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Snowden Leaks Illegal but Were ‘a Public Service,’ Eric Holder Says Snowden Leaks Illegal but Were ‘a Public Service,’ Eric Holder Says
(about 3 hours later)
Eric H. Holder Jr., the former United States attorney general, said that Edward J. Snowden had performed a “public service” by starting a national conversation when he leaked documents in 2013 that revealed classified information about National Security Agency programs.Eric H. Holder Jr., the former United States attorney general, said that Edward J. Snowden had performed a “public service” by starting a national conversation when he leaked documents in 2013 that revealed classified information about National Security Agency programs.
Mr. Holder said in a podcast with David Axelrod that was released Monday, “We can certainly argue about the way in which Snowden did what he did, but I think that he actually performed a public service by raising the debate that we engaged in.”Mr. Holder said in a podcast with David Axelrod that was released Monday, “We can certainly argue about the way in which Snowden did what he did, but I think that he actually performed a public service by raising the debate that we engaged in.”
Despite that, Mr. Holder added that Mr. Snowden’s actions were “inappropriate and illegal,” and suggested that he should have gone to Congress with his concerns.Despite that, Mr. Holder added that Mr. Snowden’s actions were “inappropriate and illegal,” and suggested that he should have gone to Congress with his concerns.
He added that Mr. Snowden, a former intelligence contractor, had harmed the national security and diplomatic interests of the United States, and had placed intelligence agents in danger.He added that Mr. Snowden, a former intelligence contractor, had harmed the national security and diplomatic interests of the United States, and had placed intelligence agents in danger.
Hours after the interview was released, Mr. Snowden tweeted a response that suggested that the United States had been inconsistent in its assessment of his actions. He was granted asylum in Russia in 2013 and has repeatedly expressed a desire to return home on the condition that he be granted a fair trial.Hours after the interview was released, Mr. Snowden tweeted a response that suggested that the United States had been inconsistent in its assessment of his actions. He was granted asylum in Russia in 2013 and has repeatedly expressed a desire to return home on the condition that he be granted a fair trial.
Mr. Snowden was charged with two violations of the United States Espionage Act, as well as theft of government property.Mr. Snowden was charged with two violations of the United States Espionage Act, as well as theft of government property.
President Obama does not share Mr. Holder’s view of Mr. Snowden’s action, a White House spokesman said on Tuesday.
“It endangered our national security,” Josh Earnest, the White House press secretary, said, adding that Mr. Snowden had committed serious crimes. “There is a path for whistle-blowers to take if they have legitimate concerns.”
In the interview, Mr. Holder, who was succeeded by Loretta E. Lynch in April 2015, urged Mr. Snowden to return to the United States to face trial, saying that the courts “could take into account the usefulness of having had that national debate.”In the interview, Mr. Holder, who was succeeded by Loretta E. Lynch in April 2015, urged Mr. Snowden to return to the United States to face trial, saying that the courts “could take into account the usefulness of having had that national debate.”
But Geoffrey R. Stone, a law professor at the University of Chicago whose Skype interview with Mr. Snowden in May was the impetus for Mr. Holder’s comments, said Tuesday that despite Mr. Snowden’s eagerness to return, there was “no legal defense that he could assert in this situation under existing law.”But Geoffrey R. Stone, a law professor at the University of Chicago whose Skype interview with Mr. Snowden in May was the impetus for Mr. Holder’s comments, said Tuesday that despite Mr. Snowden’s eagerness to return, there was “no legal defense that he could assert in this situation under existing law.”
“There is no general justification defense that says you can get off from committing criminal offense by saying, ‘I had a good reason to do it,’ ” Mr. Stone said.“There is no general justification defense that says you can get off from committing criminal offense by saying, ‘I had a good reason to do it,’ ” Mr. Stone said.
In a 2013 letter that attempted to convince the Russian minister of justice that Mr. Snowden should not be granted asylum, Mr. Holder said only that the leaker would not face the death penalty or torture were he to return.In a 2013 letter that attempted to convince the Russian minister of justice that Mr. Snowden should not be granted asylum, Mr. Holder said only that the leaker would not face the death penalty or torture were he to return.
Mr. Snowden has seen significant success in his quest to start a public conversation about government surveillance. In 2015, the N.S.A.’s bulk collection of Americans’ phone records, one of the programs he exposed, was ruled illegal and transformed by Congress.Mr. Snowden has seen significant success in his quest to start a public conversation about government surveillance. In 2015, the N.S.A.’s bulk collection of Americans’ phone records, one of the programs he exposed, was ruled illegal and transformed by Congress.
He has also won widespread support abroad, including from the European Parliament, which adopted a nonbinding resolution in October to protect him from prosecution and recognize him as a “whistle-blower and international human rights defender.”He has also won widespread support abroad, including from the European Parliament, which adopted a nonbinding resolution in October to protect him from prosecution and recognize him as a “whistle-blower and international human rights defender.”
Mr. Holder’s interview was conducted on Mr. Axelrod’s podcast, “The Axe Files,” making him the latest in a group of former and current White House staff members to become regulars on the podcast circuit.Mr. Holder’s interview was conducted on Mr. Axelrod’s podcast, “The Axe Files,” making him the latest in a group of former and current White House staff members to become regulars on the podcast circuit.
Mr. Axelrod, a former senior adviser to President Obama, has hosted Samantha Power, the United States ambassador to the United Nations; and Ben Rhodes, the deputy national security adviser; among others. Mr. Obama’s former speechwriter, Jon Favreau, and Dan Pfeiffer, a former White House adviser, began releasing episodes of their own podcast, “Keepin’ It 1600,” this month.Mr. Axelrod, a former senior adviser to President Obama, has hosted Samantha Power, the United States ambassador to the United Nations; and Ben Rhodes, the deputy national security adviser; among others. Mr. Obama’s former speechwriter, Jon Favreau, and Dan Pfeiffer, a former White House adviser, began releasing episodes of their own podcast, “Keepin’ It 1600,” this month.
Mr. Obama has himself appeared on several podcasts, including an episode of the comedian Marc Maron’s “WTF” last summer that was the show’s most downloaded new episode ever.Mr. Obama has himself appeared on several podcasts, including an episode of the comedian Marc Maron’s “WTF” last summer that was the show’s most downloaded new episode ever.