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Wednesday, January 7, 2009 12:00 AM

The DOJ pursues the "real criminal" in the NSA spying scandal

While the high-level lawbreakers are protected from consequences by our political class, only the courageous whistle-blower is subject to criminal prosecution.

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  • Wednesday, January 7, 2009 10:02 AM

    Recall the Pentagon Papers

    Glenn...great article as always. I have a question for you or anyone else.

    If such a case ever went to court, would a judge simply throw it out, a la Ellsberg and the Pentagon Papers?

    Dan the Man sprung 7,000 pages of documents labelled "Top Secret", and was chased all over hell's half acre by the FBI and the Nixon goon squads. He was in mortal fear for his freedom. Yet, I seem to recall from my reading of his book "Secrets" that the case was thrown out on the basis of there being no "official secrets" style laws in the US. The 1st amendment, it seemed, reigned supreme. In other words, there were no laws for Ellsberg to have broken; he was the target of an official witch hunt.

    Correct me if I'm wrong, but if not, would the same logic not apply in this case?

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