Title: Expressing the sense of the House of Representatives that the Federal Government should drop all charges against Edward Snowden.
Policy area: Armed Forces and National Security

Summary:
This resolution expresses the sense of the House of Representatives that the National Security Agency's bulk collection telephone records program was unconstitutional and that the federal charges against Edward Snowden for disclosing information about the program should be dropped.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1162 Introduced in House (IH)]

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116th CONGRESS
  2d Session
H. RES. 1162

 Expressing the sense of the House of Representatives that the Federal 
       Government should drop all charges against Edward Snowden.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2020

    Ms. Gabbard (for herself and Mr. Gaetz) submitted the following 
 resolution; which was referred to the Committee on the Judiciary, and 
 in addition to the Permanent Select Committee on Intelligence, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the Federal 
       Government should drop all charges against Edward Snowden.

Whereas, during a Senate hearing on March 12, 2013, James Clapper, then-Director 
        of National Intelligence, was questioned by Senator Ron Wyden, and was 
        asked whether the National Security Agency ``collect[ed] any type of 
        data at all on millions, or hundreds of millions of Americans'', to 
        which Clapper replied ``No, sir'', and added ``not wittingly'', a 
        response he later admitted was ``clearly erroneous'';
Whereas, in June 2013, Edward Snowden disclosed to a selective group of 
        journalists National Security Agency documents exposing that bulk 
        collection of Americans' telephone records from telecommunications 
        providers by the intelligence community was occurring;
Whereas, on June 21, 2013, the Department of Justice unsealed charges against 
        Edward Snowden for violating sections 793(d) and 798(a)(3) of the 
        Espionage Act and theft of government property under section 641 of 
        title 18, United States Code;
Whereas, on January 23, 2014, the Privacy and Civil Liberties Oversight Board's 
        report on the National Security Agency's telephone records program found 
        ``no instance in which the program directly contributed to the discovery 
        of a previously unknown terrorist plot or the disruption of a terrorist 
        attack'' and that the program significantly threatened and violated the 
        constitutional rights of the American people;
Whereas, on May 7, 2015, the United States Court of Appeals for the Second 
        Circuit ruled that section 215 of the Patriot Act did not authorize the 
        bulk collection of telephone records and therefore such collection was 
        unlawful;
Whereas, on September 2, 2020, the United States Court of Appeals for the Ninth 
        Circuit ruled the National Security Agency's telephone records bulk 
        collection program illegal and possibly unconstitutional under the 
        Fourth Amendment;
Whereas the United States Court of Appeals for the Ninth Circuit found the 
        telephone records bulk collection program did not play a pivotal role in 
        any terrorism investigations;
Whereas those involved in the collection of Americans' telephone records have 
        yet to be held accountable for their illegal actions, further increasing 
        the danger of continued government overreach and abuse of civil 
        liberties; and
Whereas the United States Government must protect whistleblowers who expose 
        illegal and unconstitutional acts of abuse within our government: Now, 
        therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the National Security Agency's bulk collection 
        telephone records program was illegal and unconstitutional;
            (2) Edward Snowden's disclosure of this program to 
        journalists was in the public interest; and
            (3) the Federal Government should drop all charges against 
        Edward Snowden.
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