US to Hong Kong: Don't delay Snowden extradition

Monday - 6/24/2013, 3:56am EDT

David Medine, chairman of the Privacy and Civil Liberties Oversight Board, is seen in front of the White House in Washington, Friday, June 21, 2013. President Barack Obama held his first meeting Friday with the board in the White House Situation Room. (AP Photo/Pablo Martinez Monsivais)

JULIE PACE
Associated Press

WASHINGTON (AP) -- The Obama administration on Saturday sharply warned Hong Kong against slow-walking the extradition of Edward Snowden, reflecting concerns over a prolonged legal battle before the government contractor ever appears in a U.S. courtroom to answer espionage charges for revealing two highly classified surveillance programs.

A formal extradition request to bring Snowden to the United States from Hong Kong could drag through appeal courts for years and would pit Beijing against Washington at a time China tries to deflect U.S. accusations that it carries out extensive surveillance on American government and commercial operations.

The U.S. has contacted authorities in Hong Kong to seek Snowden's extradition, the National Security Council said Saturday in a statement. The NSC advises the president on national security.

"Hong Kong has been a historically good partner of the United States in law enforcement matters, and we expect them to comply with the treaty in this case," White House national security adviser Tom Donilon said in an interview with CBS News. He said the U.S. presented Hong Kong with a "good case for extradition."

However, a senior administration official issued a pointed warning that if Hong Kong doesn't act soon, "it will complicate our bilateral relations and raise questions about Hong Kong's commitment to the rule of law." The official was not authorized to discuss the matter by name and insisted on anonymity.

Hong Kong's government had no immediate reaction to the charges against Snowden, a former National Security Agency contractor who admitted providing information to the news media about the programs. Police Commissioner Andy Tsang told reporters only that the case would be dealt with according to the law. A police statement said it was "inappropriate" for the police to comment on the case.

A one-page criminal complaint against Snowden was unsealed Friday in federal court in Alexandria, Va., part of the Eastern District of Virginia where his former employer, government contractor Booz Allen Hamilton, is headquartered, in McLean. He is charged with unauthorized communication of national defense information, willful communication of classified communications intelligence information and theft of government property. The first two are under the Espionage Act and each of the three crimes carries a maximum sentence of 10 years in prison on conviction.

The complaint is dated June 14, five days after Snowden's name first surfaced as the person who had leaked to the news media that the NSA, in two highly classified surveillance programs, gathered telephone and Internet records to ferret out terror plots.

Snowden told the South China Morning Post in an interview published Saturday on its website that he hoped to stay in the autonomous region of China because he has faith in "the courts and people of Hong Kong to decide my fate."

A prominent former politician in Hong Kong, Martin Lee, the founding chairman of the Democratic Party, said he doubted whether Beijing would intervene yet.

"Beijing would only intervene according to my understanding at the last stage. If the magistrate said there is enough to extradite, then Mr. Snowden can then appeal," he said.

Lee said Beijing could then decide at the end of the appeal process if it wanted Snowden extradited or not.

Snowden could contest extradition on grounds of political persecution.

Hong Kong lawyer Mark Sutherland said that the filing of a refugee, torture or inhuman punishment claim acts as an automatic bar on any extradition proceedings until those claims can be assessed.

"Some asylum seekers came to Hong Kong 10 years ago and still haven't had their protection claims assessed," Sutherland said.

Hong Kong lawmakers said that the Chinese government should make the final decision on whether Snowden should be extradited to the United States.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong Kong to protect Snowden from extradition before his case gets dragged through the court system.

Leung urged the people of Hong Kong to "take to the streets to protect Snowden."

The Obama administration has now used the Espionage Act in seven 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 against Snowden.

"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."