The Washington Post - 18.09.2019

A2 EZ RE THE WASHINGTON POST.WEDNESDAY, SEPTEMBER 18 , 2019

HAPPENING TODAY

For the latest updates all day, visit washingtonpost.com.

All day | President Trump attends a fundraising event in San Diego for his
reelection campaign. For developments, visit washingtonpost.com/
politics.

8:30 a.m. | The Commerce Department issues housing starts for
August, which are expected to come in at a 1.26 million annual pace, up
from 1.191 million in July. Visit washingtonpost.com/business for details.

10 a.m. | The Senate Commerce Committee holds a hearing on mass
violence, extremism and digital responsibility, with leaders from Facebook,
Twitter, the Anti-Defamation League and Google expected to attend. For
developments, visit washingtonpost.com/politics.

1:30 p.m. | The Senate Foreign Relations Committee meets to vote on
the nomination of Andrew P. Bremberg to be the U.S. representative to the
Office of the United Nations and other international organizations in
Geneva, as well as nominations for other foreign posts. Visit
washingtonpost.com/politics for details.

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BY DEVLIN BARRETT

A judge in Upstate New York

was forced off the bench after

posting online the image of a

noose and a Trump campaign slo-

gan, which a state commission

concluded showed political or ra-

cial bias, officials said Tuesday.

Kyle R. Canning, a part-time

judge in Altona, N.Y., near the

Canadian border, posted an image

to his Facebook account of a

noose, with the words: “IF WE

WANT TO MAKE AMERICA

GREAT AGAIN WE WILL HAVE

TO MAKE EVIL PEOPLE FEAR

PUNISHMENT A GAIN.”

The New York State Commis-

sion on Judicial Conduct said that

Canning, 29, failed “to maintain

high standards of conduct so that

the integrity and independence of

the judiciary would be preserved,”

that he failed t o avoid i mpropriety

and the appearance of impropri-

ety, and that he “failed to respect

and comply with the law and

failed to act in a manner that

promotes public confidence in the

integrity and impartiality of the

judiciary.”

The noose, the commission

said, conveyed racial or political

bias, or both.

“The noose is a n incendiary im-

age with repugnant racial conno-

tations,” C ommission Administra-

tor Robert H. Te mbeckjian said.

“It is the very antithesis of law

and justice. For a judge to use the

image of the noose in making a

political point undermines the in-

tegrity of the judiciary and public

confidence i n the c ourts.”

Canning posted the message

online in early 2018; someone

complained to the commission in

August of that year, and the com-

mission lodged a formal com-

plaint against him in May of this

year.

In his June resignation letter,

Canning said he was quitting his

position “with a sense of despair.”

“I feel as though, due to my

current financial situation and

obligations to my family, I am

being coerced into resigning,” he

wrote.

Canning agreed never to seek or

accept another judicial p osition.

[email protected]

N.Y. judge is

ousted after

posting image

of a noose

BY MATT ZAPOTOSKY

The Justice Department on

Tuesday filed a lawsuit seeking the

proceeds f rom Edward Snowden’s

book, alleging t he ex-NSA c ontrac-

tor violated nondisclosure agree-

ments he signed with the govern-

ment by publishing the manu-

script without seeking the re-

quired a pproval.

In a news release, the Justice

Department noted it was not s eek-

ing to “stop o r restrict the publica-

tion or distribution” of the book,

titled “Permanent Record,” but

rather “to recover all proceeds

earned by Snowden because o f his

failure to submit his publication

for pre-publication review in vio-

lation of his alleged contractual

and f iduciary obligations.”

“Intelligence information

should protect our nation, not

provide personal profit,” G. Zach-

ary Te rwilliger, the U.S. attorney

for the Eastern District of Vir-

ginia, said in a statement an-

nouncing the suit. “This lawsuit

will ensure that Edward Snowden

receives no monetary benefits

from breaching the trust placed in

him.”

Snowden, a former CIA em-

ployee and National Security

Agency contractor who leaked a

trove of documents detailing top-

secret U. S. surveillance programs,

is abroad in Russia. He is charged

in the United States with espio-

nage and recently told CBS News

he would like to return — but only

if he would be allowed to defend

himself at trial by asserting his

actions were in the public interest.

That t ype of defense is not a llowed

under U.S. law.

The 26-page lawsuit is separate

from the criminal charges against

Snowden, and it also names as

defendants the companies in-

volved in publishing the book:

Macmillan Publishers, Henry Holt

and Co. and Holtzbrinck Publish-

ers. Spokespeople for the compa-

nies did not immediately return

messages seeking comment. The

suit notes it is seeking only

Snowden’s earnings o r those given

to his agents but names p ublishers

because they are likely to control

the f unds.

On Twitter, Snowden noted the

lawsuit with a link to buy the b ook,

writing, “This is the book the gov-

ernment does not want you to

read.” He added later, “It is hard to

think of a greater s tamp of authen-

ticity than the US government fil-

ing a lawsuit claiming your book i s

so truthful that it was literally

against t he law to write.”

The suit details the secrecy

agreements that Snowden signed

with the CIA and NSA and asserts

Snowden knew he had to submit

for pre-publication review any

materials he planned to publish

about his g overnment work.

“Snowden did not, at any time,

submit the m anuscript for Perma-

nent Record to either the CIA or

NSA for pre-publication review,”

the s uit a lleges. “ Nor did S nowden

obtain written approval from CIA

or NSA prior to sharing manu-

scripts with Macmillan or prior to

the b ook’s p ublication.”

Macmillan promoted the book,

published Tuesday, as a story of

Snowden’s time in the CIA and

NSA and “the disillusionment he

felt with the American intelli-

gence establishment that led him

to give up his future to share the

truth about the U.S. government’s

pursuit of a mass surveillance sys-

tem.”

Ben Wizner, director of the

American Civil Liberty Union’s

Speech, Privacy and Te chnology

Project and an attorney for

Snowden, said in a statement:

“This book contains no govern-

ment secrets that have not been

previously published by respected

news organizations. Had Mr.

Snowden believed that the gov-

ernment would review h is book in

good faith, he would have submit-

ted it for review. But the govern-

ment continues to insist that facts

that are known and discussed

throughout the world are still

somehow classified.”

Jesselyn Radack, a whistle-

blower lawyer who has represent-

ed Snowden, said the government

was “tacitly recognizing” that

Snowden “has a First Amendment

right to speak and to publish” by

not seeking to block distribution

or publication of the book.

But she said that the lawsuit

would nonetheless scare those in

government who might want to

share or comment on episodes of

wrongdoing and noted that the

government had c hosen a venue —

federal court in the Eastern Dis-

trict of Virginia — that has a repu-

tation for aggressively pursuing

those who share information.

Snowden was charged there, as

was WikiLeaks founder Julian As-

sange.

“Clearly, when the government

does something like this, I would

argue that i t has a chilling effect o n

people’s speech,” R adack said.

Radack said Snowden probably

anticipated such a suit by the gov-

ernment and had “worked out ar-

rangements with the publisher

about how t o handle that,” t hough

she was uncertain of the details.

But even if the government was

able to take back earnings or pre-

vent him from profiting, she said,

Snowden was probably more con-

cerned with sharing his story. It is

unclear whether Snowden already

has been paid any money for work

on the book or, if so, what s teps the

government might be able to take

to get it back.

“For me, just knowing Ed, I

don’t think he was in this for the

moneymaking-venture aspect of

it,” R adack said.

Wizner said Snowden hoped

the lawsuit would “bring the book

to the attention of more readers

throughout t he world.”

The case would not be the first

time the government has sought

proceeds from a former govern-

ment official’s book published

without approvals. In 2016, the

government reached an agree-

ment w ith Matt B issonnette, a for-

mer Navy SEAL, to take $6.8 mil-

lion in royalties from h is book, “No

Easy Day,” which detailed the raid

that killed Osama bin Laden.

Former government officials

who go through the pre-publica-

tion review process often com-

plain that it is an opaque and

lengthy procedure. Five former

federal employees recently filed a

lawsuit over it, alleging it was an

unconstitutional “system of cen-

sorship” t hat is often politicized.

[email protected]

Justice Dept. sues for Snowden book proceeds

JUSTIN SULLIVAN/GETTY IMAGES

Edward Snowden’s new book, “Permanent Record,” at a San Francisco bookstore. “This is the book the

government does not want you to read,” the ex-National Security Agency contractor tweeted Tuesday.

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