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- Department Of Justice. 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 Title the current status of Edward Snowden. As you know, Mr.
- Snowden has been charged with theft of government property(in violation of Title 18, U.ited
- States Code, Section
- 641), unauthorised communication of national defence information(in
- violation of Title 18, United Stas Code,Section 793(d),and willful communication of
- classified communications intelligence information to an unauthorised 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 conventions 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. This 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 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 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.
- Second, Mr. Snowden will not be tortured. Torture is unlawful in the United States. If
- he returns to the United States, Mr. Snowden would promptly be brought before a civilian court
- convened under Article 111 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 111 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 so wish it. Mr . Snowden would have the right ti 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, aswell as any
- other Russian Federation agency responsible for receiving a.d considering Mr. Snowden's
- application for asylum.
- Sincerely.
- Eric H . Holder, Jr
- Attorney General
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