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View Diary: Kafka: Gov't Tries Barring Newspaper Articles, Whistleblowing & Over-Classification at Drake Trial (13 comments)

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  •  This law was World War I era. (2+ / 0-)
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    MrJayTee, geraldlaslo

    And the answer is not to make some innocent guy face trial in the hopes that the judge will clarify the law.

    The Canary in the Coalmine is available for purchase at

    by Jesselyn Radack on Fri Mar 11, 2011 at 06:36:06 AM PST

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    •  If the Congress doesn't correct, (0+ / 0-)

      then the judiciary is the only alternative.

      by hannah on Fri Mar 11, 2011 at 07:01:57 AM PST

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      •  If the DOJ ignores bad law like the Espionage Act, (1+ / 0-)
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        than it decays on its own and no one gets hurt.

        The Canary in the Coalmine is available for purchase at

        by Jesselyn Radack on Fri Mar 11, 2011 at 07:03:34 AM PST

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        •  Innocent people are constantly being (0+ / 0-)

          hurt.  Whatever our ideals, the reality is that from its founding the U.S. has specialized in depriving humans of their rights as persons under cover of law.
          It wasn't just the ownership of alien captives that was considered legal.  Wives, children and indentured servants were/are considered to be property -- i.e. owned by somebody in the "ownership society."  And, while persons can no longer be enslaved without their consent (unless they are convicted of a crime), when people agree to military service, they effectively consign themselves to voluntary servitude, which can be converted into the involuntary kind, as "stop loss," with the stroke of a pen.  This is not ancient history.  DADT was passed in 1993, the draft is still on the books, and children have no rights until they are "emancipated" at age 18.  The latter likely accounts for why the U.S., along with Somalia, hasn't ratified the Convention on the Rights of the Child.
          Never mind that when people sign employment contracts they effectively sign away their human rights in exchange for food and drink and shelter.  The right to life obviously does not include a right to live.

          by hannah on Fri Mar 11, 2011 at 07:31:24 AM PST

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          •  I get what you're saying. (0+ / 0-)

            But there are a lot of old, bad (and probably unconstitutional laws on the books, for example about sodomy, and they shouldn't be there, but no one is trying to appeal or adjudicate them because the government is not using those laws to go after anyone.

            Here it has dredged up a fairly dormant law and is going full tilt with it against whistleblowers.

            The Canary in the Coalmine is available for purchase at

            by Jesselyn Radack on Fri Mar 11, 2011 at 09:12:26 AM PST

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            •  Fine, we'll get rid of it. (0+ / 0-)

              Government by the people is a fairly new concept as far as its potential for realization is concerned.  Prior to 1946, public officials enjoyed "sovereign immunity" and could not be held to account.  By tradition, prosecutors still enjoy absolute immunity in the performance of their official duties.  Law enforcement officers have "qualified immunity"--i.e. if they follow established procedures, they cannot be held personally liable for injury, including death, unless some personal motivation can be demonstrated (ambition or rank promotion doesn't count).
              We are a long way from elevating human rights to primacy of importance.  Property rights still claim that position.  People who own stuff have more rights than people who don't.


              by hannah on Fri Mar 11, 2011 at 09:30:48 AM PST

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