HOUSE_OVERSIGHT_020260.jpg

108

in no uncertain terms that Snowden had to be out of Hong Kong by the end of the week, or June
23rd.

On June 19th, Snowden had a meeting with Tibbo, the barrister who would handle the court
case, and Mann and Ho, the Hong Kong solicitors who had been retained for him. It took place
in a small apartment where, according to Ho, they ate pizza while they discussed Snowden’s
options.

Tibbo had a strategy for Snowden. It required that Snowden remain in Hong Kong, allow
himself to be arrested, seek bail and fight extradition in court. Tibbo said he planned to mount a
powerful legal defense against extradition by using a provision in Hong Kong’s extradition treaty
with the United States that protects fugitives from persecution on political grounds. After he told
Snowden that it would entail a long court battle, Snowden asked him if he could avoid even being
arrested.

Tibbo explained that Hong Kong courts, which closely follow British law, would certainly issue
an arrest warrant for him immediately after the US formally filed charges against him. Those
charges could come within hours, he reckoned. Soon afterwards, Snowden would be temporarily
jailed and his computers, electronic gear and thumb drives would be seized and placed in the
custody of the court. Tibbo would immediately seek his release on bail but could not guarantee
an outcome since Snowden, who had fled U.S. jurisdiction, might be considered a flight risk. If
so, Snowden could remain incarcerated during the long court battle. Even so, during the
litigation, Snowden would have a platform to make his case against US surveillance. Indeed,
Tibbo’s strategy involved building massive public support for Snowden’s cause.

Once the US government filed charges, he could further expect it would invalidate his passport
to go anywhere except for his return to the US and Interpol would issue a red alert to all its
members. Since the case involved national security secrets, the Hong Kong court might also deny
him any use of the Internet until the case was settled. If Snowden wanted to leave Hong Kong,
he had to act swiftly.

Tibbo, although evasive on the point when I interviewed him, may not have known about the
escape Harrison was planning As far as he could see, Snowden’s other alternatives were not
good. He had no money and his credit card had been blocked. He had no visas to go any other
country and Interpol would issue its own “red notice” as soon as the US filed formal charges
against him. At that point, Hong Kong airport authorities would be officially notified and could
prevent him from leaving the city. Even if he somehow got out, he would be an international
fugitive. Tibbo counseled Snowden to seek redress in the Hong Kong courts.

But Snowden had no intention of allowing himself to be arrested. Despite what he told Lana
Lam only one week earlier, at least for publication, about his determination to seek justice in the
Hong Kong courts, he had not planned to use Hong Kong as anything more than a temporary
stop over on his escape route. Two later months later and safely in Moscow, he made this point

HOUSE_OVERSIGHT_020260