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Archive for January, 2014

Expert Alert: Richard Moberly — “no” on clemency for Edward Snowden

Wednesday, January 8th, 2014
Richard Moberly is a Harvard-educated law professor who is an expert on the law of secrecy. He teaches employment law, evidence and the law of secrecy at the University of Nebraska College of Law.
He’s been following the case of NSA leaker Edward Snowden case and he does not think Snowden should be granted clemency.
This blog post explains why.
Some excerpts:
– “I can’t ignore that Snowden . . . also leaked substantial information about the NSA’s ability to collect foreign cell phone and internet data. This program is clearly legal and no one has raised an argument that it is not. “
– “In my view, the costs of this leak outweigh any benefit from the leak about the domestic program.
–” I think we should only protect national security whistleblowers who publicly reveal conduct that is unquestionably illegal.”

– “In other words, Snowden’s supporters believe the debate about the program’s legality supports clemency, while I think the debate is the best argument against clemency.”

Here’s a brief bio of Professor Moberly:

Professor Richard Moberly joined the law faculty at the University of Nebraska College of Law in August 2004, after practicing as an attorney with McKenna Long & Aldridge LLP in Atlanta, Georgia. After receiving his B.A. degree in History, summa cum laude, from Emory University, Professor Moberly graduated magna cum laude from Harvard Law School and served as an editor of the Harvard Law Review. After law school, he served as a law clerk for the Honorable N. Carlton Tilley, Jr., United States District Judge for the Middle District of North Carolina.

Professor Moberly’s research interests include employee whistleblower protection and the law of secrecy. He has published numerous articles on whistleblowing and retaliation, including an empirical study of Sarbanes-Oxley claims published in the William & Mary Law Review and an analysis of the Supreme Court’s approach to retaliation cases, which was published in the Case Western Reserve Law Review.  A full list of his publications can be found here.

In 2012, Professor Moberly published Whistleblowers and the Obama Presidency: The National Security Dilemma, which appeared in the Employee Rights & Employment Policy Journal, and an article examining the impact the Sarbanes-Oxley Act of 2002 has had on whistleblower protections during the last decade, which appeared in the South Carolina Law Review.

Contact information:
Richard Moberly
Associate Dean for Faculty
Professor of Law
University of Nebraska College of Law
P.O. Box 830902
Lincoln, NE  68583-0902
402/472-1256
Twitter: @Richard_Moberly
Law of Secrecy Blog: lawofsecrecy.tumblr.com