AS SOME READERS MAY KNOW, I DOUBLE AS A LEGAL COMMENTATOR FOR THE VERIZON FiOS1/REGIONAL NETWORK NEWS PROGRAM RICHARD FRENCH LIVE. IT’S AN HOUR-LONG NEWS MAGAZINE AND TALK SHOW AIRING WEEKNIGHTS AT SIX. I APPEAR MOST WED. EVENINGS AS A LEGAL PANELIST FOR THE SHOW’S “ON THE DOCKET” FEATURE, A ROUND TABLE DISCUSSION OF CURRENT LEGAL EVENTS THAT USUALLY RUNS THE WHOLE HOUR.
FOR A RECENT BROADCAST I WAS ASKED TO MAKE A ONE-MINUTE CASE FOR PROSECUTING EDWARD SNOWDEN AND SENTENCING HIM HARSHLY IF CONVICTED. HERE, FOR THOSE INTERESTED, IS THE FULL TEXT OF MY PREPARED REMARKS. I ONLY MANAGED TO DELIVER ABOUT HALF OF THEM ON THE AIR.
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EFFECTIVE INTELLIGENCE GATHERING NECESSITATES MAXIMUM SECRECY.
EDWARD SNOWDEN TURNED THIS VERITY ON ITS HEAD, COMPROMISED OUR NATIONAL SECURITY AND BROKE FEDERAL LAW – CHIEFLY THE 1917 ESPIONAGE ACT – WHEN HE STOLE CLASSIFIED DEFENSE AND INTELLIGENCE INFORMATION AND BRAZENLY LEAKED IT THROUGH THE MEDIA.
THERE IS NO REAL DISPUTE ABOUT ANY OF THIS.
WHEN HE WENT TO WORK AS A GOVERNMENT CONTRACTOR, SNOWDEN PROMISED, AS A CONDITION OF RECEIVING NATIONAL SECURITY CLEARANCE, NOT TO DISCLOSE CLASSIFIED DEFENSE INFORMATION TO UNAUTHORIZED OUTSIDERS.
SNOWDEN NOT ONLY THUMBED HIS NOSE AT THAT PLEDGE BUT BRAGGED ABOUT DOING IT. IN A JUNE 2013 VIDEO INTERVIEW, HE PRACTICALLY CROWED THAT HE HAD GIVEN CONFIDENTIAL DOCUMENTS, PROMINENTLY MARKED “TOP SECRET,” TO REPORTERS WITH THE WASHINGTON POST AND THE GUARDIAN.
THAT DAMNING CONFESSION, IN THE DEFENDANT’S OWN WORDS, MAKES THIS AN OPEN AND SHUT CASE. SNOWDEN IS GUILTY BEYOND ANY POSSIBLE DOUBT.
IT IS NO ANSWER THAT SNOWDEN AND HIS APOLOGISTS FANCY HIM SOME WHITE KNIGHT OR FREEDOM CRUSADER WITH LOFTY – EVEN HEROIC – MOTIVES. THERE IS NO FIRST AMENDMENT OR WHISTLEBLOWER DEFENSE TO AN ESPIONAGE ACT VIOLATION.
IF SNOWDEN QUESTIONED THE LEGALITY OR WISDOM OF THE NSA SURVEILLANCE PROGRAM, HE HAD AMPLE RECOURSE THROUGH THE COURTS, THE BALLOT BOX AND CONVENTIONAL LAW ENFORCEMENT CHANNELS.
WHAT HE WAS NOT FREE TO DO WAS RESORT TO SELF-HELP – TO TAKE THE LAW INTO HIS OWN HANDS. THAT IS A RECIPE FOR ANARCHY – NOT THE DEMOCRACY SNOWDEN AND HIS COLLABORATORS CLAIM TO PRIZE.
WITH THAT IN MIND, SNOWDEN’S ONLY CHANCE TO GET OUT FROM UNDER IS TO CONVINCE HIS JURY TO NULLIFY THE LAW – TO DISREGARD THE ESPIONAGE ACT RATHER THAN APPLY IT AS WRITTEN. BUT THAT WOULD MERELY ADD INSULT TO INJURY, ENABLING THE DEFENDANT TO INSTIGATE A SECOND BREACH OF LAW WITHOUT CONSEQUENCE.
EDWARD SNOWDEN IS NO DANIEL ELLSBERG OR DEEP THROAT, AND THE NSA SURVEILLANCE PROGRAM IS NO ROUTINE, IF HIGH LEVEL, BURGLARY JOB. IT IS AN INTRICATE AND COMPREHENSIVE NATIONAL SECURITY SCHEME, VETTED AND APPROVED AT THE GOVERNMENT’S TOP ECHELONS, AND PRESUMED LEGAL UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION SAYS OTHERWISE. SNOWDEN CANNOT BYPASS THE TRADITIONAL MEANS OF TESTING FEDERAL PROGRAM LEGALITY – JUDICIAL REVIEW – BY ANOINTING HIMSELF JUDGE, JURY AND EXECUTIONER.