Surprise: President Obama Commutes Chelsea Manning's Sentence
from the about-time dept
Well, here's a surprise. President Obama has just commuted the bulk of Chelsea Manning's sentence, meaning she will be freed this May, rather than having to spend another three decades in jail. Manning, of course, was sent to prison for sharing a large chunk of US diplomatic cables with Wikileaks. Manning was sentenced to 35 years in prison nearly four years ago (with credit for the 3.5 years she'd already been held, often in solitary confinement). Many people were already outraged at the sentence, especially given that there was no evidence of any actual harm from the leaks.There were two big campaigns going on over the past few months -- one to pardon Ed Snowden, and another to commute Manning's sentence. President Obama had already made it fairly clear that he had no interest in pardoning Snowden based on the totally false claim that he could not pardon Snowden prior to Snowden being convicted. In the past few weeks, however, there were at least a few hints and rumors that Obama was seriously considering commuting Manning's sentence, and that led to even more focus on the campaign. Ed Snowden himself also advocated for Manning, even ahead of his own case:
Mr. President, if you grant only one act of clemency as you exit the White House, please: free Chelsea Manning. You alone can save her life.
— Edward Snowden (@Snowden) January 11, 2017
If Obama grants Manning clemency Assange will agree to US extradition despite clear unconstitutionality of DoJ case https://t.co/MZU30SlfGK
— WikiLeaks (@wikileaks) January 12, 2017
Unfortunately, though, it does appear that the likelihood of a Snowden pardon is also almost nil. In discussing today's commutation of Manning's sentence, White House spokesperson Josh Earnest basically argued that what Snowden did was much worse than Manning, because he "fled":
"Chelsea Manning is somebody who went through the military criminal justice process, was exposed to due process, was found guilty, was sentenced for her crimes, and she acknowledged wrongdoing," he said. "Mr. Snowden fled into the arms of an adversary, and has sought refuge in a country that most recently made a concerted effort to undermine confidence in our democracy."While I agree that there was a difference in the types of documents revealed, one might also make the argument that Snowden's leaks revealed much more serious problems and the impact of his leaks were much more important in revealing to the American public abuses by our own government. Separately, the whole "fled into the arms of adversary" thing is silly as well. As has been explained multiple times, Snowden ended up in Russia after the US pulled his passport while he was traveling. And, at the same time, a big part of the reason Snowden left the US was the unfortunate treatment of Manning by the military judicial process. Snowden properly surmised that he would not be treated fairly. And apparently that continues to this day.
He also noted that while the documents Ms. Manning provided to WikiLeaks were "damaging to national security," the ones Mr. Snowden disclosed were "far more serious and far more dangerous." (None of the documents Ms. Manning disclosed were classified above the merely “secret” level.)
Either way, it's good that Manning's sentence has been commuted. It's been clear from many reports that Manning was unlikely to survive the full sentence given to her, and she's been treated horribly in prison as well. It's still too bad that President Obama is unwilling to also pardon Snowden.
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Filed Under: chelsea manning, clemency, commute sentence, ed snowden, julian assange, leaking, president obama, prison, whistleblower
Companies: wikileaks
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Thanks Obama!
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I'm not saying I support Snowden going to prison, nor am I saying that what he did wasn't valuable. It was; but when he chose to flee the country rather than stand up and make his case here, he separated himself from Manning, and ceded at least part of the moral high ground civil disobedience stands on. That he ended up in Russia because his passport was yanked is of little concern; he was intending to flee somewhere that wouldn't send him back to the US, a list that is dominated by US adversaries.
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That'd be one of the four countries that offered Snowden permanent asylum: Ecuador, Nicaragua, Bolivia, and Venezuela. The US trapped Snowden in Russia while enroute. They even intercepted and searched the president of Bolivia's plane to search it for Snowden.
Funny though, I hadn't heard that Bolivia was an adversary or undermined American democracy.
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Snowden, on the other hand, revealed what the government was doing to us, the citizens. More of an embarrassment than life threatening. A true whistle blower.
Snowden deserves the "pardon" (I know I know, he just communicated the sentence) more than Manning.
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It just like the liberals who are all upset at Russia blaming them for Hilary's defeat. It's the not Russians fault that they behave the way they did and wrote the emails that they did, they just got caught. No different with Snowden, how many asshats stood up and predicted armageddon because the leak. No such disaster took place, they bent over backwards trying to denounce and deny the truth. The true turn-coats or the extreme unpatriotic are those asshats in our government that needlessly and recklessly spy on Americans in order to drink up the power.
Bravo Snowden.....for being smart about it.
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Testicular Fortitude
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Keep in mind that more than 3 million people had access to the diplomatic cables, including folks in Australia, Canada, the United Kingdom and New Zealand.
If that information could put real peoples' lives in danger, the stupidity wasn't on Manning's part. I have to wonder if there was an intelligence agency on the planet that didn't already have a copy.
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Nobody is obligated to be a hero.
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Ellsberg's trial was dismissed in 1973 after evidence of government misconduct against him, including illegal wiretapping, was introduced in court. Today the government actions that got the case thrown out of court are legal.
For the two years Ellsberg was under indictment he was free to speak to the media and at rallies and public lectures. Today Snowden would not be allowed out on bail. Instead, he would be in a prison cell like Bradley Manning, incommunicado, in total isolation conditions.
Speak the truth, then run.
- Polish proverb
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What Obama did
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Re: Testicular Fortitude
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That's a pretty blase way of putting it.
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There's never been better advice. It's as true today as any time in history: kill the messenger of bad tidings.
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As Patton said, "The object of war is not to die for your country but to make the other bastard die for his".
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"We tortured some folks"
Pretty dickless to convict, imprison and torture someone for telling the truth. Good for Obama for doing one good thing during his tenure. He could have done better.
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Re: Testicular Fortitude
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Re: Re: WRONG...
Well, it is Russia's fault that they only chose to leak information that was damaging to the Clinton campaign. You don't think they had dirt on Trump too?
I've said this before, but apparently it bears repeating: the content of those e-mails was in the public interest. The provenance of those e-mails is in the public interest too. It's possible to be outraged by the DNC and the Clinton campaign and also to be outraged that a foreign government strategically interfered with our election. It's okay to think two different things are bad.
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Re: Re: Testicular Fortitude
I share your horror (and, presumably, most Techdirt readers') at his expansion of the surveillance state. But people are complicated, history moreso, and a President's legacy is usually not limited to just one thing.
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Re: "We tortured some folks"
So: no more opportunity to work for the government, period. Lots of opportunity for self-employment, motivational talking circuits, working for people who are anti-war, etc.
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Re: Re: "We tortured some folks"
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...he separated himself from Manning, and ceded at least part of the moral high ground ..."
Absolute rubbish
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Nobody is obligated to be a hero.
I do beg your pardon, but I differ with you on that. "When good men see evil and do nothing, evil triumphs."
I argue there every person has a duty to fight evil, injustice, poverty, and hate, and to do nothing about is, at best, moral cowardice.
I don't insist that people die for the fight, just do something constructive to combat it.
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Re: Re: Re: "We tortured some folks"
She's got a tough road ahead of her. But at least it's not going to be as tough as prison.
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Re: Re: Re: Testicular Fortitude
Oh, is that why he appointed Michele Leonhart and Chuck Rosenberg? Because he wanted to end or slow down the drug war?
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Re: Re: Re: Testicular Fortitude
Serious question, what did he do? I can't think of anything off-hand.
Most of the progress I've seen has been by states legalizing medical or recreational marijuana.
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Re: Re: Re: WRONG...
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Snowden is a patriot, he knew about the shit-storm he was conjuring up and still stood tall and hard and did his part. If only half the cowards in this forum were just half the man Snowden is, I would not have to face an uphill battle with all of "it's not our fault for doing nothing to help prevent our government from going south, you are victim blaming, that quote applies to you too wah wah wah... There just is not enough cheese in the world for their whines!
Every citizen of every nation has some small part to play in what their country does. It is just a fact of life. Every time a cop gets away with murder, a politician that gets away with accepting bribes, every law and court that taxes the innocent of their life with false or unjust imprisonment or punishments... we all share a small part of that blame.
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Pardoning or freeing Manning would lead to an outcry: "Why did Obama let that terrorist* go free?! Waaaah!" But commuting the sentence the way Obama did effectively frees Manning (just a few months to go!) while letting the public believe that the evil terrorist* has been punished for her crimes.
* Replace terrorist with your choice of buzzword as desired.
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"...President Obama Commutes Chelsea Manning's Sentence"
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like you?
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let the world economic crisis crush this country
let millions die from lack of medical attention
start another war
allow corporate control of national parks for mining/drilling
privatize education
put social security in the hands of privateers
just add all the things Trump/GOP want
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Re: Re: Re: Testicular Fortitude
Only Nixon goes to China.
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Re: Testicular Fortitude
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Manning compared to Petraeus
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Re: Re: Re: WRONG...
We have a long history of not only interfering in elections but of actively overthrowing (or at least helping others overthrow) Govts that we do not like.
We interfere with other countries more than anyone and then when somebody else does it we act all holier than thou.
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That is not being a hero.
Doing your job, doing what is expected of any reasonable person, is not being a hero.
Being a hero is when someone goes above and beyond what is normal.
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"...part of civil disobedience and protest is standing up and taking responsibility for your actions."
Can you show us where exactly in the rule book is says that? And besides, he has taken responsibility for it, he said he did it.
"Protesting an unjust law is all well and good, but doing it and then running away doesn't make you a hero."
Sacrificing your life in the country of your birth, not being able to see family and friends, and not being able to work in your field of expertise, all for the benefit of the everyone else, seems pretty heroic to me. Why do you have to be throw in jail be be called a hero?
"Yes, Snowden likely would have gotten the book thrown at him, and his life would be substantially worse if he'd stuck around, but that willingness to suffer is part of what makes us respect those who stand up against unjust laws."
That's your opinion only, many others don't require such an extreme level of personal sacrifice to award someone respect.
"...when he chose to flee the country rather than stand up and make his case here, he separated himself from Manning, and ceded at least part of the moral high ground civil disobedience stands on."
Well he was clearly smarter than Manning, because he knew exactly what would happen if he stuck around. Choosing to impale yourself on a manifestly unjust legal system doesn't give you any more moral high ground.
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You do realize that Snowden has ended up under the Russian government, don't you? So that's what he deserved, eh?
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Yeah, Manning got caught (he didn't exactly turn himself in), but Snowden got away. And that REALLY pisses you off, doesn't it?
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Re: Manning compared to Petraeus
It's not so much what you do, but who you are.
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Obama letting the terrorists out of goal.
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Mostly because there is no US Extradition. In fact, it's a funny thing, but 4 days prior to his entry into the Ecuadorian embassy, he had all but been assured that he could not, in any circumstances, be extradited to the US.
The only reason to have gone into that embassy at that time, would have been to avoid extradition to Sweden. Sweden has a prohibition on extradition for political reasons (they'd previously refused to extradite Edward howard who was being charged with Espionage after having defected to the Soviet Union). This is why on August 18 2010 (two days before the allegations were made) he had applied for residency there.
Second, under the Doctrine of Speciality the only way to have extradited him to the US, would be for Sweden to agree (which as I've just noted, they wouldn't) and then for the UK to also agree in accordance with the far stricter UK-Sweden treaty than the US-UK treaty.
Third, the UK was a strange place for someone to go to (especially for 20 months) if they're seeking to avoid US extradition because it has one of the easiest extradition treaties (probably cause is all that's needed).
The only way any of his actions through the 3 year period from September 1 2010 to September 1 2012 makes sense is if he knew full well that there is not, and never was going to be a US extradition. Of course, it kinda helps that the US DOJ has said as much a number of times. However, it's a great claim to play to the fans, and stoke the conspiracy theorists, and hide the fact that, yes, he is just trying to avoid going to trial on the sexual assault allegations, and nothing more.
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Re: "We tortured some folks"
I bet, the cost of having her in prison has been far too high and her situation was extremely awkward since she was in a male prison... If anyting, this is a way to avoid having Mannings expected future suicide wreck havoc on the way US treats prisoners (which is development country level by most statistics)!
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Snowden being able to put out (and prove) his version time and again made a large difference regarding the public's ability to see just how far off the deep end of their own lying propaganda the agencies had gone.
Yes, it did invite the continuous stream of "Snowden should come back and defend his actions in court to the tune of an Espionage Act accusation which explicitly prohibits him from defending his actions in court, the court, and I want to see the bastard hanging from a tree" kind of comment from all sorts of U.S. officials. And some citizens fall for that.
But overall, I think that in the course of the citizens getting a chance to see where they are at with the unaccountability of their ruling class, I very much think that Snowden picked the better course. Not for himself, but for the U.S. It's still up to people to take action, and it very much looks like they won't. But they have a lot more reason to be ashamed for their rulers, and some choose to hate Snowden for it.
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Re: Re: Testicular Fortitude
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Re: "...President Obama Commutes Chelsea Manning's Sentence"
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Re: Obama letting the terrorists out of goal.
We feel honored.
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However, it still leaves a metaphorical stain on his reign as King of America, on the grounds of his administration's frankly insane treatment of people exposing wrongdoing.
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Oh please, by all means do that in North Korea to see how fast you get killed. In the US at the very least you'll only be tortured into suicide and when it fails you'll be double tortured. Yep, Snowden should have stayed for sure.
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YEAH, YEAH, YEAH ! ! ! a teeny, tiny, eensy, teensy amount of justice left in 'merika...
a GREAT American gets a bit of belated justice, just about THE ONLY good thing obama has done...
GO CHELSEA ! ! !
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Re: Re: Re: Re: Re: Testicular Fortitude
But do I get any credit? Nooooo.
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A more dangerous enemy
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Deflection is fun, no?
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That makes it ok then, nothing to see here - move along.
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That poster also thinks babies deserve flashbangs.
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Re: Re: Re: Re: Re: Re: Testicular Fortitude
I didn't think so.
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Re: Obama letting the terrorists out of goal.
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Re: A more dangerous enemy
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Any job which requires winnowing through massive amounts of data to come to a couple of possibilities is up for replacement.
Humans will go back to the creative crafts, arts, minstrels and similar such work
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Doesn't really fit the narrative of "The Russkies done stole our election," does it? Clinton was too flawed to win and in a race between Bad and Worse, the people argued about who was worse and plumped for Trump.
The people wanted change because they're angry because identity politics and ideological correctness on both sides of the aisle are shutting them out. Trumpy McTrumpface was the people crying out to be heard. Flippin' well pay attention: they didn't want more of the same, and that is what Hillary offered them.
Trump offered change, but be careful what you wish for.
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Or perhaps, in some weird sort of way, you mean that nations deserve the government they get while somehow the people of said nations don't? Please, enlighten us.
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New rules of engagement: they're [$derisory nickname] and therefore target practice.
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How many days will this be hidden?
It's posts like these that make me reconsider my perspective on the Ayyadurai lawsuit. Techdirt has always tended to censor and hide voices of wisdom contrary to the pirate party line. I'm really starting to think it's karma.
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Being a hero is by definition exceptional. Men have an obligation to do no evil. Good men may fight evil, and good for them. But all you have to do is not make the world worse.
The difference between meeting expectations and exceeding them.
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Re: How many days will this be hidden?
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* always blame the messenger [they're losers, etc]
* unless the message supports [you]
* never admit you are wrong [trump vs intelligence community]
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Re: How many days will this be hidden?
Techdirt has always tended to censor and hide voices of wisdom contrary to the pirate party line.
Say what? We do no such thing.
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I thought about adding a sentence at the end of my post to the effect of "(Yes, we do it too. That doesn't make it okay.)" I don't know why I didn't.
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Re: Re: Re: Re: WRONG...
Er, they do, all the time?
A Google News search for Comey's name currently turns up 1.4 million results. Pick one of them and see how far you get before the article mentions a liberal criticizing Comey for the announcement the week before the election.
Okay, first match, https://www.lawfareblog.com/six-thoughts-defense-james-comey : sixth sentence.
Second match, http://thehill.com/policy/cybersecurity/314266-week-ahead-comey-under-fire-lawmakers-look-for-russia -response : first sentence.
Third match, http://www.marketwatch.com/story/sanders-says-it-would-not-be-a-bad-thing-if-fbi-boss-comey-stepped- down-2017-01-15 : headline.
Fourth match, http://www.denverpost.com/2017/01/17/why-democrats-should-stop-telling-comey-to-step-down/ : headline.
And so on.
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Re: Re: Re: Re: Testicular Fortitude
He commuted the sentences of more criminals than any President in history, hundreds of whom were nonviolent drug offenders ( http://www.lifezette.com/polizette/the-obama-presidency-by-the-numbers/ ).
He also signed into law a bill to end the disparate sentencing for crack cocaine versus powder cocaine.
Yes, but it's still banned under federal law, and it's up to the Executive Branch to decide whether to continue to prosecute people in states where it's legal. Bush's DoJ prosecuted people who grew medical marijuana; Obama's ended the practice.
Again, "Not as much as I'd like, but more than any other President has in the last half-century."
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Re: Re: Re: Re: Testicular Fortitude
Did you read the second of the two sentences you quoted?
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You seriously think Obama's major motivation for this is that he's totally confident that Julian Assange will do what he said he was going to do?
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Re: How many days will this be hidden?
Shut up, Whatever.
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But hey, I think the time is ripe for it.
"Sir, I think we heard strange sounds reminiscent of Beatles emanating from your car. And I see our copy cat alerting. There is sufficient grounds for suspecting you listening to pirated music, so we'll confiscate all devices possibly involved in illegal music reproduction. Hand over all your smartphones. Your car has a car stereo? I got bad news for you. Say good bye to it. Not the stereo, silly. The car."
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And he already backpedaled on his "promise."
Not unsurprisingly.
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But Guanta... MANNING!
But NSA spyi... MANNING!
But killing dron... MANNING!
But stopping journ... MANNING!
OBAMA is the best president ever! America fuck yeah!
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Re: How many days will this be hidden?
Have a DMCA vote.
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Re: Re: A more dangerous enemy
Selective enforcement and intimidation.
A and B are both on The List.
A is a 'good citizen' and keeps his/her head down, doesn't make waves, doesn't question those in charge, and as such isn't given much attention by the higher ups.
B is not a 'good citizen'. They speak their mind, question statements made by their betters, and have the audacity so suggest that the government might not in fact have their best interests in mind. As a result should B make too much of a hassle the can look forward to 'investigations', a 'few questions', maybe some 'administrative issues' should they try to fly anywhere or apply for a job that requires a background/security check.
If everyone is guilty of something(and with the insane and near countless laws we have that's pretty much a given) then that gives those with the ability to hand out punishments enormous power, both direct and indirect at their discretion and/or whim.
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