His Excellency Alexander Vladimirovich Konovalov
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Second, Mr. Snowden will not be tortured. Torture is unlawful in the United States. If he returns to the United States, Mr. Snowden would be brought before a civilian court convened under Article III of the United States Constitution and supervised by a United States District Judge. Mr. Snowden would receive all the protections that United States law provides to persons charged with federal criminal offenses in Article III courts. In particular, Mr. Snowden would be appointed (or, if he so chose, could retain) counsel. Any questioning of Mr. Snowden could be conducted only with his consent: his participation would be entirely voluntary, and his legal counsel would be present should he wish it. Mr. Snowden would have the right to a public jury trial; he would have the right to testify if he wished to do so; and the United States would have to prove his guilt beyond a reasonable doubt to a unanimous jury. If convicted, Mr. Snowden would have the right to appeal to the United States Court of Appeals.
We believe that these assurances eliminate these asserted grounds for Mr. Snowden's claim that he should be treated as a refugee or granted asylum, temporary or otherwise. Please ensure that this letter reaches the head minister for the Federal Migration Service, as well as any other Russian Federation agency responsible for receiving and considering Mr. Snowden's application for asylum.
Sincerely,
A personal signature appears here
Eric H. Holder, Jr.
Attorney General
