Those of you who are arguing Flynn can't be tried for treason, what is the usual charge

[shraby]

for being a MOLE?
Does anyone doubt he's passed on some of the secrets he's learned in his position? Is he the reason some of the Russian spies are being executed? These are two questions among others that need answers.

[MineralMan]

1. Such activities are covered under espionage laws.

Treason is a very special charge. It has a very narrow definition in law. It doesn't apply in these cases, really. There are many other charges, however, that might apply. We'll see.

[shraby]

2. I just checked what Robert Hanssen was charged with. From his wiki page:

On July 6, 2001, he pleaded guilty to 15 counts of espionage in the United States District Court for the Eastern District of Virginia.[4][5] He was sentenced to 15 life terms without the possibility of parole. His activities have been described by the Department of Justice's Commission for the Review of FBI Security Programs as "possibly the worst intelligence disaster in U.S. history".[6]

[MineralMan]

3. Yes. Violation of espionage laws carries some serious penalties.

Treason isn't the only charge to make. There are plenty of others available. We need to focus on actual laws that actually apply to the situation. Treason is too limited a charge to consider, since it wouldn't actually apply.

[JTFrog]

5. I would love to see that happen to Comey. nt

[Orrex]

6. Hannsen was charged under the Mm-Bop protocols.

[atreides1]

4. The US Constitution defines "treason"

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

ARTICLE III, SECTION 3, CLAUSE 1


There is of course the Espionage Act of 1917.

[Blue_Tires]

7. He of course CAN be tried, but I don't think he should...

I worry that trying Flynn will turn him into an all-purpose dumping ground for blame while the rest of the administration skates...

[Wounded Bear]

8. Treason is specifically defined in the Constitution...

Section 3.

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Oddly enough, it makes that particular charge kind of hard to make stick, which was probably intentional after the depredations of the Revolutionary War, in which low ranking British officers were known to hang people for treason with very limited or non-existent judicial process.

There are numerous espionage statutes that could bear on the case, though.

[LanternWaste]

9. The Espionage Act may apply.

I think the Espionage Act may apply. Specifically, 18 USC § 793(e).

"Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or..."