The Rosenbergs were put to death for violating the same [View All]

[Holly_Hobby]

espionage law as the Bush administration. Also note that we weren't AT WAR during the time of the Rosenberg violations. The punishment for treason during wartime and which results in the death(s) of U.S. personnel, the maximum penalty according to the applicable Federal law under which the Indictments are being issued, is DEATH. (credit Truth Diamond)

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1. The Rosenbergs were convicted, sentenced, and put to death under 18 USC 794(b).

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2. Jonathan Pollard was convicted and sentenced to life in prison under 18 USC 794(c).

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It's also interesting to note that Ted Olson was one of the lawyers who represented Pollard in his appeal.

3. Aldrich Ames was convicted, and sentenced to life in prison under 18 USC 794.

Joe Wilson said, “Naming her this way would have compromised every operation, every relationship, every network with which she had been associated in her entire career. This is the stuff of Kim Philby and Aldrich Ames.”

Didn't he also say that he wanted to see Karl Rove frogmarched out of the White House? There's a law that could see that happen, Joe. Why don't you invoke it?

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4. Robert Hansen was convicted and sentenced to life in prison under 18 USC 794.

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As the cases above illustrate, the motive the informant may have for breaking the Espionage law, 18 USC 794, is totally irrelevant. The Rosenbergs and Pollard have both argued that their intention was to help an ally, not harm the United States. The courts' held that the law doesn't care what their motives were.

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Why should the leakers in Treasongate be treated any differently than those convicted under 18 USC 794 in the past? The statute provides no defense based upon motive. But seriously, does anybody still believe the Bush administration violated the Espionage Act and exposed themeselves to death or life in prison just to "smear" Joe Wilson? Motive doesn't matter to the law, other than its usefulness as an evidentiary device.

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http://citizenspook.blogspot.com/2005/08/treasongate-prior-high-profile.html

Citizenspook is a retired Federal attorney.