by Paul Alan Levy
Whatever happens as a result of Judge Leon's decision this week and whatever comes of today's recommendations from the intelligence review panel, we cannot forget who it was who helped our country get to the stage of having this debate, not to speak of the personal price he has had to pay as a whistleblower — turning to foreign dictatorships for refuge. We should be treating him as a hero for what he did, and Congress can do something about it.
The constitution bars a bill of attainder — a law declaring that a particular individual is guilty of a crime. But there is no reason why Congress cannot enact a bill of non-attainder: a statute declaring retroactively that Edward Snowden is not guilty of any crime for what he has done to date, and forbidding the government from prosecuting him for past conduct. Surely we owe him that much for what he has done for us.