Journalist excepted?

According to Powerline, 18 U.S.C. § 798 of the deals with the disclosure of classified information explicitly:

“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— “

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

Where does it say “journalist excepted?”

Thanks Powerline.

How is publishing "vital national secrets" not criminal?

According to Jack Kelly in Real Clear Politics “It is despicable, but not illegal, for the news media to publish vital national secrets leaked to them. But the leakers have committed a felony.”

I need help understanding, if the news media knows or suspects information is classified, how it is not a felony to make that information public? As I posted previously, if instead of publishing the information, the media in question passes it directly to an agent of an adversary they would be committing a felony. By extension because that adversary is able to view the published exposure of classified information should that not also constitute a felony?

Thank you Jack Kelly for calling for action from the justice department.

This would have made a great Monty Python sketch.

Officer: Uh, dispatch?
Dispatch: Go ahead.
Officer: About that mugger we were chasing…
Dispatch: Go ahead.
Officer: Well…you see what happened was…well…
Dispatch: Go ahead.
Officer: Well, the Chief is never going to believe this, but what happened is…well…
Dispatch: Go ahead.
Officer: Tigers.
Dispatch: Go ahead?
Officer: Tigers. You see what happened was…well…tigers got him.
Dispatch: …Tigers?…
Officer: That’s right. Tigers.
Dispatch: …I’ll get the Chief.

Fox News has the story.

The President has authority and responsibility to conduct surveillance.

John Schmidt has a great, simple, description of the legal authority the President has to authorize surveillance both in and out of the country of those in contact with enemies, real or potential, of the United States. I will go farther than Mr. Schmidt and suggest that in addition to the authority, President Bush also has the responsibility to do everything possible to protect the citizens of the United States, their National interest and assets, and to defeat all enemies foreign and domestic.

As Mr. Schmidt says “That inherent power is reason to be careful about who we elect as president” and President Bush does understand the power provides authority while demanding the responsibility of taking action.

Thank you Mr. President.

Thank you Real Clear Politics for this from John Schmidt of The Chicago Tribune.

How to deal with a strike!

Reagan’s example should be used every time.

Thank you Tapscott’s Copy Desk for the lesson.

Journalism or espionage?

If an individual or organization gives classified information to an adversary of the United States that is considered espionage. Why if that same individual or organization publishes the same information for that same adversary, along with the entire world, to see is that considered journalism and a protected Constitutional right?

The recent exposure of classified information concerning surveillance of possible espionage within the United States and classified information regarding the handling of unlawful enemy combatants are examples the left uses to promote their allegations that the Bush Administration is out of control. The reality is that the release and publication of this information is a violation of the law and should expose both leaker and publisher to prosecution as aiding and abetting an enemy of the United States.

At anytime, but more so during time of war, it is critical that those who expose classified information, and this includes those who report or publish it, be detained and prosecuted fully.

Thanks Hugh Hewitt for the comments.

WMD Moved to Syria

“Saddam Hussein moved his chemical weapons to Syria six weeks before the war started.” This according to Isreali Lieutenant General Moshe Yaalon.

There has been much speculation that Iraq moved it’s WMDs out of the country before the war. This is the first definitive word I am aware of confirming this and also the destination of Syria.

Thank you Kathryn Jean Lopez at The Corner for the information.