Trump might pardon Edward Snowden (user search)
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  Trump might pardon Edward Snowden (search mode)
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Author Topic: Trump might pardon Edward Snowden  (Read 2469 times)
Fuzzy Bear
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« on: August 16, 2020, 10:10:01 AM »

There is always a Tweet:



Americans long have said they wanted a President who said out loud exactly what they thought.  Now, they have one.
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Fuzzy Bear
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« Reply #1 on: August 16, 2020, 10:34:35 AM »

There is always a Tweet:



Americans long have said they wanted a President who said out loud exactly what they thought.  Now, they have one.

You mean a president with incoherent verbal diarrhoea?

Spoken like a man with a gargantuan 123 posts who probably has Carpal Tunnel Syndrome from the challenge of typing "effort posts" on his way to being a Forum Institution.
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Fuzzy Bear
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« Reply #2 on: August 16, 2020, 09:31:05 PM »

Snowden is a traitor to the United States. What happened to aMeRiCA fIrSt?

You shouldnt be allowed to maintain citizenship after this post

Imagine wanting people to lose citizenship because you disagree with them

Go f**k yourself

But you just said Snowden was a traitor because you disagree with him...

He’s a traitor because he stole and released classified information.

No. Treason is narrowly defined in the Constitution in Article III, Section 3: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

Focusing on the emphasized point (since Edward Snowden seemingly doesn't plan on levying war against the U.S. anytime soon & the evidentiary standard seems pretty easy to meet), we need to know what qualifies as aid & comfort: the clause has generally been interpreted pretty narrowly to mean that a defendant has knowingly aided specific enemies in specific ways, i.e. "I'm gonna hand over these secret documents about the Manhattan Project to this man who I know is a Nazi spy." If you just hand over information to somebody who then turns out to be a spy, you can't be committing treason (depending on what you hand over & to whom, you could certainly be brought up on other charges, but not treason). Revealing information to the public, with the thought that an enemy or would-be terrorist might read The Guardian just doesn't meet the standard of knowingly aiding the enemy. Anything published anywhere could be read by the enemy. If you can be aiding the enemy for disclosing information to a journalist who publishes it, how can the journalist not be held accountable too? If the act which is treasonous is its publication, how is the journalist protected from the responsibility of knowing in advance who'll specifically read their story?

The reason why treason has been so narrowly defined in American law is because of experience with the way that the Crown used treason as a catch-all for anybody doing anything that they didn't like &/or went against their interests in some way. Publish a pamphlet the Crown disapproves of? Treason, & so on & so forth. American law narrowly defined treason to only cover specific acts of intentional betrayal to specific, enumerable enemies, not broad sweeping categories of things that the US does not approve of.

So, no: Edward Snowden is not "a traitor because he stole and released classified information."

Moving on:

He violated the Espionage act. I don’t think he’s a bad person because of what he discovered. That was obviously horrible and wrong. But most normal people would submit a whistleblower report if they wittinessed wrongdoing, not steal from government computers. If he had gone through the proper channels I and many other users here would have no problem with him. The issue isn’t his goals, its his methods.

But there weren't any "proper channels" for him to go through. Our country's whistleblower laws - which normally allow people to avoid punishment for revealing government information if they can show that they did so for the purpose of the public good - explicitly exclude intelligence agencies. Had he not been a national security employee, his actions would've been covered by the Whistleblower Protection Act & thus wouldn't have been a crime at all, but under the Espionage Act he's charged with having violated, he can't even raise a public interest defense at trial, even though he clearly leaked for public benefit rather than personal gain (not only did he not sell secrets to a foreign power, but - as you concede - the programs he discovered were "obviously horrible and wrong").

If after being made aware of this, you still have an issue with his methods (even though - again - he did the only thing that he could do to inform the public about what you yourself concede was "obviously horrible and wrong"), then I don't know what to tell you. But 7 years on from his leaks, it's clear that he didn't act in a way deserving of such a draconian & anachronistic punishment that he faces were he to return home in the status quo.

To say that he had no alternatives is not necessarily true. He could have resigned and written a memo, or reported what he knew to Congress, (given that it was controlled by Republicans at the time, I doubt he would have been ignored). The fact that he would go so far as to commit a criminal offense in order to achieve his goal is what is the issue.

Also, yes Snowden’s activities don't necessarily meet the legal and constitutional standard  for treason. And perhaps I was too harsh in saying so, but his behavior was a clear betrayal of the US. First, the vast majority of the documents he released was about surveillance relating to foreign intelligence operations, spying on Americans was a small part of it, by doing so he endangered US troops around the world, and put national security at risk. Second, immediately after he did what he did, his first action was to flee the country and go to Hong Kong. He gave the information to foreign, Chinese based journalists.  After this he went to hide in Russia, he asked for asylum and has been their ever since. He is basically a defector to Russia, an adversary of the United States.

Of course you can say that “why wouldn’t he seek asylum, the US wants him in jail”. But if Snowden was a true hero, a true patriot, who really believed in what he was doing, he would face the consequences of his actions. But he didn’t. He ran away. Which goes to show that he’s a coward, not a hero, not a patriot.

Would he get a fair trial? I doubt it.

If he'd done it under Trump, you'd be lauding him as a national hero. Instead, because it makes Obama look bad, he's worse than Hitler.

I've not really made up my mind on this issue.  But there's more than a little truth to the above post.
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