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Couple of hours ago this week and we have been telling you the Obama administration.
Had promised a full investigation into the NSA weeks.
Now that someone has come forward what happens next.
Fox News senior judicial analyst judge Andrew Pollack Hanna joins me now by phone -- with us.
Yet but hammer.
First of all -- -- -- is blowing the whistle although some people are not going to call him a whistle blower let's start there and then talk about what protection he could happen.
Well for him do they have to qualify at the whistle -- he would need to demonstrate that behavior of the government.
Behavior on on which she blew it was all.
Was either illegal or unconstitutional.
Now audit state.
On that basis was lost all I'd -- -- say that if I haven't seen that document but the government what the court.
Because -- speaker but that's based the government of the procedure went to court that authorized -- warrant of this nature.
Contrary to that however is that he expressed language -- the Fourth Amendment of the constitution.
Which was written to prohibit the -- boat fishing expedition.
That the government in case things here but -- really -- statute that on -- eight.
Support the government language in the constitution that on its -- support the whistle blower.
Meanwhile he's in Hong Kong and and what he said in part of that television interview which we have transcripts.
Is that he's hoping that a country that recognizes free speech will give him asylum has he found such a place where he has now.
Good lord god in China but.
China of course is one of the most repressive.
Regimes on the planet although Hong Kong.
Is that unique.
Part of China.
But on Condit governed by China and that China and the United States have an extradition treaty but because it's China.
The decision to expedite it will be political as well as -- We stated differently if the Chinese Government wants to cooperate.
With the Obama administration mr.
-- will be on -- plane -- in a US marshals.
Editor for Los Angeles probably the -- end of the week and on the other hand if the Chinese Government does not want to cooperate or what ever read that.
They'll find ways to resist -- may have found as they say it.
Charges against him should they extradite him.
I mean the government will claim that he and -- and espionage.
But he -- aided the enemy and seriously.
Harm that it government programs intended to protect the national security of the country.
If defense will be that -- of the government into unconstitutionally.
But officials lied about it under oath that they get people have a right develop -- -- -- -- -- -- -- politically.
Interest saying you know you're talking about something that might be more political -- legal as you look at whether or not he would be extradited.
We know that the president and and the leader of China we're just here.
-- together for the last week he's since left which you have to wonder if that would play a part in any decision to extradite this person.
Yes that means there is that -- president.
That China and the president of the United States.
So he's dead in the past 24 hours that the countries have improved relationship as a result of the weekend.
That they spent together and China of course is not a democracy.
The way the United States is president of China.
If not the most powerful person -- a most problems first -- at a Chinese Communist Party the two of them are.
-- -- And I think that they will look collaborator their decision about whether or not -- then.
There's just so here what does not have to wonder however Harris you if the president of China knew this was.
Scott thank you when he was talking to President Obama in California and the best -- day.
Yeah interesting timing you know a lot of Americans.
I didn't judge and have been saying on blogs and in social pages online tonight has the story is breaking.
They feel Snowden as somewhat of a hero for telling the public the feds have been monitoring millions of us through cell phone data.
Is that a defense possibly for him.
Well the fact that people think he's the hero what would not be -- -- what would be -- -- it would figure his lawyers can.
Can demonstrate that the government behavior.
Was so wide of the mark of American values.
So contrary to the constitution.
But he took an oath to uphold and that that Barack Obama but I don't don't -- -- -- that admiral Clark Kerr who's the director of national doesn't have enough to I don't -- both.
That he should be accorded the protection.
The whistle blower well before I let him like that many people is here on my that the government -- criminal.
Before I let you go I want you to hear a little bit of that interview and I say here because you're on a cell phones he won't be able to see it.
But it really speaks to the issue of just how much risk.
That Snowden acknowledges that he's taken.
-- That's fear live under for the rest of my life however long that happens to me.
You can't come forward against the world's most powerful intelligence agencies.
And be completely free from risk because -- such powerful adversaries than that no one can meaningfully oppose them.
Judge she said at one point he -- wife real quickly melodramatic.
I don't think you -- -- -- -- -- that could be it could be arrested and that I haven't played but at least -- back.
Judge and the -- had a breaking it down for -- legally has the story is breaking news tonight we appreciate your perspective on this judge thank you.
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