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President Obama Says He Can't Pardon Snowden (arstechnica.com)

Joe Mullin, writing for Ars Technica:A campaign to pardon NSA leaker Edward Snowden, launched in combination with a fawning Oliver Stone film about him, hasn't made any headway. The request spurred the entire membership of the House Select Committee on Intelligence, 13 Republicans and nine Democrats, to send a letter to President Barack Obama urging against a pardon. "He is a criminal," they stated flatly. Obama weighed in on the matter on Friday. During his European tour, he was interviewed by Der Spiegel -- the largest newspaper in Germany, a country where Snowden is particularly popular. After discussing a wide range of issues, he was asked: Are you going to pardon Edward Snowden? Obama replied: "I can't pardon somebody who hasn't gone before a court and presented themselves, so that's not something that I would comment on at this point." He continued: 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. If everybody took the approach that I make my own decisions about these issues, then it would be very hard to have an organized government or any kind of national security system. At the point at which Mr. Snowden wants to present himself before the legal authorities and make his arguments or have his lawyers make his arguments, then I think those issues come into play. Until that time, what I've tried to suggest -- both to the American people, but also to the world -- is that we do have to balance this issue of privacy and security.

5 of 534 comments (clear)

  1. Above post is absolutely correct by HBI · · Score: 5, Informative

    Lest you downmod for political reasons. Obama could pardon anyone for anything - the power is unfettered.

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    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re: Above post is absolutely correct by davidwr · · Score: 5, Informative

      Well, anything Federal, which includes military offenses and offenses against territorial- and similar governments such as Puerto Rico or Washington, D.C., and their respective local governments. I'm not sure if it applies to crimes against Native American tribes.

      For the benefit of non-Americans not familiar with our legal system, the President cannot pardon offenses commited againts the 50 states or their respective local governments.

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      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  2. Re:And Obama once again is a blatant liar by Bartles · · Score: 5, Informative

    That doesn't hold water, because "I can't" was followed by an explanation of why he couldn't. and it happened to be total bullshit.

  3. Re:And Obama once again is a blatant liar by BarbaraHudson · · Score: 5, Informative

    The power of a president to grant a pardon is only limited by not being able to pardon in cases of impeachment.

    The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

    Seems pretty straight-forward.

    1 Snowden is alleged to have committed offences against the United States.
    2. He is not being impeached.
    3. Obama is president.
    4. He can grant a reprieve or pardon according to the above-cited Constitution, Article 2, Section 2, Clause 1.

    Congress cannot ignore the pardon. Snowden is free to testify and admit every damn thing, and there's nothing they can do about it, since it would have been pardoned. He probably would, because it would give him a platform and a chance to get all the crap into the congressional record. Congress does NOT want that. They would shit their collective pants.

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    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  4. Yes He Can by cstacy · · Score: 5, Informative

    Legal experts agree that the President can pardon someone even if there has been no charge; they need only specify in broad terms.
    For example:

    Now, Therefore, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.

    The reasons that Obama won't pardon Snowden are two: First, he doesn't want to. Second, it would beg the question of pardoning Hillary Clinton.