[movermike] movermike: Did The NYT Violate Section 798?

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Posted by movermike:
Did The NYT Violate Section 798?
http://www.movermike.com/posts/1186416348.shtml


   In March, 2006, Gabriel Schoenfeld writing in [1]Commentary asked the
   question "what is, and what should be, the relationship of
   news-gathering media to government secrets in the life-and-death area
   of national security?"

   Today, Schoenfeld writes in [2]Contentions that we may be nearer the
   time when that question is taken up by a sitting grand jury. Here's
   the law:

     [3]Section 798. Disclosure of classified information

     (a) Whoever knowingly and willfully communicates, furnishes,
     transmits, or otherwise makes available to an unauthorized person,
     or publishes, or uses in any manner prejudicial to the safety or
     interest of the United States or for the benefit of any foreign
     government to the detriment of the United States any classified
     information -

     (1) concerning the nature, preparation, or use of any code, cipher,
     or cryptographic system of the United States or any foreign
     government; or

     (2) concerning the design, construction, use, maintenance, or
     repair of any device, apparatus, or appliance used or prepared or
     planned for use by the United States or any foreign government for
     cryptographic or communication intelligence purposes; or

     (3) concerning the communication intelligence activities of the
     United States or any foreign government; or

     (4) obtained by the processes of communication intelligence from
     the communications of any foreign government, knowing the same to
     have been obtained by such processes -

     Shall be fined under this title or imprisoned not more than ten
     years, or both

   I've suggested in past posts that some are close to giving "aid and
   comfort" to the enemy.

     ...the Times reported that shortly after September 11, 2001,
     President Bush had âauthorized the National Security Agency [NSA]
     to eavesdrop on Americans and others inside the United States . . .
     without the court-approved warrants ordinarily required for
     domestic spying.â

   A federal grand jury was tasked to investigate the leak and Jane
   Harmon, then the ranking Democrat of the House Intelligence Committee
   at the time, believed it caused severe damage to our intelligence
   gathering activities.

     ...the federal grand jury hearing evidence in the leak
     investigation is still active.

   Now, the home of Thomas M. Tamm, who previously worked in Justiceâs
   Office of Intelligence Policy and Review (OIPR) was raided by the FBI.
   It is suspected by Schoenfeld's sources that Tamm may be the source
   for the NY times reports on the NSA.

   [4]Gabriel Schoenfeld [5]NY Times [6]aid and comfort [7]Mover Mike

References

   1. http://www.commentarymagazine.com/cm/main/viewArticle.html?id=10036
   2. http://www.commentarymagazine.com/contentions/index.php/schoenfeld/752
   3. http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/37/sections/section_798.html
   4. http://technorati.com/tag/Gabriel+Schoenfeld
   5. http://technorati.com/tag/NY+Times
   6. http://technorati.com/tag/aid+and+comfort
   7. http://technorati.com/tag/Mover+Mike