Fifteen staff members who worked on a well-known bipartisan intelligence watchdog committee wrote to President Barack Obama and Attorney General Loretta Lynch on Monday requesting the administration negotiate a plea agreement with former NSA contractor Edward Snowden.
“There is no question that Edward Snowden’s disclosures led to public awareness which stimulated reform,” wrote the staffers who served on the U.S. Senate Select Committee to Study Governmental Operation with Respect to Intelligence Activities — called the Church Committee, after its chairman, Idaho Sen. Frank Church.
“Whether or not these clear benefits to the country merit a pardon, they surely do counsel for leniency,” the authors continued.
Frederick, or “Fritz” Schwarz, Jr., the Church Committee’s chief counsel who now heads up policy and legal advocacy organization the Brennan Center for Justice, penned the letter alongside the committee’s staff director, William Green Miller, and 13 other co-signers.
Schwarz, who published a book last year on the allure of government secrecy called Democracy in the Dark, says he has been captivated by Snowden since the former National Security Agency contractor first made his disclosures. “I’ve known many whistleblowers starting when I was chief counsel of the Church Committee, and they’re often praise worthy … but [Snowden] seemed straightforward and genuine,” he said during a phone interview with The Intercept.
In the 1970s, the Church Committee conducted an unprecedented investigation that uncovered abuses by the intelligence community and led to reforms. Schwarz recalled, during a recorded interview with the Brennan Center’s Michael German, being involved in the first and “most comprehensive” investigation into the intelligence community, which was aimed at being “open and rigorous” — challenging senators who willfully turned a blind eye to the nation’s spies and their misdeeds.
The climate at the time, wracked with scandals like Watergate and leaks like the Pentagon Papers, “led to a pent up interest in what the secret government had been doing,” he said.
The committee uncovered the NSA’s practice of retaining copies of telegrams sent overseas, the CIA’s experimentation with hallucinogenic drugs and use of domestic surveillance, and the FBI’s widely discredited program under J. Edgar Hoover, called COINTELPRO, involving the monitoring of constitutionally protected activities.
Yet that climate of support for reform and investigation has changed, the authors argued. “The government has all but stopped making bipartisan reforms,” they wrote, arguing that this has left whistleblowers to take matters into their own hands.
Snowden, who provided a massive trove of documents about the government’s worldwide surveillance regime to journalists in 2013, served as the spark to inspire lawmakers to reach across the aisle and amend the Patriot Act, ending the bulk collection metadata program in the summer of 2015, they wrote. And, his revelations uncovered the extent of overseas spying, which the Church Committee staffers note led President Obama to promise stronger privacy protections for foreigners.
If Snowden hadn’t come forward, Americans might never have known about the abuses taking place, the authors argue. “We know first hand that lack of disclosure can cause just as many, if not more, harms to the nation than disclosure,” they wrote. “When intelligence agencies operate in the dark, they often have gone too far in trampling on the legitimate rights of law-abiding Americans and damaging our reputation internationally.”
They also noted that the government has been lenient towards senior national security officials who have been involved in divulging secrets, like former CIA Director David Petraeus, who provided classified information to his biographer, with whom he was having an affair, and pled guilty to a simple misdemeanor.
Petraeus is now reportedly being considered for a role in President-elect Donald Trump’s administration.
“In all these cases, recognition of the public service the individuals had provided weighed against strict enforcement of the law, to come to a fair and just result,” the authors wrote.
Meanwhile, the harsh treatment of other whistleblowers, like Thomas Drake and Chelsea Manning, may have inspired Snowden to take the route he did, they suggest.
The authors directly challenged several assertions made by the House Intelligence Committee in a short unclassified excerpt of its investigation into Snowden’s motivations and actions, which concluded in September. The full contents of the House’s investigation remain classified, though the committee has submitted it for declassification and publication.
Notably, the former Church Committee staffers did not advocate for a pardon, something President Obama has rejected as a possibility. Instead, they urged the government to consider offering Snowden a deal.
“Under current law, the only way to weigh the public benefits of Snowden’s leaks and account for his aim to help America is for the government to mitigate the charges through settlement discussions,” they concluded.
“I felt a flat pardon as opposed to what we call for, a negotiation with leniency, was very unlikely to happen,” Schwarz explained.
When asked if the current political climate might stifle further reform, given the incoming administration and President-elect Donald Trump’s known volatility, Schwarz was diplomatic: “I think we need to be eternally watchful.”
Top photo: Members of the Church Committee meet with several of President Gerald Ford’s legal counsels in June 1975.
There is no way Obama will grant any form of leniency to Edward Snowden, because Snowden did the thing that is most unforgivable for politicians: He showed what liars they are. And that’s a big part of the reason that he will fare no better under Trump than under Clinton.
Edward Snowden is a person of amazing courage and moral integrity, but those facts do not equate to a lasting impact. The vast majority of Americans appear to be either unable or unwilling to comprehend the monstrosity of what he revealed, and so in the end his sacrifices will have been for naught. It is a shame, it is tragic, but that is the way it is.
Thank you, Edward Snowden.
You have performed a public service and exposed civil liberties abuses that had nothing to do with national security or foreign intelligence and everything to do with violations of American civil liberties.
Heinous abuses such as NSA monitoring of IP addresses belonging to the Chinese military, of Russian officials during certain trade negotiations, NSA spying on the government of Brazil, Swedish efforts to assist US espionage against Russia, NSA efforts in Pakistan, British surveillance of the G20, NSA operations in Latin America, France, Norway, Somalia, al-Qaeda’s efforts to counter US drones, tapping the German chancellor’s phone, and spying on the Mexican government.
For exposing these shocking, newsworthy civil liberties abuses and violations of American law you deserve all the leniency in the world. Preferably in the form of a complete pardon (in advance of any sort of trial of course)
Regards,
The Snowden Fan Club
We have George W.Bush,Clinton warmonger Secretary of state,Bill Gate great Philanthropist and Edward Snowden great hero of our times to reveal evil American foreign affairs and protecting democracy.
Edward Snowden,I don’t believe I am saying this,but you are great American,great human been and I respect you.( I don’t use this word before and I feel like I am betraying my principal,but I know I am not.
Good bless you and thank God you are real American,but unfortunately today’s American public kept brainwashed and conditioner to believe ; American higher interest in middle east worth invading and murdering innocent people.
Pardoning Snowden and Manning would go a long way in encouraging whistleblowers in the Trump era. If Obama doesn’t do this, it comes to reason that the establishment sees Trump as one of their own, and there are already signs this is the case.
https://www.reddit.com/r/Operation_Berenstain/duplicates/5fmm2z/the_hbgary_emails_wikileaks_just_released/
SEE BELOW
Test
http://www.zerohedge.com/news/2016-11-29/what-professional-disinformation-campaign-looks
Today Wikileaks published in searchable format more than 60 thousand emails from private intelligence firm HBGary. As Wikileaks reported on its website, “the publication today marks the early release of US political prisoner Barrett Brown, who was detained in 2012 and sentenced to 63 months in prison in connection with his journalism on Stratfor and HBGary. Coinciding with Mr Brown’s release from prison WikiLeaks is publishing a searchable index of the HBGary emails. WikiLeaks published the Stratfor emails in 2012.”
For those who missed it five years ago, the story behind the leak is fascinating.
The HBGary emails are from four email accounts of key people from HBGary and HBGary Federal. HBGary was founded in 2003 by Greg Hoglund to provide cyber security-related services to corporate clients. A separate entity, HBGary Federal, was managed by Aaron Barr to do similar work for government agencies and so had staff with security clearances and worked with companies such as Booz Allen Hamilton (one of the contractors Edward Snowden worked for).
Seems to me that Russia / Putin have shown the best examples of leniency that Snowden rightfully deserves.
“Leniency” == “No Charges and No Trial.”
I do not think the US will grant Snowden any leniency. 1-as long as he is in Russia he can be presented as an agent of the evil Russian empire.2-he still presents a real danger to the secret services as he has a fundamental view of their workings and would receive a huge podium if he is ever allowed back. One of the most telling episodes in the Snowden saga for me was when the Presidential airplane of Evo Morales was not granted way through France, Italy, Portugal and Spain on a return flight from Moscow on the 2nd of July 2013 because Snowden was suspected of being on that plane. This proved to me that European governments are just US’puppets on the worldstage.
Russia is upstaging the US in a very big way and shaming the US gov for being the stalin state it has become. The dumb&dumbers running the US gov have mutated into a congealed coagulated moreass of sticky slimy balls of goo and the visual is so visual that the church committee is being kind and giving them a heads up, not that the slimeball congress will listen.
I think Snowden’s life expectancy went up when Trump won. Hillary would have never forgiven him. Maybe he can meet with Trump and Putin in Moscow, play on Trump’s needy narcissistic nature, and maybe secure a simple misdemeanor charge like Petraus did.
Hillary would have droned him !
““There is no question that Edward Snowden’s disclosures led to public awareness which stimulated reform,” wrote the staffers who served on the U.S. Senate Select Committee to Study Governmental Operation with Respect to Intelligence Activities — called the Church Committee, after its chairman, Idaho Sen. Frank Church.”
“…which stimulated reform…” That’s some funny stuff there!
I’ve got $1k that says Senator Frank Church and Senator Pike would spit in the IC’s and FISA judges face about now if they were alive. Notwithstanding most of the Senate and House IC oversight committee members and every single President for the last 40 years. They knew. They acted. It still wasn’t enough to shackle the MIC. And now we have Trump. Snowden will never be allowed any leniency or mercy whatsoever. Edward Snowden will forevermore, be the posterchild of what the psychopathic MIC capitalists are afraid of. TRUTH. Edward Snowden is the greatest hero of the last century. Thank you Edward. May you find some kind of peace within your future.
as president, i would make a statues of Snowden, Assange, Manning, the NSA 5, Plame, Ellsberg and Bernstein. Then i would have an annual day of recognition for whistleblowers – the American line of defence of gov gone wild.
‘“I felt a flat pardon as opposed to what we call for, a negotiation with leniency, was very unlikely to happen,” Schwarz explained.’
Yes, and this is a sad think to think unlikely considering the much-beloved-by-“liberals” Obama and his initial message of Change and Hope and Most Transparent Admin Ever. Obama could easily pardon Snowden (and Manning, Sterling, etc.) on his last day in office, with very little repercussions since well duh, the Democratic Party is currently burning itself to ashes due to incompetency and stupidity, and the GOP is in charge. But why wouldn’t he if no risk to the party?
The narrative of some is that he was forced to do bad things by GOP Congress obstruction. But no, seems more likely he’s just an asshole (that’s why he wouldn’t. He’s not a good person). He personally chose to instruct his DOJ to prosecute whistleblowers, to increase drone bombings, etc. He hasn’t changed. I don’t expect the DNC to change. I’ll just say if in the end of his term Obama pardons or offers a plea deal to Snowden, or if the DNC elites elect Keith Ellison instead of some tired establishment hack, I’ll be very surprised, and have the first hope in my heart in more than a year of eyerolling. I can watch myself poop, my eyes are so rolled back at the Democratic Party’s idiocy and corruption and myopia and abandonment of their values.
Replacing Wasserman Shultz with Donna Brazil. ROFL WTF. That eye-roll covered at least 40% of the rotation. Democrats supporting Howard Dean, even after this election…maybe eventually I’ll get to 360% degrees if the Democrats keep doubling down on utter stupidity.
Fuck you Obama, btw. Oh and great leadership on Standing Rock. Asshole. Fuck you too Trump and Clinton. Too bad Sanders was raked over by the corrupt DNC. And too bad Democrats are too stupid to realize a lot of primary elections are closed unless a member, and that Independents outnumber Democrats, so your little tribal “she got 3 million more votes than Bernie, tho, liberals have spoken!” meme doesn’t actually mean much. True liberals/progressives continue to abandon the shitty Party you are members of, and if your shitty candidate wins in a largely shit-only-electorate-allowed primary, it won’t reflect the general tenor of the current electorate.
http://thefreethoughtproject.com/standing-rock-refuse-vote/
““I don’t think anyone here votes,” Oglala Lakota Tribe member Julie Richards told the Guardian. “We’re all like, fuck the government, fuck voting, and fuck the people running.”
https://www.democracynow.org/2016/11/29/bernie_sanders_on_the_dakota_access
And let’s look at candidate Clinton’s brave, caring, noble, progressive, completely non-measured or tepid statement, and wonder why the protesters there might think like Julie Richards would, that neither Trump nor Clinton would give a shit so why bother voting:
http://indiancountrytodaymedianetwork.com/2016/10/27/clinton-campaign-responds-dapl-face-166252
“We received a letter today from representatives of the tribes protesting the construction of the Dakota Access Pipeline. From the beginning of this campaign, Secretary Clinton has been clear that she thinks all voices should be heard and all views considered in federal infrastructure projects. Now, all of the parties involved—including the federal government, the pipeline company and contractors, the state of North Dakota, and the tribes—need to find a path forward that serves the broadest public interest. As that happens, it’s important that on the ground in North Dakota, everyone respects demonstrators’ rights to protest peacefully, and workers’ rights to do their jobs safely.”
I think if I were a Native American my eyes would have rolled over enough times to maybe give me super vision-powers. What in the hell is that shit statement.
All voices should be heard…broad public interest…worker’s right to do their jobs safely…
Was she running for the Presidency of 1834? Trail of Tears? All voices should be heard as we ignore and brutalize them…broad public interest (pipeline $$)…worker’s rights to march Injuns to other territories safely…
The Washington DC Child Molestation/murder ring that’s being exposed today!
They’re trying to cover it up with a campaign against Fake News. Don’t believe it everyone! They’re starting the implementation of censoring investigative independent reporting by independent journalists. The sudden appearance of The Fake News term that’s everywhere right now is the start of a massive war by the powers that be to remove Truth from being accessed by You! Me! Us!
Wake up! Do a search on the Franklin Coverup. It’s happening again in Washingtom DC-children sexually abused and murdered during initiations ( much like college hazing! That’s where it starts!) of elites into higher levels of class status. They must prove they’ll do anything for the class-Anything! This is where a lot of missing children are Right Now! Being tortured, having organs removed only to be put into the aging bodies of evil people such as Henry Kissinger and the Senior Bushes.
Look up PizzaGate! The latest coverup of all this is happening right now. It’s not Fake News! That’s what they want us to think. In fact they don’t want you and let’s face it your children too to think for yourself. They want you to watch TV and stuff yet another pizza down the life pipe.
Get a grip schmuck.
Sure thing, Alex Jones.
Here’s a presentation by “conspiracy realist” Ted Gunderson (1928-2011):
https://www.youtube.com/watch?v=57GVIbVkHQY
Could have sworn this article was about Snowden and the veterans of the Church Committee or something.
Truth.
https://fenton.egnyte.com/fl/x1pPckyQ94#folder-link/?p
Yes, Please! Snowden and Manning should be pardoned (they didn’t actually do anything wrong). Both should be considered HEROES!
Snowden did nothing wrong by leaking information about legitimate foreign-intelligence operations aimed at foreign targets—information that made up the vast majority of his document trove.
Sure. What a hero.
If Snowden returns, NSA Security assassins will kill him. NSA Security is a criminal organization. They run honeypots to blackmail NSA managers and they do not like their efforts to subvert the US via NSA being exposed.
Fixed it in bold.
I certainly haven’t seen any evidence of actual “reforms” to the policies and practices (at least not any meaningful or significant ones) of the Intelligence agencies, corporate partners, telecoms, or military as a result of Edward Snowden’s disclosures.
Oh wait, the corporate entities in partnership with the government have increased their willingness to fight to be at least be a little more “transparent” about when and how often the government makes legal demands for the “data” of their “customers”.
As far as stopping those policies and practices it in the first instance, or even requiring a warrant on sufficient probable cause on an individual basis, basically nothing significant or meaningful I’m aware of (all while conceding we can all have differing opinions on what constitutes “meaningful” or “significant” alterations to the pre-Snowden status quo).
quote”I certainly haven’t seen any evidence of actual “reforms” to the policies and practices (at least not any meaningful or significant ones) of the Intelligence agencies, corporate partners, telecoms, or military as a result of Edward Snowden’s disclosures.” unquote
Give this man a prize for Great Moments in Cognitive Dissonance.
Don’t really think “cognitive dissonance” means what you think it means.
Here let me demonstrate–if you think you can prove there have been legal “reforms”, or “meaningful or significant” reforms to anything the Intelligence Agencies, their corporate partners, telecoms and/or the military have done or been forced to do as a function of Snowden’s disclosures–then list them.
I’ll wait.