[governance] Fwd: Ellsberg: Snowden saving us from United Statsi of America

[Riaz Tayob]

When the tide goes out, we see who is not wearing a bathing suit...

  Edward Snowden: saving us from the United Stasi of America

Snowden's whistleblowing gives us a chance to roll back what is tantamount
to an 'executive coup' against the US constitution

   -  [image: Daniel Ellsberg]
   <http://www.guardian.co.uk/profile/daniel-ellsberg>
   -
      -  Daniel Ellsberg <http://www.guardian.co.uk/profile/daniel-ellsberg>
       - guardian.co.uk <http://www.guardian.co.uk/>, **Monday 10 June 2013
      11.30 BST**

 In my estimation, there has not been in American history a more important
leak than Edward Snowden's release of NSA
material<http://www.guardian.co.uk/world/2013/jun/09/edward-snowden-nsa-whistleblower-surveillance?guni=Network%20front:network-front%20full-width-1%20bento-box:Bento%20box:Position1>–
and that includes the
Pentagon Papers, for which I was responsible 40 years
ago<http://en.wikipedia.org/wiki/Pentagon_Papers>.
Snowden's whistleblowing gives us the possibility to roll back what has
amounted to an "executive coup" against the US constitution.

Since 9/11, there has been, at first secretly but increasingly openly, a
revocation of the bill of rights for which this country fought 200 years
ago. In particular, the fourth and fifth amendments of the constitution,
which safeguard citizens from unwarranted intrusion by the government into
their private lives, have been virtually suspended.

The government claims it has a court warrant under Fisa – but that *warrant
is from a secret court*, shielded from effective oversight, and with the
broadest possible interpretation. *This makes mockery of the rule of law*,
let alone of the bill of rights. As Russell Tice, a former National
Security Agency analyst, put
it<http://www.guardian.co.uk/world/2013/jun/06/obama-administration-nsa-verizon-records>:
"It is a kangaroo court with a rubber stamp."

For the president then to say that there is judicial oversight is a
nonsense – as is the oversight function of the intelligence committees in
Congress. The fact that their leaders were briefed on this and went along
with it, without question, only shows how broken the system of
accountability is in this country. As the founder James Madison
wrote<http://www.goodreads.com/author/quotes/63859.James_Madison>
:

"The accumulation of all powers, legislative, executive, and judiciary, in
the same hands, whether of one, a few, or many, and whether hereditary,
self-appointed, or elective, may justly be pronounced the very definition
of tyranny."

When national security is invoked in the United
States<http://www.guardian.co.uk/world/usa>,
that is what we now have. *In effect, Congress has delegated its
responsibilities and powers to the executive. The oversight structure has
been shown to be a total sham: the congressional committees concerned have
been totally co-opted. They are simply black holes of information that the
public needs to know.*

The surveillance <http://www.guardian.co.uk/world/surveillance> revealed by
*Snowden's disclosures exposes this executive coup*: that this is done with
Congress briefed, but without the ability to resist or even debate the
measures openly, makes a mockery of the separation of powers. What has been
created is the infrastructure of a police state.

I do not say that the United States is a police state. We have not seen the
mass detentions that would complete that process. But given the extent of
this invasion of people's privacy <http://www.guardian.co.uk/world/privacy>,
we do have the electronic and legislative infrastructure of one. If, for
instance, there was now a war that led to a large-scale anti-war movement –
like the one we had against the war in Vietnam – I fear for our democracy.
If the government had then had the capability that it has now, I do not
doubt there would have been mass detentions. These powers are extremely
dangerous.

In 1975, Senator Frank Church spoke of the National Security Agency in
these terms <http://en.wikipedia.org/wiki/Church_Committee>:

"I know the capacity that is there to make tyranny total in America, and we
must see to it that this agency and all agencies that possess this
technology operate within the law and under proper supervision, so that we
never cross over that abyss. That is the abyss from which there is no
return."

I would say we have, in fact, fallen into that abyss. *The
**NSA<http://www.guardian.co.uk/world/nsa>
**, **FBI <http://www.guardian.co.uk/world/fbi>** and
**CIA<http://www.guardian.co.uk/world/cia>
** have, with the new digital technology, surveillance powers that the
Stasi in the former East Germany could only have dreamed of. What has been
feared and warned about has come to pass. The so-called intelligence
community has become the United Stasi of America.*

The question now is whether Senator Church was right or wrong that crossing
the abyss was irreversible. Three days ago, I would have agreed that
effective democracy was now impossible. But with this brave man Snowden
willing to put his life on the line to get this information out, creating
the possibility that others will join him, I think we can get back across
the abyss.

Whereas Bradley Manning <http://www.guardian.co.uk/world/bradley-manning>'s
access was very much more limited, to field-level information, Snowden's
knowledge of his field is deep and extensive. The material he has released
is higher in classification than what I had with the Pentagon Papers.

*There are reasons for secrecy that have legitimacy, but what is not
legitimate is to use that secrecy to hide action that is unconstitutional.
Neither the president nor Congress may revoke the fourth amendment – but
that's why what Snowden revealed was secret.* His action does not deserve
prosecution or punishment; rather, he deserves our thanks and admiration.
"Courage on the battlefield," said Bismarck, "is a common possession", but
even "respectable people are lacking in civil courage." Snowden has
displayed enormous civil courage.

What I said 40 years ago was that I didn't care what they said about me;
"just read the documents". To protect other people, I revealed what I had
done so that I could say, "I did this on my own," without the knowledge or
help of other people who might be suspected. We already know that the
Department of Justice has ordered an investigation into the leak. So
Snowden has done the same.

By being out in the open, Snowden could now testify before Congress under
oath – if it calls on him. He could not do that if he were still anonymous,
or if he were in this country. In 1971, I was on a $50,000 bond for my role
in the release of the Pentagon Papers, but in this climate Snowden would
not be on a bond; he would be in jail – just like Brad Manning – without
bail and incommunicado.

Snowden did what he did because he recognised the NSA's surveillance
programs for what they are: dangerous, unconstitutional activity. This
wholesale invasion of Americans' and foreign citizens' privacy does not
contribute to our our security; it puts in danger the very liberties we're
trying to protect.


<http://www.zerohedge.com/news/2013-06-09/nsa-whistleblower-reveals-himself>
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