News that President Vladimir Putin granted a temporary asylum request from Edward Snowden unleashed howls of anguish from the Washington establishment. Headlines are decrying the “new low in Russian relations.” Senator Schumer feels that Russia “stabbed us in the back.” The old war horse Senator John McCain feels that Putin has slapped us in the face. Even the president’s spokesman is lamenting the state of our relations and hinting at a possible cancellation of the upcoming U.S.-Russia summit.
What hypocrites! Does anyone really think for a moment that we would have returned Edwardo Snowdensky to Moscow or Cuba if the tables were reversed? There would have been a chorus of encouragement for the “courageous defender of free speech,” the brave individual willing to speak out against a repressive police state program.
Mr. Snowden may not have chosen the best plan of execution for his revelations, but did he really have a choice? Would the Washington Post have been any better choice than the Guardian? Would delivering the information to the IG at the CIA, or personally to Senators Rand Paul and Ron Wyden, have the same result of immediately exposing the widespread, unconstitutional, and possibly illegal violations of basic American liberties?
The malicious vigor with which the Justice and State Departments are pursuing action against Snowden confirms his belief that he would have been arrested or worse if he stayed in the U.S. Could he have been sure they wouldn’t have illegally locked him in a military prison, without benefit of counsel or access to habeas corpus, as they did U.S. citizen Jose Padilla after being seized in the Chicago airport? No, he couldn’t be sure of that.
No one really believes that Mr. Snowden is a spy, or that he is trying to sell out his country. He is a concerned citizen, who knows more than most about the extent of government intrusion. But he is a danger, to paraphrase President Eisenhower, to the security-contractor complex.
So as world policemen, the U.S. government has thrown its full weight behind getting its hands on Snowden. Grounding sovereign nations’ presidential aircraft, threatening sanctions, and twisting arms behind the scenes, measures which all serve to reinforce the idea that the emperor is wearing no clothes.
A great unease and distrust has swept the country as the lies, half-truths, distortions, and intrusions have been exposed. A critically necessary debate has begun.
We are told, as in a banana republic, that the security of the nation requires extraordinary measures. That the rights of the individual have been superseded by the exigencies of an endless, unbounded conflict. We are told that these measures have thwarted dozens of plots. But we’re not allowed to know the details of the vast majority of these, and in most cases it appears no one was arrested. When the people start to lose respect for their institutions and leaders, the “trust us” defense ceases to be persuasive.
Mr. Snowden’s actions have drawn the attention of citizens of all political persuasions, making the debate unavoidable.
No one is right all the time, and our judgment is sometimes blurred by our zeal to accomplish a certain goal. That is why cops and FBI agents must consult with prosecutors, who in turn must consult with and obtain approval from a judge, before warrants are issued to seize persons or property. In the 1760s, the English Crown abused its authority to make searches, and the resulting trial of the Boston merchants provided the rallying cry that help ignite the revolution. John Adams, an observer at the trials, was quoted as saying “the child independence was born that day”.
A similar sentiment is felt by most Americans today.
So what’s the best way for the administration to save face? The heavy handed pressure to secure Snowden has surely been counterproductive, and has made President Putin look like the good guy, the leader who provides the stability to defuse a problem.
Actually, the solution is amazingly simple.
The president has two options. Do nothing, while Snowden goes to work for Kaspersky, making big bucks, enjoying his celebrity, and continuing to divulge secrets as it suits him. Then hopefully sometime down the line the NSA’s secret program will still be shut down by Congress.
Or, he could ask Snowden to come home. He could grant him immunity from prosecution, and tell him we are all grateful that these programs will now get a thorough look from Congress. For his part, Snowden agrees to a debriefing by the NSA, and to make a full and detailed report to congressional intelligence committees. Maybe he even goes to work as an advisor to Sens. Paul and Wyden. And everyone wins.
Brad Cates is an international business attorney, and a former federal prosecutor and law enforcement counsel to the INS Commissioner.
