Edward Snowden won't (and shouldn't) get clemency

The New Yorker’s Amy Davidson, who has called on Obama to “pardon” Snowden, cited Jimmy Carter’s pardoning of Vietnam-era draft dodgers as “a useful parallel when thinking about Snowden’s legal situation.” This suggestion is mind-boggling on several levels. Among other things, Snowden signed an oath, as a condition of his employment as an NSA contractor, not to disclose classified information, and knew the penalties for violating the oath. The young men who evaded the draft, either by fleeing to Canada or serving jail terms, did so in order to avoid taking an oath to fight a war that they opposed—a war that was over, and widely reviled, by the time that Carter pardoned them.

There are no such extenuating circumstances favoring forgiveness of Snowden. The Times editorial paints an incomplete picture when it claims that he “stole a trove of highly classified documents after he became disillusioned with the agency’s voraciousness.” In fact, as Snowden himself told the South China Morning Post, he took his job as an NSA contractor, with Booz Allen Hamilton, because he knew that his position would grant him “access to lists of machines all over the world [that] the NSA hacked.” He stayed there for just three months, enough to do what he came to do.