"Espionage by any other name" (T Blankley: charge Hersch with espionage)

[clem_c_rock]

http://www.washingtontimes.com/op-ed/tblankley.htm

<snippit>

18 United States Code section 794, subsection (b) prohibits anyone "in time of war, with intent that the same shall be communicated to the enemy any information with respect to the movement, numbers, or disposition of any of the Armed Forces ... of the United States... or supposed plans or conduct of any ... military operations ... or any other information relating to the public defense, which might be useful to the enemy ... by death or by imprisonment for any term of years or for life."

Subsection (a) of that statute prohibits anyone "with ... reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates ... to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life."

I am not an expert on these federal code sections, but a common-sense reading of their language would suggest, at the least, that federal prosecutors should review the information disclosed by Mr. Hersh to determine whether or not his conduct falls within the proscribed conduct of the statute.

</snippit>

[The Backlash Cometh]

1. First Amendment Rights. Also, Rumsfeld may be in violation of

the law, so, Hersch can claim that he believed that it was in the public's best interest to know what he was doing.

As for the Iran fly-overs, military people came out and said that sort of thing was no surprise, it should be standard practice.

[DELUSIONAL]

2. and Novak is still running lose

he outed a CIA agent.

[Justin54B20L]

3. The same section can be used in reference to the Valerie Plame case.

When she was outed, it

a.) was a time of "war" (war on terrorism)

b.) contained information relating to public defense (CIA special agent)

c.) indirectly releases information relating to national defense (again, CIA agent working in Africa on behalf of our national security)


So then, shouldn't Novak and the leaker(s) be tried for espionage as well?

[ET Awful]

4. Considering that his comments covered a nation who is not an enemy

"yet" and that he discussed an intelligence agency operating outside of congressional approval, the statute wouldn't apply anyway.

It had nothing to do with military movement that would help the "enemy" since Iran is not currently an enemy, and the agency he publicized is not a legal agency, so it is not applicable.

[UdoKier]

5. Blankley, isn't he an agent for the Moonie cult?

Sorry, I don't pay any mind to the opinions of Moonies.