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[IP] more on Whistleblower outs NSA's secret spy room at AT&T




Begin forwarded message:

From: Gene Spafford <spaf@xxxxxxxxxxxxxxxxx>
Date: May 14, 2006 8:08:41 PM EDT
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx
Subject: Re: [IP] more on Whistleblower outs NSA's secret spy room at AT&T

A traitor is someone who commits treason. Under US law a traitor would be someone found guilty based on the definition in law of "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies..." (18 USC 2381).

Someone who, out of a sense of duty to protect the Constitution and laws of the US, exposes conduct that may be criminal would not meet that definition. He/she might be guilty of other infractions, including disclosure of classified information, but unless the intent was explicitly to aid an enemy of the United States, that is not, strictly speaking, traitorous.

Anyone with a security clearance, a military commission, or Federal office swears an oath to uphold the Constitution and the laws of the United States. If that person observes activity that he/she judges to be violations of the Constitution committed under color of authority, then how can the oath be upheld without possibly disclosing information? Given a choice between upholding the Constitution or being compliant with orders intended to cover up violations of law seems to be clear although potentially fraught with personal danger.

Someone in the role of "whistle-blower" about potential violations of law might be mistaken and might also eventually be judged felonious. However, it is also possible that the person is a patriot in one of the strongest senses of the word -- someone willing to sacrifice his/her safety in defense of the founding principles of the country. Courageous is another word I would think applies.

Of course, our elected representatives have also taken that oath, and the President has taken an oath to enforce all the laws of the country. As a population, we haven't done very well holding those people to their oaths of office, and they have shown little respect for patriotic dissent. When political loyalty and fear trump the willingness to protect and defend the core principles on which the country was founded against threats of any kind -- including internal -- then we have lost something precious and fundamental. What could be more in the service of our enemies than to quash dissent, demonize those of good faith who don't agree blindly, and retaliate against those who commit acts of courage intending to help protect our freedoms? The irony is quite evident...and painful.


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