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Several laws may have been broken in Plamegate

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DemsUnited Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-13-05 04:00 PM
Original message
Several laws may have been broken in Plamegate
Edited on Wed Jul-13-05 04:02 PM by DemsUnited
Watched John W. Dean last night on Lou Dobbs and was quite impressed. So I took a look at the (many) articles he's written on the Plame leak at
http://writ.news.findlaw.com/dean.

He points out that there are several laws that could apply to the leak(s) itself:

1. The Intelligence Identities and Protection Act. This is the law that everyone's getting their knickers in a twist over -- what is "name"? what is "knowingly?"

2. "The Espionage Act of 1917, though thrice amended since then, continues to criminalize leaks of classified information, regardless of the reason for the leak. Accordingly, the "two senior administration officials" who leaked the classified information of Mrs. Wilson's work at the CIA to Robert Novak (and, it seems, others) have committed a federal crime." (http://writ.news.findlaw.com/dean/20030815.html)

3. Federal Conspiracy Statute. "This elegantly simple law has snared countless people working for, or with, the federal government. Suppose a conspiracy is in progress. Even those who come in later, and who share in the purpose of the conspiracy, can become responsible for all that has gone on before they joined. They need not realize they are breaking the law; they need only have joined the conspiracy."
(http://writ.news.findlaw.com/dean/20031010.html)

After the leak, and once a Grand Jury is convened, there's always a chance at perjury and obstruction of justice.
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-13-05 04:14 PM
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1. I'm liking the Espionage Act myself
Here's the pertinent language (emphasis supplied...by me):

f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,
(1) through gross negligence permits the same to be
removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both

18 USC 793(f)

Here's the full statute. It has a 10 year limitaions period.

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