Now that Edward Snowden has been formally charged with violating the Espionage Act, maybe people will quit erroneously accusing the fugitive whistleblower of treason. That crime is mentioned specifically in the U.S. Constitution, which says, “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” This is essentially the definition of treason in the applicable federal statute as well.
Snowden obviously did not take up arms against the U.S., nor did he aid or comfort any enemies. His actions discomfited the U.S. government because he revealed that it was spying on its own people. The country’s enemies didn’t learn anything from Snowden that they didn’t already suspect—namely, that the U.S. has an active electronic surveillance program. The surprise in Snowden’s revelations was the extent to which it intruded on the communications of American citizens. In no way is that treason.
Yet when my local paper reported on the appearance on “Meet The Press” of an ally of Snowden, it wrote that he was “asked about treason” for having supported him. Go figure.
Snowden is charged with stealing government property and improperly disclosing classified information. He can and should stand trial for that. Those are crimes for which the government can properly pursue him. Snowden hurts his own cause by becoming a fugitive and forcing the government to track him down and go through extradition proceedings.
Snowden was employed by a government contractor, which gave him access to classified information. He took an oath to protect that information. Violating the oath can be regarded as an act of civil disobedience. Willfully breaking a valid law may be justified, but only if the lawbreaker is prepared to suffer the consequences.
Snowden would be smart to end his flight and plead his case in a court of law. He may be able to make a powerful case to mitigate punishment. The longer he behaves like any other fugitive from justice the harder it will be to make that case.
WELCOME to the debut of “The Truth Is!”, a blog of reporting and commentary that aims to be informative, thoughtful and provocative. At least initially, the blog will have a strong heartland flavor by virtue of the connection of a number of us to Cowles family journalism. I am former editor of the Des Moines Register’s opinion pages. Another contributor, Michael Gartner, is former editor of the paper; he later served as president of NBC News. Another former Register editor who has agreed to contribute, Geneva Overholser, is director of the University of Southern California’s Annenberg school of journalism. Followers of the blog will have access also to the work of Herbert Strentz of Des Moines, a close Register and other newspaper watcher who once headed Drake University’s journalism school. Bill Leonard, a longtime Register editorial writer, will add insights.
“The Truth Is!” will be supervised by my daughter, Marcia Wolff, a communications lawyer for 20 years with Arnold and Porter (Washington, D.C.). Invaluable technical assistance in assembling and maintaining the blog is provided by my grandsons Julian Cranberg, a college first-year, and Daniel Wolff, a high school senior.
If you detect a whiff of nepotism in this operation, so be it. All of it is strictly a labor of love. —Gil Cranberg
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