Since the prosecutions of whistleblowers, the abusive treatment of [Bradley] Manning and the drone assassinations of American citizens have been justified by the president and his advisers, a dissident in the US may now think of his country the way the dissidents in East Germany under the Stasi thought of theirs. ‘The gloves are off.’ Nor should we doubt that a kindred fear is known even to the persons who control the apparatus.I offer the following thoughts in the nature of commentary.
Shortly after 9/11 Dick Cheney proclaimed that it will be necessary for us to be a nation of men, and not laws. Shortly after Edward Snowden disclosed the scope and extent of NSA surveillance, giving the lie to its sworn denial by the parties responsible for its execution, Barack Obama sought to reassure us that he wasn’t Dick Cheney. That is right, in so far as the limited surveillance of foreign communications advocated and implemented by Cheney, has been extended to all Americans under the Obama administration.
In the wake of Snowden’s disclosures, Obama has sought to reassert “the system of checks and balances” around NSA surveillance and to “set up and structure a national conversation” on cyber surveillance and civil rights. Ironically, up to now, the system of checks and balances has been stymied, as the Supreme Court shut down the last attempt to adjudicate the legality of NSA surveillance for want of standing. In other words, it found the plaintiffs unable to prove their injury by snooping so secret that it couldn’t be publicly acknowledged. Snowden has single-handedly removed this obstacle to judicial scrutiny. He cannot be faulted for the crimes he committed in doing so, just as he cannot be faulted for taking our manly overlords at their lawless word. In a system whose executive branch has arrogated the unalterable authority to execute its citizens without a trial, whose courts have renounced their power to deny any warrant or check any prosecution in the matters of national interest, an individual willing and able to expose the abuses of power under the color of authority, has every right to place himself above the law, even as the state loses its authority over a challenger to its corruption. That’s what it means to live in a nation of men, and not laws.
Eighteen years ago, Claire Wolfe observed: “America is at that awkward stage when it’s too late to work within the system, but too early to shoot the bastards.” I am grateful to Snowden for increasing our odds of fixing the system from within, before our bastards are fit to get shot.