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Chelsea Manning stood trial. Edward Snowden did not.


This has been discussed before. A President can pardon people for crimes they may be charged with in the future.


Yes, but politically, "we dropped her sentence to seven years in jail" is more tenable than "we pardoned someone who never stood trial nor served a day in jail".


So don't pardon Snowden. Commute the charges against him. Like 97% of the cases that go to prosecution in this country, let him plea to a lesser crime and serve a 10 year sentence, minus time served in Russia.


Edit: Sorry, this was rubbish, I was thinking of Assange not Snowden. -- Note that charges (technically, a European Arrest Warrant in order to get him for questioning) against Snowden have not been made by the U.S. but by Sweden, for a suspected rape. So Obama definitely cannot commute them in any way.

There is no extradition request to the U.S., so when fighting an extradition to U.S., Snowden is beating a straw man.


That's Julian Assange, not Edward Snowden.


Sorry. Yes of course. Thanks.


> So don't pardon Snowden. Commute the charges against him.

Commutation is reduction of sentence, it can only happen after conviction.

> Like 97% of the cases that go to prosecution in this country, let him plea to a lesser crime

Is there any indication that Snowden has any interest in pleading guilty to anything?


Valid point. The possibility is real, but the difficulty you highlighted may make it less likely.

Not that there is no precedent of course (Nixon).


The good ole Nixon pardon


Standing trial isn't a prerequisite for a pardon. Nixon never stood trial either.


It is not a prerequisite for a pardon, but it does serve the government's interests.

Pre-emptively pardoning Snowden before he spends a day in prison sends the signal that the government isn't going to punish people for leaking, so go right ahead.

Commuting Manning's sentence after seven years still leaves a pretty harsh warning for future leakers (is leaking that information worth seven years of your life?) while showing a degree of mercy to the individual (I mean, not the degree of mercy that commuting after 2 or 3 or 6 years would be...).

Regardless of what you think Obama's secret inner beliefs and motivations are, I think it is reasonable to assume that as Commander in Chief and President of the United States he wants the people he entrusts with secrets to keep keeping them.




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