Prosecute Snowden

[Valin]

NRO

John Yoo

6/10/13

 

Edward Snowden should go to jail, as quickly and for as long as possible. This is a leak case that should be difficult for even Eric Holder to bungle. Snowden has already confessed in public to the crime of leaking classified information. He has said in public how he did it, that he did it with intent, and that he knowingly harmed our national security. Holder will finally find a leaker that he can prosecute. But given the Holder Justice Departments record on the other leak cases, who wants to take a bet that Snowden gets a generous plea bargain or even walks?

 

Snowden might be guilty of espionage, or even treason. If he is telling the truth that he leaked the existence of the PRISM program to inform the American public, then he should turn himself in. A trial would give him the opportunity to explain in public why he broke the law. If he is a spy it is amazing that someone with such little education and background was given such extensive security clearance he may well continue running abroad. It is telling that he immediately fled to Hong Kong; one wonders whether he will offer his services and knowledge to the Chinese security services next.

 

The NSA leak case will reveal if the Obama administration really means what it said about its foolish and unconstitutional pursuit of the AP and Fox News in other leak cases. Recall that the Obama Justice Department claimed that Fox News reporter James Rosen was a co-conspirator in the alleged leak of classified intelligence. If the Justice Department truly believed what it told the courts when seeking a wiretap on Rosen, then it should indict the reporters and editors for the Washington Post and the Guardian newspapers who published information on PRISM. They clearly conspired with Snowden to publish classified information, information that was much more harmful to the national security than in the Rosen case (on North Koreas predictable response to sanctions). Personally, I think that the Post is protected by the First Amendment, but Holders Justice Department clearly doesnt think so.

 

(Snip)