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

[David Farber <dave () farber net>]

Begin forwarded message:

From: Gene Spafford <spaf () cerias purdue edu>
Date: May 14, 2006 8:08:41 PM EDT
To: dave () farber net
Cc: ip () v2 listbox com
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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