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Question up right now where in the world is NSA leaker -- -- -- I'm John Scott -- if only we knew yeah got a gigabyte an -- -- welcome to the second -- happening now everyone.
I'm generally -- that question is sure to come up at the White House daily news briefing which is about to get started we're gonna be watching what the Obama administration has to say.
Now in the meantime and rash eyewitnesses say snowed -- wasn't on the plane -- just left Moscow for Cuba.
Amid word he was seeking or is seeking political asylum in Ecuador now would be his next stop.
I'd be that plane company said earlier he registered for the flight using his American passport which has now been rebuilt by the US State Department.
-- in arrived in Moscow on Sunday from Hong Kong Jess is the United States moves to acts extradite him to face espionage charges.
For leaking top secret information about the government's sweeping surveillance program secretary of state John Kerry's calling latest developments deeply troubling.
It would be very disappointing.
If he was willfully allowed -- border an airplane.
As a result and there would be.
Without any question some affect and impact.
On the relationship and consequences so we obviously -- countries will live by the standards of the law when they don't.
They invite other countries to break those standards.
And I think it's very serious.
Question for all of us in our relationships.
Thank you snap Bruce Malloy international law attorney an adjunct law professor at Emory University so Bruce though Wall Street Journal today.
And their cover story describes this story as a global cat and mouse game.
We're obviously the cat and that's a wet wet legal rights are what legal power -- we have to get this guy back on US soil.
There's several ways that the United States could obtain mr.
The most traditional way is with an extradition treaty.
How over we don't have an extradition treaty with Russia.
We do have an extradition treaty with Ecuador it goes back to 1873.
And was last amended in 1941.
It's what I would consider an old fashioned treaty.
That lists certain crimes.
But espionage is not one of those crimes.
It also has a provision for a political offense exception.
So the chances of getting mr.
Snowden back from Ecuador.
The extradition are probably not very good Chris Kelly Shiites -- can we legally just go.
And get ten.
We would be violating the laws of whatever country he's -- but the United States as a matter of policy.
Has in the past been willing to either kidnapped.
Individuals itself or to pay bounty hunters to kidnap people.
And the US Supreme Court has set on multiple occasions that the matter in which somebody has brought to the United States does not present any -- to their prosecution.
Do you think that's likely to happen.
It depends on where it is if it's Russia I think probably not very likely I think that we're not willing to engage in the political firestorm that that would create.
But with a small country like Ecuador.
There -- chances that we would be willing to offend their sovereignty probably increase.
Interesting to consider their folks that think that and were snowed in that was -- hero that he actually has defended.
Our constitutional rights and protected democracy mean that's and -- he's talked about.
It's something that his supporters often talk about it just wanna go to his charges released because we keep on saying he's charged with espionage here -- what this specific charges are.
-- -- the government property and authorized communication national defense information.
And willfully communicating classified intelligence and those do the last to fall under the Espionage Act.
I differ with some winds.
You know being looked at at those charges verses how they're being looked at for other crimes -- say that they're wanted for murder or they're wanted for kidnapping or something else how -- it.
Has it changed with those charges.
Well I think that the charges don't really change unless you look at the motivation further charges.
If it's -- what's considered a political fence that is what would ordinarily be a criminal act.
But the motivation is for a political purpose than most countries recognize an exception and their extradition practices.
To not extradite for those offenses.
To give you an example there were instances in the 1970s and eighties when the United States for refused to.
Irish Republican Army members back to NORTHERN IRELAND to be prosecuted by Great Britain.
And the courts recognize that although they had committed.
Acts of violence they were politically motivated so I -- I think that same analysis would apply to mr.
-- Agencies you don't think this is necessary unprecedented.
As summer talking about woody -- in general -- what do you think about this case is feminist look at -- -- -- for so long.
What do you think -- these are their new variables here that changes in naked.
-- a truly unique case stories it's something that we can -- from history.
I think we can draw from history on this it's not unique to have someone commit what would be.
-- I criminal act but do it for a political motivation that's.
A practice that's been around as long as we've had extradition and international relations.
Here it's just that the consequences of mr.
snow -- conduct could be so politically for reaching.
That I think that's what gets -- the notoriety as far as the extradition process and diplomatic relations go.
There I don't agree that this is particularly unique into -- -- context matters is being out here.
And we appreciate your perspective and authority had me back on the program thank you so much.
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