Actually my takeaway from the Snowden leaks was that the government tried really hard to stay within the confines of the law, even if they wildly stretched the legal theory to get there.
Doesn’t justify what they were doing, or make it legal, but it’s an important distinction when trying to reason about government surveillance programs.
But this is true, right? The whole movement is based on their legal theory giving them rights to behave in a certian way, and the idea that everyone else wastes that 'right' through ignorance and state manipulation. It's dumb, but not dishonest.
I would call that wanting plausible deniability (in a different sense than how the phrase is normally used). "Yes we may have a done a bad thing but we believed it was allowed."
You don't have to have a sound legal theory that will hold up in court. You just have to have a sound bite that you can vomit up when someone says "Wait a minute, isn't that blatantly illegal?"
Right, but the point is they went through the motions to attempt to follow the law. They weren't simply saying someone else was doing the work and then doing it themselves. They at least attempt to follow the law internally. Which is not something we knew for certain or not in the public.
> They at least attempt to follow the law internally.
What you are describing are successful attempts to subvert the law, avoid letting know they are subverting the law, and carefully crafted legal defenses in case they have to fight the real law’s enforcement.
That isn’t remotely what trying to follow the law looks like. It shows no respect for what the writers of the laws meant or the law’s purpose.
It shows no good faith attempts to firewall legal interpretation from parties interested in stretching the law. Blatant legal corruption used as a standard process.
It demonstrates no honest or genuine curiosity for collaborating on legal interpretations with other relevant constituencies.
Relevant constituencies for good faith legal interpretation include the law’s writers, the legislatures who passed the law, the courts who are ground truth for interpretation, a wider audience of constitutional experts in the executive branch beyond limited specific lawyers chosen to stretch the law, or citizens.
Didn’t these leaks precisely show that the agencies were effectively above the law? I mean, they tried to make it look like they were abiding by the regulations, but effectively tried every work around they could come up with. Including subcontracting domestic spying to foreign intelligence agencies, using the exact mechanism the parent mentioned? It seems you’re contradicting them by making their point.
There is an important distinction between blatant disregard for the law like you would see in authoritarian countries and this trying to twist the letter of the law into allowing something that it wasn’t intended to allow. Both are bad of course, but the latter shows some fear of the checks and balances. Being nefarious is much more expensive if you fear the courts, and have to spend time and effort circumventing it. Trumps recent behavior shows none of this fear of the courts. Even if the courts overturn the executive orders, much of the damage has already been done.
That doesn't mean they care about the law, it just means that they care about maintaining the public perception that they care about the law. They're perfectly happy to keep up the pretense as long as they can still get what they want anyway, even if they have to add a couple extra inconvenient steps to the process. What they won't do is allow the law to stop them from getting what they want.
It is still a good thing that they had to spend so many extra resources hiding. It means at least some of the checks and balances were imposing a cost on bad behavior.
Actually my takeaway from the Snowden leaks was that the government tried really hard to stay within the confines of the law, even if they wildly stretched the legal theory to get there.
https://www.blankenship.io/essays/2020-07-13/
Doesn’t justify what they were doing, or make it legal, but it’s an important distinction when trying to reason about government surveillance programs.
By that use of the phrase, sovereign citizens try really hard to stay within the law.
But this is true, right? The whole movement is based on their legal theory giving them rights to behave in a certian way, and the idea that everyone else wastes that 'right' through ignorance and state manipulation. It's dumb, but not dishonest.
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I would call that wanting plausible deniability (in a different sense than how the phrase is normally used). "Yes we may have a done a bad thing but we believed it was allowed."
You don't have to have a sound legal theory that will hold up in court. You just have to have a sound bite that you can vomit up when someone says "Wait a minute, isn't that blatantly illegal?"
> You don't have to have a sound legal theory that will hold up in court.
What? Why? The natural continuation of "Wait a minute, isn't that blatantly illegal?" is "We're going to sue you to make you stop."
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one of the Snowden leaks was exactly about the five eyes countries coordinating in this way to dodge oversight though?
Right, but the point is they went through the motions to attempt to follow the law. They weren't simply saying someone else was doing the work and then doing it themselves. They at least attempt to follow the law internally. Which is not something we knew for certain or not in the public.
> They at least attempt to follow the law internally.
What you are describing are successful attempts to subvert the law, avoid letting know they are subverting the law, and carefully crafted legal defenses in case they have to fight the real law’s enforcement.
That isn’t remotely what trying to follow the law looks like. It shows no respect for what the writers of the laws meant or the law’s purpose.
It shows no good faith attempts to firewall legal interpretation from parties interested in stretching the law. Blatant legal corruption used as a standard process.
It demonstrates no honest or genuine curiosity for collaborating on legal interpretations with other relevant constituencies.
Relevant constituencies for good faith legal interpretation include the law’s writers, the legislatures who passed the law, the courts who are ground truth for interpretation, a wider audience of constitutional experts in the executive branch beyond limited specific lawyers chosen to stretch the law, or citizens.
Didn’t these leaks precisely show that the agencies were effectively above the law? I mean, they tried to make it look like they were abiding by the regulations, but effectively tried every work around they could come up with. Including subcontracting domestic spying to foreign intelligence agencies, using the exact mechanism the parent mentioned? It seems you’re contradicting them by making their point.
It show that no matter the scope of the law there are always loopholes.
There is an important distinction between blatant disregard for the law like you would see in authoritarian countries and this trying to twist the letter of the law into allowing something that it wasn’t intended to allow. Both are bad of course, but the latter shows some fear of the checks and balances. Being nefarious is much more expensive if you fear the courts, and have to spend time and effort circumventing it. Trumps recent behavior shows none of this fear of the courts. Even if the courts overturn the executive orders, much of the damage has already been done.
I think stuff like Parallel Reconstruction show that they do care about the law. They care about working around it.
That doesn't mean they care about the law, it just means that they care about maintaining the public perception that they care about the law. They're perfectly happy to keep up the pretense as long as they can still get what they want anyway, even if they have to add a couple extra inconvenient steps to the process. What they won't do is allow the law to stop them from getting what they want.
It is still a good thing that they had to spend so many extra resources hiding. It means at least some of the checks and balances were imposing a cost on bad behavior.
Correct. The 'law' exists to provide common citizens something to argue on, and a sense of justice, even if not real.
A revolting citizenry can be potentially dangerous than a citizenry that is endlessly bickering amongst each other about the 'law'.