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Reply #64: Then he shouldn't describe it as "almost criminal" because [View All]

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24601 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-10 07:51 PM
Response to Reply #49
64. Then he shouldn't describe it as "almost criminal" because
that would make a leak "almost" qualifying - under your interpretation of the case law. However, when you cross the realm into classified information and especially with the military, there are myriad general and specific orders violated and one of the 1st things noted by the court will be any nondisclosure agreement he signed.

Any soldier knows that you have a legitimate complaint - use the chain of command or the IG. There are military provisions for redress of grievance that are protected when you use the chain of command. Further, Public Law 107-174 (May 15, 2002)codified that
protection from retaliation for civil rights and whistle-blowing up the chain, effectively reversing by legislation, any provisions that a disclosure to a federal supervisor isn't protected.

I don't buy that anyone could conceivably consummate a leak with violating something else that is fully enforceable. Someone with that mindset will inevitably violate another provision such as removing classified information from a secure facility - an act not covered by any whistle-blower statute. Improper transmission of classified information and/or intentionally putting it on an electronic system not accredited for that level of information. (The internet is accred for UNCLAS only) Or if you destroy what you removed, congratulations and welcome to improper destruction of classified information and possible obstruction of justice for destroying evidence of your own wrongdoing.

If you think otherwise, here's recent history:

"Former NSA official allegedly leaked material to media" (Washington Post 16 April 2010)

"Thomas A. Drake, 52, has not been accused of sharing the most sensitive of the NSA's secrets: the means it uses to intercept e-mails and phone calls around the world, or the tools it employs to crack adversaries' codes. Instead, Drake appears to have provided a steady stream of documents and information to a Baltimore Sun reporter whose work exposed NSA system failures and mismanaged programs."

"Drake faces 10 felony charges, each carrying a maximum penalty of five to 20 years in prison and up to a $250,000 fine."

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