No, Edward Snowden probably didn’t commit treason

[xchrom]

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/12/no-edward-snowden-probably-didnt-commit-treason/


Jefferson Davis stole a bunch of states and waged war on the other ones for four years, and even he wasn’t convicted of treason! (U.S. Senate Historical Office)


''I don’t look at this as being a whistleblower. I think it’s an act of treason.” — Senate Intelligence Committee chair Dianne Feinstein (D-Calif.).

“An act of treason.” — Sen. Bill Nelson (D-Fla.).

“He’s a traitor.” – House Speaker John Boehner (R-Oh.).

As Scott Bomboy of the National Constitution Center — a nonpartisan organization and museum in Philadelphia — notes, Article Three, Section Three of the Constitution defines treason as follows:

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”

Carlton Larson, a law professor at UC-Davis, explains that this sets up two avenues for treason prosecutions. One is the “aid and comfort” path, wherein somebody aiding a country waging war on the U.S. can be charged, and the other is the “levying war” path, wherein one is charged for actively waging war against the United States, or an individual state.

For example, John Brown, the abolitionist revolutionary who staged the raid on Harpers Ferry, was convicted of treason against the state of Virginia, not against the United States. Aaron Burr, Thomas Jefferson’s first vice president, was later prosecuted by the Jefferson administration for treason for allegedly assembling forces to create an independent country in the center of North America, encompassing some Western states as well as Mexican territory. Both of those were “levying war” prosecutions.
It seems obvious that Snowden’s actions don’t qualify as levying war against the U.S. “All the levying war cases require an assemblage of men and force,” Larson explains. “I’ve never heard of a levying war prosecution that was just about releasing some documents.”

[geckosfeet]

1. Have to agree based on grounds of the legal definition.

But this guy will have a rough road to travel going forward. Someone in the bowels of some security agency will cook up some charges to have him extradited on. They will chase him around forever unless perhaps a congressional or presidential pardon comes along. (Not holding breath)

[snappyturtle]

5. Is outing a problem betrayal? nt

[randome]

3. He committed 'idiocy'. That's worse, IMO.

Making allegations without evidence then hiding out in Hong Kong.

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[font color="blue"][center]Stop looking for heroes. BE one.[/center][/font]
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[sibelian]

13. You're "allowed" to attack whatever you like.

It's just that it might not work.

[rhett o rick]

14. Yes, some would much rather live in the comfortable darkness of strict authoritarian rule.

Clapper is a Bush Republican.

[Marblehead]

4. the ones violating the 4th amendment

are traitors

[cali]

8. respond with non sequiturs

[WillyT]

9. K & R !!!

[Demeter]

10. Good morning, X!

Caught yourself some mighty big flies, there!

Snowden (if anything) revealed the treason of those who abuse the power that the People gave them, and the treason of those they hired to do the dirty work. This fish started rotting from the head.

[xchrom]

11. morning, miss demeter!

[backscatter712]

12. I'd call the NSA traitors.

They betrayed our country's core values, as enshrined in the Bill of Rights, especially the 4th Amendment.

[rhett o rick]

15. Persecution of whistle-blowers is a trait of authoritarians. No one gets to look behind the curtain

in an authoritarian state. Democracy demands transparency.

[ProSense]

16. He probably didn't

"No, Edward Snowden probably didn’t commit treason"

..."commit treason," but this isn't going to help is case.

(Snowden)...Showed Hong Kong Newspaper Documents Revealing US Hacking Attacks On China (updated 2x)
http://www.democraticunderground.com/10023001669

The OP piece was written before that revelation.