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Top Secret
Power Line ^ | 5 Mar 2006 | unattributed

Posted on 03/05/2006 10:10:34 PM PST by Greg o the Navy

One of the deepest secrets in the exposure of the National Security Agency surveillance of al Qaeda-related conversations by the New York Times is that the publication of the story is itself a crime. Publication of the story violates, for example, one highly specific provision (18 U.S.C. section 798) of the Espionage Act that prohibits the disclosure of communications intelligence. Violation of the statute is a felony punishable by imprisonment up to ten years.

(Excerpt) Read more at powerlineblog.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; News/Current Events; War on Terror
KEYWORDS: gwot; msm; newyorktimes; nsa; surveillance; terrorism; wiretap; wot
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I can imagine few things that would make me happier than learning that the NY Slimes has been shuttered and its editors and reporters tossed in the Greybar Hotel for their treason. Considering the well-connected source here (Power Line) it might very well happen!
1 posted on 03/05/2006 10:10:35 PM PST by Greg o the Navy
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To: Greg o the Navy
Violation of the statute is a felony punishable by imprisonment up to ten years.

'Tis music to my ears. Throw away the key!
2 posted on 03/05/2006 10:12:20 PM PST by pcottraux (It's pronounced "P. Coe-troe.")
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To: Greg o the Navy

I long ago gave up any optimism that The Left will be called to account for their crimes against our nation.


3 posted on 03/05/2006 10:12:40 PM PST by Old Sarge (Fobbit = REMF ... how do you like me now?)
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To: Old Sarge
I long ago gave up any optimism that The Left will be called to account for their crimes against our nation.

Because the Republicans have no **lls.

4 posted on 03/05/2006 10:13:41 PM PST by Jeff Chandler (Peace Begins in the Womb)
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To: pcottraux

With a little luck, the slime at ABC, CNN, CBS, NBC, Air America, Washington Post, etc. would be put out of our misery in the same fell swoop. As far as I'm concerned they relinquished their First Amendment rights long ago because of their irresponsible and traitorous behavior.


5 posted on 03/05/2006 10:16:33 PM PST by Greg o the Navy (Al Qaeda's willing American allies: DemonRats & Liberals)
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To: Greg o the Navy
....The Justice Department said "there plainly is no exemption" for the media under the Espionage Act, but added, "a prosecution under the espionage laws of an actual member of the press for publishing classified information leaked to it by a government source would raise legitimate and serious issues and would not be undertaken lightly, indeed, the fact that there has never been such a prosecution speaks for itself."

Note to the Justice Department:

It's time.

6 posted on 03/05/2006 10:18:56 PM PST by Just Lori (To everything, there is a season.........Ecclesiastes, 3:1-8)
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To: Greg o the Navy

The Left in their narcisstic ambitions tries to make it look like we are trying to get rid of First Amendment Rights to get rid of opposition to the war, and that we accuse anyone who is not for the war "a traitor." They are trying to make themselves look like righteous heroic underdog martyrs. It's classic liberalism.

But the accusation of treason does not come against someone for being against the war, or even protesting. It is against the slimey media for its active attempts to aide and comfort the enemy and against powerful left-wing organizations for funding and helping terrorism.


7 posted on 03/05/2006 10:22:18 PM PST by pcottraux (It's pronounced "P. Coe-troe.")
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To: Greg o the Navy
With a little luck, the slime at ABC, CNN, CBS, NBC, Air America, Washington Post, etc. would be put out of our misery in the same fell swoop. As far as I'm concerned they relinquished their First Amendment rights long ago because of their irresponsible and traitorous behavior.

Seems like the GWB DOJ has the hammer in their hand and with a little persuasion could make it drop on these eggs and smash them. Takes ba$$s though cause it will be mightily unpopular in RAT circles.

8 posted on 03/05/2006 10:27:28 PM PST by p23185
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To: ASA Vet; Grampa Dave; Rembrandt; beyond the sea; HiJinx
No Kidding.....ping!

Catch as catch can...
9 posted on 03/05/2006 10:30:42 PM PST by BIGLOOK (Order of Battle: Sink or capture as Prize, MS Media)
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To: p23185

I agree. I am so sick and tired of the GWB/GOP not taking action against open offenses of espionage and treason by the left.


10 posted on 03/05/2006 10:30:45 PM PST by Lancer_N3502A
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To: Old Sarge

Geeeeez .. haven't you people been paying attention .. the quieter it is .. the more that's going on. The Bush admin is not like the Clinton admin. Bubba always wanted the world to know what he was doing - investigatin' and stuff .. so's he could hide his other gross behavior.

The Bush admin on the otherhand .. has no obligation to tell any of us what they're doing when they are investigating a crime. We need to get over it.

Of course, this is why the dems call them "secretive" - because the Bush admin people don't tell the dems what they're doing .. because the dems won't keep quiet about it - and instead blab it to the NYT or the WP.


11 posted on 03/05/2006 10:32:41 PM PST by CyberAnt (Democrats/Old Media: "controversy, crap and confusion" -- Amen!)
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To: Greg o the Navy

The FBI and the DOJ are supposedly on this, so perhaps the Old Grey Whore, and Pinch and a whole lot of reporters WILL be frogmarched into trials, convicted, and made to serve whatever sentence is handed down. :-)


12 posted on 03/05/2006 10:34:04 PM PST by nopardons
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To: Jeff Chandler

Don't be so sure of that. :-)


13 posted on 03/05/2006 10:34:41 PM PST by nopardons
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To: Greg o the Navy

Looks like the White House if finally getting ready to criminally prosecute those revealing classified information, which is indeed a crime.

White House Trains Efforts on Media Leaks. Sources, Reporters Could Be Prosecuted

http://www.freerepublic.com/focus/f-news/1590234/posts


The Justice Department also argued in a court filing last month that reporters can be prosecuted under the 1917 Espionage Act for receiving and publishing classified information.


14 posted on 03/05/2006 10:37:11 PM PST by FairOpinion (Real Conservatives do NOT help Dems get elected.)
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To: Greg o the Navy
Reality check:

As much as I detest the NYT these days, the writer has little knowledge of the operation of law.

The concept of laws in conflict is common. One law says X, another says "not X." Courts sort them out.

The constitutional guarantee of freedom of the press is settled con law. As much as a statue may prohibit certain conduct, when the Constitution says certain conduct can be accomplished without penalty, the Constitution outweighs the statute.

Is a leaker of such information very guilty of a crime? Yes.

Is the newspaper guilty of a crime in publishing that secret leak? No.

This is a slippery slope we do not want to go down. For example, Grand Jury testimony is secret. Did you want Jackie Judd of ABC prosecuted because she publicly broke the story about Clinton's grand jury lines re: Monica?

The NYT actions were stupid and wrong, perhaps even "criminal" in the sense that they were grossly offensive and dangerous to the People of the United States.

Were they a chargeable crime? No.
15 posted on 03/05/2006 10:37:27 PM PST by MindBender26 (Having my own CAR-15 in RVN meant never having to say I was sorry....)
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To: CyberAnt

So, by your theory, then I can be confident there is a massive investigation on She Who Must Not Be Named?


16 posted on 03/05/2006 10:38:04 PM PST by Old Sarge (Fobbit = REMF ... how do you like me now?)
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To: MindBender26

"Is the newspaper guilty of a crime in publishing that secret leak? No."

===

WRONG!

President Bush PERSONALLY talked to the chief editor of the NYT, explaining to him the classified nature and the harm to national security that will result by revealing the information, and the NYT did it ANYWAY.

I want to see some traitor perp walks.


17 posted on 03/05/2006 10:40:01 PM PST by FairOpinion (Real Conservatives do NOT help Dems get elected.)
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To: CyberAnt
Geeeeez .. haven't you people been paying attention .. the quieter it is .. the more that's going on. The Bush admin is not like the Clinton admin. Bubba always wanted the world to know what he was doing - investigatin' and stuff .. so's he could hide his other gross behavior. The Bush admin on the otherhand .. has no obligation to tell any of us what they're doing when they are investigating a crime. We need to get over it. Of course, this is why the dems call them "secretive" - because the Bush admin people don't tell the dems what they're doing .. because the dems won't keep quiet about it - and instead blab it to the NYT or the WP.

Oh I agree 1,000 percent! I've been paying attention. Someone posted on FR way back when this Risen story was printed in the NYT, and was posted here with lots of various threads, that there is undoubtedly lots going on that we will never hear about. That is the way you fix these kinds of things, SECRETLY. Best thing that could happen is to have all these NYT folks just disappear off to prison.

18 posted on 03/05/2006 10:40:29 PM PST by p23185
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To: Greg o the Navy

With a copy of the constitution in hand : Article III, section 3 : Treason defined, conviction of : 1 : Treason against the United States, shall consist only in levying War against them, or, in adhereing to their Enemies, giving them Aid and Comfort. No person shll be convicted of Treason unless on the Testimony of two Witness to the same overt Act, or on Confession in open Court. Since we now have a conservative majority on the Supreme Court...


19 posted on 03/05/2006 10:41:28 PM PST by timer
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To: nopardons
The FBI and the DOJ are supposedly on this, so perhaps the Old Grey Whore, and Pinch and a whole lot of reporters WILL be frogmarched into trials, convicted, and made to serve whatever sentence is handed down.

First, show me the crime (in publishing, not in leaking). Second, the penalty is prescribed by statute. What is it?

20 posted on 03/05/2006 10:43:30 PM PST by Cboldt
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