Originally posted by Wrabbit2000
Treason isn't some vague notion. It's not what we say it is or what we'd like it to be.
Oh, I don't know, I suspect you could make a case that Snowden gave aid to our enemies by revealing a technical capability. That's explicitly covered
in a number of USCs as well, what was it, 794? (peeks)
Yep, they can execute him under 794 without a trial by jury.
It's one of those little things they drill into you as you are read onto a TS project. To wit:
Behold: 18 USC 794
Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts 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, any document, writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by
imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the
court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence
Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly
concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.
Now, having had the security officers of any number of installations do the death by slides (794 has got its own special ppt presentation) on this one
with me, let me point out the salient bits of this paragraph.
First bar: If you have reason to believe that this info COULD be used either against the US OR for a foreign state, friend or not, then this
qualifies. It's hard to see how Snowden could claim ignorance of this. As the SOs say, this # is only secret BECAUSE in the opinion of the US it will
injure the US's interests to reveal, otherwise we'd have published it.
I might point out your 'belief' in this regard is covered by the reading of the document. You are informed it will. There's no dodging the belief
bullet here with rhetoric in court. You affirm you understand this in writing, btw.
Thus, by having affirmed his understanding of it, he's in there.
Next bar: communicates...information relating to the national defense, shall be imprisoned for life or punished by death
Well, he communicated it alright. And it does relate to the national defense, or they could surely make a case for it.
Next bar: the sentence of death shall not be imposed unless the jury, or if there is no jury, the court...
Note well. The implication here is that a federal court judge can and will sentence your nappy ass behind closed doors. If you are a civilian and they
cannot empanel a jury of jurists with sufficiently high clearances to hear the case (and often they cannot) you will be tried by a special judge in
closed court. There are legal firms that specialize in defending TS cases, so you can get a TS/SCI clearance lawyer, but you will likely not find a
jury any time soon.
Final bar: to get death you have to expose an agent who is then killed, or one of a number of pretty damned wide categories, and in his case I think
you could argue that he exposed some method of defense against large scale attack, or communications intelligence, or defense strategy.
So either way, technically I suppose you could call him a traitor. Legally, you've always got 794 to bash contractor's heads with. It's the nuclear
weapon of retaliation against unauthorized exposure, and they really mean it. That's why I find it hard to take people like Corso or Greer's bunch
Oh, and of course, there's the conspiracy adder in 794, if you discuss your little plan with the wifey or the kids or the neighbor and then you DO it,
you've killed them too. If they want to go that far.
edit on 12-6-2013 by Bedlam because: (no reason given)