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| U.S. Petitions for Extradition in N.S.A. Case | |
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| HONG KONG — The State Department has asked Hong Kong to extradite Edward J. Snowden to face espionage and theft charges in the United States, officials confirmed on Saturday, setting off what is likely to be a tangled and protracted fight over his fate. | HONG KONG — The State Department has asked Hong Kong to extradite Edward J. Snowden to face espionage and theft charges in the United States, officials confirmed on Saturday, setting off what is likely to be a tangled and protracted fight over his fate. |
| Tom Donilon, President Obama’s national security adviser, told CBS Radio News that the request makes “a good case” under the extradition treaty between the United States and Hong Kong for the return of Mr. Snowden, the former National Security Agency contractor whose disclosures about American surveillance programs have riveted the country. “Hong Kong has been a historically good partner of the United States in law enforcement matters, and we expect them to comply with the treaty in this case,” Mr. Donilon said. | Tom Donilon, President Obama’s national security adviser, told CBS Radio News that the request makes “a good case” under the extradition treaty between the United States and Hong Kong for the return of Mr. Snowden, the former National Security Agency contractor whose disclosures about American surveillance programs have riveted the country. “Hong Kong has been a historically good partner of the United States in law enforcement matters, and we expect them to comply with the treaty in this case,” Mr. Donilon said. |
| A public battle over the status of Mr. Snowden could prove uncomfortable for the Obama administration. His revelations have provoked new criticism of the N.S.A.’s eavesdropping and data collection, and a drawn-out legal struggle could put a harsh spotlight on the tension between Mr. Obama’s pledges of transparency and civil liberties and his administration’s persistent secrecy and unprecedented leak prosecutions. | A public battle over the status of Mr. Snowden could prove uncomfortable for the Obama administration. His revelations have provoked new criticism of the N.S.A.’s eavesdropping and data collection, and a drawn-out legal struggle could put a harsh spotlight on the tension between Mr. Obama’s pledges of transparency and civil liberties and his administration’s persistent secrecy and unprecedented leak prosecutions. |
| Mr. Snowden, 30, left a hotel room in Hong Kong two weeks ago after revealing that he was the one who leaked highly classified documents to The Guardian and The Washington Post. Hong Kong police officials would not comment on Saturday about Mr. Snowden’s whereabouts. | |
| Stephen Vickers, who oversaw police criminal intelligence in Hong Kong before Britain returned the territory to China in 1997, said Saturday that the police could detain Mr. Snowden if Hong Kong government lawyers determine that the charges he faces in the United States are also illegal offenses in Hong Kong, which is likely. | Stephen Vickers, who oversaw police criminal intelligence in Hong Kong before Britain returned the territory to China in 1997, said Saturday that the police could detain Mr. Snowden if Hong Kong government lawyers determine that the charges he faces in the United States are also illegal offenses in Hong Kong, which is likely. |
| “I have no doubt whenever the government decides to take action, they will pick him up fast,” said Mr. Vickers, who now runs a risk consulting firm. | “I have no doubt whenever the government decides to take action, they will pick him up fast,” said Mr. Vickers, who now runs a risk consulting firm. |
| David H. Laufman, a former federal prosecutor, said that American officials are likely to press Hong Kong to make sure Mr. Snowden no longer has access to the news media while in custody for fear that he could reveal more N.S.A. secrets. “He’s a walking disclosure time bomb,” Mr. Laufman said. | David H. Laufman, a former federal prosecutor, said that American officials are likely to press Hong Kong to make sure Mr. Snowden no longer has access to the news media while in custody for fear that he could reveal more N.S.A. secrets. “He’s a walking disclosure time bomb,” Mr. Laufman said. |
| If and when the Hong Kong police detain him, Mr. Snowden can then appeal to a magistrate for his release. But he faces another complication: his 90-day tourist visa runs out in mid-August, giving the local authorities another reason to keep him in custody. Should he go to jail, Mr. Snowden would “have slightly greater privileges than prisoners” elsewhere in Hong Kong, said a lawyer with experience in Hong Kong extradition cases, including the choice of Chinese or Western food and access to books — but not to computers. | If and when the Hong Kong police detain him, Mr. Snowden can then appeal to a magistrate for his release. But he faces another complication: his 90-day tourist visa runs out in mid-August, giving the local authorities another reason to keep him in custody. Should he go to jail, Mr. Snowden would “have slightly greater privileges than prisoners” elsewhere in Hong Kong, said a lawyer with experience in Hong Kong extradition cases, including the choice of Chinese or Western food and access to books — but not to computers. |
| The more daunting challenge facing the United States is its request to have Mr. Snowden sent back to face charges in the Eastern District of Virginia. Federal prosecutors there have handled many major national security cases, and Mr. Snowden’s most recent employer, the N.S.A. contractor Booz Allen Hamilton, has headquarters in the district. | The more daunting challenge facing the United States is its request to have Mr. Snowden sent back to face charges in the Eastern District of Virginia. Federal prosecutors there have handled many major national security cases, and Mr. Snowden’s most recent employer, the N.S.A. contractor Booz Allen Hamilton, has headquarters in the district. |
| A senior Obama administration official suggested on Saturday that strong pressure was being applied privately on the Hong Kong authorities to swiftly return Mr. Snowden. “If Hong Kong doesn’t act soon, it will complicate our bilateral relations and raise questions about Hong Kong’s commitment to the rule of law,” the official said. | A senior Obama administration official suggested on Saturday that strong pressure was being applied privately on the Hong Kong authorities to swiftly return Mr. Snowden. “If Hong Kong doesn’t act soon, it will complicate our bilateral relations and raise questions about Hong Kong’s commitment to the rule of law,” the official said. |
| But the appeal to the rule of law cuts both ways, because the United States’s surrender treaty with Hong Kong has an exception for political offenses. Mr. Snowden and his lawyers, whom associates say he has retained but who have not been publicly identified, could tie up the extradition effort by asserting that his alleged crimes are political in nature, said Regina Ip, a former Hong Kong secretary of security and a current legislator. She added that such an assertion would have “to go through various levels of our courts.” | But the appeal to the rule of law cuts both ways, because the United States’s surrender treaty with Hong Kong has an exception for political offenses. Mr. Snowden and his lawyers, whom associates say he has retained but who have not been publicly identified, could tie up the extradition effort by asserting that his alleged crimes are political in nature, said Regina Ip, a former Hong Kong secretary of security and a current legislator. She added that such an assertion would have “to go through various levels of our courts.” |
| Alternatively, Mr. Snowden could apply for asylum. Currently, asylum claims are facing delays of several years in Hong Kong, because they are handled by Hong Kong officials in cooperation with the office of the United Nations High Commissioner for Refugees. Nazneen Farooqi, a local protection officer with the United Nations refugee agency, suggested last week, without addressing Mr. Snowden’s case directly, that his case would not be fast-tracked should he go this route, since “we prioritize older cases.” And people who make asylum applications can be held in detention for weeks, months or even longer. | Alternatively, Mr. Snowden could apply for asylum. Currently, asylum claims are facing delays of several years in Hong Kong, because they are handled by Hong Kong officials in cooperation with the office of the United Nations High Commissioner for Refugees. Nazneen Farooqi, a local protection officer with the United Nations refugee agency, suggested last week, without addressing Mr. Snowden’s case directly, that his case would not be fast-tracked should he go this route, since “we prioritize older cases.” And people who make asylum applications can be held in detention for weeks, months or even longer. |
| Then there is the question of popular pressure in China to protect Mr. Snowden from punishment. In recent weeks, Mr. Snowden’s plight has been seized on by several groups: by Hong Kong’s human rights movement, by pro-Beijing activists attracted to his defiance of the United States, and by those angered by Mr. Snowden’s claims that Hong Kong was itself the target of aggressive American surveillance efforts. | Then there is the question of popular pressure in China to protect Mr. Snowden from punishment. In recent weeks, Mr. Snowden’s plight has been seized on by several groups: by Hong Kong’s human rights movement, by pro-Beijing activists attracted to his defiance of the United States, and by those angered by Mr. Snowden’s claims that Hong Kong was itself the target of aggressive American surveillance efforts. |
| A Hong Kong newspaper, The South China Morning Post, reported late on Saturday additional details of the N.S.A.’s spying on Hong Kong and China, apparently based on an interview with Mr. Snowden on June 12. Mr. Snowden told the newspaper that the N.S.A. had tapped into Chinese mobile phone companies to read millions of text messages, hacked dozens of computers at Beijing’s prestigious Tsinghua University and other computers operated by Pacnet, a major telecommunications company with headquarters in Hong Kong and Singapore. | A Hong Kong newspaper, The South China Morning Post, reported late on Saturday additional details of the N.S.A.’s spying on Hong Kong and China, apparently based on an interview with Mr. Snowden on June 12. Mr. Snowden told the newspaper that the N.S.A. had tapped into Chinese mobile phone companies to read millions of text messages, hacked dozens of computers at Beijing’s prestigious Tsinghua University and other computers operated by Pacnet, a major telecommunications company with headquarters in Hong Kong and Singapore. |
| While there was no independent confirmation of the claims, all the operations described by Mr. Snowden are consistent with the N.S.A.’s aggressive monitoring of foreign communications. And the newspaper’s report could win Mr. Snowden more public support in China and Hong Kong. | While there was no independent confirmation of the claims, all the operations described by Mr. Snowden are consistent with the N.S.A.’s aggressive monitoring of foreign communications. And the newspaper’s report could win Mr. Snowden more public support in China and Hong Kong. |
| Finally, China could apply behind-the-scenes pressure to slow down or block the effort to have Mr. Snowden turned over. Hong Kong enjoys legal autonomy from mainland China, but the Chinese government can intervene in diplomatic and defense matters. | Finally, China could apply behind-the-scenes pressure to slow down or block the effort to have Mr. Snowden turned over. Hong Kong enjoys legal autonomy from mainland China, but the Chinese government can intervene in diplomatic and defense matters. |
| While Chinese officials have steered away from commenting on the specifics of Mr. Snowden’s case, government and news outlets controlled by the Communist Party have been increasingly sympathetic to Mr. Snowden, with an opinion article in the state-run China Daily suggesting Thursday that “Snowden’s crime, if any, pales in comparison with the actions of the U.S. officials who authorized and operated the cyberespionage program.” | While Chinese officials have steered away from commenting on the specifics of Mr. Snowden’s case, government and news outlets controlled by the Communist Party have been increasingly sympathetic to Mr. Snowden, with an opinion article in the state-run China Daily suggesting Thursday that “Snowden’s crime, if any, pales in comparison with the actions of the U.S. officials who authorized and operated the cyberespionage program.” |
| Overwhelming majorities in both parties in Congress appear to support the prosecution of Mr. Snowden. But his revelations have already produced some uncomfortable moments for the administration: a Republican congressman who helped write the Patriot Act, Representative Jim Sensenbrenner of Wisconsin, declared one leaked N.S.A. program “un-American,” and the director of national intelligence, James R. Clapper Jr., was forced to admit that his previous statement to Congress that the agency did not collect records on millions of Americans was untrue. | Overwhelming majorities in both parties in Congress appear to support the prosecution of Mr. Snowden. But his revelations have already produced some uncomfortable moments for the administration: a Republican congressman who helped write the Patriot Act, Representative Jim Sensenbrenner of Wisconsin, declared one leaked N.S.A. program “un-American,” and the director of national intelligence, James R. Clapper Jr., was forced to admit that his previous statement to Congress that the agency did not collect records on millions of Americans was untrue. |
| Mr. Snowden is the seventh person to be accused by the Obama administration of violating the Espionage Act of 1917 by leaking secrets to the news media, compared with three such cases under all previous presidents. And unlike others accused of leaking, Mr. Snowden went public with his own explanation of his actions before he was charged, telling The Guardian that his leaks were an act of conscience intended to give Americans a chance to decide the appropriate limits of spying. He has drawn support from a wide swath of the political left and the libertarian right in the United States. | Mr. Snowden is the seventh person to be accused by the Obama administration of violating the Espionage Act of 1917 by leaking secrets to the news media, compared with three such cases under all previous presidents. And unlike others accused of leaking, Mr. Snowden went public with his own explanation of his actions before he was charged, telling The Guardian that his leaks were an act of conscience intended to give Americans a chance to decide the appropriate limits of spying. He has drawn support from a wide swath of the political left and the libertarian right in the United States. |
| Even if he is silenced by the Hong Kong authorities during a removal battle, his supporters will echo and amplify his claim to have acted in the interest of democracy. Mr. Obama, who said after the leaks surfaced that he welcomed a debate over surveillance programs, will preside symbolically over the pursuit and punishment of the man who started the debate. | Even if he is silenced by the Hong Kong authorities during a removal battle, his supporters will echo and amplify his claim to have acted in the interest of democracy. Mr. Obama, who said after the leaks surfaced that he welcomed a debate over surveillance programs, will preside symbolically over the pursuit and punishment of the man who started the debate. |
| “For better or worse, it’s the president’s prerogative to decide what’s classified and what’s not,” said Stephen I. Vladeck, a law professor at American University. “But it’s reasonable to think that the administration deserves some blame for leaving it to people like Snowden to start a public debate on these issues.” | “For better or worse, it’s the president’s prerogative to decide what’s classified and what’s not,” said Stephen I. Vladeck, a law professor at American University. “But it’s reasonable to think that the administration deserves some blame for leaving it to people like Snowden to start a public debate on these issues.” |
Gerry Mullany reported from Hong Kong, and Scott Shane from Baltimore. Sarah Lyall contributed reporting from London, and Keith Bradsher from Hong Kong. | Gerry Mullany reported from Hong Kong, and Scott Shane from Baltimore. Sarah Lyall contributed reporting from London, and Keith Bradsher from Hong Kong. |