« | »

‘Espionage Act’ Does Not Apply To Plame

Just for the hell of it, I thought it would be fun to look at the law that the DNC/MSM are now claiming Fitzgerald is going to try to use to indict Bush’s evil henchmen, Rove and Libby.

You know that no one in the media could be bothered to look it up:

U.S. Espionage Act Of 1917

Passed by the U.S. Congress on 15 June, two months after America’s declaration of war with Germany.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

Title I

ESPIONAGE

Section 1

That:

(a) whoever, for the purpose of obtaining information respecting the national defence with intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information, concerning any vessel, aircraft, work of defence, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, or other place connected with the national defence, owned or constructed, or in progress of construction by the United States or under the control or the United States, or of any of its officers or agents, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired. or stored, under any contract or agreement with the United States, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place within the meaning of section six of this title; or

(b) whoever for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, document, writing or note of anything connected with the national defence; or

(c) whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or aids another to receive or obtain from any other person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note, of anything connected with the national defence, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts or induces or aids another to receive or obtain it, that it has been or will be obtained, taken, made or disposed of by any person contrary to the provisions of this title; or

(d) whoever, lawfully or unlawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defence, wilfully communicates or transmits or attempts to communicate or transmit the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or

(e) whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or information, relating to the national defence, through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be list, stolen, abstracted, or destroyed, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or both.

Section 2

Whoever, with intent or reason to believe that it is to be used to the injury or the United States or to the advantage of a foreign nation, communicated, delivers, or transmits, or attempts to, or aids, or induces another 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 and document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, instrument, appliance, or information relating to the national defence, shall be punished by imprisonment for not more than twenty years: Provided, That whoever shall violate the provisions of subsection:

(a) of this section in time of war shall be punished by death or by imprisonment for not more than thirty years; and

(b) whoever, in time of war, with intent that the same shall be communicated to the enemy, shall collect, record, publish or communicate, or attempt 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 of military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification of any place, or any other information relating to the public defence, which might be useful to the enemy, shall be punished by death or by imprisonment for not more than thirty years.

Section 3

Whoever, when the United States is at war, shall wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.

Section 4

If two or more persons conspire to violate the provisions of section two or three of this title, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offences under this title shall be punished as provided by section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine.

Section 5

Whoever harbours or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offence under this title shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both.

Section 6

The President in time of war or in case of national emergency may by proclamation designate any place other than those set forth in subsection:

(a) of section one hereof in which anything for the use of the Army or Navy is being prepared or constructed or stored as a prohibited place for the purpose of this title: Provided, That he shall determine that information with respect thereto would be prejudicial to the national defence.

Section 7

Nothing contained in this title shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial under sections thirteen hundred and forty-two, thirteen hundred and forty-three, and sixteen hundred and twenty-four of the Revised Statutes as amended.

Section 8

The provisions of this title shall extend to all Territories, possessions, and places subject to the jurisdiction of the United States whether or not contiguous thereto, and offences under this title, when committed upon the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States and outside the territorial limits thereof shall be punishable hereunder.

Section 9

The Act entitles "An Act to prevent the disclosure of national defence secrets," approved March third, nineteen hundred and eleven, is hereby repealed.

Okay, you legal mavens at the New York Times, let’s hear what part of this you think applies to anyone at the White House. We’ll wait.

It is simply laughable. And disgusting that our "journalists" are so pig-ignorant about the laws they so blithely pretend to understand. But when did the facts ever concern our one party media?

Note that practically everything mentioned in the act is physical. Maps, photographs, code books and the like. And note to that the act talks about giving such things to the enemyand in a time of war. (Come to think of it, maybe that would apply to Rove telling someone in our our media, since they are clearly our enemy in a war to bring down our elected government.)

It should be noted that only one conviction has ever been obtained under this law. In July 1984, Samuel Morrison leaked three classified photos to Jane’s Defense Weekly. The photos were of the Soviet Union’s first nuclear-powered aircraft carrier, which had been taken by a U.S. spy satellite.

The Reagan administration prosecuted and the Nation(the rag) and other "friends of liberty" howled. The leftist stooge Alexander Cockburn called it, "The Day Of The Jackboot."

Morrison was pardoned by Clinton, as soon as he could. And the nasty old law was forgotten until the uber-weaselJohn Dean brought it up recently as yet another way to contort the law and criminalize political differences by trying to apply it to Karl Rove.

Never mind that the media and the rest of the anti-American leftwing have been trying to get this law repealed for ages. But now that they might be able to twist it to their advantage, it’s a whole other story.

But come to think of it, this section might be kick to enforce:

Whoever, when the United States is at war, shall wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both."

Oh, Mother Sheehan…

This article was posted by Steve on Friday, October 21st, 2005. Comments are currently closed.

5 Responses to “‘Espionage Act’ Does Not Apply To Plame”

Sorry, comments for this entry are closed at this time.


« Front Page | To Top
« | »