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President Obama Should Pardon Edward Snowden Before Leaving Office (theverge.com) 383

An anonymous reader writes from a report via The Verge: Ever since Edward Snowden set in motion the most powerful public act of whistleblowing in U.S. history, he has been living in exile in Russia from the United States. An article in this week's New York Magazine looks at how Snowden may have a narrow window of opportunity where President Obama could pardon him before he leaves office. Presumably, once he leaves office, the chances of Snowden being pardoned by Hillary Clinton or Donald Trump are miniscule. Obama has said nothing in the past few years to suggest he's interested in pardoning Snowden. Not only would it contradict his national security policy, but it will severely alienate the intelligence community for many years to come. With that said, anyone who values a free and secure internet believes pardoning Snowden would be the right thing to do. The Verge reports: "[Snowden] faces charges under the Espionage Act, which makes no distinction between delivering classified files to journalists and delivering the same files to a foreign power. For the first 80 years of its life, it was used almost entirely to prosecute spies. The president has prosecuted more whistleblowers under the Espionage Act than all president before him combined. His Justice Department has vastly expanded the scope of the law, turning it from a weapon against the nation's enemies to one that's pointed against its own citizens. The result will be less scrutiny of the nation's most powerful agencies, and fewer forces to keep them in check. With Snowden's push for clemency, the president has a chance to complicate that legacy and begin to undo it. It's the last chance we'll have."
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President Obama Should Pardon Edward Snowden Before Leaving Office

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  • by turkeydance ( 1266624 ) on Monday June 27, 2016 @05:28PM (#52401737)
    but ES won't be one
    • Re: (Score:3, Funny)

      by Anonymous Coward

      It would be pointless anyway since President Trump will soon unpardon him and send the bill for the used office supplies to Scotland.

    • Re: (Score:3, Interesting)

      by bobbied ( 2522392 )

      I agree that ES won't be pardoned.. By this administration or the next...

      Now granting a pardon for Hillary? I'm pretty sure he won't do that because it's a no win situation for him.

      In order for a pardon to be a net gain for anybody here, Hillary will have to be charged. Where I believe she's committed a number of felonies with this E-mail thing, she's NOT getting charged as long as Obama is in the White House, no way no how. It's technically possible she gets charged, but that only puts Obama in a tough

      • by T.E.D. ( 34228 )

        Now granting a pardon for Hillary? I'm pretty sure he won't do that because ...

        ...there's nothing to pardon. She hasn't actually broken any laws. If she had, that would actually have been inconvenient for her opponents, because real lawbreaking requires annoying things like speedy trials. However, pretend lawbreaking, ethically shaky behavior if you squint and hold your head juuuust right, deaths of friends that can be twisted to look "suspicious", that crap can be made up and touted endlessly. If there's nothing real to it, that's actual way better because you can keep harping on the

    • by Luthair ( 847766 ) on Monday June 27, 2016 @06:20PM (#52402153)
      Why call out Clinton? Every president does this, the midst egregious being Ford pardoning Nixon. The real question is why do they even have the power to arbitrarily circumvent the law at all.
      • by Shakrai ( 717556 ) on Monday June 27, 2016 @06:46PM (#52402315) Journal

        The real question is why do they even have the power to arbitrarily circumvent the law at all.

        It's a power granted to the President by the United States Constitution. How does the exercising of this power represent the "circumventing" of the law when our most supreme law specifically grants him this power?

        If you don't think he should have that power, well, that's an argument, but removing it from him is no simple task. Personally, I would question the wisdom of such an attempt, as would many others.....

        • by quenda ( 644621 )

          How does the exercising of this power represent the "circumventing" of the law when our most supreme law specifically grants him this power?

          It violates a basic principle of modern democracy, the separation of powers - Legislative, Executive, and Judicial .
          In the US, the president inherited the power of Veto and Pardon from the King. Royal pardon in the UK is now very rarely used. It would go against the Rule of Law.

          • by Shakrai ( 717556 ) on Monday June 27, 2016 @09:18PM (#52402979) Journal

            It can't go against the "Rule of Law" when he is expressly granted that power by our most supreme law. There is no law in the United States that trumps the Federal Constitution. That document gives him the power to pardon Federal offenses. It does not -- as people erroneously believe -- give him the power to pardon State offenses. He could give Snowden a full pardon but Snowden could just as easily find himself charged on the State level for any number of crimes.

            The American separation of powers doesn't work the way you seem to think it does either. The Executive is responsible for initiating criminal prosecutions and it has some discretion in how it exercises this power. It's true that in other countries -- Civil Law jurisdictions -- an Independent Judiciary both brings charges, prosecutes, and adjudicates them, but that's not how it works here. The Executive brings charges and prosecutes them before the Judiciary which adjudicates.

      • by h33t l4x0r ( 4107715 ) on Monday June 27, 2016 @07:00PM (#52402383)

        the midst egregious being Ford pardoning Nixon

        Was what Nixon did really so bad by today's standards? The NSA does worse things before breakfast.

        • Re: (Score:2, Informative)

          by Anonymous Coward

          We have someone running for (and leading) president who did worse than what Nixon resigned over.

          The two party scam is really fucking America at this point.

          • by quenda ( 644621 )

            We have someone running for (and leading) president who did worse than what Nixon resigned over.

            Just the one?

      • Why call out Clinton? Every president does this, the midst egregious being Ford pardoning Nixon. The real question is why do they even have the power to arbitrarily circumvent the law at all.

        I would argue that pardoning Nixon was a very courageous act; one that probably cost him the election. The US did not need to go through the divisiveness of trial after RMN left office; it would have further divided the US for no real purpose. Resigning cost Nixon more than any conviction would; Tricky Dicky had to give up the one thing he sought his entire life.

    • Obama has already pardoned more people than any president in history. He's been pardoning non-violent drug offenders for most of his last term, several dozen every month. Something that is LONG overdue and he'll barely make a dent in number of prisoners that should have their sentences commuted or pardoned.

    • by Anonymous Coward

      Obama is a globalist. Being a globalist is about control. Specifically information control.

      Snowden messed with the new world order. He will not be pardoned by Obama.

  • Snowden? (Score:5, Funny)

    by Anonymous Coward on Monday June 27, 2016 @05:28PM (#52401739)

    He'll have to pardon Hillary first

    • There is zero reason for Obama to pardon either and a whole bunch of reasons not too.. Neither will get pardoned..

      Now, Rob Emanuel, he's more likely to get a pardon for his actions as Mayor of Chicago than these two, and what does he need a pardon for?

  • by wonkey_monkey ( 2592601 ) on Monday June 27, 2016 @05:29PM (#52401741) Homepage

    Presumably, once he leaves office, the chances of Snowden being pardoned by Hillary Clinton or Donald Trump are miniscule.

    And what makes the chances of Snowden being pardoned by Obama non-miniscule?

    • He doesn't need to run for re-election and politically it can't be held against him by the house or senate. Basically every president does this.
    • by rahvin112 ( 446269 ) on Monday June 27, 2016 @06:36PM (#52402263)

      The fact that Obama's said Snowden should be in jail should be a clue.

      This will get down moded for saying it but Snowden betrayed the country by providing critical foreign intelligence to the nations we were spying on. Had his revelations stopped at only those engaged in legal/illegal spying on US citizens I would consider him a total hero, but because he assisted foreign nations in blocking legitimate spying, and for that he should be jail. He put no filters on the information he provided the press and he did real harm to our international spying efforts. He exposed programs and technologies that provided real foreign intelligence and were no threat to American citizens.

      Snowden is a hero and a criminal and he should serve time in prison for what he did. Though his revelations about spying on american's shouldn't be punished his other revelations should be.

      • Re: (Score:2, Interesting)

        by Anonymous Coward

        Pardon him for his breach of the espionage act, but leave him on the hook for everything else.

        I think that would go a long way to appeasing the "pardon him" crowd. Might even get him to show up and front court, who knows.

      • by Shakrai ( 717556 ) on Monday June 27, 2016 @06:59PM (#52402375) Journal

        He exposed programs and technologies that provided real foreign intelligence and were no threat to American citizens.

        That's because he doesn't view himself as an American citizen. He is on the record as saying that he's a "Citizen of the World," whatever that means. I rather liked Robert Gates [pbs.org] assessment of him, "He said the government has built an institution of oversight over intelligence-gathering for the past 40 years, and there are avenues for people to pursue with the authorities if they believe a law has been broken. Gates said for Snowden to make public his allegations instead “is an extraordinary act of hubris.”

        Hubris indeed; a 29 year old decided that he knew better than the hundreds of elected officials that we the people appointed to make these sorts of decisions on our behalf. Nobody elected him or entrusted him with this sort of power, he just took it for himself. Then, as if that wasn't enough, he leaks EVERYTHING, to foreign media. At least Ellsberg leaked to a reputable American media outlet that takes pains to scrub information that would endanger lives. Snowden's media buddies just dumped everything out there without any consideration whatsoever of the consequences.

        Then, the final insult, he runs away to a country that stands diametrically opposed to every human right he claims to champion. This happens AFTER he makes himself the story, by outing himself, rather than at least trying to remain anonymous, as Deep Throat did. It speaks to a personality that craves the affirmation of the public spotlight, which brings me back to Secretary Gates' comment about hubris.

        • " Then, as if that wasn't enough, he leaks EVERYTHING, to foreign media. At least Ellsberg leaked to a reputable American media"

          First, wikileaks isn't a media company. Second, two of those "reputable" (LOL) news sources that you speak of, including the Washington Post, ignored Manning when he contacted them--which is why he went to Wikileaks. Funny how one little detail like this fells a house of cards, which is in this case your babble about Manning being motivated by "hubris". Hubris! Same old argument,

        • by rastos1 ( 601318 ) on Tuesday June 28, 2016 @02:43AM (#52404017)

          a 29 year old decided that he knew better than the hundreds of elected officials that we the people appointed to make these sorts of decisions on our behalf.

          He reported the problems to his superiors and was ignored. Are you suggesting he should go to a governor or a congressman? Like "hello, I'm a NSA analyst and I'd like to chat with you about NSA illegally spying on everyone in US. When and where would that suit you?"

          he leaks EVERYTHING, to foreign media.

          So he should have leaked only something? Greenwald is an American and they met in New York.

          he runs away to a country that stands diametrically opposed to every human right he claims to champion.

          There isn't a wide range of countries to choose from. He chose the country that respected his rights. Which, sadly, is not US.

        • by dave420 ( 699308 )

          He didn't run away to Russia. He was in transit when the US revoked his passport. The media outlets who ran with Snowden's releases did scrub them. Your arguments are based on someone's perception of the facts, not the facts themselves. It's rather sad to see you condemning someone based on nonsense.

        • by AmiMoJo ( 196126 )

          Hubris indeed; a 29 year old decided that he knew better than the hundreds of elected officials that we the people appointed to make these sorts of decisions on our behalf.

          He took an oath to defend the United States against enemies domestic and foreign. When you judge the enemy to be the organization you are part of, and have already tried reporting the problems with barely an acknowledgement, and what is happening is clearly illegal... You must act or acknowledge your own cowardice.

          Just to be clear, what the NSA and GCHQ are doing is illegal. The UK government is still trying to make it legal with new laws, and had to obstruct the official investigation to ensure no-one was

      • Maybe Snowden doesn't deserve to get off scot free, but do you believe he should be locked in a cage until he dies of old age? Because that's what is slated for him. In the Federal system, judges decide the penalty and that's what he'd get. There is no parole. The fact that he revealed a number of blatantly illegal actions by his superiors as well as a number of secret programs the general public does not support and would have never voted for - is not a defense his attorneys are permitted to argue in c

  • Should? (Score:4, Interesting)

    by dan waggoner ( 4619949 ) on Monday June 27, 2016 @05:32PM (#52401773)
    POTUS should do all sorts of things, according to many people. He should come clean about the alien reptile people. He should grab a bite to eat every now and then to keep his energy level up. He should pardon all the whistle blowers that were promised the most transparent administration in history.
    • Re: (Score:3, Funny)

      by Dark Fire ( 14267 )

      That is a terrible idea. The world isn't ready to know about the alien reptile people. Couldn't you have used something else as your example? Hopefully no one takes your post seriously.

    • https://youtu.be/KqWqCuHR0Og

      He should also fix that $200 red light camera ticket that someone who wasn't me got when he (or she) was driving a car that looked just like mine through the intersection of Ashland and Diversey.

  • Snowden embarrassed the Obama Administration. Obama isn't going to pardon him.

    Hillary won't pardon him if she wins, probably. Same reason.

    Trump might. Just to spite Obama. Or not, because I doubt he gives a crap about Snowden (he's old news).

    • by Tablizer ( 95088 )

      Is there a compromise stance O could take, such as limiting any sentence to 2 years max or the like?

      • by raymorris ( 2726007 ) on Monday June 27, 2016 @06:14PM (#52402079) Journal

        The president could pardon someone for "any federal felonies committed" but not misdemeanors. Then Snowden could be convicted of one or more misdemeanor charges like "improper handling of public records" or whatever misdemeanor charge is appropriate.

        However, as TFS said:
        The Obama administration has prosecuted more whistleblowers under the Espionage Act than all presidents before him COMBINED.

        Obama pardoning Snowden is about as likely as Bill Clinton being a virgin.

        What about Hillary Clinton? The Clintons have been in office or running for office most of their adult lives, since 1977. Most of her career, Bill was the public face of the the team, the actual office holder, while Hillary's role was PR, whitewashing negative information, from small issues of character to major scandals. For example, she assembled and led the teams trying to discredit women like Monica Lewinski and Paula Jones, trying to persuade the public that those events never happened and the women were liars. Her career has been all about HIDING the affairs of government officials. A whistle blower like Snowden, someone who puts the truth on public display, is her enemy, a total low-life from her perspective.

    • by harvey the nerd ( 582806 ) on Monday June 27, 2016 @05:43PM (#52401859)
      Actually, since Trump has already spoken against Snowden, it seems more likely that Obama would pardon Snowden. Trump's nature is very unlikely to walk back on Snowden. However, Obama might not resist the urge to tweak a President elect Trump's nose by pardoning Snowden.
      • Trump's about as likely to pardon Snowden as to order a drone strike on him. So yeah, pretty likely.
    • by kimvette ( 919543 ) on Monday June 27, 2016 @05:54PM (#52401939) Homepage Journal

      > Trump might. Just to spite Obama. Or not, because I doubt he gives a crap about Snowden (he's old news).

      Honestly, what are the chances that Trump even understands what Snowden and Manning are about?

      Does he have an ounce of integrity to his being? Does he have any comprehension of right and wrong? His racist brain-spasming and the fact that he got rich from inheriting his dad's fortune and multiplied it through ponzi schemes leads me to believe that the man is a nihilistic narcissist.

      • by GLMDesigns ( 2044134 ) on Monday June 27, 2016 @06:05PM (#52402015)
        I'm not a Trump supporter by any means. I'm a #NeverTrump but creating straw men does not help your cause. He didn't make it simply by Daddy's money. There are plenty of people who got daddy's money and lost it all. From rags to riches to rags in three generations.

        I was in the building trades and he was very well liked by both union men (which I was) and professional men (which I became). He was competent and audacious and built really interesting projects

        Do not take this as me being a Donald Trump supporter for his presidential run. Again I'm a #NeverTrump. But don't build strawmen either. It doesn't help.
      • Does [Trump] have an ounce of integrity to his being? Does he have any comprehension of right and wrong? His racist brain-spasming and the fact that he got rich from inheriting his dad's fortune and multiplied it through ponzi schemes leads me to believe that the man is a nihilistic narcissist.

        You might be interested in some of Hillary's less publicized dealings here (The dirty two dozen: Clinton's top controversies ) [washingtonexaminer.com] and here (Top 10 Clinton conflicts of interest) [gazette.com].

        Would you care to comment on Hillary's integrity, given the links provided?

    • Are you attributing a vanity motive to the actions of his administration?

  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Monday June 27, 2016 @05:33PM (#52401793)
    Comment removed based on user account deletion
  • No he Shouldn't (Score:2, Insightful)

    by zuckie13 ( 1334005 )
    Snowden made a choice to go further than he should have. He could have become a whistle-blower, and had the protections provided by that, but instead, he chose to just release these documents out there. He clearly had a knowledge that he was violating the law, or he would not have fled the country when doing it.
    • Re:No he Shouldn't (Score:5, Insightful)

      by Razed By TV ( 730353 ) on Monday June 27, 2016 @05:49PM (#52401901)
      A previous article covers whistle-blower Thomas Drake being denied protections for trying to use the proper channels. John Crane, who was to protect the whistle-blowers, became a whistle-blower himself when it became evident the Pentagon was abusing their power in order to punish Thomas Drake.

      The article quotes Snowden, "Name one whistleblower from the intelligence community whose disclosures led to real change - overturning laws, ending policies - who didn't face retaliation as a result. The protections just aren't there"

      https://yro.slashdot.org/story... [slashdot.org]
      https://www.theguardian.com/us... [theguardian.com]
    • Effectively, there were no protections for whistle-blowers. The choices were to keep quiet, publish and leave the country, or publish and get sentenced for a long time in prison. What I don't like his his publication of information on the NSA spying abroad, which is precisely what I want it to do. If he had only published information on the NSA's spying in the US, I'd be much happier about him.

  • Pardon him? (Score:5, Insightful)

    by fuzzyfuzzyfungus ( 1223518 ) on Monday June 27, 2016 @05:39PM (#52401823) Journal
    A 'pardon' suggests that you've done something wrong but are being let of lightly because we are just that nice. Give the guy a damn medal.
    • Re:Pardon him? (Score:5, Insightful)

      by danlip ( 737336 ) on Monday June 27, 2016 @05:54PM (#52401937)

      Regardless of what you or I think, he broke the law ... sometimes that's the right thing to do and I think he deserves praise, not punishment, but a pardon would prevent him from being prosecuted for those violations. A medal would not, and you never know who will be in office next.

    • A 'pardon' suggests that you've done something wrong but are being let of lightly because we are just that nice.

      No, a pardon suggests you've done something illegal but nothing wrong.

      Illegality is a very, very, poor indicator of wrongness.

  • by shanen ( 462549 ) on Monday June 27, 2016 @05:45PM (#52401867) Homepage Journal

    President Obama is many things, but on his list of top personal identities, I don't see any identity that would pardon Edward Snowden. I think he's a good man, and even a good president under the circumstances, but it ain't going to happen.

    Just to clarify my analysis, let me pick the personal identity of "politician". I happen to think it might be Obama's #1 identity, but it's certainly near the top of his list. Pardoning Snowden would be extremely bad as a political move and would give enormous fuel and enthusiasm to his political enemies.

    The best candidate to pardon Snowden would probably be a philosopher who was primarily concerned about right and wrong, and you better not hold your breath waiting for one to become president. I actually think that Obama has a philosophical streak, but not in his top 10 identities. His identity as a lawyer is certainly higher, and professional lawyers are trained to ignore such trivialities as right and wrong.

    On the third hand, I also blame the big dick Cheney, both for creating the personal-privacy-abusing national security apparatus that Obama has to deal with (in his persona as a realist) and for stuffing the entire civil service with ideologues. That may be the worst legacy of Dubya's miserable failure of an administration. The federal civil service was supposed to be task-oriented and apolitical, an organization of professionals who would competently and impartially administer whatever legislation the political process threw at them, and even ignoring political pressures from the executive branch. Not so under Cheney and his cronies, who actively worked to drive out competent careerists and carefully screened the personal politics of all new hires. Of course the punchline is that the so-called Republican Party now blames Obama for being unable to fix the system they worked so hard to break and keep broken.

    Pardoning Snowden? You'd be better off hoping they decided corporations are inhuman monstrosities hiding under the legal fiction of decency.

  • He hasn't stood trial nor been convicted of anything.
    • Very often pardons come before someone is charged with a crime. At the Constitutional convention and in the Federalist papers, two reasons for early pardon were mentioned. It can be used as immunity for a witness. For example pardoning Hillary's email admin would allow him to testify regarding what Hillary asked him to do. That end can be achieved by the prosecutor's office promising not to prosecute as well. Second, for national reconciliation. Lincoln pardoned the confederates at the end of the Civil W

    • by sjames ( 1099 )

      Nixon didn't stand trial either, but he was pardoned.

  • Constant confusion (Score:5, Insightful)

    by axewolf ( 4512747 ) on Monday June 27, 2016 @05:55PM (#52401947)

    There is an endless discussion about everything but the real issue:
    Our freedom is being completely destroyed along with the hope that we will ever get it back.
    Our future is being threatened. Our lives are at risk.

  • I am confused. I thought that, to be pardoned, you have to have been found guilty of, or pleaded guilty to, something in a court of law.

    He has been charged, but there has been no trial, in absentia or otherwise. So how can he even legally be pardoned?

  • Obama should ask for pardon from the people of Europe. I reckon his pushing for remain caused a fair number people to vote the the other way. Because if there's one thing Brits absolutely love, it's being pushed around by foreigners, which, duh, was the whole fucking point of the question.

    Really, if I was some head of state, I'd be like "That's a matter for the people of X". At the very strongest, if pushed, I'd say "Well, personally, I'd prefer..." or "If I was one of them, I'd probably choose...". I

    • Obama should ask for pardon from the people of Europe. I reckon his pushing for remain caused a fair number people to vote the the other way.

      This makes the tacit assumption that leaving the EU was a bad decision.

      The [brexit vote] demographics show that a large percentage of people with a degree voted to leave (43% leave versus 57% remain), so you can't say with certainty that staying was the smart thing to do.

      The critics are particularly vocal, but not everyone thinks it was a bad move.

      • Having a degree does not necessarily mean you're an expert in all matters. For instance, someone with a PhD in aerospace engineering (a true rocket scientist) is not necessarily someone I'd want performing my appendectomy. Maybe if it was Dr. Buckaroo Banzai [wikipedia.org] performing the procedure I would, but he's a bit of a special case.
  • He's saving his pardon for Hillary.
  • TL:DR, Ed will not be pardoned, as an object example to a potentially very leaky age.

    Per TFA: For the first 80 years of its life, it was used almost entirely to prosecute spies. The president has prosecuted more whistleblowers under the Espionage Act than all president before him combined. His Justice Department has vastly expanded the scope of the law.

    There's a good reason for this. The digitization of most current technical, planning, organizational, and intelligence information means that it can be dis

  • by Beeftopia ( 1846720 ) on Monday June 27, 2016 @07:34PM (#52402543)

    People say he did it out of conviction or stayed true to his principles. Well, so does a suicide bomber.

    But here's the difference: The suicide bomber is expecting a reward - 72 virgins or some other heavenly reward. Snowden knew he would throw away his life but he didn't do it for a personal reward. He did it for others, for his country.

    I haven't made up my mind whether Snowden was misguided, stupid or justified. But I have concluded that the man is principled and a selfless patriot. He might be stupid and misguided, but he felt he did the right thing, at great personal cost to himself, for no personal reward.

    • by JustNiz ( 692889 )

      Well said, thats exactly how I feel about it all too.
      I'm tending to the side of justfied though. The government should represent the people, not the other way round.

  • but no he won't
  • Those that think Obama would be more likely to pardon Snowden clearly haven't been paying attention.
  • In a police state Snowden will never be pardoned.

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