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#81 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,336
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The U.S. government forced down a plane carrying the President of Bolivia that they wrongly thought carried Snowden. Unless the Russians put him on a military transport, Snowden's not flying anywhere.
https://www.cnn.com/2013/07/02/world...ane/index.html |
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#82 |
Penultimate Amazing
Join Date: Aug 2007
Location: The Antimemetics Division
Posts: 63,086
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#83 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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Commonlaw (Judge made law) cases work by Stare decisis, where the majority judges make a decision and issue both a ratio for the current case's decision and issue an obiter dictum, that define how the created law applies to lower court cases.
That is how barristers and lawyers introduce the obiters from higher courts in court even though the case is not the same facts. If the facts had to be exact matches, lawyers could not argue the higher decisions in lower court cases.....and yep......I'm a lawyer. Necessity is not justification but may mitigate sentencing under sentencing guidelines. Additionally. despite the war of independence, the USA continued with UK existing commonlaw rulings, and may apply to the court to use subsequent reached obiters across US and other jurisdictions. That's why I had to learn current USA superior court obiters in Australian and international taxation law. |
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#84 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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There would be both criminal charges (beyond reasonable doubt) and a civil claim (on the balance of probabilities) as he signed a contract.
However as Snowden is making roughly USD $200,000 a year on the Russian Federation's sponsored speakers circuit, I doubt he will be leaving Moscow soon. ![]() (I was in Moscow when Snowden arrived) |
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#85 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#86 |
Penultimate Amazing
Join Date: Aug 2007
Location: The Antimemetics Division
Posts: 63,086
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If Snowden is a hero that's trying to make America great again, why is Putin helping him at all?
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#87 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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Same reason he helped McDonald Trumps Make America Great Again. He's an icon of peace and justice.
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"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#88 |
Philosopher
Join Date: Jun 2008
Posts: 6,043
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__________________
We don't want good, sound arguments. We want arguments that sound good. |
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#89 |
Seasonally Disaffected
Join Date: Jan 2003
Location: Chilly Undieville
Posts: 7,312
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"When you believe in things you don't understand, then you suffer . . . " - Stevie Wonder. "It looks like the saddest, most crookedest candy corn in an otherwise normal bag of candy corns." Stormy Daniels I hate bigots. |
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#90 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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Okay, so just out of interest, is there any dispute that he exposed illegal behaviour, even if exposing it was itself illegal?
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Слава Україні! **** Putin! |
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#91 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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__________________
"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#92 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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__________________
Слава Україні! **** Putin! |
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#93 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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Hang on. He released 15,000 Australian and 58,000 UK files and 50,000 to 150,000 USA files.
You would have a hard time in court arguing all those files concerned an illegal activity". Most were about normal secret procedural military activities. That's the dilemma with applying legislated whistle-blower protection. He can't say he saw evidence of a crime in all those files as his reason for acting as he did. Snowden knew that and it will be argued he had the special knowledge that he was handing out secret evidence of both illegal and legal activities. Chris Boyce initially received 40 years, but he didn't claim any of his material was concerning whistle-blowing an illegal activity. |
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#94 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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__________________
"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#95 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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__________________
Слава Україні! **** Putin! |
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#96 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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I am not sure if I understand what you mean. I guess you are being sarcastic here, and saying that you can't trust Trump to do anything as useful as prosecuting illegal activity, but I don't suppose it was merely his responsibility, was it? After all, haven't plenty of Trump's people ended up in jail themselves for certain activities? Roger Stone, Michael Flynn etc... people he has pardoned and some others as well.
Besides, surely some of this could have been prosecuted by the Obama administration. Anyway, this brings me to my other question that I asked earlier: From a utilitarian standpoint, is it better that he leaked it or would it have been better left concealed? |
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Слава Україні! **** Putin! |
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#97 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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The same reason Nixon never went to prison for any of his many serious crimes. Power corrupts, and people treat those aligned with their interests much differently than those who aren't. Obama was, I am told, part of the "deep state" establishment that conducted these illegal activities, while Trump was the populist antidote to that system, who was going to tear it all down. He could have filled the DOJ with loyalists, and ordered them to prosecute, but, apparently, he didn't.
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"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#98 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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I thought he didn't go to jail because he was pardoned.
But okay, if what Snowden revealed was illegal, then shouldn't someone somewhere who was doing the illegal stuff be prosecuted? Then is the defence of the surveillance program merely the same as Snowden's defence of exposing it? Sure, what we did was illegal, but we were doing it for a higher cause? Then will these martyrs allow themselves to go on trial and plead their case? After all, a fair trial means making the same rules for everyone, right? But it seems that they won't even have to go through that inconvenience. |
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Слава Україні! **** Putin! |
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#99 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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You are correct some of the approximate 175,000 files will contain illegal activity and most won't. The prosecutor will identify that to the court and ask the defendant if he undertook any activities to hold those non-illegal files back, knowing they were not illegal. The defendant has the special knowledge to know there is a difference, which exposes him in different ways to different groups of files.
That's the aim of a prosecutor, to separate the various criminal activities and prosecute accordingly. I imagine there will be a range of charges. |
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#100 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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The defendant will have to show he exhausted all other procedural methods of bringing the illegal activities to the attention of authorities. If he does, then he may have a defence or anticipate a mitigated sentence. However it's the other legal but secret activities in files that is going to put him in jeopardy.
( I'm still not sure how he was able to get on a plane to Moscow without his "invitation to Russia" document at departure already lodged. I go through a Russian agency that obtains invitations from the hotels that I am staying at. However, that's another story about why and when he decided to go to Moscow) |
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#101 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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I have been to Russia and received an invitation letter as well. But I was staying there and had to report to some offices in Moscow and St Petersburg.
If you land in Russia on transit to another country, do you need an invitation? I doubt it. My understanding is he was in transit and was stranded in Moscow airport after his onward ticket was cancelled. ETA: sorry, I think I meant his passport was cancelled. |
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Слава Україні! **** Putin! |
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#102 |
Philosopher
Join Date: Jun 2008
Posts: 6,043
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At the time that Snowden stole those files, was the NSA involved in known illegal activities, or was Snowden just upset with activities that he thought were unconstitutional but (as far as the NSA and the government was aware) were perfectly legal?
I find it hard to believe that Snowden had anything that he knew was illegal, since it hadn't been tested in court and he is no lawyer. Did he at any time identify specific events that triggered his decision to become a 'whistleblower', and if so did he try to expose those particular events? Or did he just become jaded regarding the 'wrongness' of surveillance in general, and decided to grab as much as he could for a fishing expedition?
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Take a large enough cache of emails or other documents and troll through them looking for dirt, and sooner or later you find something that might be useful - even if you have to quote it out of context. Once it becomes public people will believe it to be 'true', but also just the tip of an iceberg that may not exist. The damage done by this can be enormous. Take for example climate deniers latching onto certain phrases to 'prove' that global warming is a hoax, or a presidential election being swayed by the contents of confidential party emails that didn't even talk of illegal or immoral actions. Those are two cases where the consequences have been devastating and are still doing irreparable harm, yet the perpetrators were not brought to justice for it. |
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We don't want good, sound arguments. We want arguments that sound good. |
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#103 |
Philosopher
Join Date: Jun 2008
Posts: 6,043
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Perhaps they didn't know it was illegal at the time? Or perhaps it wasn't 'illegal' enough to warrant prosecution. Or perhaps it wasn't illegal at all, just embarrassing.
Edward Snowden: Revelations
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Meanwhile, nobody seems to care that private companies are constantly collecting data on your online activities.
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Motivations
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So the question is, should a 'whistleblower's own crimes be forgiven if he is not revealing any crimes? |
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We don't want good, sound arguments. We want arguments that sound good. |
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#104 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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Sorry, could you summarize for me.
Are you saying that the US government (or agencies) were: a) not doing anything illegal b) were doing something that they didn't realize was illegal This is why I am asking if there is any dispute that he revealed something that is illegal or not. My take is that surely it is not down to whether a court later rules something was illegal. That's always how it works: "Sure, I killed someone for fun with my gun, but until the court ruled I had committed murder, how was I to know it was illegal?" I didn't think that ignorance of the law would be an excuse in any situation, and seems even less plausible if we are talking about government behaviour. Beyond that, "other people do this" is not an excuse either. "Why did I get done for pirating DVDs, what about all those other people using torrents to pirate their stuff. UNFAIR!!" That said, maybe you have hit on something here: "nobody seems to care that private companies are constantly collecting data on your online activities" Maybe this is it. Perhaps it explains why Snowden seems to draw a lot of ire for his illegal behaviour ("releasing classified documents"), but nobody is really that upset if the government is surveilling its citizens ("Hey, whatchagonnado? They do shady stuff. That's just what they do!"). Maybe everyone is inured to it. |
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Слава Україні! **** Putin! |
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#105 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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Do you think he would be transiting to Ecuador, by going through Moscow, from Hong Kong, on Aeroflot Flight SU213 ? Why not fly direct to Ecuador from Hong Kong?
Soooooo......he became aware his passport was cancelled and got off the plane in transit in Moscow rather than wait for the connecting flight to Ecuador? Are you starting to see the problems. |
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#106 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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I don't know. He hasn't been cross examined in court, has he? I can't say what the defendant was thinking unless I have supporting evidence.
I agree with you. I do not know what evidence exists as to his motive. However it would be hard to argue he thought he was a protected whistle-blower if he released other documents without any review of whether they were legal activities at all. Additionally, how would he assess Australian secret activity information? ![]() To be frank, how would he understand the legal or illegal use of things like Australia's use of passive anti-submarine listening cables discussed in files. It does suggest he took what he could with the hope experts could interpret content later. ![]() |
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#107 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 33,740
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__________________
Слава Україні! **** Putin! |
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#108 |
Illuminator
Join Date: Oct 2009
Posts: 4,094
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#109 |
Philosopher
Join Date: Jun 2010
Posts: 9,286
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#110 |
Philosopher
Join Date: Jun 2008
Posts: 6,043
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Not ignorance, interpretation. We have so many laws, and many of them conflict with others or are ambiguous, which is why they have to be tested in court. Until a law is tested in court, you can't know for sure that someone is breaking it.
Our government makes the laws, so you would think they would be in a better position to know what they mean than us. I am pretty sure that Snowden was more ignorant of the law than the government's lawyers who were advising the NSA on what they could legally do, so if anyone 'had no excuse' for being ignorant it was Snowden.
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But there are many people who have something to hide for various reasons, who are worried that it might come out - and don't seem to understand that the NSA isn't interested in their little secrets. These people would rather we suffered another 911 than risk the wife finding out what they were really doing when 'working late at the office' etc. Personally I don't think the government is doing enough surveillance, partly due to capabilities taken away from them by Snowden, and partly because they are now too scared to do what they should be doing because it might be deemed 'illegal'. If I was in control I wouldn't hesitate to monitor potential terrorist activities using all the tools available. I would also keep a very close eye on libertarians and anarchists like Snowden, other nutcases like the Qanon crowd and cult religions, and even trolls who are just in it for the 'lols'. These people are a real threat to our national and personal security, so we have a valid reason to keep them under surveillance. Sadly we currently have a president who has managed to replace real intel with nutty conspiracy theories and self-serving lies, and Snowden is partly to blame for it. He sowed the seeds of mistrust in government institutions, and Trump nurtured them. Now we have over 2,000 people dying every day because too many people so mistrust the government that they won't listen to common sense. Snowden helped create that situation, so he has a lot to answer for. |
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#111 |
Hipster Doofus
Join Date: Nov 2006
Location: Nutsack, FL
Posts: 2,447
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Wonder how Snowden is doing since he became a Russian citizen back in September, what with the sanctions and all, and I also wonder what his position on the special military operation may be.
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Knowledge is good.... Emil Faber |
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#112 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,336
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#113 |
Philosopher
Join Date: Aug 2006
Posts: 7,232
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#114 |
![]() Join Date: Jun 2004
Location: Monkey
Posts: 64,874
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You added nothing to that conversation, Barbara. |
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#115 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,336
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#116 |
Penultimate Amazing
Join Date: May 2007
Posts: 10,030
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__________________
"To me, Hitler is the greatest man who ever lived. He truly is without fault, so simple and at the same time possessed of masculine strength" -Leni Riefenstahl Wollen owns the stage
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#117 |
Philosopher
Join Date: Jan 2003
Posts: 8,512
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It's winter there so wherever he is he's probably snowed in.
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#118 |
Penultimate Amazing
Join Date: Aug 2007
Location: Sacramento
Posts: 57,259
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__________________
Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty. Robert Heinlein. |
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#119 |
Penultimate Amazing
Join Date: Aug 2007
Location: Sacramento
Posts: 57,259
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__________________
Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty. Robert Heinlein. |
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#120 |
Philosopher
Join Date: Jun 2008
Posts: 6,043
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Not 'the West', governments - in particular the US government. Russia hates the US government too, so in a way it makes sense that they wouldn't be too concerned about Snowden being holed up in Russia. Anywhere outside the reach of the US government is OK to them.
It's very naive, but we have seen plenty of that where Russia is involved. People with (possibly justified) grievances against our own governments don't realize how much worse it is in Russia. But some just don't care. they are so blinded by their hatred of one enemy that they will willingly jump into bed with another. |
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