What about the trial do you think would be unfair? You can read the indictment here http://apps.washingtonpost.com/g/documents/world/us-vs-edwar...
It's important to note that Snowden did not disclose these documents - he brought them to journalists, who then worked with the USG to coordinate what could be published to the public.
Historical analogies, such as the huge civil rights win in Ellsberg's Times vs. The United States sets a precedence that is not going to stick with Snowden. Ellsberg could not escape the Espionage Act charge but it was dropped by minstrel. This is not going to be a repeat with Snowden - they are going after him with the Espionage Act because they know that it specifically excludes the defense that the leaks were performed in the public interest.
History of National Security laws show how opaque the presumed-to-be transparent process of the court are supposed to be. Take for example the Lavabit case, done without a jury with a secret court summons and with evidence that the state promised the judge was there but could not provide to the defense or public for inspection because... national security. All done with only one or two weeks notice and a gag order that made it nearly impossible to find legal representation.
This was for Snowden's email provider.
Finally, the Virginia court circuit is one filled with lawyers not known for their expertise or lenience in civil rights matters but one with lawyers known for their favoritism of national security.
But overall we've got what we need from Snowden and I don't care so very much for me what he does. When I say he shouldn't come home it's prescriptive advice: meaning I would recommend to him - if I were him - that he find amnesty because of the facts listed above.
This talk of the history of the Espionage Act feels like a lot of hand waving. You make it sound like the government cherrypicked and misapplied some old law in order to stymie Snowden's defense. I don't believe there ever was (nor ever will be) a scenario where leaking national security documents to the press is protected as whistleblowing. This is not specific to the Espionage Act, I don't think "yes I did it, but it was for the greater good of society" is typically a valid defense argument in any criminal case.
(And it's offtopic but I disagree with your characterization of the Lavabit case. Lavabit wasn't on trial; they were served with a valid wiretap order that was signed by a regular non-secret non-FISA court judge and based on reasonable evidence. That's how it's supposed to work. I wish all national security cases were pursued that way.)
The Espionage Act has been used a total of 8 times, multiple times during the Obama Administration.
(You can disagree but Lavabit had suite that it effectively was not allowed to bring. This is point I made above - Lavabit was trying to mount a legal defense against the destruction of its business in this case; it was not able to.)
But I feel we've lost the point. Snowden can't argue that his actions were legal or warranted by the Constitution while he's a fugitive.
I do agree we are off point. Snowden can't argue that his actions were legal or warranted by the Constitution while he's a fugitive. He also can't if he isn't given a fair trial: https://news.ycombinator.com/item?id=9656310
But Eli, we agree. I too am insanely curious to see how this would be handled in court. I don't really have too strong opinions about Snowden himself - mostly I am concerned about the precedent the court case would set up and what it would communicate to other whistleblowers.
What sort of outcome do you want here? Would you like, as a result of the court case:
(A) A precedent whereby whistleblowers who share documents with the press that implicate the government in a scandal widely and bipartisanly disapproved of by the vast majority of American people are forgiven for their crimes on account of public good but where foreign spies who share documents with enemy intelligence can be charged
(B) A precedent whereby whistleblowers who share documents with the press that implicate the government in a scandal widely and bipartisanly disapproved of by the vast majority of American people are treated like foreign spies who share documents with enemy intelligence
[Or maybe you want some other precedent?]
I'm squarely in camp (A). Since law is a man made object, I say we get to making it possible for the legal landscape to allow the first precedent to be possible right away.