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Snowden Can Be Asked To Testify In Person In Germany NSA Probe (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: Whistleblower Edward Snowden can be asked to give evidence in person by a German committee probing the NSA's spying activities, the country's Federal Court of Justice has ruled. Germany's government has been told that it should make suitable arrangements for that to happen. It has been refusing to invite Snowden to give evidence personally since it would need to guarantee that he would not be handed over to the U.S. -- a promise the German authorities say would risk damaging the political relations between the two countries. Instead, it has called for him to give evidence via a video link, or for German officials to interview him in Moscow, both of which Snowden turned down. Following a formal complaint by the greens and left-wing politicians, Germany's Federal Court of Justice has ruled that the German government must provide the necessary guarantees that would allow Snowden to give evidence in person, or explain why it will not do so. Snowden's lawyer, Wolfgang Kaleck, told the Suddeutsche Zeitung that the German government might refuse to provide guarantees, and officially admit that it regards cooperating with the U.S. on intelligence matters in the future as more important than getting to the bottom of past surveillance. In that case, an appeal could be made to Germany's constitutional court, according to an article in Der Spiegel, which would decide whether the German government was allowed to make that trade-off. The committee of inquiry is examining to what extent German citizens and politicians were spied on by the NSA and its so-called Five Eyes partners -- notably GCHQ -- and whether German politicians and intelligence agencies knew about this activity.

12 of 72 comments (clear)

  1. Catch 22 by rtb61 · · Score: 4, Interesting

    Now what exactly happens to Germany if they change their mind once they have Snowden and hand him over to be executed by the US, hmm, nothing what so ever. A really, really bad idea to trust a pretty corrupt German government at this time. Keep in mind they along with the US had no hesitation in getting the Zaporozhi Cossacks to shell and murder Don Cossacks in the Ukraine just as a political stunt killing thousands, to stir up Russia to promote arms sales, this is not a country to trust, seriously. Possibly trust France, certainly not the UK, nor Sweden, possibly Norway, definitely Iceland, not Finland, possibly Italy, definitely not Croatia (measure of US influence and the subsequent corruption it brings every time, the greater the US influence the greater the corruption in the country, not because of Americans but because of multinational corporate control).

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  2. Re:Just what we need, a traitor sharing more secre by Guybrush_T · · Score: 3, Insightful

    You can doubt Russian/Hong kong intents, but the German story seem to be pretty legitimate and you can't blame them if they want to know how much the NSA spied on them.

    Now, if you call Snowden a traitor because it will reveal the truth about the NSA spying activities on their partners for business intelligence, that's your call.

  3. Re:Beware by Humbubba · · Score: 2

    These days Germany conquers via Deutsche Bank.

  4. damaging those relations: probably not so bad... by Anonymous Coward · · Score: 5, Interesting

    a promise the German authorities say would risk damaging the political relations between the two countries

    So as you know where I'm coming from: I'm a US citizen.

    Since my own government is clearly going to do everything in its power to get back at Snowden for embarrassing them and pointing out their unconstitutional behavior, I think it's up to Europe to grow a backbone here. It needs to be willing to cause some damage to its political relations with the US. In fact, that may be the only hope for Snowden's safety. If the US buddies up to Russia after the administration change, it's conceivable that the US gets its hands on Snowden in person. The only way for him to remain safe is to have political refuge in a friendly nation, and a European country seems like the best bet there.

    That means Europe has to be willing to take the shit that the US will dish out over it. And that should not be too bad, all things considered. The US isn't going to burn its bridges with its allies over this. It'll talk some smack, stomp its boots some, but it will be more bluster than anything.

    So, Europeans: please try to pressure your own governments to give ES protection. Push for it. It's his best long term hope. The Russian situation is not going to be stable in the long term, and if he returns back here, he's fucked.

  5. Trump vs. Clinton Matters Here I Think by rectalfeeding · · Score: 3, Insightful

    I think it matters a lot in this situation that Trump beat Clinton instead of vice-versa as most of the world expected would happen. Especially with the way Trump won, even if he's seemed to dial it back since the election. Personally I'm not at all certain the differential is quite that significant, but I suspect the rest of the world including Germany is more concerned with the scale and direction of state surveillance under Trump than they would have been with the same apparatus under Clinton.

    Myself I think Clinton deserved more flak over the fingerprints and credit card numbers taken from UN diplomats in NY revealed by Wikileaks/Manning (that was cablegate right?). But somehow even after that, I get the impression that the world is more willing to give Hillary the benefit of the doubt there than they are to Trump. For very good reasons of course.

  6. That's really bold by zedaroca · · Score: 4, Insightful

    They want him to testify against his own country, in the interest of the German people (and not in the interest of Americans/humanity in general as he previously did), all without giving him political asylum first.
    For a country that doesn't have the decency of giving political asylum for someone that is being persecuted for whistle blowing on activities that hurt the whole world to even ask for help would be really bold. But doing so while threatening to give him to a country that is known for human rights abuses, torture and that have a legal system where he can not present a defense for his actions. Impressive.

  7. You assume there is no rule of law by jopsen · · Score: 3, Informative

    Now what exactly happens to Germany if they change their mind once they have Snowden and hand him over to be executed by the US, hmm, nothing what so ever.

    Germany can't extradite without guarantees that he won't face execution, not only would it violate German law, it would violate the European Charter of Human Rights. All EU member nations have surrendered sovereignty to the EU in human rights matters. Blatant violations could result in sanctions.

    Regardless, what on earth makes you think Germany isn't trustworthy. When they say safe-access they probably mean: enact a law that Snowden can't be extradited or prosecuted on charges related to leaking information. Likely it would effectively grant him asylum in Germany, as any time-limit on such an arrangement wouldn't be safe for Snowden (given that he can't know for sure if he would ever be able to return to Russia).

    1. Re:You assume there is no rule of law by TheGratefulNet · · Score: 2

      he'd be nuts to trust any government other than the one that is hosting him right now, since the US wants him REALLY REALLY BADLY and they (the US) has shown it does not respect any kind of laws. its like a child: it wants and it just knows it wants, all else be damned.

      if the US was trustworthy and law-abiding and RESPECTED the rule of law, that would be one thing. but everyone knows this is not the case.

      no promise any country could make would be worth a thing. so much is at stake and his life is on the line.

      bottom line: he will likely not leave russia EVER and I'm sure he fully realizes that no cozy-with-the-US country can ever be trusted until the US gives up its death wish for him.

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  8. Re:Beware by LifesABeach · · Score: 2

    Trump owes Deutsche Bank $300 million dollars; conflict of interest anyone?

  9. It's a trap! by gestalt_n_pepper · · Score: 3, Insightful

    There's no compelling reason for his physical presence other than his capture. None.

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  10. Re:Beware by PolygamousRanchKid+ · · Score: 2

    Trump owes Deutsche Bank $300 million dollars; conflict of interest anyone?

    If Trump owes Deutsche Bank $300, then Trump has a problem. If Trump owes Deutsche Bank $300 million, the bank has a problem.

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  11. Re:damaging those relations: probably not so bad.. by Gibgezr · · Score: 2

    The attack moose up here are fierce, but the battle beavers are useless: they just keep eating their spears.