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View Diary: Tom Drake on Kos re: NYT Article on Espionage Act de facto Official Secrets Act (142 comments)

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  •  Espionage Act and 793(e) (3+ / 0-)
    Recommended by:
    lysias, aliasalias, allenjo

    Important to note in terms of the law that Title 18, 793(e) of the Espionage Act was not "in force" and did not even exist in 1941 when the 'Gorin vs the United States' case took place.

    In fact, 793(e) was added to the Espionage Act due directly to the National Security Act of 1950.

    Why? Senator McCarran from Nevada had chaired a number of hearings in 1949 (some have said that McCarran out McCarthy-ed Joe McCarthy), and was personally responsible for adding 793(e) to the Espionage Act in order to specifically deal with Alger Hiss and the so-called "Pumpkin Papers."

    I was charged by the government in their April 2010 indictment against me with 5 felony counts for allegedly violating the 793(e) paragraph of the Espionage Act.

    For all their ambiguity and questionable legal standing,
    793(e) and the other paragraphs of 793 of the Espionage Act were designed to go after spies and not whistleblowers.

    The government chose to take 793(e) completely out of context and use it as battering ram against me as an American (who had taken the oath four times as a public servant to support and defend the Constitution), out of sheer vindictive and malicious spite, reprisal, retaliation and retribution to send a most chilling message.

    We will hammer you hard and good, if you choose to blow the whistle on government wrongdoing, malfeasance, high crimes, and illegalities or embarrass us.

    These are the hallmarks of despotism in silencing critics and those deemed no longer loyal to the national security state, not the characteristics and principles of a responsible and accountable government in a Constitutional Republic that is supposed to enshrine the very foundations and practices of a democracy.

    In fact, this Administration has chosen to use the Espionage Act against non-spies who are American citizens more times than all previous Administrations combined.

    I never thought I would live to see the day in this country where the tactics of the Stasi from the former East Germany and dictatorial regimes who use secrecy and surveillance to control and monitor its own population, are employed against those who dare dissent and speak out in this country and simply expected that the government would follow the law and not use it to hide itself away from the eyes of the public or engage in behavior and policy anathema to our form of government.

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