Those of us who support Edward Snowden's efforts to expose the unconstitutional surveillance excesses of our modern national security state cannot help but lament that he didn't plan on finding a good safe haven before making his revelations. So events have landed him in authoritarian Russia which is nevertheless a far better place for him to stay (for the time being) than incommunicado in a jail cell here in the land of the free.
… when I surrendered to arrest in Boston, having given out my last copies of the papers the night before, I was released on personal recognizance bond the same day. Later, when my charges were increased from the original three counts to 12, carrying a possible 115-year sentence, my bond was increased to $50,000. But for the whole two years I was under indictment, I was free to speak to the media and at rallies and public lectures. I was, after all, part of a movement against an ongoing war. Helping to end that war was my preeminent concern. I couldn't have done that abroad, and leaving the country never entered my mind.
There is no chance that experience could be reproduced today, let alone that a trial could be terminated by the revelation of White House actions against a defendant that were clearly criminal in Richard Nixon's era — and figured in his resignation in the face of impeachment — but are today all regarded as legal (including an attempt to "incapacitate me totally").
I hope Snowden's revelations will spark a movement to rescue our democracy, but he could not be part of that movement had he stayed here. There is zero chance that he would be allowed out on bail if he returned now and close to no chance that, had he not left the country, he would have been granted bail. Instead, he would be in a prison cell like Bradley Manning, incommunicado.
He would almost certainly be confined in total isolation, even longer than the more than eight months Manning suffered during his three years of imprisonment before his trial began recently. (emphasis added) The United Nations Special Rapporteur for Torture described Manning's conditions as "cruel, inhuman and degrading." (That realistic prospect, by itself, is grounds for most countries granting Snowden asylum, if they could withstand bullying and bribery from the United States.)
Snowden believes that he has done nothing wrong. I agree wholeheartedly. More than 40 years after my unauthorized disclosure of the Pentagon Papers, such leaks remain the lifeblood of a free press and our republic. One lesson of the Pentagon Papers and Snowden's leaks is simple: secrecy corrupts, just as power corrupts.
Ellsberg is entirely correct. Here's hoping that some more liberal country—here's looking at you, Iceland—will stand up to the United States and offer Snowden asylum until we come back to our senses and dismantle the national security state.
