Decolonization in the Caribbean #12: More on the USVI Constitituion - There is a strangeness when you consider independence movements of the past with the formal process today as outlined by the United Nations and internatio...
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***The US government, as part of Obama’s unprecedented war on whistleblowers, has now fully embraced the pernicious theory that any leaks of classified information can constitute the crime of “aiding the enemy” or “communicating with the enemy” by virtue of the fact that, indirectly, “the enemy” will – like everyone else in the world – ultimately learn of what is disclosed.***It seems clear that the US military now deems any leaks of classified information to constitute the capital offense of “aiding the enemy” or “communicating with the enemy” even if no information is passed directly to the “enemy” and there is no intent to aid or communicate with them. Merely informing the public about classified government activities now constitutes this capital crime because it “indirectly” informs the enemy.***If someone can be charged with “aiding” or “communicating with the enemy” by virtue of leaking to WikiLeaks, then why wouldn’t that same crime be committed by someone leaking classified information to any outlet: the New York Times, the Guardian, ABC News or anyone else?***International Law Professor Kevin Jon Heller made a similar point when the charges against Manning were first revealed:“[I]f Manning has aided the enemy, so has any media organization that published the information he allegedly stole. Nothing in Article 104 requires proof that the defendant illegally acquired the information that aided the enemy. As a result, if the mere act of ensuring that harmful information is published on the internet qualifies either as indirectly ‘giving intelligence to the enemy’ (if the military can prove an enemy actually accessed the information) or as indirectly ‘communicating with the enemy’ (because any reasonable person knows that enemies can access information on the internet), there is no relevant factual difference between [Bradley] Manning and a media organization that published the relevant information.”***It is always worth underscoring that the New York Times has published far more government secrets than WikiLeaks ever has, and more importantly, has published far more sensitive secrets than WikiLeaks has (unlike WikiLeaks, which has never published anything that was designated “Top Secret”, the New York Times has repeatedly done so: the Pentagon Papers, the Bush NSA wiretapping program, the SWIFT banking surveillance system, and the cyberwarfare program aimed at Iran were all “Top Secret” when the newspaper revealed them, as was the network of CIA secret prisons exposed by the Washington Post). There is simply no way to convert basic leaks to WikiLeaks into capital offenses – as the Obama administration is plainly doing – without sweeping up all leaks into that attack.***The same [Obama] administration that has prosecuted whistleblowers under espionage charges that threatened to send them to prison for life without any evidence of harm to national security, and has brought double the number of such prosecutions as all prior administrations combined. Converting all leaks into capital offenses would be perfectly consistent with the unprecedented secrecy fixation on the part of the Most Transparent Administration Ever™.The irony from these developments is glaring. The real “enemies” of American “society” are not those who seek to inform the American people about the bad acts engaged in by their government in secret. As Democrats once recognized prior to the age of Obama – in the age of Daniel Ellsberg – people who do that are more aptly referred to as “heroes”. The actual “enemies” are those who abuse secrecy powers to conceal government actions and to threaten with life imprisonment or even execution those who blow the whistle on high-level wrongdoing.
"The support of the PCE, both for the first as the second administration of Suárez has been open and sincere. Mr. Carrillo was the first leader to give his support to the Moncloa agreement and inevitably the PCE has backed the government in parliament. (…)“But being the party which controls the majority trade union confederation CCOO and the best organized political party in Spain, its help has been crucial in some of the most tense moments of the transition. The active moderation showed by the communists before and after the massacre of workers in Vitoria in March 1976, [after] the shooting down of five communist lawyers in January 1977 and during the Basque general strike of May 1977 – just to name three examples – was decisive in order to avoid that Spain fall into an abysm of civil conflict and to allow the continuation of reforms” (Financial Times, 13th December 1978)