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Recipients of "Leaks" May Be Prosecuted, Court Rules

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:13 PM
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Recipients of "Leaks" May Be Prosecuted, Court Rules
Recipients of "Leaks" May Be Prosecuted, Court Rules

In a momentous expansion of the government's authority to regulate public disclosure of national security information, a federal court ruled that even private citizens who do not hold security clearances can be prosecuted for unauthorized receipt and disclosure of classified information.

The ruling (pdf) by Judge T.S. Ellis, III, denied a motion to dismiss the case of two former employees of the American Israel Public Affairs Committee (AIPAC) who were charged under the Espionage Act with illegally receiving and transmitting classified information.

The decision is a major interpretation of the Espionage Act with implications that extend far beyond this particular case.

The Judge ruled that any First Amendment concerns regarding freedom of speech involving national defense information can be superseded by national security considerations.

more at:
http://www.fas.org/blog/secrecy/2006/08/recipients_of_leaks_may_be_pro.html
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ComerPerro Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:13 PM
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1. reciepients, but not the leakers probably
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Kutjara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:14 PM
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2. So you can be prosecuted for the contents of your brain.
Thoughtcrimes have really arrived.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:14 PM
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3. But the leakers get to skate?
:shrug:
rocknation
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:15 PM
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4. all patriots who leak info about this fascist goverment will have
to contact press sources in different countries -- like any resistance movement, I guess.

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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:17 PM
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5. That's either an oversimplification or it will never hold up in
an upper court!
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Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:17 PM
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6. Well, I'm sure America's interests will be protected....right? n/t
PB
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TexasLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:19 PM
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7. a fine line...
"Finally, with respect only to intangible information , the government must prove that the defendant had a reason to believe that the disclosure of the information could harm the United States or aid a foreign nation...."

This case involved AIPAC personnel, but what happens when we're applying the law to reporters?
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AndyA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:22 PM
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8. And you know beforehand that you're about to receive super secret
information because?

Osmosis? Telepathy? The crystal ball you carry around with you?

How do you know ahead of time that you are about to receive something you shouldn't? Especially if you're a reporter, you never know what you're going to hear.

I would normally say this would never stand up under appeal to a higher court, but in this country today, who knows. Freedom, liberty, and fairness are no longer a part of today's America, apparently.
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Sinti Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 01:34 PM
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9. What about things that have been classified retroactively? n/t
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lala_rawraw Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-10-06 06:53 PM
Response to Original message
10. I assume i can count on all of you to get me out of jail?
Or at least sneak me some cigs?
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