Wednesday, October 19, 2005

Creating Crime.

Byron York at National Review Online goes over the two laws that might be used to prosecute someone revealing classified information might be charged with. In the end Mr. York concludes these acts do not apply and if any indictments they might be along the lines of perjury (but everyone commits perjury right Clinton supporter?) or obstruction of justice (again everyone does that, right Clinton supporter?). As one former intelligence official states in all likely hood no crimes were committed until the investigation started.

Given the difficulties with prosecutions under both the Espionage Act and the Intelligence Identities Protection Act, it appears that if Fitzgerald is indeed moving toward indicting anyone, he might well choose to base the charges on allegations of obstruction of justice or the making of false statements, either to Fitzgerald's investigators or to the grand jury. "At the end of the day," says the former intelligence official, "this could end up being a situation where there wasn't a crime until there was an investigation." [emphasis added]
Source: Byron York for National Review Online - Indicted? For What? (In Plamegate, has anyone read the Espionage Act lately?)

Go to the Corner as well to read a very well reasoned and highly intellectual e-mailed response Mr. York received.