To Pardon or Not?

snowdenIt has been two years since Edward Snowden leaked classified National Security Agency (NSA) documents that revealed private information of America’s citizens, to the British newspaper, “The Guardian.” These documents also listed various activities committed by the NSA, many which revealed the Foreign intelligence Surveillance Court (FISC) forcing Verizon wireless to hand over metadata from millions of American’s phone calls to the FBI and NSA.[ref]”Timeline of Edward Snowden’s Revelations,” accessed September 6, 2015.[/ref] Since his major leak, Snowden has fled the country and is now residing in Russia.[ref]Alec Luhn and Mark Tran, “Edward Snowden given Permission to Stay in Russia for Three More Years,” Guardian, August 7, 2014, accessed September 6, 2015, http://www.theguardian.com/world/2014/aug/07/edward-snowden-permission-stay-in-russia-three-years.[/ref] Politicians on both the right and left have expressed their disdain for Snowden’s whistleblowing actions. Hillary Clinton said that she “can never condone” the theft and subsequent leaks of classified files by Snowden.[ref]Rebecca Berg, “Hillary Clinton: ‘I Can Never Condone’ Edward Snowden,” Washington Examiner, September 5, 2015, accessed September 6, 2015, http://www.washingtonexaminer.com/hillary-clinton-i-can-never-condone-edward-snowden/article/2560672.[/ref] Chris Christie called Snowden a “traitor and a piece of garbage.”[ref]Charlie Spiering, “Chris Christie: Edward Snowden is ‘A Traitor And A Piece of Garbage,'” Breitbart, July 22, 2015, accessed September 6, 2015,  http://www.breitbart.com/big-government/2015/07/22/chris-christie-edward-snowden-is-a-traitor-and-a-piece-of-garbage[/ref] Donald Trump, current frontrunner for Republican presidential ticket, and even went as far as to say he wanted Snowden executed.[ref]Cheryl Chumley, “Donald Trump on Edward Snowden: Kill the ‘Traitor,’” Washington Times, July 2, 2013, accessed September 6, 2015.[/ref] In the midst of these opinions, how can the U.S. figure out a fair verdict for Edward Snowden, while trying to address the issues of privacy and unwarranted searches?

Diving deeper into the problem, John Oliver, the host of “Last Week Tonight,” interviewed Snowden back in April, who revealed that, in addition to phone calls, the NSA were even collecting nude photos of Americans. Indeed, according to Oliver’s explanation, “Section 215 says the government can ask for ‘any tangible things’ so long as it’s for an investigation to protect against international terrorism, which is usually a blank check” to collect anything, including nude photos. Oliver continued, arguing that “FISA amendments act of 2008 allows the bulk collection of internet communications that are one and foreign. So if you have your email somewhere like Gmail, hosted on a server overseas or transferred overseas or at any time crosses over the borders of the United States, your junk ends up in a database.” Even if a person were to send a picture to someone in the United States, the message can go from New York, to London, and back, and get caught in a database.[ref]Ben Axelson, “Edward Snowden Tells John Oliver Nude Photos Aren’t Safe from NSA Surveillance,” April 6, 2015, accessed September 6, 2015, http://www.syracuse.com/us-news/index.ssf/2015/04/edward_snowden_nude_obscene_photo_surveillance_john_oliver.html[/ref]

Furthermore, Edward Snowden not only revealed that the NSA was spying on its citizens, but that America was also spying on other countries, including its allies.Director of National Intelligence, James Clapper, stated in  a Senate committee hearing that Snowden’s leak caused “profound damages,” resulting in a “lost [of] critical foreign intelligence collection sources, including some shared with us by valued partners.” [ref]Meek, James, Luis Martinez, and Alexander Mallin, “Intel Heads: Edward Snowden Did ‘Profound Damage’ to U.S. Security,” ABC News, January 29, 2014, accessed September 6, 2015, http://abcnews.go.com/Blotter/intel-heads-edward-snowden-profound-damage-us-security/story?id=22285388.[/ref]

Ultimately, NSA’s breach of privacy is illegal. The fourth amendment clearly states that being an American citizen guarantees the right to security from unreasonable searches and seizures. Furthermore, no warrants can be issued without probable cause. By collecting mass metadata from phone calls, the NSA has breached the fourth amendment. The question comes down to this: Should the U.S. persecute Edward Snowden, or should the government instead be punished for not protecting the constitution they swore to uphold? If the government refuses to not pardon Snowden, then he may very well be forced to spend the rest of his days in Russia, or another country that is willing to grant him asylum. If Snowden, however, chooses to return to the U.S. unpardoned, government could unjustly persecute Snowden under the law.

While Edward Snowden’s impetuous actions have damaged foreign relations, his actions were beneficial in the long run. The fact that the NSA has been given the power the spy on its own citizens reveals that the organization has grown too big and too powerful. After federal officials have charged Snowden under the Espionage Act,[ref]Glenn Greenwald, “On the Espionage Act Charges against Edward Snowden,” June 22, 2013, accessed September 6, 2015, http://www.theguardian.com/commentisfree/2013/jun/22/snowden-espionage-charges.[/ref]Congressman Ron Paul responded by saying, “Espionage means giving secret or classified information to the enemy. Since Snowden shared information with the American people, his indictment for espionage could reveal that the US Government views you and me as the enemy.” [ref]“Ron Paul,” InvestmentWatch, April 2, 2015, accessed September 6, 2015, http://investmentwatchblog.com/ron-paul-my-understanding-is-that-espionage-means-giving-secret-or-classified-information-to-the-enemy-since-snowden-shared-information-with-the-american-people-his-indictment-for-espionage-could[/ref]The government should pardon Edward Snowden so that he can come back to the US safely, and resume his life as a citizen. In most cases, when an individual reports a crime, it’s the one who committed the crime that gets punished, not the individual reporting it. Hence, since Snowden was the one who reported the illegal activity, it should be the NSA, and all those involved with illegal spying, who answer for their crimes, not Snowden himself. Attempts have already been made to petition Snowden’s safe return on the White House website, but the petition was turned down. The fight to bring him home will not be an easy one but it is one that needs to be done.

Take Action:

Sign this petition, to be sent to President Obama, if you believe that U.S. should pardon Edward Snowden.

“Free Snowden” is a website dedicated to pardoning Edward Snowden. Check out their website and see what you can do to get involved!

 

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Christopher Varute Law is a young scholar from the University of California, Merced, who studied Psychology. He belongs to a Thai family and has lived most of his life in Southern California. At UC Merced, he was the Founder and President of Thai/Laos club. Law has been involved in Former Congressman Ron Paul's presidential campaign on multiple levels. Some of his policy interests are Gun Rights, Drug Policy and Vaccines. Chris considers himself a social liberal and a fiscal conservative.