9/30/2005

Daily Kos: Judy Miller the Second Most Important Plame Development Today

Judy Miller the Second Most Important Plame Development Today
by pontificator [Subscribe]
Thu Sep 29th, 2005 at 22:36:54 CDT

The most important?

Larry Franklin pled guilty to violations of the Espionage Act.

This has got to have Rove, Libby, and the other members of the White House Iraq Group quaking in their boots.

UCLA Professor of Policy Studies Mark A.R. Kleiman explains:

* pontificator's diary :: ::
*

More bad news for Rove, Libby, et al.: Lawrence Franklin has agreed to plead guilty to leaking classfied information to two AIPAC staff members.

Why do I say that's bad news for the folks who outed Valerie Plame Wilson? Because Franklin was indicted under the Espionage Act (specifically 18 U.S.C. 793 (d)) for giving classified information to those not eligible to receive it, including members of the media.

No money involved, no inteligence identities. And Franklin is pleading out. Looks to me as if the
Espionage Act is still alive, and as if it applies squarely to the facts of the Plame case.

The Intelligence Identities Protection Act has always been a red herring. Rove, Libby and company could go down under the same statute used against the Rosenbergs, Aldrich Ames, and Robert Hansenn.

Oh yeah -- and we still haven't seen the classified CIA Damage Assessment Report on the Plame leak. If the leak led to overseas WMD sources being outed and killed, then, under the Espionage Act, this could be a death penalty case.

Update [2005-9-29 23:57:27 by pontificator]: See this regarding the death penalty under the Espionage Act. It appears to me that, to get the death penalty, Fitzgerald would have to prove that the wrongdoer acted with "intent or reason to believe that [the protected information] is to be used to the injury of the United States or to the advantage of a foreign nation." That could be a difficult, although not necessarily impossible, burden in the Plame case. The more likely scenario perhaps would be indictments under 18 USC 793(d) of the Espionage Act, which was used against Franklin and which carries a ten year prison sentence.

Daily Kos: Judy Miller the Second Most Important Plame Development Today

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