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by kenj0418 3985 days ago
He would almost certainly be put in jail as soon as he stepped foot on American Soil. In most circumstances someone could make bail awaiting trial, but considering that he'd been hiding in another country (and the government would argue that he might run off again) it would be very doubtful for him.

But then they would have a trial. It would likely take a very long time (and he would likely be in jail during it).

The term 'jury of his peers' means regular American citizens (not judges or other government officials). Sadly, the government has done a good job of convincing many people that all their spying on us is for our own safety. They'd just need to work to get 12 people that believed that (while Snowden's attorney's would work to get at least one that didn't). Though anyone that already (openly) had an opinion on his guilt or innocence wouldn't be allowed on the jury.

(note: this is assuming a civilian trial. I think they'd have a very hard time trying to give Snowden some sort of military tribunal)

2 comments

> But then they would have a trial. It would likely take a very long time (and he would likely be in jail during it).

Of note: the Espionage Act forbids a public interest or whistleblower defense. His conviction would be a foregone conclusion.

Most importantly, anyone with knowledge of jury nullification [1] would not be allowed on the jury.

[1] https://en.wikipedia.org/wiki/Jury_nullification

This is a real problem. I was dismissed from a DUI case last year because I felt that it was a problem that the officer had forcibly administered a blood test while at the scene (this was after the Supreme Court case). The judge and prosecutor were very vocal about the fact that they were only interested in jurors who would be content to entertain whether the accused was intoxicated, without going any further into the matter.
I hear his sort of comment often. I don't understand why people value "being honest to a lawyer who is obstructing justice" over "fulfilling their civil duty to serve on a jury".
At best, the juror would be dismissed and replaced as soon as their lie was revealed.

At worst, the juror would be held in contempt of court (or similar) and become another victim of that same corrupt justice system.