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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: Dale Baker who wrote (11571)	2/11/2006 8:49:27 PM
From: Dale Baker	Respond to of 541114

Byron White's concurring opinion in the Pentagon Papers case covers the actual law on the issue, and how it was applied at that time. What I can't find anywhere is any record of any non-government employee ever actually bring prosecuted, much less convicted, under 793 or 798 for any reason. We know that all kinds of classified information has ended up in the press during various conflicts since 1950. And no prosecutor at any level ever seemed inclined to implement these sections. Very curious. I would guess there must be a lot of doubt that the prosecution would be successful given the language of the sections, or a political unwillingness to do anything more than snipe at the press with an occasional comment instead of an indictment. I can't find any discussion outside of various rightwing journals about prosecuting the NY Times either. supct.law.cornell.edu