General Discussion
In reply to the discussion: Can we now, FINALLY, all agree that Louise Mensch is either a troll or an idiot? [View all]pnwmom
(110,261 posts)Are we all confident that Bannon hasn't leaked critical defense information to Russia, or taken any other action that could be prosecuted under the Espionage Act?
Depending on the nature of the offense, the penalty for espionage can be death. The death penalty hasn't been imposed in a case of espionage since the Rosenbergs, but that part of Mensch's claim isn't impossible, either -- it would all depend on what Bannon was alleged to have done. If he didn't take the action himself, but merely conspired with someone else, he would still be guilty of the espionage charge.
http://criminal.findlaw.com/criminal-charges/espionage.html
Ultimately, Manning was convicted on 21 federal charges related to the massive leak, including six counts of violating the federal Espionage Act (found in chapter 37 of the U.S. Code). The federal crime of espionage is generally intended to punish those who share sensitive information that would be harmful to U.S. interests, but violations of the law can take many forms.
SNIP
Generally, an espionage conviction requires U.S. prosecutors to prove the following elements:
Information transmitted is classified government information or relates to national defense ; and
The accused acted with the intent or reason to believe the information will harm the United States or help a foreign nation (not necessarily an "enemy" of the United States); and
There was a willful communication, transfer, or receipt of the information; or
There was an overt act in furtherance of a conspiracy to commit espionage.
https://www.law.cornell.edu/uscode/text/18/794
18 USC 174
(a) 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.
SNIP
(c) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.