Snowden

Snowden Lies about Outreach about a Pardon and Puts a Target on Daniel Everette Hale’s Back

I’m going to make three observations about this Edward Snowden interview, to mark it.

The interview was filmed live, Friday night US time, September 11, as the other clip indicates.

In it, Snowden repeatedly and categorically denied any outreach to the US government for a pardon.

Williams: Have you had any contact with the Administration. Did you initiate any? Have they initiated any? Have you sought a pardon from the United States?

Snowden: I have not. And this is something people have actually forgotten. There was a pardon campaign back during the Obama Administration. But I at no point actually asked for pardon myself. It was tremendously gratifying to have this level of support. But as I said, my condition for return is simply a fair trial. Now we didn’t see the Obama Administration talking about a pardon in this way and I think Trump has commented again since then that he thought treatment was very unfair, or could be. And there’s been a lot of speculation that’s come from this. But there’s been no contact. I was as surprised as anyone else to see this. But it’s very interesting to see this President thinking pardoning what a lot of people would consider [laughs] one of the big names in this new war on whistleblowers. And that’s something that we should all support seeing come to an end.

Williams: So no representative for you has done any outreach. No representative for you or you yourself has heard anything from the White House, the Administration, any government types?

Snowden: No. By hook or by crook, there’s been nothing. No contact, anything like that. I think [laughs] if that were happening, it would be certainly news that we would hear through other channels.

Williams: Let’s use plain English. The price for pardons appears to be lavish praise for this President after the fact. Is that something you’re willing to do?

Snowden: Certainly not. I don’t think a pardon is — or should be — conditioned on anything. When you look at the pardon power, it’s constitutionally derived. It’s Article II Section 2. A pardon is not a contract. A pardon is not something that you accept or reject. And it certainly shouldn’t be used as a political tool. And this is why, while I haven’t asked for pardon from the President, I will ask for A Pardon for others. When I mentioned the war on whistleblowers, this is an ongoing and continuing thing. The reason pardon is even being considered, even being debated, the fact that comments from the Attorney General are even hitting the news are because everyone who has followed these cases know, being charged under the Espionage Act as a whistleblower means no fair trial is permitted. And there are people in the United States today, serving time in prison for doing the right thing. And this is why we should see Donald Trump — or any President — end the war on whistleblowers. He should pardon Reality Winner for trying to expose election interference. He should pardon Daniel Hale for revealing abuses in the drone program. Or Terry Albury for trying to expose systemic racism within the FBI. And these are all people who are deserving of pardon. But this, when we look at pardon, pardon is intended to ameliorate unfairness, to fix fundamental flaws in our system of laws or the way they’re being applied. And there’s nowhere this is more clear right now than in the prosecution of whistleblowers under the Espionage Act.

It is, of course, a blatant lie that there has been no outreach.

Just hours earlier (I think about three?), Glenn Greenwald went onto Tucker Carlson’s show — a show that has repeatedly served as a platform for people to pitch pardons — and argued that Trump should pardon Snowden and Julian Assange. Though Glenn had promised he would be talking about journalism, he instead pitched the pardon as a good way for Trump to stick it to the Deep State. Glenn’s pitch was not only premeditated (it had been rescheduled days earlier), but it was delivered to fit Tucker’s 3 minute time slot.

So Glenn lied about defending journalism (rather than just damaging the Deep State), and Snowden lied about there being no outreach. Snowden also, in the other clip, lied about Putin taking no interest in him.

There was one truth told. When Snowden said, “if that [outreach about a pardon] were happening, it would be certainly news that we would hear through other channels,” he was effectively telling the truth. This was news on another channel: Glenn Greenwald, appearing on Fox News, just hours earlier, pitched Trump on a pardon.

Snowden, in turn, suggested that Trump was thinking of ending the “war on whistleblowers” and — at a time when Trump is ending the careers of people who make legal whistleblowing claims upholding democracy, with glee — claimed that there is no place where unfairness is more clear than the prosecution of whistleblowers under the Espionage Act.

I’ll spot Snowden that one for his own self-interest.

Then Snowden calls for a pardon for three others he suggests are serving time in prison. Reality Winner and Terry Albury are serving time. But Daniel Hale is not. He’s out on bail awaiting trial. In other words, Snowden is actually just calling to pardon everyone who leaked to The Intercept.

In fact, unless Trump decides to pardon Hale, who doesn’t have anyone lobbying him on Tucker Carlson’s show, Snowden just made Hale’s life worse.

That’s because the government believes that Hale was “inspired” by Snowden.

Moreover, as argued in more detail in Defendant’s Reply in support of his Motion to Dismiss for Selective or Vindictive Prosecution (filed provisionally as classified), it appears that arbitrary enforcement – one of the risks of a vague criminal prohibition – is exactly what occurred here. Specifically, the FBI repeatedly characterized its investigation in this case as an attempt to identify leakers who had been “inspired” by a specific individual – one whose activity was designed to criticize the government by shedding light on perceived illegalities on the part of the Intelligence Community. In approximately the same timeframe, other leakers reportedly divulged classified information to make the government look good – by, for example, unlawfully divulging classified information about the search for Osama Bin Laden to the makers of the film Zero Dark Thirty, resulting in two separate Inspector General investigations.3 Yet the investigation in this case was not described as a search for leakers generally, or as a search for leakers who tried to glorify the work of the Intelligence Community. Rather, it was described as a search for those who disclosed classified information because they had been “inspired” to divulge improprieties in the intelligence community.

That is, Snowden — who with WikiLeaks’ Sarah Harrison made sure to avoid capture so he could be an inspiration to others to follow — effectively just confirmed what the government has only alleged, and in secret, that there is a tie between him and Hale. In so doing, he has also confirmed an allegation in the superseding Assange indictment.

Between them, Snowden and Glenn are feigning that Trump would pardon anyone out of any concern for journalism or whistleblowing. Both claims are utterly absurd.

And in so doing, they’re going to make sure that any pardon Snowden gets is not because Trump cares about journalism or even wants to rein in spying (he has done the opposite, on both counts), but is done exclusively in the name of damaging the Deep State.

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26 replies
  1. earlofhuntingdon says:

    Snowden and Glenn are feigning that Trump would pardon anyone out of any concern for journalism or whistleblowing. Both claims are utterly absurd.

    Absurd is an understatement. Is there anyone in public life who hates good journalism and whistleblowers – and those who breach their NDAs – more than Donald J. Trump? He reacts to them as if the perpetrator had violated a blood oath and talked to the feds about the don. He dreams of sending their families dead fish.

    That means GG is working toward one-off special treatment for his contacts at the expense of journalism and whistleblowers – and to protect Donald Trump. The cynicism is shocking.

  2. SteveL says:

    Typo, Marcy-

    You need to separate out Snowden’s long final response from Williams’ last question that you include

  3. klynn says:

    “And in so doing, they’re going to make sure that any pardon Snowden gets is not because Trump cares about journalism or even wants to rein in spying (he has done the opposite, on both counts), but it is done exclusively in the name of damaging the Deep State.“

    The most important observation. Who wins the most with this outcome? Putin.

  4. Oxcart says:

    Snowden applied for a three year extension to his residence permit in March. It expired at the end of April and he was granted an extension until mid-June, with final judgment of his request for an extension to come “later.” This was reported by Tass on May 30. His permit was extended once more, set to expire on September 15, today. The GG and Snowden public appeals happened on the 11th. Thanks for marking that. Wouldn’t want to be either one of them today, especially not Snowden.

  5. Troutwaxer says:

    I think the claim that Snowden lied is conditional on three issues you haven’t discussed. First, that Snowden is still keeping track of whatever Greenwald is up to these days. Is there proof that they are currently working together? Second, is pitching a pardon on Tucker Carlson’s show the same as requesting a pardon from the president? It seems possible that Snowden is talking about direct contacts with the White House, and there could well have been no contacts with the White House (that Snowden knows about) even as Greenwald was on the Tucker Carlson show. Third, would Snowden know three hours later that Greenwald was talking about him on TV? It seems unlikely that he wouldn’t know, but it’s certainly not impossible, particularly given that Carlson comes on at 8:00 Eastern Time, which is 3:00 am in Moscow…

    I don’t care much what Snowden is up to – I simultaneously like what he did but don’t like him personally – but I don’t think you’ve completely connected the dots here. Generally I’m very grateful for your work and read your site regularly, but this story doesn’t seem very newsworthy.

    • bmaz says:

      I think the claim that Snowden lied is conditional on three issues you haven’t discussed. First, that Snowden is still keeping track of whatever Greenwald is up to these days. Is there proof that they are currently working together?

      Yes, and that is crystal clear.

      Second, is pitching a pardon on Tucker Carlson’s show the same as requesting a pardon from the president?

      Yes, it actually is.

      It seems possible that Snowden is talking about direct contacts with the White House, and there could well have been no contacts with the White House (that Snowden knows about) even as Greenwald was on the Tucker Carlson show.

      Bullshit, it is a coordinated campaign.

      Third, would Snowden know three hours later that Greenwald was talking about him on TV? It seems unlikely that he wouldn’t know, but it’s certainly not impossible, particularly given that Carlson comes on at 8:00 Eastern Time, which is 3:00 am in Moscow…

      Yes, he would. As before, it is a coordinated campaign.

      • Troutwaxer says:

        If that’s the case, I’m not seeing any indication in this story. (I started reading Emptywheel long after the Snowden story broke, so I may not be fully up-to-date.)

      • earlofhuntingdon says:

        Thanks. Nice summary response. This is personal, not programmatic for these guys. It certainly has nothing to do with matters of principle.

        • emptywheel says:

          Glenn has been lobbying for a Snowden pardon for some time, publicly. I have every reason to believe Snowden still follows me on Twitter, much less follows Glenn.

          I’ll add that multiple people in these circles have themselves talked about pitching Trump for a pardon on these TV programs.

    • Skilly says:

      Well stated Sir! I was thinking the same thing. The article did not provide any support for a position that it is a coordinated effort with GG for a pardon. I watched that interview live and at the time, Snowden said, “But I at no point actually asked for pardon myself.” I do not recall the actual time the interview occurred but I am mindful of a 7 hour difference in time zones between Moscow and New York. and the still shot shows a time of 6:27 am, meaning that three hours prior (when GG presumable made his pitch) would have been 3:30 am. I have no facts that suggest Snowden would have been awake or aware of that GG pitch. It seems a bit harsh to call the man a liar on that set of assumptions. It may have been a lie. I just do not know, but I do know that the basis presented here seems to be lacking in its effort to connect the dots.
      What I do know is the Marcy writes well with precision and logic. This particular post is not consistent with her normal essays.

      OK, bring on the BMAZ

      • earlofhuntingdon says:

        It’s not much of a stretch to distinguish between Snowden’s careful, “But I at no point actually asked for pardon myself,” and having someone do it for you. Like, having GG appear on the only TV Donald Trump watches, suggesting that good things should happen to Julian Assange and Edward Snowden. We’re talking about Washington, DC, not Mayberry, NC.

  6. Surfer2099 says:

    Greenwald actually has an axe to grind with the “Deep State” as he puts it. The USG (most likely) had the UK detain his partner a few years ago.

    https://www.theguardian.com/world/2014/feb/19/david-miranda-detention-lawful-court-glenn-greenwald

    Greenwald has what I would call a mini-God Complex. He paints the picture he sees and then cannot accept new information from sources, especially ones he doesn’t like or has a mixed background. He’s convinced of his ‘rightness’ in every situation. The best example of this is Trump/Russia.

    Funny thing about GG these days is that he holds up the Meuller report as some sort of beacon of truth after spending literally years telling his readers not to trust anything the comes from the mouth of the USG.

  7. Savage Librarian says:

    Nice work, Marcy. Assange, Greenwald, Snowden: if they cared so much about freedom of the press, journalism, and whistleblowers then where is their support and compassion for Navalny? Let’s hear their support for him. C’mon guys, whatcha got?

    • soothsayer says:

      Taking all aggregate facts into account, I like to think of this as a “tell”.

      Tell (poker) – Wikipedia
      A tell in poker is a change in a player’s behavior or demeanor that is claimed by some to give clues to that player’s assessment of their hand. A player gains an advantage if they observe and understand the meaning of another player’s tell, particularly if the tell is unconscious and reliable.

      Seemingly small, but additively, possibly indicative.

  8. soothsayer says:

    I have been trying to share a related news item from Reuters about “Assange lawyer says she saw Trump ally offer to arrange pardon”, but my post keeps getting deleted. Is anyone else having similar issues at the moment?

  9. Worried says:

    As far as I can see on Twitter, Snowden has 4 million plus followers, but only follows one Twitter account: NSA/CSS.
    Maybe a lot of things related to him are subject to outside manipulation.

    I wonder if anyone has a higher ratio…….

    Followed GG for years. His current motivation looks like a feeling of schadenfreude over anything that makes the US government look bad.

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