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Edward Snowden Makes 'Moral' Case For Presidential Pardon (theguardian.com)

An anonymous reader quotes a report from The Guardian: Edward Snowden has set out the case for Barack Obama granting him a pardon before the U.S. president leaves office in January, arguing that the disclosure of the scale of surveillance by U.S. and British intelligence agencies was not only morally right but had left citizens better off. Speaking on Monday via a video link from Moscow, where he is in exile, Snowden said any evaluation of the consequences of his leak of tens of thousands of National Security Agency and GCHQ documents in 2013 would show clearly that people had benefited. "Yes, there are laws on the books that say one thing, but that is perhaps why the pardon power exists -- for the exceptions, for the things that may seem unlawful in letters on a page but when we look at them morally, when we look at them ethically, when we look at the results, it seems these were necessary things, these were vital things," he said. "I think when people look at the calculations of benefit, it is clear that in the wake of 2013 the laws of our nation changed. The [U.S.] Congress, the courts and the president all changed their policies as a result of these disclosures. At the same time there has never been any public evidence that any individual came to harm as a result." In his wide-ranging interview, Snowden insisted the net public benefit of the NSA leak was clear. "If not for these disclosures, if not for these revelations, we would be worse off," he said. But Snowden still wants to return to the U.S. and seems confident, in spite of all the evidence to the contrary, that it will happen. "In the fullness of time, I think I will end up back home," he said.

29 of 387 comments (clear)

  1. Not going to happen by Dunbal · · Score: 5, Insightful

    Snowden is assuming that a bureaucracy is a thinking, human beast. They don't care. Period. Not their problem. He's been labeled as a "bad guy", and absolutely no one has any incentive or compulsion to change that. Someone else's department. No one cares. US government suffers not one bit. Snowden's life is screwed forever. That's how it works. If you mess with government, they are going to mess with you right back. Problem is they have infinite resources, and that includes time. Your life is finite.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Not going to happen by BarbaraHudson · · Score: 4, Insightful

      The only opinion that matters is Obama's. He's the one who can grant a pardon, and the Constitution makes it stick. Doesn't matter what the rest of the government thinks. THAT is how it works. Unfortunately, Obama probably won't - his "legacy" would be at risk.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:Not going to happen by Dunbal · · Score: 4, Insightful

      Considering the fact that Obama was perfectly willing to publicly state that he wasn't going to start grounding airplanes to catch Snowden and then did just that (setting a dangerous diplomatic precedent that has already been repeated) - I highly doubt Obama is going to be pardoning Snowden.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Not going to happen by msauve · · Score: 3, Insightful

      "his "legacy" would be at risk."

      Hell, he got a Nobel Peace Prize for doing nothing, so he's already gotten his "ADVANCE TO GO (COLLECT $200)" card.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    4. Re:Not going to happen by Anonymous Coward · · Score: 2, Insightful
    5. Re:Not going to happen by Anonymous Coward · · Score: 0, Insightful

      Yeah Obama is such a big man he's stopped being President of the United States and become the Hillary Clinton spokesperson, making campaign pitches for her - ON YOUR DIME. It used to be a President would limit himself to endorsing a candidate but apparently the democrats have sunk so low that the incumbent sees no problem with making constant sales pitches for his fellow party candidate. Hello. He's not getting paid to do that. The time he spends doing that is supposed to be spent actually running the country, not setting up his party. I hope to hell the democrats plan to include those several million dollars an hour free advertising, international media coverage and presidential security detail in the statement where they declare campaign contributions.

    6. Re:Not going to happen by Anonymous Coward · · Score: 2, Insightful

      ...making campaign pitches for her - ON YOUR DIME. He's not getting paid to do that. The time he spends doing that is supposed to be spent actually running the country, not setting up his party. I hope to hell the democrats plan to include those several million dollars an hour free advertising, international media coverage and presidential security detail in the statement where they declare campaign contributions.

      Have you ever heard of congress? Have any gripes with them? El Pres doesn't make much more than those worthless fuckers. And there are hundreds of them. They spend a few days a year being obstructionists, and the rest of the time pimping themselves out.

    7. Re:Not going to happen by ArmoredDragon · · Score: 3, Insightful

      As much as I'd like to see Snowden pardoned, I think he's probably wrong about why pardons exist. It seems to me that they originally existed as a means of nobility keeping political allies in power instead of dead or in jail. Who else would a king bother to pardon? Granted, the first high profile federal pardons in the US were for the whisky rebellion, so perhaps in the US context he might be right, but the US took the concept of pardons from the country that it rebelled from.

    8. Re:Not going to happen by FlyHelicopters · · Score: 2, Insightful

      With Trump being the "alernative' the choice is easy.

      When you learn to spell, you can vote...

      Trump might be good or bad, but Clinton is evil...

    9. Re:Not going to happen by greenfruitsalad · · Score: 3, Insightful

      he's better off not pardoned (yet). right now, if he returns pardoned, some yank nutcase with " 'mah rifle, 'mah deeemocracy and 'mah obligiateon to do what's riiight" will put a bullet in his head and feel he's doing everybody a service.

    10. Re:Not going to happen by Oswald+McWeany · · Score: 3, Insightful

      He spoke out to fight government oversight and abuse of government power. He could barely be in a worse country for government abuse of power and invasion of privacy. Besides, Russia is a bit of a craphole of a place to live, regardless of obesity.

      The average lifespan of a man in Russia is 65. Yes, 65. No freedom of press. A government constantly at odds with the rest of the world. No true democracy.

      I wouldn't want to be exiled in Russia- there are probably over 100 countries I would choose to live in before Russia.

      --
      "That's the way to do it" - Punch
    11. Re:Not going to happen by Oswald+McWeany · · Score: 4, Insightful

      *The US never had a monarchy*

      You can thank George Washington for that. A lot of people wanted to crown him king- there was pressure to make him one but he turned it down.. He could have gotten away with it if he were a lesser man. America was lucky they had Washington in charge of the army at that point instead of someone else.

      --
      "That's the way to do it" - Punch
  2. I think... by 110010001000 · · Score: 2, Insightful

    He is a hero. Like Elon Musk he continues to shape society both today and for the future.

    1. Re: I think... by DMJC · · Score: 5, Insightful

      What about his oath to uphold and defend the constitution from all enemies including domestic? The NSA surveillance clearly violates search and seizure and the 4th ammendment, From the US Constitution: "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." I don't see probable cause determined with the NSA domestic spying programs.

    2. Re: I think... by Anonymous Coward · · Score: 5, Insightful

      Yes, he is a criminal. He wouldn't be needing a pardon, otherwise.

      He had to break the law to reveal how our government was wantonly and routinely breaking the law, to our detriment. Our own government betrayed our trust, and harmed us by doing so, and Snowden sacrificed his liberty to reveal that truth to us.

      Hero.

    3. Re: I think... by WindBourne · · Score: 4, Insightful

      and that is why his whistle blowing, which he did initially, was a GOOD THING.
      It was all the rest where he became a traitor telling LEGAL THINGS THAT NSA DOES AND HOW THEY DO IT.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    4. Re: I think... by ShanghaiBill · · Score: 4, Insightful

      He is a hero.

      He is a criminal

      Those are not mutually exclusive. Why can't he be both?

    5. Re: I think... by Sarten-X · · Score: 4, Insightful

      18 U.S.C. 798. Note how that law has no mention of malicious intent. It doesn't matter whether Snowden had noble intentions when he broke the law; it is still a violation. This is in contrast to other laws he may have broken (like 18 U.S.C 2381) which require making the case that Snowden's goal was to aid the enemies of the United States.

      That distinction is important when Snowden claims that he won't get a "fair trial". In a trial, the question is whether the defendant broke the law. A fair trial means the defendant has a fair chance to defend himself. Regarding section 798, Snowden could argue that he wasn't really the one who leaked the information, or could claim that he was misled to believe that Glenn Greenwald was authorized to receive the information, or he could argue that the whole affair is an elaborate conspiracy to frame him. Unfortunately, he's already quite publicly stated that he took classified material about communications intelligence and made it available to the public. He still can get a fair trial just as soon as he sets foot on American soil, but "fair" and "likely to win" are two very different things.

      Snowden's motives can then be used during sentencing to argue for a lighter sentence, and that would probably be fairly successful, since the NSA has directly and indirectly admitted some wrongdoing on their own behalf. On the other hand, despite Snowden's claims, there's very little (unclassified) evidence that he actually tried to pursue any legal alternatives, and there's a growing amount of evidence that Snowden's leak benefited foreign parties. That part of the trial will be far more difficult to predict.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    6. Re: I think... by FlyHelicopters · · Score: 4, Insightful

      Yeah. Its not like treason or anything is against the law.

      The American Revolution was illegal as well, consider that...

    7. Re: I think... by dbIII · · Score: 5, Insightful

      there's very little (unclassified) evidence that he actually tried to pursue any legal alternatives

      However a LOT has come out about several people who tried to blow the whistle within the system in the NSA and ended up in deep shit with absolutely nothing done about the problems they tired to expose.
      If he wanted anyone outside the NSA to get the news, including the people who are supposed to be running it, there does not appear to have been a way he could do it without breaking the law.

  3. In a moral world, yes, Snowden would be home by Anonymous Coward · · Score: 5, Insightful

    If the US information network were collectively moral, then yes, Snowden would be pardoned and he would end up home and happy. But its like the Great Train Robbery writ large. If you honestly believe that will happen, look at Bradley (Chelsea) Manning and the rat Adrian Lamo. Lamo ratted Manning out to be a hero. Lamo instead showed himself to be a rat (and is rightfully disparaged and has to live in hiding, where rats live). But Manning got 35 years. Now look at people who *didn't* whistleblow, but expressed concern *within the system*. I'm talking about Thomas Drake. He created ThinThread(tm) which lets analysts at the NSA go through massive volumes of data and pinpoint users extremely quickly. Its incredibly accurate, and much more powerful than what the NSA was using: Trailblazer. Drake created Thinthread with built in safeguards to respect the US constitution. Initially the NSA didn't want it, but when Trailblazer performance was horrid, they switched to Thinthread(tm) but without the safeguards. Drake raised his concerns. He was reprimanded by his superiors at the NSA. When he went to a politician (and attorney with security clearance) about the issue (his superiors were playing fast and loose with citizens constitutional rights), he was followed by agents, placed under house arrest and threatened by a district attorney with 30 years in prison. They also threatened his wife and children. This guy is on the inside and trying to do the right thing. Snowden saw what happened to Drake, and went to Russia. The people who threatened Drake are legion. They don't care about "moral thing". They don't even care about "constitutional rights". They are concerned with greed, power, getting ahead, and what Snowden and Drake are advocating --oversight-- is a direct challenge to that. Snowden might be pardoned, but only in history books.

  4. No chance. by matbury · · Score: 4, Insightful

    Snowden's not going to get a pardon because bravery is infectious and they want to send a clear message to everyone else who has access to classified information: "We don't care how right you are, we'll hound you to your grave if you embarrass us."

  5. The Free State Welcomes Edward Snowden by Anonymous Coward · · Score: 1, Insightful

    The migration of liberty activists to New Hampshire will welcome him should we ever win independence. The movement is strong gaining new movers every week and unlike other movements has only grown larger over the years. There is no place in New Hampshire that you won't find a growing, active, no thriving community of activists who are fighting government and we're going to win because we have time. We have patience. The people want liberty will and are moving for it. And unlike setting up a new country or trying to take over one there are no restrictions within the boarders of the United States to hamper the movement. If you believe that the state should not utilize violence to achieve political goals (like educating our children, feeding our hungry, or locking up people who've committed no violence against another) then you should move to New Hampshire. We want to get rid of drivers licenses, license plates, and having to ask the government permission to earn a a living. Keene, the town where I live, of less than 30,000 people is already the # one place in the world for BitCoins. We can build other non-governmental systems that don't utilize force to ensure the safety of our restaurants. We accept that life has some risk and that it's not worth punishing everybody for the actions of a few (just because there are a few drunks on the roads does not mean the state should have a right to utilise violence blatantly in disregard for all other driver's rights on the road). We don't need government feeding out hungry or stealing money from the people whom thus become dependant on government hands out to feed and brainwash (ie educate) their children.

    www.freekeene.com www.freestateproject.org www.freetalklive.com

  6. He is asking those he has harmed to pardon him by zerofoo · · Score: 4, Insightful

    Do you honestly think the executive branch had no knowledge of the NSA's domestic spying activities? I'm willing to be ALL branches of government not only knew of these activities, but actively used them for their benefit.

    There is no way anyone in government is going to pardon individuals that engage in actions that restrict government authority and power.

  7. The Ends Justify the Beans by mbeckman · · Score: 4, Insightful

    It's ironic that the government has no problem using an "ends justifies the means" argument when claiming the moral high ground for intrusive technology, such as stinger cell phone trackers, but choke when citizens like Snowden use precisely the same argument to claim the moral high ground for disclosure of government malfeasance.

  8. Who know if it will happen: Absolutely nobody by TiggertheMad · · Score: 5, Insightful

    Any president would have tried to catch Snowden at that point in the game. If you don't know what someone has, what they intend, and the eventual consequences of their making off with sensitive information, you keep your options open and try to stop them. Obama probably privately approves of what Snowden did at this point in time (he doesn't seem to be a conservative authoritarian type), but politically he isn't going to get involved because it gets him nothing but flack before he leaves office. He may very well sign a pardon as he walks out the door on the last day, because it will make him look good to historians in the long run, and it cost him nothing politically at that point in time.

    Here is the fun and dirty fact about pardons: You could blow up a bus full of nus and orphans on National TV, and if enough people wrote their leaders demanding that you were pardoned, you would get a pardon. They have NOTHING to do with justice or fairness for better or worse. Who knows how Obama really feels about the whole incident? Who knows what public opinion will be after the film comes out. I will wager that if the film gets an Oscar or two, (and the added media attention that comes with that), that Snowden gets pardoned because grandma suddenly learns about the whole story and starts writing her representatives in Washington. If public opinion turns, senators will start falling over each other to get in line and demand he be pardoned. The pardon could very well depend on how much money a Hollywood studio decides to spread around to buy a few awards.

    Snowden won't get pardoned because he did something that was morally right, but legally wrong. He will get pardoned (if he gets pardoned) because it makes someone in power look good, or it pisses of the opposition somehow. His pardon won't be about justice, but straight up political gamesmanship.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  9. Writing on the Wall by Anonymous Coward · · Score: 0, Insightful

    After Hilary's 9/11 embarassment, Snowden knows fully well that she has no chance of becoming president, and that he not only has no chance of getting a Trump pardon, but that Trump may well get cooperation from Russia in extraditing him. Appealing to Obama right now is a panic move.

  10. Re:He aint going home, no way by serviscope_minor · · Score: 3, Insightful

    Why does he want to go back that much? I've been to the USA, its not that great.

    Probably because it's home. There's plenty of great parts of the US perhaps you didn't visit any of them.

    Maybe he just loves america so much?

    One can only suspect so. He's pretty much destroyed his life for love of his country.

    He is a true patriot for the USA (and there aren't many),

    I'd agree.

    There are worse things than not going home again.

    There are, but historically exile has often been one step below execution when it comes to punishment.

    --
    SJW n. One who posts facts.
  11. Don't see him ever getting a pardon by Zontar_Thing_From_Ve · · Score: 2, Insightful

    I disagree quite a bit with most of the people here on whether what he did was a good thing or not. But we can have different viewpoints on that here. However, the reason he won't get a pardon is that doing so would set a bad precedent that some other person in the future will disclose something maybe a lot more harmful to the US government and citizenry and then expect a pardon for that. The government is simply not going to pardon him because it would give the illusion that individuals can make the kind of decisions he made with no punishment.

    Despite the scare mongering that his stay in Russia expires next year, Putin will simply extend it for a few more years. What Snowden doesn't get is that eventually Putin will be out of power, perhaps through death. For all we know his replacement will send Snowden back to the US to stand trial, even if that's 20 years from now. I think sometimes the US is OK with people being permanently in exile as their punishment and they can't admit it but I think that in Snowden's case that's what's going on.