This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.


  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

      Fire Dog Lake wrote an article trying to explain the unconscionable position of the Obama Administration to be able to fire a government employee who testifies under oath.  It would not matter whether or not that person is subpeonaed or not.

      Their flawed reasoning is that the employee would have information that was not available to the general public, and therefore exposing that information in a court of law is tantamount to treason of the employer and a firing offence.

      This position is key to their argument against whistle blowers who give information to the FBI or other agencies to bring forth corruption, fraud,  and other charges against their employer (the US government)  .  

      The first amendment is being challenged because the Obama administration doesn't feel that free speech should be extended to testifying under oath at court proceedings.  They are arguing therefore that it would be in an employees interest to LIE under oath in order to keep their job.  This leaves an employee in an untenable position to either follow the law to tell the truth about a matter or to lie and/or plead the 5th in order to keep their job.  

The case that was heard was Lane v. Franks and SCOTUS is struggling to come to terms with the Obama Administrations argument.  Links are below to the FDL article as well as the transcripts in the SCOTUS arguments.



You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

    Do you think the Obama administration is right or wrong in their arguments?  



Extended (Optional)


Is the Obama administration right in trying to stifle free speech in a court of law?

21%13 votes
77%47 votes
1%1 votes
0%0 votes

| 61 votes | Vote | Results

Your Email has been sent.