Edward Showden has admitted that he is the one who leaked the information about the NSA’s programs that are the subject of all the recent debate over privacy, the US constitution, and the proper role of government in protecting US citizens from terrorism.

One question asked frequently is: Is Edward Snowden a hero ,or a traitor?  Did he do the right thing, and blow the whistle on an out-of-control government ignoring the constitution, or is he a traitor, revealing valuable secrets and willfully violating the law by giving help to the enemy?

It is clear that he broke the law.  He swore an oath to keep secrets.  Both the law, and his oath appear to have been violated.  If true, he richly deserves punishment for this violation.  If not punished, this would be a clear signal for everyone else in a similar position to ignore their oaths, and to make their own judgements about when government is “out of control”.  To not prosecute is to condone his behavior, which is not tolerable.  An upholding of standards and essential discipline demands that he be punished.

It also seems clear that the government programs he has revealed are outside the bounds of our constitution, and that the government running them has been less than transparent about their existence and operation.  Officials appear to have lied to the people’s representatives in Congress, and the potential for abuse of these programs is very real.  Any time there is government misconduct, a precedent is set.  The specter of future abuse and ugly consequences from this secret program were very real.  The phrase “out of control” has been used, and is every bit as scary as it sounds.  Someone needed to reveal these programs as the outrages they are.

To me, it’s clear.  He is a hero, and he should be prosecuted.

Heroes are not people who do something easy and worthwhile.  They are people who do necessary things at great personal cost.  In this case, we have a tension between the necessity of maintaining the Rule of Law – punishing a lawbreaker for a clear violation, and the need to honor someone who broke the law to reveal what may turn out to be serious misconduct and possible corruption at the highest levels of the federal government.  These programs were secret and it is doubtful that the “normal channels” would have uncovered this problem.

We cannot ignore either of these imperatives.  We must have a Rule of Law.  We must have respect for the constitution.  When they conflict, what do we do?

We must do both.  We must be grateful to Edward Snowden for sacrificing his career, and possibly his freedom for the sake of our civil liberties and the constitution.  We must also prosecute him, and punish him to make it clear that regardless of his motives, he broke the law and must pay the penalty.

It’s not pleasant.  It’s may not seem fair, but that’s what must be done.