PolicyBrief
H.RES. 34
119th CongressJan 13th 2025
Expressing the sense of the House of Representatives that the Federal Government should drop all charges against Edward Snowden.
IN COMMITTEE

This bill urges the Federal Government to drop all charges against Edward Snowden, recognizing his disclosure of the NSA's illegal bulk collection of Americans' telephone records as a service to the public interest.

Marjorie Greene
R

Marjorie Greene

Representative

GA-14

LEGISLATION

House Resolution Calls for Dropping All Charges Against Snowden, Says NSA Bulk Data Collection Was Illegal

This resolution is a formal statement from the House stating that the National Security Agency's (NSA) mass collection of Americans' phone records was both illegal and a violation of the Constitution. The resolution also asserts that Edward Snowden acted in the public interest when he leaked information about this program. Finally, it calls for the federal government to drop all criminal charges against Snowden.

Snowden's Disclosure: A Public Service or a Crime?

This resolution essentially takes a stand on the Snowden case, arguing that his actions were justified because they exposed an illegal government program. The core issue here is whether the government overstepped its authority by collecting bulk phone records. The House is now on record saying that they did, and this overreach was serious enough that Snowden's leak served the public good, despite violating laws on handling classified information.

Real-World Impact: Whistleblower Protection vs. National Security

If the government were to follow this resolution, it could change how whistleblowers are treated, especially in national security cases. For someone working in a sensitive government position, like a contractor or military personnel, this could offer more protection if they expose wrongdoing. For example, imagine a defense contractor who discovers their company is overcharging the Pentagon. This resolution might embolden them to come forward, knowing there's growing support for protecting whistleblowers.

However, the resolution also raises concerns. It might make people working with classified information less cautious, thinking they can leak documents without consequences if they believe it’s in the 'public interest'. Think, for example, of a low-level intelligence analyst who disagrees with a specific military operation. This resolution could be interpreted as a green light to leak classified details, potentially endangering operations or personnel, even if their actions aren't legally protected as whistleblowing. The balance between protecting national security and ensuring government accountability is tricky, and this resolution leans heavily toward the latter.

Challenges and the Bigger Picture

It is important to note that the resolution does not create any new laws or change any existing ones. It's a statement of the House's opinion, not a binding legal change. It also sits in tension with existing laws about handling classified information. The Espionage Act, for example, makes it a crime to disclose information that could harm national security. This resolution doesn't change that, but it does suggest a shift in how some lawmakers view these kinds of disclosures. It sets up a potential conflict between protecting classified information and protecting those who reveal government misconduct, a tension that will likely continue to be debated.