1 Comment

Your large penalty crimes fall under the Espionage Act, for which the essential element of proof, beyond a reasonable doubt, is mpg simple possession, but delivery, which would be hard to establish unless foreign governments frequent the restroom at Mar-a-Lago, and anyone bringing that charge knows that and is just creating publicity in the press.

However, under 18 USC Section 1924, the proper charge, by a determined prosecutor, the maximum penalty is only five years, and not even the murderers of Chaney, Goodman and Schwerner got the maximum under the Mississippi Burning Law, 18 USC Section 241, which has a ten year max.

Anyone who works with classified information should have at least the intellect to retain some classified information in their head, creating some problems in court against a defense attorney establishing reasonable doubt in a court seeking a conviction. So, charging even under Section 1924 becomes a matter of prosecutorial discretion, and we all know how politics plays a role in that.

Expand full comment