Better Warm Up Ol' Sparky
Mark A.R. Kleiman raises the mindboggling possibility that Fitzgerald may go after Rove with an espionage indictment -- the same charge used to fry the Rosenbergs. Mark's reasoning, as usual, is very tight:
But Rove's conduct certainly meets the far less demanding elements of the Espionage Act: (1) possession of (2) information (3) relating to the national defense (4) which the person possessing it has reason to know could be used to damage the United States or aid a foreign nation and (5) wilful communication of that information to (6) a person not entitled to receive it.
Under the Espionage Act, the person doing the communicating need not actually know that revelation could be damaging; he needs only "reason to know." Classification is generally reason to know, and a security-clearance holder is responsible for knowing what information is classified.
Nor is it necessary that the discloser intend public distribution; if Rove told Cooper -- which he did -- and Cooper didn't have a security clearance -- which he didn't -- the crime would have been complete.
And to be a crime the disclosure need not be intended to damage the national security; it is only the act of communication itself that must be wilful.
It's also a crime to "cause" such information to be communicated, for example by asking someone else to do so.
Gulp. What's the matter, Karl? You look a little pale.
According to Kleiman, there are a few other, lesser crimes that Fitgerald could also throw at His Mayberryness, including "18 U.S.C. 1001, the law against making false statements to officials." Definitely not a charge I would ever want to see on my rap sheet.
But it really would be gilding the lilly to slap Rove with a pissant count like that on top of a freaking espionage indictment.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
You know, they bury guys alive out at the Marion federal pen for stuff like that. Ed Walker's out there; John Walker, too. Life without parole. Couple of decades of that, and death could start to seem like a blessing.
Why don't you turn the air conditioning up, Karl. You're sweating like a pig there.
In my wildest, my most delightful dreams, I could not imagine that the guy who just three weeks ago was equating liberals with traitors could soon be facing trial as a . . . traitor. I mean, I wouldn't dare put something like that on my Christmas list. Gluttony is one of the seven deadly sins.
Of course, even if Karl is indicted for espionage, he'll probably be offered plenty of chances to cut a deal. And even if he is convicted, he isn't likely to do any jail time. And even if he does do jail time, it's likely to be in the kind of country club prison where the toughest punishment is having your golf privileges revoked.
Still, it was a nice fantasy while it lasted, and I thank Mark for it. And who knows? Karl's luck could all go bad at sentencing time, and leave him in front of a judge who actually believes in a little law and order, instead of some liberal wuss.
I think I could get a real charge out of that.
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