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Non-Binding Resolution: EU States Should Protect Snowden

The New York Times reports that the European Parliament has voted to adopt "a nonbinding but nonetheless forceful resolution" urging the EU's member nations to recognize Edward Snowden as a whistleblower, rather than aid in prosecuting him on behalf of the United States government. From the article: Whether to grant Mr. Snowden asylum remains a decision for the individual European governments, and thus far, none have done so. Still, the resolution was the strongest statement of support seen for Mr. Snowden from the European Parliament. At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States. ... The resolution calls on European Union members to "drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties." Also at Wired, USA Today and many others; Snowden himself has tweeted happily about the news.

31 of 210 comments (clear)

  1. Sovereignty by Anonymous Coward · · Score: 2, Funny

    Breaking news: EU Parliament grudgingly acknowledges the remaining limited sovereignty of member states.

    1. Re:Sovereignty by Xest · · Score: 3, Informative

      No he's right, it was a political union designed to bind Europe together to make another war unthinkable. NATO was designed to stop Russia (well, the USSR at the time) marching into Europe to undo all of that which is exactly as Russia is trying to do again now with it's invasion into Ukraine and it's funding of far right europhobic political groups like France's FN, the UK's UKIP, and Greece's Golden Dawn whose main policies are to pull their respective countries out of the EU, hence weakening the EU and opening the door further for Russian intrusion.

      Both were certainly primarily created to keep Europe from war, although NATO also protects the likes of Canada's northern borders and Alaska too of course.

    2. Re:Sovereignty by youngone · · Score: 2, Informative

      The primary goal of the European Parliament is to create a political union that works to prevent a repeat of the march to war that led to world wars 1 and 2. It has worked well for a long time.

      Europe was at war with itself from the collapse of the Roman Empire until 1945, with very few years of peace. When the most efficient way of killing people was to hit them with a sword, and the economy was largely agrarian, wars didn't really kill lot of people.

      With the rise of the modern state, and industrial revolutions, wars killed progressively more and more people, ( the 30 years war of 1618 to 1648 killed maybe 25% of the population of Germany for instance).

      Wars also became steadily more global, with the Napoleonic Wars for example fought everywhere Britain and France had interests. The French and the Germans were very wise setting up the European Union, in my view. It has succeeded in it's original aim of preventing the tanks from rolling.

    3. Re:Sovereignty by TechyImmigrant · · Score: 2

      >> a political union that works to prevent a repeat of the march to war that led to world wars 1 and 2

      No, I think that was NATO. I thought the EU was about a common currency and set of laws that would allow it to function as a united bloc against powers like the US and China.

      EEC (1951) -> Schengen Agreement (1985) -> EU (1993 - Maastricht Treaty) --> EMU (Economic and Monetary Union - spread over the 1990s) .

      It's about all of the above. Preventing internal wars, defining Europe as a Western power, economic improvement through freedom of goods, currency and labour.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  2. This seems contradictory by JustNiz · · Score: 4, Interesting

    This seems entirely contradictory to their stance on Assange.
    I wonder why.

    1. Re:This seems contradictory by bfpierce · · Score: 2

      Snowden isn't accused of a sex crime as Assange is, and that ultimately is the only difference really that I can see. Assange isn't under thread of extradition from the 'espionage', it's that whole other thing.

    2. Re:This seems contradictory by Lisias · · Score: 4, Interesting

      This seems entirely contradictory to their stance on Assange.
      I wonder why.

      It's a wild guess, but perhaps Snowden being a whistle blower that helped (indirectly) the EU in their privacy concernings, in contrast with Assange, that is a whistle blower that fsckd up every single Country in the World, can be a reason.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    3. Re:This seems contradictory by Solandri · · Score: 3, Informative

      Snowden has narrowed down his information releases to one specific topic - secret government monitoring of civilian communications channels. In both the U.S. and EU, Snowden is probably right and this was illegal on the part of the government. Assange (and Manning) took an indiscriminate approach and just released everything they could get their hands on, legal or illegal, right or wrong. No government with secrets of their own is going to condone or encourage the latter.

      IOW, Snowden was blowing the whistle to try to stop the train to save it. Assange and Manning were trying to derail the train.

    4. Re:This seems contradictory by Anonymous Coward · · Score: 2, Informative

      People actually believe the rape accusations which coincidentally happened right after he embarrassed the US military by publishing the truth?

    5. Re:This seems contradictory by fredrated · · Score: 2

      What train, the train of surveillance? That train needs to be derailed.

  3. Good by Avarist · · Score: 5, Insightful

    Happy to see common sense, perhaps struggling, but still win. It's long overdue for Europe to stand up to the crumbling US.

    --
    In Capitalist US, the commerce controls the Government.
  4. Meaningless Gesture by EmagGeek · · Score: 2

    Unless those member states are willing to violate their extradition treaties with the United States, the resolution is more or less meaningless.

    1. Re:Meaningless Gesture by Halo1 · · Score: 2

      Unless those member states

      This is not a resolution by the member states. The member states are represented at the EU level by the EU Council of Ministers. The European Parliament is the (only) directly elected part of the EU structure, which often is at odds with the Council of Ministers (where the ministers often think more of national interests than of EU interests) and the Commission (which tends to do the opposite, or is too much steered by bureaucrats).

      are willing to violate their extradition treaties with the United States, the resolution is more or less meaningless.

      You piqued my interest, so I looked up the extradition treaty between the US and Belgium. It provides for exclusions for "political offences". If there would be sufficient political will, Snowden's offence could definitely be argued to constitute a political offence. There's also an exception possible if the requested state determines that the request is politically motivated.

      So, while I doubt there would be sufficient political courage/will on behalf of the Belgian government to stand up to the US government in this case, there would not be any technical/legal problem as far as the extradition treaty is concerned (in my layman opinion).

      --
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    2. Re:Meaningless Gesture by Xest · · Score: 4, Informative

      Not one extradition treaty in an EU member state overrules the European Convention on Human Rights which all EU member states are signatories to and members of.

      The lack of the US' ability to guarantee Snowden will be granted a fair trial, means that any extradition treaty will be irrelevant in the face of a European Court of Human Rights challenge using the European Convention on Human Rights and it's implementations.

      This is precisely why the convention and court exist - to prevent any member state treating someone unfairly in violation of their fundamental rights by acting as a higher power that can determine if a member government is treating people within it's borders fairly or not. It's a fine example of the importance of it all, it's one entity that can tell governments it doesn't give a shit how much they wish to kowtow to the US, fundamental human rights come first.

      Of course a nation state could break protocol and ignore an ECHR ruling, but then it also doesn't get to dictate to places like China, Russia, and so forth about human rights anymore, because it would then be hypocritical and meaningless to do so.

    3. Re:Meaningless Gesture by SvnLyrBrto · · Score: 2

      In the past, we've also given full trials and due process to criminals much worse than anyone we're holding in Guantanamo Bay. Granted Nuremberg was an international thing, not just a US procedure. But still, we had open trials, not a indefinite detention in an extraterritorial prison camp.

      Sadly, we've fallen from what we were before 9/11. And not only do we maintain that gulag in Cuba, we also have a network of black sites in eastern Europe and Asia where we shuffle people off to be tortured and murdered by the CIA; or, to put it politely, subject people to "extraordinary rendition".

      --
      Imagine all the people...
    4. Re:Meaningless Gesture by Antique+Geekmeister · · Score: 2

      > What makes you think he'd not get a fair trial in the US?

      Given the extraordinary nature and extent of the documents, the trial would not possibly be open, Judge and jury (if there was one) and defense attorneys would operate under extraordinary limitations of access to witnesses and documents that would establish justification for his whistle blowing, and various intelligence agencies would likely operate extra-legally to insure his conviction or even his early murder.

    5. Re:Meaningless Gesture by NicBenjamin · · Score: 2

      And how would that be authorized by the Constitution?

      Seriously, this is a fucking simple trial. This is what happens:

      1) The Prosecutor reads the statute, which bans leaking of Classified info.
      2) The Prosecutor shows a document, any document, from the stash that Snowden leaked.
      3) The Prosecutor cues up a video of him explaining why he leaked it.
      4) The defense does something, probably involving blaming Karpeles, because it is literally illegal for them to mention to the Jury that Snowden thought the leak was in the public interest. Any Juror likely to know that the leaks were in the publci interest, exposed PRIMS, etc. would have been banned by the Judge for knowing too much about the case pre-trial.
      5) The Jury convicts because it is extremely unreasonable to conclude that Ed Snowden did not leak the documents.

      There's no need for secrecy, special assassination teams, or anything special.

  5. Re:Must be public pressure in Europe. by Ravaldy · · Score: 2

    That's not true. Politicians are quick to do the right thing if they have support to do it.

  6. There are alternative explanations by 93+Escort+Wagon · · Score: 3, Interesting

    At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States.

    Or, maybe European politicians are just sharply divided over the issue. That would be easy to believe, even if it doesn't fit the narrative of the poor little EU always cowering whenever the US clears its throat.

    --
    #DeleteChrome
  7. Re:EU Should Mind Their Own Business by Anonymous Coward · · Score: 2, Insightful

    No, he needs to come back and stand trial, and only punished if that is what the court decides.

    (which it shouldn't, but that's not my decision)

  8. Re:EU Should Mind Their Own Business by TechyImmigrant · · Score: 2

    They have better things they should be focusing on, like keeping the migrant hordes away from the borders.

    Snowden is a fugitive from US justice, he must answer for the crimes he committed against the US government. This is none of the EU's business, this resolution is just a masturbatory exercise.

    Snowden needs to be brought back to the US and punished.

    It seems that he worked around that problem. Maybe the NSA should have behaved instead.

    The EU is a fine example of why keeping the migrant hoards away from the borders is counterproductive. The sky did not fall in. The restaurants got better because they could get more native talent for their cuisine type.

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  9. Re:Must be public pressure in Europe. by Rei · · Score: 5, Interesting

    It's really hard to extradite from the EU anyway even for non-politically-connected crimes. It took 8 years even to get Abu Hamza, which was about as open and shut as possible (including convictions in the UK) for about as hateable of a figure as possible for serious of crimes during a period where there was a major push to prosecute said crimes. The ECHR in particular is a major refuge for people arguing political prosecution. The right in many countries like the UK hates them, as they make it hard to prosecute many types of crime and force them to guarantee all sorts of rights for prisoners (like assisted reproductive services for sex offenders and such). In the case of Abu Hamza, they ruled that a variety of conditions in US prisons are "torture" and he couldn't be extradited until the US promised to make all sorts of restrictions on how he would be housed. They also had to agree to not seek the death penalty, and nearly required the US to not seek life in prison either. And if the US would ever break any of their promises, the ECHR would impose a general ban on extradition to the US (as they've done with many other countries), as it's against EU law to extradite to countries who do not have a track record of upholding their pledges concerning prisoners (it was imposed in the aftermath of the Agiza/Alzery case)

    Now, this shouldn't be confused with moving people between EU states under the EAW process (surrender, not extradition), which is generally rather easy. EAWs bypass the executive branch entirely, and the automatic presumption is that the warrant is valid and should be enforced rather than the other way around.

    Honestly, what would work out best for everyone would be if the US agreed to plea bargain with Snowden. He seems interested in it, the US would still send their message that "you can't run from the law forever", etc.

    --
    "Oh, goodness. Look at my wrist, I have to go." "But what about your clothes?" "I don't love these."
  10. Re:EU Should Mind Their Own Business by Anonymous Coward · · Score: 2, Informative

    There's no end to the punishment I would deliver to Ed.

    First, I'd sentence him to a ticker tape parade.

    Then he'd be made to suffer the receipt of one million ounces of gold.

    Finally, I would inflict a lifetime exemption from all taxation - federal, state, county, and local - upon him and his descendants to the tenth generation.

    I would be absolutely merciless.

  11. Re:EU Should Mind Their Own Business by Bugler412 · · Score: 4, Interesting

    given the pre-judgment, the media coverage, the classified data involved and the associated "national security" options to block the use of that data as evidence for or against him, do you think there is even the slightest chance that Snowden could receive anything close to a "fair trial" in the US?! Nope, not possible....

  12. Re:EU Should Mind Their Own Business by ScentCone · · Score: 2, Insightful

    Of course it would be a fair trial. And the trial would fairly convict him of exactly the crimes he committed. The reason he's elsewhere is that he knows a fair trial would result in a long prison sentence - exactly in keeping with the consequences to which he agreed when he decided to get into the sensitive work he betrayed.

    --
    Don't disappoint your bird dog. Go to the range.
  13. Re:EU Should Mind Their Own Business by Frank+Burly · · Score: 2

    A fair trial is certainly possible, assuming that he is charged with releasing classified data or something like that the actual content of the classified data is irrelevant. But few of his supporters even argue that he did not release classified data, or that there is no law against releasing classified data. Rather, they argue, that Snowden was serving a higher purpose in breaking the law, therefore he should be found innocent. Necessity is a defense, even to murder, but under the most generous terms these circumstances would not make it necessary to release everything that he did (I am thinking specifically of the revelations of our eavesdropping on foreign governments--which is exactly what the NSA should be doing). Snowden supporters argue that he stole the equivalent of a loaf of bread to feed his family, but a lot of the stuff looks like stolen cigarettes which he sold at a price that was almost giving them away.

  14. Re:Must be public pressure in Europe. by Major+Blud · · Score: 3, Informative

    This guy? Looks like he was found VERY guilty.

    https://en.wikipedia.org/wiki/...

    --
    If you post as Anonymous Coward, don't expect a reply.
  15. Re:EU Should Mind Their Own Business by nehumanuscrede · · Score: 3, Insightful

    There is no such thing as a fair trial when the prosecution can use any number of trump cards to ensure things go their way.

    The big one being the State Secrets Privilege. Since all of the evidence is classified ( and the majority of it at Secret / TS level ) there is no way on the planet the intelligence community is going to allow that material to be presented in a courtroom. If you're unable to use any of the smoking gun evidence you've collected in your defense, I'm curious how you would consider the trial to be a fair one ?

    To wit:

    The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security.

  16. Re:EU Should Mind Their Own Business by ScentCone · · Score: 2

    There is no such thing as a fair trial when the prosecution can use any number of trump cards to ensure things go their way.

    You mean, like the truth? The fact that person on trial not only admits what he did, but is on record crowing about it? What else there to even discuss?

    He doesn't need to present the content of stuff he stole to defend himself, because he's on the record as explaining that he did it, when he did it, how it did it, and why he did it. Case closed. Unless you're going to suggest that he'll deny everything he's said?

    --
    Don't disappoint your bird dog. Go to the range.
  17. Re:EU Should Mind Their Own Business by ScentCone · · Score: 2

    He should be safe under the whistleblower act

    He had no interest in availing himself of the act's protections. He was showboating. Your cartoon fantasies about him dying by fake heart attack, etc., suggest you have exactly as immature and grandstanding-oriented as Snowden (who is clearly realizing what a mistake he made in thinking that treachery was going to count as "cool" for long enough to set him up for life in a place less crappy than Russia, where things are actually more like the cartoon fantasy evil empire crap he pretended to believe about the US).

    --
    Don't disappoint your bird dog. Go to the range.
  18. Re:Must be public pressure in Europe. by aaaaaaargh! · · Score: 5, Insightful

    People in the EU may have a problem with the place, but it is specifically for holding illegal combatants captured in the field by the military who are not POWs under the Geneva Convention. It's not a gulag or a concentration camp for political prisoners.

    Uhm, that's exactly what it is, which is why people in the EU have problems with it. Kidnapping people from the soil of sovereign countries and then holding them without due process for indefinite time without trial, oversight by third parties (e.g. Red Cross), way to appeal the imprisonment or access to a lawyer on some remote military base is the hallmark of injustice. It couldn't possibly get worse -- well, it could, if you additionally hold some of them in cages and torture them with sleep deprivation and waterboarding.

    If you can't see the atrocity of this then I feel very, very sorry for you.