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OpEdNews Op Eds    H2'ed 9/18/13

Will Eric Holder guarantee NSA reporters' first amendment rights?

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"I've been waiting 40 years for Edward Snowden, and his revelations are the most important in US history, including the Pentagon Papers."

Despite the importance of his revelations, the US purposefully stranded Snowden in Russia by canceling his passport while he was in transit from Hong Kong to Russia, essentially forcing him into exile.

We already know the government will attempt to intimidate and crush whistleblowers who challenge national security state orthodoxy. Genuflect and get in line -- or pay the heavy cost. Look no further than Thomas Drake, Bill Binney, and J Kirk Wiebe, three NSA whistleblowers whose homes were raided and lives were destroyed for the cardinal sin of informing the American public about crimes committed by their government.

It's hard to blame Snowden for not wanting to come back and rot in a US jail. Chelsea Manning spent three years in jail awaiting trial, nearly a year of it in torturous conditions. She has now been sentenced to 35 years in prison for leaks exposing war crimes, which have been almost universally acknowledged as having caused no real harm to the US, while those recorded in the "Collateral Murder" video have gone uncharged.

Mr Snowden may have the faint suspicion that his rights would not be protected -- given that a prosecution under the Espionage Act would leave him no way to mount a public interest defense if he came back to stand trial. Often, we export our US ideals, sometimes rightfully, sometimes tragically. Now, our action is drenched in irony: Russia is providing safe haven to our American whistleblower, and East Berlin, where the Stasi once roamed, is now where journalists and privacy rights advocates feel safe to work.

Not so in the US these days, it seems. Whether whistleblower, source or journalist: expose crimes, become the hunted. What must students think when they see some of the brightest minds -- and the fiercest watchdogs -- of a generation unable to practice journalism in America?

Hunter S Thompson once said:

"History is hard to know, because of all the hired bullshit, but even without being sure of 'history' it seems entirely reasonable to think that every now and then the energy of a whole generation comes to a head in a long fine flash, for reasons that nobody understands at the time -- and which never explain, in retrospect, what actually happened."

He spoke of the end of something -- a great wave and the attendant forces and counterforces at play. Now one can feel the rising tide and a see a new wave forming on the edge of the break. Perhaps, soon we can paraphrase the Good Doctor: and with the right kind of eyes almost see the high-water mark of the surveillance state... that place where the wave finally broke and rolled back.

If we want that moment, we need to stand with those brave enough to confront the crimes of our current national security state. Just two months before the UK gave the US its absurd "heads up" about David Miranda's detention, Eric Holder vowed not to prosecute journalists, saying:

"The Department [of Justice] has not prosecuted, and as long as I'm attorney general, will not prosecute any reporter for doing his or her job."

That begs the question: will the attorney general, as chief law enforcement officer of the country, now go on record that he will guarantee the safe return and safe passage of journalists who have exercised their rights under the first amendment?

Or would we accept the creation of a generation of exiled watchdogs, who are trying to hold their government accountable from afar?

*This article received some minor editorial amendments at the request of the author, at 1pm (ET) on 18 September



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