Glenn Greenwald: How the US Government Strikes Fear in Its Own Citizens and People Around the World

[Editor's note: The following is a transcript of a speech that Constitutional lawyer and Salon blogger Glenn Greenwald delivered for the Lannan Foundation on March 8. The speech was transcribed by the blog Contumacious.]

I've been speaking more at events like this and at various college campuses and the like over the last year. And one of the things that typically happens before the event, is that there's a lot of time and mental energy spent on figuring out what the topic of the speech is going to be, and what the title is going to be. The speaker and the sponsors of the event go back and forth over what will be an interesting topic, what's timely, what will be interesting to people. And then the title gets worked on and changed and edited. I have several speeches planned over the course of the next month, and there are all different topics and titles that were all worked out as part of this arduous process. What I found is that, as much time and energy that's spent on that process, it actually ends up being completely irrelevant, because I find that no matter what the topic is, I keep speaking about the same set of issues, no matter what the title is.

The reason why that happens is not because I have some monomaniacal obsession with a handful of issues I can't pull myself away from no matter what the topic is. That may be true, but that's not actually the reason. The reason is because political controversies and political issues never take place in isolation. They're always part of some broader framework, that drives political outcomes, and that determines how political power is exercised. And so it doesn't really matter which specific topic, or which specific controversy of the day you want to discuss, the reality is, you can't really meaningfully discuss any of them without examining all the forces that shape political culture, and that shape how political outcomes are determined. So, in order to talk about any issue, you end up speaking about these same, broad themes, that are shaping, and I think plaguing, the political discourse in the United States.

This is something that I first realized when I started writing about politics in late 2005. One of the very first topics on which I focused was the scandal about the Bush administration eavesdropping on American citizens without the warrants required by law. This was first exposed by the NYT in December of 2005, so it happened around six weeks after I began writing about politics. I had this very naïve idea that this was going to be very straightforward and simple political controversy. The reason I thought that in my naiveté, was because what the Bush administration got caught doing [eavesdropping on Americans without warrants from the FISA court] is as clear as could possibly be a felony under American law. You can actually look at the criminal law that existed since 1978, when FISA was enacted. It says that doing exactly what the Bush administration got caught doing, is a felony in the U.S., just like robbing a bank, or extortion or murder, and that it's punishable by a prison term of five years or a $10,000 fine for each offense.

The report that the NYT published was that there were at least hundreds and probably thousands of instances where American citizens were eavesdropped on illegally and in violation of the law. So, I thought that this was going to be a fairly straightforward controversy, because I had this idea that if you get caught committing a felony, and the NYT writes and reports on that and everybody's talking about that, that that's actually going to be a really bad thing for the person who got caught doing that. I know it was really naïve. I'm actually embarrassed to admit that I thought that, but that really is was I thought at the time. I also thought that basically everybody would be in agreement that that was a really bad thing to do....that thing that the law said for 30 years was a felony and punishable by a prison term and a large fine. And, as it turned out (and I realized this fairly quickly) none of that actually happened. It wasn't a really bad thing for the people who got caught committing that felony.