June 24, 2006

It's Fish or Cut Bait Time, Mr. Attorney General

By Clarice Feldman
In March, Gabriel Schoenfeld wrote a brilliant piece in Commentary in which he argued that the New York Times revelations about the NSA program warranted prosecution under Section 798 of Title 18, the so—called Comint statute.   In the article he details the history and language of the Act and its 1950 amendment and argues that the language is unambiguous and certainly covers the paper's disclosures of the NSA program, which substantially harmed our counter terrorism activities. Here are the critical  provisions of the Act: §798. Disclosure of Classified Information. (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— (1) concerning the nature, preparation, or use of any...(Read Full Article)