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Politics : I Will Continue to Continue, to Pretend....
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To: Sully- who wrote (16708)12/24/2005 4:36:43 AM
From: Sully-   of 35834
 
Let's Send These Guys to Jail

    The Times story is based on leaks of classified 
    information by "nearly a dozen" current and former 
    government officials. Whatever ambiguity may exist 
    regarding the legality of the NSA program -- I don't 
    think there's much, and whatever there is derives from 
    our lack of knowledge of all relevant facts -- does not 
    exist regarding the leaks. Federal law (18 U.S.C. § 798) 
    prohibits the disclosure of several narrowly defined 
    categories of information, specifically including 
    classified information regarding communications 
    intelligence:
<<< a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information-

***

(3) concerning the communication intelligence activities of the United States or any foreign government...

***

Shall be fined under this title or imprisoned not more than ten years, or both. >>>


The following subsection (b) makes clear the applicability of the act to the informants and information related to the Times story:

<<< The term "communication intelligence" means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

The term "unauthorized person" means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States. >>>


It is clear that the Times story itself involved an epidemic of lawbreaking among current and former government officials. The sources for the Times story should be entering the zone known as The Big House.

Scott Johnson @ Power Line

powerlineblog.com

www4.law.cornell.edu
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