Steven Greffenius · @sgreffenius
10th Jun 2013 from TwitLonger
Get Edward Snowden the very best attorney on the planet! Unlike almost everything else they do, the Justice Department cannot prosecute this man in secret. Bradley Manning's case is in a military court, which makes a huge difference. The U. S. government will try to send Snowden to prison. Snowden knew that when he turned FISA's secret order to Verizon over to the Guardian, and when he granted the Guardian an interview this weekend. For his action to have the right effect, he needs an attorney with independence, courage, and talent to try the NSA, the Justice Department, and all the other feds who think they can do whatever they like.
The revolution is coming. It can start in the courts if we let it. In the courts, goons cannot come after you with weapons. Snowden may lose his case - _we_ may lose _our_ case - but a criminal government has to defend itself now. A band of criminals has to stand up and justify its actions. We will probably hear more propaganda and doubletalk, but a good attorney can force the government to explain why it values secrecy so much. It needs secrecy not to protect us, but to protect its own power. It cannot admit that.
Who is the best attorney to argue Snowden's case? After his performance on drones in the Senate, I would say Rand Paul, but he is trained as an opthalmologist. So let's find someone that Rand Paul recommends. Let's find someone who knows what's at stake here, and who meets the occasion. Let's find someone who understands what has happened here: the government has to prosecute Snowden. In so doing it has to defend its surveillance practices. It also has to explain why it must conduct its surveillance operations in secret. If it cannot do that, it has no case against Edward Snowden.
I should add one uncertainty here. The case needs a judge who will allow Snowden's attorney to press Snowden's case against the government. That is, the judge has to permit an adversarial trial. If the judge restricts the defense and upholds the government's freedom of argument, nothing good can come of the exercise. We need a judge who is independent and courageous, who knows that if Snowden goes to prison as a spy, we are all in prison with him, even though we can still see the sky.