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Reply #28: Noone can take an oath to break the law. I'm sure there's a legal word for this. [View All]

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keopeli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-10 01:57 AM
Response to Reply #16
28. Noone can take an oath to break the law. I'm sure there's a legal word for this.
Some laws are more important than others. Among spies, leaking is seen as being a huge crime. Perhaps this is your field, since you feel so strongly. But, this man leaked material that exposed illegal activity. The question is thus:

Which is more important?

A - To know of illegal activity, including war crimes, but maintain their secrecy to protect the perpetrators, justifying your actions with the protection of an oath to keep the secrets and laws to protect the criminals, under the threat of imprisonment should you expose the illegal activities?

B - To know of illegal activity, including war crimes, and act to expose these crimes as damaging to the U.S. in order to defend her constitution, in spite of laws designed to protect the perpetrators and threaten informants?

Is it more important to prosecute this person for leaking information about war crimes? Or is it more important to discover the war crimes and prosecute those perpetrators?

In a free and open society, the later would be the choice and in fact has been honored in the U.S. in the past (i.e. Daniel Elsberg).

In a criminal government with a propagandized public where deception rules, the former takes precedence. If the former is what you advocate, I suggest it indicates that our government is not the open democracy we are lead to believe it is.
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