Quote of the day

John Kerry, a crude opportunist by trade and need, recently dismissed Edward Snowden’s manhood — his virtù, to use the sense of the word given to it by Niccolò Machiavelli. David Lindorff rightly took issue with Kerry’s denunciation of Snowden. He concluded thusly:

Kerry has no right to question anyone’s “manhood.”

Having John Kerry tell someone like Snowden to “man up” is the moral equivalent of Richard Nixon telling someone to follow his conscience or Bernie Madoff telling a homeless beggar to get an honest job.

Snowden would have to be crazy or a masochist to come back to the US and submit his fate to the “American justice system” touted by Secretary Kerry.

Without a doubt, Edward Snowden in his person and actions more concisely expresses the sense Machiavelli gave to this term than Kerry ever had, even if we include the Kerry who opposed the Vietnam War. Machiavelli would have praised Snowden’s ferocity and bravery, his tactical and strategic senses and even his patriotism. He would have appreciated Snowden’s audacious project, one which originated in his stated hope to help put an end to America’s emerging tyranny. He would have considered Snowden a fellow republican. On the other hand, Machiavelli would have judged Kerry to be a faithless mercenary, and a source of corruption.

The rule of law in America today

Does it exist? Is the United States a Nation of Laws? It is clear that some rules do exist. But do they conform to the spirit and letter of the rule of law doctrine?

Glenn Greenwald thinks not. He recently identified four rules of American justice:

(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.

(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.

(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.

(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage — and will have the full weight of the American criminal justice system come crashing down upon you.

It is thus clear that some Americans are not subject to the rule of law. The rule of law makes sense only when everyone is subject to the same laws. The United States is not a country governed by laws.


Update

David Dayen of FireDogLake walks over some of the same ground as Greenwald:

The Administration has reserved some of its most punitive uses of their prosecutorial discretion for government leakers and whistleblowers. Government information gets leaked all the time, of course, often by official sources doing so on behalf of the Administration for political reasons. But no Administration has prosecuted as many government officials for leaking as this one; in fact, the six criminal cases are more than all other Presidents combined. It has unquestionably had a chilling effect on other whistleblowers. The case against former NSA official Thomas Drake, which thankfully collapsed last year, is the most celebrated of these cases. But the inadequacy of that case has not stopped the Justice Department from continuing to wage war on leakers.