We previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.
As we discussed with Clinton, the ruling class in Washington finds Snowden perfectly incomprehensible. Every aspect of our political system has long been tied down and controlled by the two parties. For such leaders, someone like Snowden is nothing short of an alien visitation — someone who throws away his career and possible freedom for what he claims to be principle. To make matters worse, Snowden is viewed as a whistleblower, if not a hero, by many in the United States and around the world. (However, polls in the U.S. are conflicting. A majority are glad that the disclosures were made but other polls show that a majority believes Snowden should stand trial. Making things even more precarious for people like Clinton is that younger people have particularly rallied to the side of Snowden as a whistleblower). While President Obama implausibly claimed that he would have reviewed these abusive programs without Snowden’s disclosures, Snowden was clearly the cause of multiple investigations and reforms of these programs.
Snowden committed the ultimate crime in Washington: he embarrassed leadership in both parties. He broke the rules and went outside of a carefully controlled duopoly system of control. He embarrassed many, including Clinton, who sat by quietly as the national security system invaded the privacy of every American citizen. Indeed, for people in the establishment who have spent their lives reinforcing that system, someone like Snowden is more than an anomaly. He is someone who not only broke the rules but threw away his career to make these disclosures. For people like Clinton and Kerry, he could just as well be a man from Mars.
Kerry said that Snowden really needs to “stand up in the United States and make his case to the American people.” Indeed, Kerry declared that “A patriot would not run away. … He can come home but he’s a fugitive from justice.” Like Clinton, Kerry cannot imagine why Snowden would not trust the system: “If he cares so much about America and he believes in America, he should trust the American system of justice.”
As someone who has held top clearances since the Reagan administration, I do not support the release of classified information. However, as someone who has litigated national security cases from terrorism to espionage cases, there is every reason for Snowden to be leery of our system as it currently stands in the post 9-11 world. I have great faith and love for our legal system, but national security law has become increasingly draconian and outcome determinative due to various changes in the last decade. This Administration has continued the use of secret legal opinions and secret evidence in cases. The agencies continue to classify information to prevent the public or defendants from reviewing potentially embarrassing or conflicting material. President Obama has refused to close tribunal proceedings and maintains the same claim of his inherent authority to decide whether people go to real courts or the widely ridiculed tribunal proceedings. Even if in the federal system, the government would hit Snowden with SAMs to cut off any contact and impose limitations on even his cleared counsel in speaking with him. At trial, federal judges are increasingly barring arguments from defendants as “immaterial” even when those arguments are the real reason for their actions.
Thus, the Justice Department would likely move to exclude arguments that disclosure was necessary because Snowden had no real alternative for reform. He might be even prevented from arguing that he was seeking to protect citizens from the systemic and comprehensive denial of privacy. Even if some of that motivational argument were allowed, it would likely trigger an instruction that that is no defense to the charges. Sentencing enhancements routinely used by the Justice Department would guarantee a life sentence if convicted for Snowden.
As for utilizing the system to make these disclosures before he fled, Snowden had little reason to trust the congressional oversight committees or the agencies themselves. Just for the record, as many of you know, I represented the prior whistleblower who first revealed this program years before Snowden. He tried to use the system. Happily he was not charged and is doing well. However, as I have testified in Congress, the whistleblower system referred to by Clinton is a colossal joke. First, there are exceptions under the whistleblower laws for national security information. Second, the House and Senate oversight committees are viewed as the place that whistleblowers go to get arrested. There is a revolving door of staff back and forth to the intelligence agencies and people like Dianne Feinstein have denounced Snowden as a traitor. While one can still criticize Snowden for breaking classification laws, the suggestion that he could have used the whistleblower system is hardly self-evident if you are familiar with the laws or the history of such cases.
Whatever Snowden decides, it is clear that if he returns he will be quickly put in isolation and would be virtually certain of conviction with a life sentence. That is assuming that some leaders do not get their way in calling for a death penalty case. That is certain a lot to “man up” to.
If any of this domestic “SPYING” was legal to begin with…
… Why the need to immunize the telecoms that cooperated with the US Government back in 2007, FROM civil litigations of any wrong doing?
Almost ten years on and no accountability served… Instead, the worst House Speaker let High Crimes off the hook, for political win in the White House.
We have been screwed!
Ten years from now, imagine the machinations that will be used to continue to justify Due Process free assassinations.
Ten years from now, will we still be electing leaders based on how well the fear us into submission?
Ten years from now, THE PATRIOT ACT will still be debated.
Ten years from now, TORTURE will still be debated.
Ten years from now, GITMO will still be open and still be used to house detainees w/out any charges.
The sins of the father passed on to the children!
Ten years from now… IMAGINE the circles we’ll still be living in.
Doubleplus good kids!
First Kerry cancels Snowden’s passport…
… Then Kerry says man up and come home.
Bully!
Max-1 – could not agree with you more. 🙂
Paul S, Are you a member of the Swift Vote Veterans for Truth?
Kerry went before Congress and admitted to committing war crimes. If this is Swiftboating, he did to himself.
Mark, Williams is often on Letterman, Leno, telling jokes, many pretty lame. You can just tell being a comedian is what he would love.
Impeach Obama now. He filed criminal charges against this whistleblower. Obama and his government read and record my emails. They violate my rights. Kerry needs to go back to Vietnam. Be a Man John. Man up John Kerry. Man up and admit that you committed crimes against your own people.
Kerry admitted to committing war crimes for which he should be tried.
Snowden is guilty. Obama is guilty. Snowden revealed that the government violated the Constitution. The government covered-up its illegal activity. Obama and his appointees must face the law for violations of the Constitution. The Benghazi cover-up, use of the IRS as a campaign weapon and ineligibility for office are good examples. The legislative branch must impeach and convict based on numerous and egregious articles of impeachment.
nick:
Funny you say that about Brian Williams. I just saw him last night on the Don Rickles roast sitting next to Mr. Warmth himself.
Snowden is a coward. He has done great damage to his former Country. For his hatred, he should always remain in exile.
Hillary would have more bonafides to say, “Man up” than mortician Kerry. Anyone who watched Snowden last night had to be impressed, even if they were skeptical of him. Too bad they didn’t have a real journalist interviewing him, not the wannabe standup comic, Brian Williams. As Snowden said, “Sometimes doing the right thing requires breaking the law.”
Good comments today.
What J. Brian Harris, Ph.D., P.E. said too.
NBC’s interview of Edward Snowden that was telecast last night presented a new and powerful beginning to a now unfolding process by which he will become highly regarded by a majority not just of Americans, but people throughout the world. Members of the political leadership both republicans and democrats, the progressive liberals over at MSNBC, and the neoconservatives over at FOX will eventually get on board with their constituents and viewers and come to realize yet again that the only thing we have to fear is fear itself.
When more people come to appreciate what Edward Snowden so wisely understands, their concern for continuing to live in an increasingly illiberal society will supersede any fear they have been caused to have for terrorism. To live in fear to such an extent that the United States Constitution is to be ignored or even temporarily side stepped is not to live a life at all worthwhile. When that is realized, it will become the wake up call that will inspire young people to act.
Terrorism is a reaction that becomes an obstacle on the road leading to greater sovereignty for individuals throughout the world. When folks young and old come to terms with the activities of governments that in reaction to which cause and feed terrorism, they will prompt their governments to cease and desist from those activities. To begin to understand what gives life to terrorism is to begin to understand what will kill it. And to bring less freedom and fewer liberties to people is clearly not the means.
Bob:
“Snowden’s continued taunting from abroad keeps the issue, as well as hope for our rights, alive. If he were escorted into solitary confinement as JT explained, he would be forgotten and it would cause a chilling effect on future whistleblowers.”
Snowden cannot be hidden–if he surrendered and they locked him up without just representation the country would boil for his release. There would be millions demanding not only his release but change. His staying away causes many to doubt his legitimacy. “Is he sharing secrets with China and Russia?” I hear people ask.
I believe that if he were willing to make the ultimate sacrifice he would truly become a hero to millions and change would happen.
Can I demand such a thing? Would I possess such courage myself? You are right–he deserves his freedom. Sometimes, just like Martin Luther King Jr. , you give it up, because you “willingly accept the penalty of imprisonment in order to arouse the conscience of the community over its injustice.”
“When injustice becomes law, resistance becomes duty”. T-Jeff
“Resistance is futile”. Locutus of Borg
“Resistance is not futile”. Third of Five
Why would you trust a justice system that does not even investigate, let alone prosecute, high government officials who blatantly lie to Congress and the American people?
“Snowden’s running is understandable from a human perspective but if he were willing to go the full mile and be willing to make even the ultimate sacrifice for our country change may happen. His running to China and now Russia casts doubt among the populace as to his veracity.
I cannot demand someone exercise such deep love of country; asking for such a hero may be too much but I cannot help but wish for it.”
1) Deontologically speaking, the man deserves his freedom.
2) Snowden’s continued taunting from abroad keeps the issue, as well as hope for our rights, alive. If he were escorted into solitary confinement as JT explained, he would be forgotten and it would cause a chilling effect on future whistleblowers.
This is the same government that forced down the plane of a world leader because they thought Snowden might be aboard. Did we forget that, John, because I’m sure Snowden remembers well.
I think Snowden is wise to stay away.
However, I take some satisfaction that Glenn Greenwald is presently enjoying his visit to the United States. IIRC, there were many who felt he would be instantly incarcerated.