Judging from Snowden-derived stories in the Guardian and the Washington Post, some of these documents also detail NSA intercepts of email and cellphone conversations by Taliban fighters in Pakistan; assessments of CIA assets in several foreign countries; and surveillance of cellphone calls “worldwide” that (in the Post’s words) allows the NSA “to look for unknown associates of known intelligence targets by tracking people whose movements intersect.” In Snowden’s first interview abroad, with the South China Morning Post, he disclosed that the NSA routinely hacks into hundreds of computers in Hong Kong and China. Just last week a story co-authored by Poitras in Greenwald’s new publication, the Intercept, revealed—again, based on Snowden-supplied documents—that the NSA has undercover operatives in Germany and China.
Whatever you think about foreign intelligence operations, the NSA’s core mission is to intercept communications of foreign governments and agents. If Snowden and company wanted to take down an intelligence agency, they should say so. But that has nothing to do with whistleblowing or constitutional rights.
At one very interesting point in the film, Snowden tells Poitras and Greenwald, “Some of these documents are legitimately classified,” and their release “could do great harm” to intelligence sources and methods. He adds, “I trust you’ll be responsible” in handling them.
This is what most baffles me about the whole Snowden case. What kind of whistleblower hands over a digital library of extremely classified documents on a vast range of topics, shrugs his shoulders, and says, I’ll let you decide what to publish? He tells the two journalists that he’s “too biased” to pick and choose himself. What does that mean? These are esoteric, in some cases highly technical documents; he’s in a better position to know their implications than Poitras and Greenwald; certainly he could warn them, “Oops, I shouldn’t have included this one. It’s really sensitive.”
In an Oct. 11 livestreamed interview, part of the New Yorker’s annual festival, Jane Mayer asked Snowden if any of the stories inspired by his documents went too far in divulging secrets. He replied, “It’s not my place” to render judgment. That’s not true: It’s precisely his place to do that. It’s a gigantic evasion to leak however many beyond-top-secret documents he leaked—some say tens of thousands, some say millions—and then abrogate all responsibility for their circulation to the world.
Citizenfour Daniel Ellsberg, whom Snowden cites as a model, didn’t riffle through every classified vault at the RAND Corp. and turn the stash over to the New York Times for its editors to pick and choose. Ellsberg had a goal: He wanted to end the Vietnam War. The Pentagon Papers—an official secret history of the war, commissioned by Secretary of Defense Robert McNamara, replete with internal memos and documents—revealed the delusions that got us into the war and the lies that perpetuated our involvement. Even so, Ellsberg did not Xerox or leak four volumes of the papers; he regarded them—they dealt with ongoing peace negotiations—as legitimately secret.
Then again, maybe there’s no mystery here. Maybe Snowden’s intent, all along, was to take down the top-secret edifice, and his dissociation from decisions on what to publish is a legal maneuver to quash his indictment under the Espionage Act, should he ever come home to face trial.
In the interview with Jane Mayer, Snowden said a few times that the secrets he spilled aren’t really very serious anyway. Regarding the NSA’s bulk collection of metadata—the topic of the first several newspaper articles about the leaks—he claimed, “They’ve never stopped a single American attack.”
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