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In reply to the discussion: Snowden signed a non-disclosure agreement to get the Federal security clearance [View all]MADem
(135,425 posts)132. He is an old man who was operating under very different rules.
I don't think he was working under a terribly robust security agreement. He never had to sign the type of documentation that has been common since the Walker spy scandal and Pollard and Hansen, etc. There was never any dedicated OPSEC or nondisclosure training, either way back when that unambiguously spelled out his responsibilities, and the espionage law also had a lot of wiggle room in it. And he--or a third party--wasn't going to gain from his disclosure.
Despite strong evidence that Ellsberg copied classified government documents and gave them to the press, the government's case against him was not without problems. Federal espionage laws targeted most clearly those who provided foreign governments with classified information, not those who gave documents to members of Congress or the American press. Even the theft charge raised issues, as the defense would argue that Ellsberg--unlike the vast majority of "thieves"--sought no personal advantage, or advantage for any third party, from copying documents. The defense could also raise issues about whether an historical record, such as the Pentagon Papers, could properly be classified "top secret." Still, as defense attorney Leonard Boudin told Ellsberg, "Let's face it, Dan. Copying seven thousand pages of top secret documents and giving them to the New York Times has a bad ring to it."
http://law2.umkc.edu/faculty/projects/ftrials/ellsberg/ellsbergaccount.html
Of course, the icing on the cake that put Ellsberg in the Get Out of Jail Free Zone was the egregious misconduct and blatant criminality by Nixon's White House--they broke into Ellsberg's shrink's office, they thought about having the guy killed; it was just very much Over The Top and tainted the proceedings completely. Had they played it straight, though, and not tried to pervert the course of justice, Ellsberg still may have walked--a jury nullification wasn't beyond the realm of possibility.
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Snowden signed a non-disclosure agreement to get the Federal security clearance [View all]
pnwmom
Jun 2014
OP
They are disgusting, but this is not the same thing if they are speaking of their
karynnj
Jun 2014
#27
I have heard he was a frequent user of blinders, tenting over his monitor, guess this should have
Thinkingabout
Jun 2014
#37
If he can't name one thing the NSA does that is illegal, what kind of whistleblowing is that?
randome
Jun 2014
#6
Illegal, yep Snowden was illegal in disclosing anything to non authorized people. There are good
Thinkingabout
Jun 2014
#39
I have thought for a while this is an evil stunt or conspiracy, time will tell.
Thinkingabout
Jun 2014
#120
Your response is nonsense. "65 Things We Know About NSA Surveillance That We Didn't Know a Year Ago"
Hissyspit
Jun 2014
#20
4. Legal when a foreign suspect contacts someone in America. Would you prefer we ignore it?
randome
Jun 2014
#22
Have you ever made a keystroke mistake? If you have then it would be counted as a part of the 2776
Thinkingabout
Jun 2014
#40
This would be a rogue employee and if discovered there would be actions taken.
Thinkingabout
Jun 2014
#54
Eh. It could have been an inadvertent error. Maybe the table names are too close, who knows?
randome
Jun 2014
#58
Yes it could be an input error but I would like to know if the operator learned of any information
Thinkingabout
Jun 2014
#81
EXACTLY!!! Also if we ALREADY KNEW what was happening through PREVIOUS reports what the fuck was
uponit7771
Jun 2014
#36
Just point out being a hero to some does not make the person a good person or a hero.
Thinkingabout
Jun 2014
#67
That fact does not change the fact he did the nation and the world a huge favor..........
Swede Atlanta
Jun 2014
#11
Are you going to be unhappy when it may be your time to start your Social Security. You know they
Thinkingabout
Jun 2014
#43
And every government official takes an oath to protect the Constitution of the United States
fasttense
Jun 2014
#15
The FISA law that allowed this passed first in August 2008 --- when did the Supreme Court
karynnj
Jun 2014
#32
The Fourth Amendmend allows for searches with a warrant, guess you do not think the Constitution is
Thinkingabout
Jun 2014
#44
Depends who owns the phone records -- and for decades it has been the phone companies
karynnj
Jun 2014
#73
Actually wiretapping has required a warrant for many years. Law enforcement has pull the
Thinkingabout
Jun 2014
#78
You are very wrong, it may not in the positions in which you have held but it is if you work for
Thinkingabout
Jun 2014
#45
Have you heard about charges of espionage against Snowden? Have you heard he is "afraid" of
Thinkingabout
Jun 2014
#52
When the disclosure is a criminal offense then it carries penalties and or fines.
Thinkingabout
Jun 2014
#72
It may not matter to the non disclosures you are associated with but as you see it has made a
Thinkingabout
Jun 2014
#102
Then why are you arguing the non disclosure does not make any difference.
Thinkingabout
Jun 2014
#106
What do you know about the non disclosure involving the NSA? Have you read it? If you
Thinkingabout
Jun 2014
#108
Does that mean it's okay if you stole national security documents and fled the country?
randome
Jun 2014
#110
Would you want your bank, credit card, medical, communications provider to release your information?
Thinkingabout
Jun 2014
#49
Oh, bull. Despicable here is pretending a non-disclosure agreement outranks the Constitution.
woo me with science
Jun 2014
#61
Your interpretation of the Constitution obviously differs from that of the Supreme Court
karynnj
Jun 2014
#68
"third way verbiage thrown at anyone who is not a libertarian on this issue..."
woo me with science
Jun 2014
#114
Nothing was revolting here except the attempt to divert from the very lucid point made
woo me with science
Jun 2014
#82
Note that that poster's post was hidden - because it was an outrageous equivalence
karynnj
Jun 2014
#89
Halliburton gives out NDA's by the bucketfuls too. And for the same reasons too...
Pholus
Jun 2014
#34
I agree to not to snitch on our government if and when they do something wrong. Nice.
L0oniX
Jun 2014
#76
And remember that your signed NDA trumps any type of US Constitutional Oath you vow
nolabels
Jun 2014
#134
There are no words I can possibly put together to properly express my complete befuddlement at
TheKentuckian
Jun 2014
#129