The Full Text of AG Holder's Letter to Justice Minister Konovalov

[xocet]

Last edited Fri Jul 26, 2013, 05:53 PM - Edit history (1)

[hr]Office of the Attorney General
Washington, D. C. 20530


July 23, 2013


His Excellency Alexander Vladimirovich Konovalov
Minister of Justice
The Russian Federation
14 Zhitnaya Ulitsa
Moscow 119991
Russia


Dear Mr. Minister:


I am writing concerning the current status of Edward Snowden. As you know, Mr.
Snowden has been charged with theft of government property (in violation of Title 18, United
States Code, Section 641), unauthorized communication of national defense information (in
violation of Title 18, United States Code, Section 793(d)), and willful communication of
classified communications intelligence information to an unauthorized person (in violation of
Title 18, United States Code, Section 798(a)(3)). According to news reports and information
provided by your government, Mr. Snowden is currently in the transit zone of the Sheremetyevo
Airport.


We understand from press reports and prior conversations between our governments that
Mr. Snowden believes that he is unable to travel out of Russia and must therefore take steps to
legalize his status. That is not accurate; he is able to travel. Despite the revocation of his
passport on June 22, 2013, Mr. Snowden remains a U.S. citizen. He is eligible for a limited
validity passport good for direct return to the United States. The United States is willing to
immediately issue such a passport to Mr. Snowden.


We also understand from press reports that Mr. Snowden has filed papers seeking
temporary asylum in Russia on the grounds that if he were returned to the United States, he
would be tortured and would face the death penalty. These claims are entirely without
merit. Nonetheless, I can report that the United States is prepared to provide to the Russian
government the following assurances regarding the treatment Mr. Snowden would face upon
return to the United States:


First, the United States would not seek the death penalty for Mr. Snowden should he
return to the United States. The charges he faces do not carry that possibility, and the United
States would not seek the death penalty even if Mr. Snowden were charged with additional
death penalty-eligible crimes.





[hr]His Excellency Alexander Vladimirovich Konovalov
Page 2





Second, Mr. Snowden will not be tortured. Torture is unlawful in the United Stales. If
he returns to the United States, Mr. Snowden would promptly be brought before a civilian court
convened under Article III of the United States Constitution and supervised by a United States
District Judge. Mr. Snowden would receive all the protections that United States law provides to
persons charged with federal criminal offenses in Article III courts. In particular, Mr. Snowden
would be appointed (or, if he so chose, could retain) counsel. Any questioning of Mr. Snowden
could be conducted only with his consent: his participation would be entirely voluntary, and his
legal counsel would be present should he wish it. Mr. Snowden would have the right to a public
jury trial: he would have the right to testify if he wished to do so; and the United States would
have to prove his guilt beyond a reasonable doubt to a unanimous jury. If convicted, Mr.
Snowden would have the right to appeal to the United States Court of Appeals.


We believe that these assurances eliminate these asserted grounds for Mr. Snowden's
claim that he should be treated as a refugee or granted asylum, temporary or otherwise. Please
ensure that this letter reaches the head minister for the Federal Migration Service, as well as any
other Russian Federation agency responsible for receiving and considering Mr. Snowden's
application for asylum.



Sincerely,



Eric H. Holder, Jr.
Attorney General



[hr]Source (http://www.scribd.com/doc/156173271/Letter-from-Eric-Holder-to-Russian-Minister-of-Justice)

It is interesting to contrast this letter with the original Obama-Biden website promise that whistleblowers would be protected:

Sunday, November 16, 2008 | 65 Days Until Inauguration

CHANGE.GOV
OFFICE OF THE PRESIDENT ELECT[hr]

Agenda Ethics[hr]

"I am in this race to tell the corporate lobbyists that their days of setting the agenda in Washington are over. I have done more than any other candidate in this race to take on lobbyists — and won. They have not funded my campaign, they will not run my White House, and they will not drown out the voices of the American people when I am president."

-- Barack Obama, Speech in Des Moines, IA
November 10, 2007

The Obama-Biden Plan

Barack Obama has led efforts to reform government both in the Illinois State Senate and in the United States Senate. He will bring this commitment to making government work for the people, not the special interests, to the White House. Obama will ensure Washington works for the people, not the special interests.

...

Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.

...

http://web.archive.org/web/20081116143814/http://change.gov/agenda/ethics_agenda/

[Solly Mack]

1. Thank you for posting.

[xocet]

3. You are welcome. I like original documents if they are out there to be found. n/t

[Catherina]

2. And the response to his lame letter was

NYET

But this White House is tone deaf. The only one who listens to us is the NSA.

Publishing this letter in the US press is just more lame PR. The Russian pressed talked about it days ago and the Kremlin's spokesman repeated their NO yesterday. So what does the US do? It publishes this lame letter in the press lol as if Russia will respond to bullying by media.

[xocet]

4. True. Thanks for that link - I had not seen the story yet and did not know that RT had covered it.

n/t