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Government Privacy

Should the U.S. Pardon Edward Snowden? (reuters.com) 191

Long-time Slashdot readers 93 Escort Wagon and schwit1 both shared the news that U.S. President Trump is "considering" a pardon for Edward Snowden, a former National Security Agency contractor who "leaked a trove of secret files in 2013 to news organizations that revealed vast domestic and international surveillance operations" carried out by the agency, according to Reuters: U.S. authorities for years have wanted Snowden returned to the United States to face a criminal trial on espionage charges brought in 2013. Snowden fled the United States and was given asylum in Russia... Trump's softening stance toward Snowden represents a sharp reversal. Shortly after the leaks, Trump expressed hostility toward Snowden, calling him "a spy who should be executed..."

Some civil libertarians have praised Snowden for revealing the extraordinary scope of America's digital espionage operations including domestic spying programs that senior U.S. officials had publicly insisted did not exist. But such a move would horrify many in the U.S. intelligence community, some of whose most important secrets were exposed.

In 2015 a petition with 100,000 signatures was submitted to the U.S. government seeking a pardon. But then-president Obama's Advisor on Homeland Security and Counterterrorism responded that "Mr. Snowden's dangerous decision to steal and disclose classified information had severe consequences for the security of our country and the people who work day in and day out to protect it," also arguing that Mr. Snowden had failed to accept the consequences of his actions. "He should come home to the United States, and be judged by a jury of his peers — not hide behind the cover of an authoritarian regime."

In 2016, then-president Obama insisted "I can't pardon somebody who hasn't gone before a court and presented themselves... I think that Mr. Snowden raised some legitimate concerns. How he did it was something that did not follow the procedures and practices of our intelligence community." But the New York Times disagreed. "Snowden told The Washington Post that he did report his misgivings to two superiors at the agency, showing them the volume of data collected by the NSA, and that they took no action," the Times wrote in an editorial pushing for clemency.

Others pushing for a pardon include Green Party presidential candidate Jill Stein, the American Civil Liberties Union, one million people who eventually signed another petition which was submitted to the White House — and Edward Snowden.
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Should the U.S. Pardon Edward Snowden?

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  • by rsilvergun ( 571051 ) on Sunday August 16, 2020 @01:03AM (#60405497)
    neither of the two viable candidates will pardon Snowden. So it's useless to question if he would be pardoned or not. It would take a fundamental change in American politics for Snowden to get away with what he did.

    He took a swipe at the ruling class. If you're gonna hit the king, you better kill the king.
    • Re: (Score:2, Interesting)

      by shanen ( 462549 )

      Yes, of course your Subject is valid, but distractions and feints and lies are the only things Trump understands, so why wouldn't he pardon Snowden if he thinks he can make political hay against Biden? And don't forget the desperation. Trump needs to change the subject as many times as possible.

      My own position is that Snowden is a whistleblower, perhaps even a hero, but the crimes were mostly big dick Cheney's and there's no way to hold Cheney to account. However privacy is already dead, so I'm not sure how

      • Re: (Score:2, Insightful)

        by gtall ( 79522 )

        Changing the subject is one of the alleged administration's aims. Another is to throw Hail Mary passes everywhere in the hopes that the cohorts of voters opposed to him will somehow magically come to believe he isn't walking sleaze. His big problem now is that he's offended so many groups he cannot favor one without screwing another. Example: his screwing up the USPS which the elderly rely upon more than most and will rely upon for voting. The current example is the alleged administration attempting to get

        • by Freischutz ( 4776131 ) on Sunday August 16, 2020 @07:51AM (#60406169)

          ... except that will piss off the rank and file Rs who believe he is a traitor ...

          Except they also believe the state is constantly out to tyrannise and even kill them so they build a tactical wall loaded with guns into every room in their house. That makes it doubly amusing that they consider the guy who exposed the tyrannical machinations of the US surveillance state a traitor.

      • (I wish I could see some rationale whereby Biden might pardon Snowden, but I'm completely dry on that well of inspiration. Ditto Harris, though she might be able to surprise me.)

        I could see Harris doing it to appease Democrats, because she is all in on law-and-order and that would convince some of them that she is flexible. But I could also see her refusing to ever do it because she is all in on law-and-order, and that makes her attractive to "moderate" Republicans.

    • by ceoyoyo ( 59147 )

      It would be very interesting if Snowden was pardoned, to see whether he survived or not.

    • by Shaitan ( 22585 )

      Probably. But of course the answer to the question is, yes. Of course he should be pardoned.

    • by cb88 ( 1410145 )
      A fundamentally good change... you know what he did, he sold out the powers that be that were breaking the law left and right... the man isn't perfect but he did a necessary service, the US government is of we the people, not we the secret courts and secret ops.
  • by Mr. Dollar Ton ( 5495648 ) on Sunday August 16, 2020 @01:06AM (#60405505)

    in the first place. The US used to provide asylum and protection to many a defector from a number of Communist countries, who exposed their systems of domestic spying and illegal foreign operations.

    Snowden did the same thing, why should he be treated differently?

    • by quenda ( 644621 )

      Snowden did the same thing, why should he be treated differently?

      Eh? He was treated exactly the same. He has asylum in Russia.
      And a good thing for Snowden that he never made it to South America. Russia is the one place the US would not dare assassinate him.

      • by Mr. Dollar Ton ( 5495648 ) on Sunday August 16, 2020 @02:51AM (#60405693)

        That'd be "the same treatment" if the US were some shithole totalitarian dictatorship, not a blooming democracy and the Leader of the Free World.

        • by Freischutz ( 4776131 ) on Sunday August 16, 2020 @07:22AM (#60406121)

          That'd be "the same treatment" if the US were some shithole totalitarian dictatorship, not a blooming democracy and the Leader of the Free World.

          ... led by the most divinely handsome big handed stable genius deal master in the known universe.

          If you are going to suck up to the US you had better not forget to heap copious quantities of sycophantic praise on their dear leader.

        • That'd be "the same treatment" if the US were some shithole totalitarian dictatorship, not a blooming democracy and the Leader of the Free World.

          What other nation has somewhere like Guantanamo Bay the US has where they seize people from other nations half way across the globe and incarcerate them with no evidence, no rights, no trial not even a kangaroo court?

          • What other nation has somewhere like Guantanamo Bay

            You mean like Saudi Arabia? Israel? Russia?

    • in the first place. The US used to provide asylum and protection to many a defector from a number of Communist countries, who exposed their systems of domestic spying and illegal foreign operations.

      Snowden did the same thing, why should he be treated differently?

      Because they were offering up information that would help the US to take action against communist nations and the USSR in the middle of the Cold War? Do you think they'd have been offered asylum and protection had they had nothing to offer? If you don't see how that is different to a US citizen giving up US state secrets which can be used by a foreign power against the US then I don't know what to say.

      • If you don't see how that is different to a US citizen giving up US state secrets which can be used by a foreign power against the US then I don't know what to say.

        Snowden did not give up US state secrets that could be used by a foreign power, he gave the US citizens knowledge about violations of their basic rights by a government they trusted. He should have gotten an even better treatment than many a Cold War dissident tool, whose role was at most a pawn in the propaganda game.

  • by h33t l4x0r ( 4107715 ) on Sunday August 16, 2020 @01:08AM (#60405511)
    If he can deliver an October Surprise, he'll get his pardon.
    • If he can deliver an October Surprise, he'll get his pardon.

      IMHO the pardon would be an adequate October Surprise all by itself.

      Not to mention that, once pardoned, he could come back here and talk his head off. I can think of nothing more likely to convince people of the existence of a "Deep State" than exposing more of the historic shenanigans of the spook community.

      After all, if you're, say, a retired (or still employed) CIA expert, with training and a career in covertly subverting social institutions of

    • by jd ( 1658 ) <imipak@yahoGINSBERGo.com minus poet> on Sunday August 16, 2020 @04:02AM (#60405753) Homepage Journal

      The promise is merely enticement for the gullible. He'll offer it after the election, so as to get more votes from the Libertarians.

      Do I think Snowden did the right thing and should be pardoned? Yes. But Trump doesn't care about the right thing or the country. Trump cares about Trump.

    • by Registered Coward v2 ( 447531 ) on Sunday August 16, 2020 @06:33AM (#60406021)

      If he can deliver an October Surprise, he'll get his pardon.

      The only reason Trump would pardon Snowden is if her thinks it will help him win the election; he doesn't give a shit about Snowden or any of the issues surrounding him. Personally, I think pardoning Snowden would hurt Trump with his base and leave him open to accusations of 'hating the military" and pardoning "spies who sold secrets that resulted in dead soldiers,,," and weaken his "law and order" stance. Much of his base barely knows who Snowden, beyond he stole secrets and fled to Russia. For all his faults, Trump is very media savvy and knows he'd have a hard time changing the message if he pardoned Snowden.

      If he could come up with a deal with Snowden that would hurt Biden he'd do it, but Snowden faces a paradox: if He releases information that might be useful he loses whatever leverage he has for a pardon, and Trump can trumpet the revelations while forgetting the pardon part. If he pardons Snowden first, he faces blowback from his base and Snowden, no longer facing criminal charges, no longer needs to help Trump if he doesn't want to and would probably need to factor in his supporters response if he was seen as helping Trump win reelection.

      Trump would be more likely to cut a deal with Putin to kick out Snowden and then brag about bringing a traitor to justice. If Putin wants to help Trump, and views Snowden more useful to further his goals by turning him over to the US than by keeping him in Russia he'd kick him out in a heartbeat.

      • Putin never stopped thinking like a Russian spy. It should be clear that Snowden doing well undermines authoritarian spycraft. It's an example for future spies.

        Same as the mob. Putin illegally kills "traitors" decades later when they find them hiding anywhere on earth. Putin hates Snowdens but he views this as his enemy's enemy is his friend. Putin wants Snowden to succeed publicly.

    • Comment removed based on user account deletion
  • Trump has long held the belief that his campaign was illegally spied upon by those in power prior to his taking office.

    Given that Snowden was trying to bring attention to the fact that such things were taking place on a massive scale, it puzzles me why this would be a tough decision for Mr. Trump at all. Without the revelations that Snowden bestowed upon us, such discussions would still be the stuff of conspiracy theorists.

    ( Don't give the me " He should have taken it through the proper channels / chain of

    • Trump has long held the belief that his campaign was illegally spied upon by those in power prior to his taking office.

      Given that Snowden was trying to bring attention to the fact that such things were taking place on a massive scale, it puzzles me why this would be a tough decision for Mr. Trump at all. .

      He is probably well aware someone would Willy Horton him and that would hurt him with some off his base.

    • ( Don't give the me " He should have taken it through the proper channels / chain of command " bullshit either. When the entire intelligence community is engaging in illegal activity, the protests of a single person who threaten the status-quo are easily buried. ( metaphorically and / or literally ) )

      He did take it through (to) the proper channels. Over ten times. They didn't want it. He was left with two choices, either continue to help break the law, or announce that our government was breaking the law. He chose the one that benefited The People at great personal cost to himself. He is a hero to anyone who believes in freedom from oppressive governments, and only those who love fascism see him as a villain.

    • Trump's statement that was so hostile to Snowden was before the election when CITIZEN Trump heard what we all heard about this young man leaking info damaging to American national security.

      Trump's more recent statement is from a Trump who has endured a 4+ year long avalanche of dishonesty and propaganda by the very people in the intelligence agencies that Snowden exposed. The very CIA and FBI and DOJ officials who were supposed to be protecting the rights of American citizens were spying on citizen Trump an

  • How the hell can you pardon someone without convicting them first? There is no double-jeopardy without a trial.

    • by Anonymous Coward on Sunday August 16, 2020 @02:05AM (#60405619)

      How the hell can you pardon someone without convicting them first? There is no double-jeopardy without a trial.

      A pardon completely absolves the individual of the crime and lets him go free. Ford pardoned Nixon "... for any crimes that he might have committed against the United States as president" before any trial took place.

      On the other hand, the President can choose instead to commute (reduce) a sentence only after a guilty verdict, leaving the conviction itself in place.

    • How the hell can you pardon someone without convicting them first? There is no double-jeopardy without a trial.

      That's how the law is interpreted. You can't commute without a prosecution, but you can pardon before a trial. there's records of this happening.

  • Analogy (Score:5, Insightful)

    by Rosco P. Coltrane ( 209368 ) on Sunday August 16, 2020 @02:15AM (#60405639)

    Should the German state have pardoned Martin Niemoller [wikipedia.org] in 1938? Of course they should have, but... Germany... 1938...

    Snowden shouldn't have to be "pardoned", because he shouldn't have had to flee the country in the first place, because what he did was utterly patriotic and worthy of a medal *in a democratic country* - which of course the US isn't, and hasn't been for many decades.

    Case in point: the exact same thing happened to Daniel Esllsberg [wikipedia.org] back in 1971. That's 50 years ago.

    • Worth noting: Ellsberg was never acquitted or pardoned—the case was thrown out due to tampering from the Nixon administration—so it’s still an open question of whether this sort of whistleblowing is legally justified. Morally? Most certainly, but the legal question remains open.

    • The US has never been "a democratic country". It's only ever been partly democratic. And initially, it wasn't democratic at all. It was deliberately oligarchic. You had to be a white male landowner to have a vote. Now you have to be a corporation.

    • Ellsberg was a traitor. Vietnam was a justified proxy war against Russia.

  • If you disagree for absolutely any reason, or even "agree" but run interference about it because Trump is talking about it, this is one of a very few things you could do by itself that makes me want you out of my country to a homcidally violent degree.

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Sunday August 16, 2020 @02:51AM (#60405695)
    Comment removed based on user account deletion
    • I agree with you, except the pardon is still necessary because of how bad the laws are. The law only bases guilt around whether or not he leaked information, it doesn't take into account whether it was right to do that or not. In a better world he wouldn't need the pardon, but in ours he does.

  • Snowden can be essentially assassinated without trial. Oh, and as a matter of law, a trial is not required before receiving a pardon.
  • Yes. (Score:4, Insightful)

    by Qbertino ( 265505 ) <moiraNO@SPAMmodparlor.com> on Sunday August 16, 2020 @04:52AM (#60405829)

    Degrade his security rating to minus 10 million or something, have him pay a token fee of a few thousand bucks for some bureaucratic reason anyone can come up with and have an independent US NGO ask him if he would like to lead a US citizens board for controlling the three-letter agencies and observe their machinations vis-a-vis the innocent US common citizen.

    If I were POTUS I would've done this years ago.

    Bring him back and let him be the honorable US citizen he is.
    He *is* a hero and the US should be mature enough to honor his deeds for the american people.

  • A correct use of the term "hero"... as opposed to the usual case, where it is used for people paid to invade foreign countries and murder random people without trial based on vage accusations /totally/ unlike the behavior the accused are accused... --.--

  • Trump has no strategy and no foreign policy. How could he? He doesn't really understand foreign affairs and doesn't know about most of the countries in the world, and he doesn't listen to his advisors.
    He's motivated mostly by narcissism, and since he barely knows what he's doing, he just fishes in the dark and meddling around, powered by wishful thinking to make something great, truly great happen. This isn't the first time he makes a 180 degree turn because he senses an opportunity to make headlines.

    Maybe

  • Now matter how strong the case can be made for a full pardon for Snowden if he were to return to the US, it will NEVER happen.

    The reason is both simple and has nothing to do with Edward Snowden:-

    If the President were to pardon him, or commute any sentence he may be given if tried and convicted, then this sends a subliminal message to other, potential future leakers that they too might be pardoned if the go public with material that is clearly in the public interest.

    It would cripple the US Intellige
  • Thatâ(TM)s not how it works. Snowden has not been tried and convicted...even in absentia.
    Pardons are for convictions.

    What Trump is doing is saying that the Feds will look the other way and ignore the law.

    Under this administration, that is par for the course.

    • by haus ( 129916 )

      There is no requirement for a conviction in order to receive a pardon. Perhaps the most famous example of this is when President Ford pardoned Nixon for his crimes. This occurred before there was a conviction, heck charges had not even been filled when Nixon was pardoned.

  • Snowden should receive the Presidential Medal of Freedom.

  • According to all public accounts, Snowden stole large amounts of information that had nothing to do with questionable U.S. intelligence orgs' activities against U.S. citizens. I read claims in the press that he claimed that he didn't give any of that other info to China or Russia. A total lie, I believe. Russia didn't grant Snowden asylum for free. Snowden had to earn it. He had nothing to trade except all the information that he stole.

    Trump would prove his critics right if he were to pardon Snowden's crimi

  • I am surprised this is still debated
  • Reality Winner deserves a pardon far more than Edward Snowdon

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