IC agents threatened to release the NIE if Bush refused to do it? Updated WSJ weighs in

Investigation, yes. And there will be hearings shortly. Firing squad, no. It makes us look like a bunch of lunatics.

Bryan on December 7, 2007 at 11:32 PM

Why? Because we executed somebody? Oh, and on the face of it this looks like a violation of this statute…

US Code – Title 18 – Section 794

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 37–ESPIONAGE AND CENSORSHIP

Sec. 794. Gathering or delivering defense information to aid
foreign government

(a) Whoever, with intent or reason to believe that it is to be used
to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to
communicate, deliver, or transmit, to any foreign government, or to any
faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States, or to any
representative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model, note, instrument, appliance, or information relating to the
national defense, shall be punished by death or by imprisonment for any
term of years or for life, except that the sentence of death shall not
be imposed unless the jury or, if there is no jury, the court, further
finds that the offense resulted in the identification by a foreign power
(as defined in section 101(a) of the Foreign Intelligence Surveillance
Act of 1978) of an individual acting as an agent of the United States
and consequently in the death of that individual, or directly concerned
nuclear weaponry, military spacecraft or satellites, early warning
systems, or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryptographic
information; or any other major weapons system or major element of
defense strategy.
(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or
communicates, or attempts to elicit any information with respect to the
movement, numbers, description, condition, or disposition of any of the
Armed Forces, ships, aircraft, or war materials of the United States, or
with respect to the plans or conduct, or supposed plans or conduct of
any naval or military operations, or with respect to any works or
measures undertaken for or connected with, or intended for the
fortification or defense of any place, or any other information relating
to the public defense, which might be useful to the enemy, shall be
punished by death or by imprisonment for any term of years or for life.
(c) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be subject to
the punishment provided for the offense which is the object of such
conspiracy.
(d)(1) Any person convicted of a violation of this section shall
forfeit to the United States irrespective of any provision of State
law–
(A) any property constituting, or derived from, any proceeds the
person obtained, directly or indirectly, as the result of such
violation, and
(B) any of the person’s property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commission
of, such violation.

For the purposes of this subsection, the term “State” includes a State
of the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction
of a violation of this section, shall order that the defendant forfeit
to the United States all property described in paragraph (1) of this
subsection.
(3) The provisions of subsections (b), (c) and (e) through (p) of
section 413 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to–
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to
such property,

if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall be
deposited in the Crime Victims Fund in the Treasury all amounts from the
forfeiture of property under this subsection remaining after the payment
of expenses for forfeiture and sale authorized by law.

doriangrey on December 7, 2007 at 11:49 PM

Bryan on December 7, 2007 at 11:54 PM

What ever you say, it’s your house your rules, not mine.

doriangrey on December 7, 2007 at 11:57 PM