Edward Snowden charged with espionage, theft in NSA surveillance case

Edward Snowden, who worked as a contract employee at the National Security Agency, speaks to The Guardian from Hong Kong on Sunday, June 9, 2013. (The Guardian)

WASHINGTON -- The Justice Department has charged former National Security Agency contractor Edward Snowden with espionage and theft of government property in the NSA surveillance case.

Snowden, believed to be holed up in Hong Kong, has admitted providing information to the news media about two highly classified NSA surveillance programs.

A one-page criminal complaint unsealed Friday in federal court in Alexandria, Va., says Snowden engaged in unauthorized communication of national defence information and wilful communication of classified communications intelligence information. Both are charges under the Espionage Act. Snowden also is charged with theft of government property. All three crimes carry a maximum 10-year prison penalty.

The federal court in the Eastern District of Virginia where the complaint was filed is headquarters for Snowden's former employer, government contractor Booz Allen Hamilton.

The complaint is dated June 14, five days after Snowden's name first surfaced as the leaker of information about the two programs in which the NSA gathered telephone and Internet records to ferret out terror plots.

The complaint could become an integral part of a U.S. government effort to have Snowden extradited from Hong Kong, a process that could turn into a prolonged legal battle. Snowden could contest extradition on grounds of political persecution. In general, the extradition agreement between the U.S. and Hong Kong excepts political offences from the obligation to turn over a person.

It was unclear late Friday whether the U.S. had made an extradition request. Hong Kong had no immediate reaction to word of the charges against Snowden.

The Espionage Act arguably is a political offence. The Obama administration has now used the act in eight criminal cases in an unprecedented effort to stem leaks. In one of them, Army Pfc. Bradley Manning acknowledged he sent more than 700,000 battlefield reports, diplomatic cables and other materials to the anti-secrecy website WikiLeaks. His military trial is underway.

Sen. Bill Nelson, D-Fla., a member of the Senate Armed Services Committee, welcomed the charges. "I've always thought this was a treasonous act," he said in a statement. "I hope Hong Kong's government will take him into custody and extradite him to the U.S."

Michael di Pretoro, a retired 30-year veteran with the FBI who served from 1990 to 1994 as the legal liaison officer at the American consulate in Hong Kong, said "relations between U.S. and Hong Kong law enforcement personnel are historically quite good."

"In my time, I felt the degree of co-operation was outstanding to the extent that I almost felt I was in an FBI field office," said di Pretoro.

The U.S. and Hong Kong co-operate on law enforcement matters and have a standing agreement on the surrender of fugitives.

However, Snowden's appeal rights could drag out any extradition proceeding.

The success or failure of any extradition proceeding depends on what the suspect is charged with under U.S. law and how it corresponds to Hong Kong law under the treaty. In order for Hong Kong officials to honour the extradition request, they have to have some applicable statute under their law that corresponds with a violation of U.S. law.

In Iceland, a business executive said Friday that a private plane was on standby to transport Snowden from Hong Kong to Iceland, although Iceland's government says it has not received an asylum request from Snowden.

Business executive Olafur Vignir Sigurvinsson said he has been in contact with someone representing Snowden and has not spoken to the American himself. Private donations are being collected to pay for the flight, he said.

"There are a number of people that are interested in freedom of speech and recognize the importance of knowing who is spying on us," Sigurvinsson said. "We are people that care about privacy."

Disclosure of the criminal complaint came as President Barack Obama held his first meeting with a privacy and civil liberties board as his intelligence chief sought ways to help Americans understand more about sweeping government surveillance efforts exposed by Snowden.

The five members of the little-known Privacy and Civil Liberties Oversight Board met with Obama for an hour in the White House Situation Room, questioning the president on the two NSA programs that have stoked controversy.

One program collects billions of U.S. phone records. The second gathers audio, video, email, photographic and Internet search usage of foreign nationals overseas, and probably some Americans in the process, who use major providers such as Microsoft, Google, Apple, and Yahoo.