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by DennisP
3680 days ago
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In a democracy, the voters, via their representatives, decide what's legal for the government to do. So if the government does things that are illegal and hidden, then I'd say anyone has the authority to reveal it. That authority was granted by the voters who made the activity illegal. If the government's activity is legal, on the other hand, then it's harder to make a case. A whistleblower may still decide to reveal it as a matter of civil disobedience, but at that point he's trying to change the minds of the voters, rather than enforce their expressed wishes. He should expect more legal jeopardy, though if he succeeds in changing people's minds, then a pardon would be appropriate. If our legal system doesn't make a distinction between revealing legal and illegal secrets, then I'd say our system is inconsistent. |
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* It is often (though not always) quite hard to tell whether something the government is doing is or is not illegal even for well trained lawyers. Manning, Snowden, et al. are not lawyers.
* The information released by Manning, Snowden, et al. was dramatically broader in scope that what would have been required merely to reveal illegal activity. Most of it, especially in Manning's case, does not reveal any illegal activity at all.