Regardless of the end result, that argument won't hold up in court.  It
will be successfully argued that the suspect only passed on the
information to a U.S. person and not an an enemy.

A follow on charge could be made levied against the newspaper editor
however, if could be proven that he or she willfully published the
information with the knowledge that it would be read by an enemy.

Tracy Johnson
Measurement Specialties, Inc. 

BT







NNNN


> -----Original Message-----
> From: HP-3000 Systems Discussion 
> [mailto:[log in to unmask]] On Behalf Of Jay Maynard
> Sent: Tuesday, April 25, 2006 7:14 AM
> To: [log in to unmask]
> Subject: Re: [HP3000-L] OT: Cheney Aide Says Bush OK'd Leak
> 
> 
> On Tue, Apr 25, 2006 at 09:22:04AM -0400, Johnson, Tracy wrote:
> > * Espionage, is easier to convict, the requirements are 
> less stringent 
> > than treason.  Pretty close though, they got the confession 
> in lieu of 
> > two witnessess to an overt act, but the information was 
> passed to the 
> > media and not the enemy, (the media is not the enemy 
> despite what we 
> > may
> > think,) so it fails that test.
> 
> The information was passed *directly* to the media, where our 
> enemies could and almost certainly did see it. Willful and 
> reckless disregard for the security of the information is 
> equivalent to giving it to the enemy.
> -- 
> Jay Maynard, K5ZC                    http://www.conmicro.cx
> http://jmaynard.livejournal.com      http://www.tronguy.net
> http://www.hercules-390.org               (Yes, that's me!)
> Buy Hercules stuff at http://www.cafepress.com/hercules-390
> 
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