Former CIA Director R. James Woolsey weighed in last week on the subject of Edward Snowden. Asked about calls of clemency for the former National Security Agency contractor, Woolsey insisted that Snowden should be "hanged by the neck until he is dead." He has almost certainly committed criminal acts in removing and disclosing classified material. As someone who has held a top-secret clearance since the Reagan administration, I do not condone such violations of national security laws. However, Snowden is a better candidate for clemency than many believe.

A presidential pardon is not an endorsement of the underlying actions of an individual. To the contrary, the vast majority of pardons follow criminal convictions. Rather, pardons are issued because of mitigating or extenuating circumstances.