I’m not sure why but the topics of Edward Snowden and Julian Assange frequently attract insane lack of knowledge of the basics of their cases.
So let’s try to rectify that.
Julian Assange: Is not under U.S. indictment, and in fact as far back as 2013 the Justice Department (anonymously) leaked to the press that there was no serious possibility of sustaining charges against Assange, because he hasn’t done anything in regard to U.S. law any differently than what the New York Times and other major newspapers have done. It’s established precedent, a third party, who was never covered by a security clearance, who is freely given classified information by someone who is breaking the law to do so, is not guilty of a crime if they disseminate it. The “burden of keeping classified information” doesn’t attach to them. It doesn’t attach to domestic journalists, and it certainly doesn’t attach to foreign journalists living abroad when the incident happened.
Additionally, not only is Assange not under any U.S. charges, we’ve never moved to extradite him–because again, he is actually not guilty of any crimes in America. The correct thing for America to do about Assange is “nothing.”
The only reason he’s holed up in an Ecuadorean Embassy is because he left Sweden after two women made sex-crime related claims against him. He is not wanted for trial–he is wanted for a Swedish criminal investigation. Basically, Swedish authorities want to question him. When he found out Britain was, per the terms of its agreements with Sweden, going to extradite him to Sweden’s custody he fled to the Ecuadorean Embassy and has never left. His claim is that somehow this is all a grand secret U.S. plot to extradite him to the United States, a facile claim that is easily disproven. Most obviously because Britain would be far more likely to extradite Assange to America than Sweden is. So if he actually allowed himself to be extradited to Sweden, he’d actually be in a better spot than he is right now.
Assange and his supporters have always asserted Sweden and the UK are all involved in some plot, but not only is there no evidence to support this, executing said plot would be in contradiction to both British and Swedish law. The simpler explanation is under a quirk of the Swedish system, they cannot proceed to close the case until they interview Assange, and they are not willing to “play his game” and interview him in the Ecuadorean Embassy. They have treaty rights to have him extradited as a person of interest and interview him domestically. Britain is fulfilling its treaty obligations by seeking to do so. Ecuador is protecting him via the legal status of its embassy.
Once all the Swedish charges hit their statute of limitations (some already have, I think they all do around 2019), I suspect a grand “nothing” will happen. He’ll be free to leave the Embassy and nobody is going to whisky him away to America. He may or may not be deported from Britain, since I think his fleeing British arrest is in violation of a British court order and possibly some minor crime that may see the Brits want to kick him out. Not only would it be patently insane to assassinate a man who is not a fugitive from justice, not some terrorist leader, not a serious threat to the United States (all Assange does is collect a salary, and before hiding in the Embassy, travel around whoring on it–Wikileaks can/does function without him.)
Snowden: Snowden unambiguously violated the espionage act. While we should continue to seek his extradition, nothing he has done, and nothing he can do, would justify an assassination. Technically assassinations are prohibited by executive order, and at least the ones we’ve publicly acknowledged perpetrating (like against Yamamoto) were justified in a very different time/circumstance.
Snowden isn’t an “ongoing” threat, he stole data, broke espionage laws, and it’s all out there now. He has no ongoing access to our systems, or anything else he can leak. He’s not an ongoing threat, just a simple fugitive. I wouldn’t waste any political capital on even trying to get him back. If he eventually agrees to some deal where he accepts some sanction to get out of Russia and back to the U.S. then more power to him, I don’t care. Killing him is both an insane proposition and frankly absurd.
Now, he’s no hero, and he clearly has broken the law. But he’s also not a “traitor”, while treason is more broadly defined in many countries, America weirdly defines treason in the constitution itself. It is extremely specific, and the evidentiary requirements for proving it are very high. So while he may be a “colloquial traitor”, under the highly specific legal definition of treason in the U.S. he wouldn’t be guilty of treason.