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Current law does not allow him to raise the defense of whistleblowing at trial. This is ironclad precedent and won't be overturned without a new law being passe
by mamurphy 6y ago
Current law does not allow him to raise the defense of whistleblowing at trial. This is ironclad precedent and won't be overturned without a new law being passed or the prosecution agreeing to it.
The government would get to tell the jury he gave away XYZ classified documents, and he would not be allowed to even mention why and would have no chance of getting that overturned on appeal.
Snowden has said he will come back and stand trial if he is allowed to raise whistleblowing as a defense. The government has not taken him up on that offer.
edit: First source google had to offer: https://whistleblower.org/in-the-news/wsj-op-ed-why-edward-snowden-wouldnt-get-a-fair-trial/ https://whistleblower.org/in-the-news/wsj-op-ed-why-edward-s...
Excerpt:
>[M]embers of Congress, journalists and advocacy groups keep repeating the same argument: Mr. Snowden should turn himself in, mount a solid defense and all will be righted at trial.
That’s a fantasy. I served as legal adviser to two high-profile whistleblowers between 2010 and 2013, former NSA senior executive Thomas Drake and former CIA officer John Kiriakou, both charged with espionage. I also witnessed last year’s court-martial of U.S. Army Pfc. Bradley Manning (now known as Chelsea Manning), who faced charges of espionage and aiding the enemy. Here’s a run-through, to the extent that I am allowed to offer, of how such a shadowy proceeding would unfold.