by Professor » Tue Jun 11, 2013 7:12 am
Relative to the prosecution of Snowden, he should be prosecuted to the full extent of the law.
We are talking about 2 sets of laws here. One set of laws regulates wiretapping, warrantless searches, and the laws regulating the programs in question. Perhaps the programs violated those laws, perhaps not. But, those are NOT the questions that are being debated in this specific instance (though they have their own, very important, discussion).
Then there are the second set of laws. These are laws that deal with National Security, releasing of classified information, etc. These are the laws that Snowden broke. He does not deny breaking them, but says that it was justified, because the OTHER programs were already in violation of the law. This is not a valid defense.
Imagine you see a bank robbery taking place. There are no police around. You see the robbers getting away with millions of dollars. So, you decide to take the law into your own hands (rather than going through the proper channels - much like Snowden did) and give chase. In the ensuing chase, you capture the criminals. But, on the way, you sideswipe another car and cause a major traffic accident. Regardless of the fact that you may have caught the criminals, you are still at fault for causing that accident, and are guilty of a hit-and-run.
This is little different. The programs may or may not have been illegal, and those running them may or may not be held accountable. It is not Bowden’s job to make that call, however. There are legal ways to report crimes. Even crimes of this magnitude. You can go to a Federal prosecutor’s office. You can go to a member of the Senate Intelligence Committee. You can do a few things. Going to the press with nationally secure information is not one, and it is illegal.
I hope that he gets prosecuted, and that the programs are deemed illegal and stopped.