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-- back now to -- top stories the White House refusing comment moments ago when asked about NSA leaker -- Snowden and whether he is a traitor.
Earlier today house speaker John Boehner was much less reluctant to weigh in on that matter.
There's a -- the disclosure of this information.
Puts Americans at risk.
Our adversaries what are capable -- are down.
It's a giant violation of the law.
Joining me now judge entered a Molotov senior judicial analyst not just a violation of -- giant violation of the law well I can understand that that he's upset and wants to make -- a political point.
I do not think it is treason coming it it it certainly is a violation of his commitment to his employer and to the government.
To retain a secret with which he wasn't trusted now he has moral arguments.
And some of us applaud those arguments I don't know that a judge would let him make those moral arguments in court I don't know that.
I did it because they government needed to be exposed I did it because the government was hiding an important secret.
Is a defense.
To the violation of the post that -- something he's using to try to persuade somebody like Eric Holder not to come after you in the first place correct correct his lawyers may make they may be making that argument even as we speak or shortly will be making it.
On the other hand treason.
Is is the only crime for which the government can seek -- death penalty where the defendant hasn't caused -- death when his own hands there's only been seven.
Successful treason prosecutions in the history of the United States of America.
And they usually involve treason at the height of wartime which results and the frustration.
Of the movement of troops a classic example was Tokyo rose.
Was eventually pardoned by president Ford years later but Tokyo rose during World War II terrifying.
Troops in the Pacific into thinking that the Japanese were behind every tree.
But you've got John Boehner suggesting he's guilty of treason and senator Dianne Feinstein well there's is that senate Intel -- the again strange bedfellows on this case -- -- this is a bipartisan.
Use of that word now.
-- treason is the only crime defined in the constitution.
The framers to find it in the constitution because that was the favorite of British kings to eliminate their opponents by eight by -- accused in the trees.
Thomas Moore was convicted of treason for refusing to acknowledge that king was the head of the church on earth so they would -- treason to mean.
Waging war on the United States of America.
Or providing aid and comfort to their enemies the following -- is not in there but is usually read in there.
During -- time meaning and in a violent way or in an act of violence.
Treason requires -- the testimony of two independent witnesses to the same overt act.
Or a confession by the defendant in the courtroom not in another forum.
That's one of the reasons so few people they're really -- are -- because it's very very difficult to pro.
What could they charged with and I know that you you would you like what.
You know he did you you know you -- -- -- you talk about strange bedfellows you have Dennis Kucinich and Rand Paul.
You have Dianne Feinstein and John Boehner.
You have bill O Reilly and Jackson -- -- -- this guy Snowden.
An American hero.
-- here's what he probably.
Will be charged with espionage.
Knowingly giving information to the enemy that falls short of treason but doesn't -- have to be -- with a -- with the intent of harming the united yes and that's their -- of -- but I think they'll charge -- with that because as you know one I know from -- -- in the courtroom the government always over charges it charges for more than it thinks it can prove.
So that a guilty plea for a jury verdict will be -- yet where -- How does that play into this that you got it up if he was 58% of the people according to Rasmussen polar against with this guy did.
But that still leaves a healthy portion of America that is in favor what this guy did you get millions of Americans don't wanna -- in charge and certainly don't want to see him go to jail and -- and -- I don't think that public opinion would be taken -- into account by the Justice Department but I also don't think that this Justice Department will be doing the prosecution.
Because this is not something that's going to happen tomorrow it will probably be on the watch of what whoever succeeds Barack Obama -- -- to point to take that long yes I do think seller right now we don't even know where he is correct correct you're gonna have a lot of flat out all the Idaho captions you're gonna have an international treaty implications -- -- -- political implications especially if he's somewhere in China have -- a country that wishes -- -- I can't let you go without asking because you came out here you commented on my discussion with Brett and you were amazed by that to buy that clapper -- that crap clapper sound -- Where -- he's got to hand up let's just watch it again.
Does the NSA collecting any type of data at all on millions or hundreds of millions of Americans are.
-- -- It does not.
There are cases where they could in inadvertently.
Collect but not not winning when.
Now lawyers and judges are trained to look for deception.
Having try to 150 jury trials and thousands of non jury trial -- always looking for deception.
Classic signs of deception.
The refusal to make eye contact contact the rubbing -- the hands the catching of the of the terms for not -- and perhaps trying to go back and rework his -- And then an accident the captain of the words but the catching them it's like -- -- like yes what us now if Hollywood had to coach him.
As to how to she -- to appear deceptive.
This was a better job than that what -- -- -- Oscar goes to judge naps thinks that Fatah group to say it pleasure.
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