him punished. For me, it's simple.
But it's really not. It's not as simple as saying you want the government to pursue him or not, especially now when the information is still coming in.
Regardless, this is deviating from my original question, and I think you are missing the point.
That's very general and maybe not very helpful here, but I still wanted to make the point, because I think it's very tragic that we are so eager to hand off our opinions to "experts". I can accept teachers, so that ideally when they're done with me, I'm an "expert", too. But I don't trust those who would just remain as experts hovering in some vague place above you. From what I learned about life so far, those are all hacks.
And if these things are too complicated for regular citizens to understand, then they need to be made less complicated, or we need better citizens. Democracy in an industrialized world is no trivial task.
Basically, I can't know everything about everything. At some point, I have to trust others.
Yes, of course. But you still use indicators for that, yes? If you visited a new doctor, and you heard loud screams, you would slip out again. If a friend recommends a dentist and you're currently looking for a good one, you'll give the recommended one a try first, that sort of thing. I've seen doctors do shit (to others) that made me not EVER trust one blindly. I am usually lucky with mine, but I do pay attention to them, I do second-guess them, I measure up their character, how peaceful and concentrated they are, versus just loud and constantly on the move, etc. At the end of the day, nobody but my own immune system, family and friends truly care about my well-being, to the point they'd loose sleep over it.
I completely agree. And I agree with this as well:
> I think it's very tragic that we are so eager to hand off our opinions to "experts".
But I think it's important to understand that whether you think Snowden is a whistleblower or a traitor, you are making that decision in part based on "experts." You are trusting people who haven't proven themselves to be untrustworthy.
We don't know everything (or maybe we do, it's difficult to say). Sure, we can say "Hey, he told us these things that were true." But I also don't have any reason to trust him outright. So, on one hand, I have valid reasons to distrust the government, but I also have valid reasons to distrust Snowden.
So on one hand, I want to believe he's told the entire story, and is being completely truthful. But on the other hand, on multiple levels he's demonstrated his untrustworthiness.
All those people, even officials who are already yelling traitor and espionage? Restrain those first, show them their place, before you ask Snowden to come into their reach.
Some guy who leaked slides is on the run, while the man with kill lists resides in the White house; there is so much wrong with that picture. Maybe Snowden should get a trial, but not one presided over by a bunch of hardened criminals who just happen to have the law on their side because they can't keep their fingers off it.
In order to really make the determination, you need to have lots of evidence presented to you, hear each side present their case as to why the facts support their position, and have each side answer tough questions about things they are leaving out of their side of the story.
You know, kinda like a trial.
Oh, and it's also very easy to make conclusions from the armchair about how others arrive at their conclusions. It's not like there is no context or continuity at all here, either. It doesn't matter even if Snowden exists; power and transparency are supposed to flow one way, anyone who refuses to play along is to be made an example of. If that's not an old hat to you by now, a repeat of a repeat of a repeat, I just don't know what to tell you.
Unless you're making the case that classified information shouldn't exist at all, in which case espionage can't exist, and the White House would be Tweeting military strategy before it was executed.
I think that is what the OP is exhorting you to access for yourself.
Those things aren't being done to the public. Cripes, man.
"any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee." -- John Donne ( http://en.wikisource.org/wiki/Meditation_XVII )
If someone does something in your name and with your money that you would be ashamed to do yourself, how is that not an attack on you? Honest question.
Yes, and? What difference would there be? The civilians in some third world village would have time to run to the hills, and the US would still get to drop their bombs and use their drones, and weapons and arms manufacturers would still get to supply them. They make just as much money wether they blow up empty space or people, after all.
Sure, it would stem the flow of convenient terrorists which provide the pretext for the fireworks, but you could have undercover operatives do that, and since those also have to get paid by tax payers, it would be a net win -- even more money would be magically generated and trickle down to everybody, yay! We would all move from rich to mega rich, so yes, I would want to make that case, absolutely.
No, you couldn't.
That's kind of the point. When was the last time that actually applied? Cold war, at most.
When was the last time military action by the US meant anything other than pounding peasants into (further) submission? The strategy is outlined, it's for full spectrum dominance. Not defense, conquest. For that reason I think a more apt comparison would be to compare it to someone who gave out secrets about axis operations.
As recently as 1991 or thereabouts.
I would count 2001 myself to dislodge Al Qaeda but I might understand why you wouldn't.
And before 1991, a U.S. warship escorting merchant traffic was almost destroyed by a mine placed into international waters by a fairly advanced Mideast nation, so it's not as rare as you seem to think.
1991? You mean Iraq? "It's only a war when two armies fight" -- Bill Hicks
http://en.wikipedia.org/wiki/Nayirah_(testimony)
^ Explain a stunt like that in presence of an actual, credible threat. I'll wait.
And before 1991, a U.S. warship escorting merchant traffic was almost destroyed by a mine placed into international waters by a fairly advanced Mideast nation, so it's not as rare as you seem to think.
Meanwhile, the US just shoots down an civilian airliner and refuses to even say sorry... http://en.wikipedia.org/wiki/Iran_Air_Flight_655
Anything else? I mean, don't get me wrong. I know it's bully 101 to consider even being looked at the wrong way as an attack, while considering anything defense as long as they are the ones doing it. I also know bullies don't like it when people have sharp bones on which their fists get hurt. But other than that...
> Meanwhile, the US just shoots down an civilian airliner and refuses to even say sorry
But the U.S. did pay reparations. The U.S. should apologize, certainly. But what does that have to do with "wars not involving conquest", which is what I thought you were talking about?
Either way I don't see why you're having to resort to personal attacks.
If you defend yourself, the strength of the attacker doesn't matter as much as if they actually are an attacker. You have to defend yourself either way, and yes, of course you use anything you can to your advantage.
But what does that have to do with "wars not involving conquest", which is what I thought you were talking about?
As much as running over a sea mine? If such an incident is an argument for anything, how much bigger a military apparatus would Iran be entitled to just based on that plane being shot down?
Iraq certainly had a military composed of persons other than peasants, otherwise it wouldn't have been in Kuwait!
Well, I meant peasants in relation to the US, not to their neighbours.
"Nobody" had a problem when Saddam gassed Kurds while he was an ally -- neither with him being a dictator. It was when he disobeyed that he suddenly was this grave threat to everyone and the whole region. That's what I consider bully logic. It wasn't about peace or innocent life, it was about obedience, and even more innocent lifes were ended just to make that point. Twice, because the first time they somehow turned around after defeating Saddam, like saving a dessert for later.
Either way I don't see why you're having to resort to personal attacks.
I did not intend to call you personally a bully, sorry for not making that more clear. And please don't think I believe most nations don't engage in the same hipocrisy and selective indignation, calling a pin prick suffered a holocaust, and a holocaust dished out a pin prick. But the US is currently very good at it, state of the art if you will. That even this might be offensive to some Americans I would have to accept. Those are the choices violence forces on us, once there has been abuse that has not been acknowledged and cleared up, you can't be friends with the abuser without insulting the abused, and vice versa.
Is it unreasonable to expect such a thing? Suppose Snowden beats the odds and makes it to Ecuador. Would you be surprised to hear that he was found dead in his apartment in a year or two? Would you be shocked to learn that the US government was involved?
Why should we trust the US government to follow the laws of Ecuador, Venezuela, or Cuba? Snowden runs a real risk of being covertly kidnapped without regard to the laws of whatever country he happens to be in. He runs a real risk of being killed by a drone strike. The US government has done all of the above in the recent past, to both citizens and foreigners, in various regions and countries.
Yes, because outside of the movies, the USA doesn't seem very good at that sort of thing. How would they seal team six someone out of Moscow, Ecuador or Hong Kong?
Government assassinations? Won't happen because it happens in the movies. High end German automobile catches fire after hitting a tree at 80+mph? Doesn't happen because that is what happens in the movies (Remember the Michael Hastings conversation on HN a few days ago? Assertions that cars don't actually catch fire were running rampant.) Marry your highschool sweetheart and enjoy each others company for the rest of your lives? Won't happen, because that is what happens in the movies. Bad guy gets shot in the arm but keeps shooting a few more times at the good guy? Won't happen, because that is what happens in the movies. (Countless examples of this happening, though tell my mother this and she'll tell you Hollywood is making it up.)
This to me seems a lot more like "hunt down" than "the US has simply made written requests of countries under existing treaties"
I know the scale is different, but logically, what you're saying would be the equivalent of the founding fathers turning themselves in to England instead of starting a revolution.
It's because the vast majority of people disbelieve in liberal democracy. They require heroes and villains in their news stories, and have difficulty acknowledging the existence of people outside of those categories; this is one of the biggest reasons why democracy is difficult.
It is sad that this is pretty much expected from this government the same way the ones among us who grew up in Pinochet's Chile or any other dictatorship could predict from their own government.
"Mr. Snowden's claim that he is focused on supporting transparency, freedom of the press and protection of individual rights and democracy is belied by the protectors he has potentially chosen - China, Russia, Ecuador, as we've seen [...] His failures to criticize these regimes suggests that his true motive throughout has been to injure the national security of the United States, not to advance Internet freedom and free speech."
http://www.reuters.com/article/2013/06/24/us-usa-security-ob...
This one is particularly egregious because it can be turned right back around on the US government which also claims to support transparency, freedom of the press and protection of individual rights and yet it also consorts with despots and dictators.
It's kind of like seedless watermelon - if you want rich, succulent aka "good" watermelon you have to put up with the occasional seed. If you want a guarantee of no seeds then you have to accept a watermelon that doesn't taste anywhere near as "good" - maybe it is passable but it certainly isn't good.
That's not to say that democracy can't be perverted, just that it can't be perfect.
Hilarious, not the least because the White House itself is usually very timid about criticizing China or Russia. Also, what do they expect him to do, step out of the airplane in Moscow and shout "I hate Putin"?
For example: http://edition.cnn.com/2013/06/24/politics/nsa-snowden-optio...
> While it's true that the United States has treaties and agreements with Russia and other countries, those agreements aren't always followed
There is no mention here of a US/Russia extradition agreement: http://en.wikipedia.org/wiki/List_of_United_States_extraditi...
And here: http://www.canberratimes.com.au/world/snowden-affair-turns-i...
> It was not clear if he was speaking of China or of Russia, when he added: “If we cannot count on them to honour their legal extradition responsibilities, then that is a problem.”
Well given that neither Russia or China have extradition treaties with the US, I would hazard a guess they were referring to Hong Kong.
Meanwhile, a few yards from their lovely London HQ, a certain unsympathetic Australian is under indefinite house arrest. When his tribulations first started, Amnesty first stood silent for days, then threw him unceremoniously under the bus. Because evildoers are always somewhere else, never in your own backyard, of course.
alternatively known as, evading UK police by seeking asylum in a foreign embassy
Which is, I believe, is identical to Assange's stance.
http://www.amnesty.org/en/news/sweden-should-issue-assurance...
EDIT: see for example: http://www.huffingtonpost.co.uk/2012/08/16/human-rights-watc...
That being said, it's trivial compared to the conditioning they do in Japanese schools. I.e. all the loudspeaker commands throughout school and the environment.
On, on a positive note, at least it's to a country (ideals) rather than a Queen.
What you fail to understand is that the Queen (or monarchy) also represents the ideals of the country. They are a binding force, that tie us to our past and our future. They hold very little power and have to endure much responsibility (mentoring politicians, representing the country abroad, upholding the values and behavior expected of them) and suffer much inconvenience (media intrusion).
It is also very rare for a pledge of allegiance of any kind in the UK especially in schools (I understand it happens at citizenship ceremonies and in certain public office positions such MPs) - the idea of school children pledging blind allegiance to an entity is pretty horrid in my opinion.
And to be clear, the problem in America is not the flag, but rather the pledge to it. With no daily pledges to the Queen, I definitely don't see a parallel problem.
The royal family is fabulously wealthy and enjoys much celebrity. I wouldn't call that very little power. They might not be able to tell parliament what to do anymore, but it's more power than you or I will ever know. The responsibility and inconvenience, while not zero, seem like a small price to pay for privileges granted by royal blood.
They're like A-list Hollywood actors, except there's almost zero ability to get into the family on the basis of merit. Marriage perhaps.
In Canada, we sing (or used to; been out of school for some time) the national anthem at the start of each day. I think it's the same for most countries.
I wonder how something as explicit as a pledge of allegiance compares to the national anthem in terms of the effect it has on a child's values.
Is privacy even a right in the same sense as other human rights? Human rights are generally about what you CAN do, not about what others (ie.the government) CAN'T do.
He will never have the chance to face his accusers. There will never be a trial. There will be a mostly silent poof in the night, and Mr. Snowden will become another drone strike statistic.