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U.S Attorney General letter to Russia re Edward Snowden

Jul 26th, 2013
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  1. Department Of Justice. Office of the Attorney General
  2. Washington D.C 20530
  3. July 23, 2013
  4.  
  5.  
  6. His Excellency Alexander Vladimirovich Konovalov
  7. Minister of Justice
  8. The Russian Federation
  9. 14 Zhitnaya Ulitsa
  10. Moscow 119991
  11. Russia
  12.  
  13.  
  14. Dear Mr. Minister:
  15. I am writing concerning Title the current status of Edward Snowden. As you know, Mr.
  16. Snowden has been charged with theft of government property(in violation of Title 18, U.ited
  17. States Code, Section
  18. 641), unauthorised communication of national defence information(in
  19. violation of Title 18, United Stas Code,Section 793(d),and willful communication of
  20. classified communications intelligence information to an unauthorised person(in violation of
  21. Title 18, United States Code, Section 798(a)(3)). According to news reports and information
  22. provided by your government, Mr. Snowden is currently in the transit zone of the Sheremetyevo
  23. Airport.
  24.  
  25. We understand from press reports and prior conventions between our governments that
  26. Mr. Snowden believes that he is unable to travel out of Russia and must therefore take steps to
  27. legalize his status. This is not accurate; he is able to travel. Despite the revocation of his
  28. passport on June 22,2013, Mr. Snowden remains a U.S citizen. He is eligible for a limited
  29. validity passport good for direct return to the United States. The United States is willing to
  30. immediately issue such a passport to Mr. Snowden.
  31.  
  32. We also understand from press reports that Mr. Snowden has filed papers seeking
  33. temporary asylum in Russia on the grounds that if he returned to the United States, he
  34. would be tortured and would face the death penalty. These claims are entirely without
  35. merit. Nonetheless, I can report that the United States is prepared to provide the Russian
  36. government the following assurances regarding the treatment Mr. Snowden would face upon
  37. return to the United States :
  38.  
  39. First , the United States would not seek the death penalty for Mr. Snowden should he
  40. return to the United States. The charges he faces do not carry that possibility, and the United
  41. States would not seek the death penalty even if Mr. Snowden were charged with additional,
  42. death penalty-eligible crimes.
  43.  
  44. Second, Mr. Snowden will not be tortured. Torture is unlawful in the United States. If
  45. he returns to the United States, Mr. Snowden would promptly be brought before a civilian court
  46. convened under Article 111 of the United States Constitution and supervised by a United States
  47. District Judge. Mr. Snowden would receive all the protections that United States law provides to
  48. persons charged with Federal Criminal Offenses in Article 111 courts. In particular, Mr. Snowden
  49. would be appointed ( or, if he so chose, could retain) counsel. Any questioning of Mr. Snowden
  50. could be conducted only with his consent: his participation would be entirely voluntary,and his
  51. legal counsel would be present should he so wish it. Mr . Snowden would have the right ti a public
  52. jury trial; he would have the right to testify if he wished to do so;and the United States would
  53. have to prove his guilt beyond a reasonable doubt to a unanimous jury. If convicted, Mr.
  54. Snowden would have the right to appeal to the United States Court of Appeals.
  55.  
  56. We believe that these assurances eliminate these asserted grounds for Mr. Snowden's
  57. claim that he should be treated as a refugee or granted asylum, temporary or otherwise. Please
  58. ensure that this letter reaches the head minister for the Federal Migration Service, aswell as any
  59. other Russian Federation agency responsible for receiving a.d considering Mr. Snowden's
  60. application for asylum.
  61.  
  62.  
  63. Sincerely.
  64. Eric H . Holder, Jr
  65. Attorney General
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