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pnwmom

(110,261 posts)
76. Chelsea Manning was found guilty of espionage for her leaking.
Wed Jul 19, 2017, 02:28 PM
Jul 2017

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

but, but, she was right about that one thing that one time! (nt) TacoD Jul 2017 #1
There is a reason why she labels herself "Agent of Chaos, PSYOP division" L. Coyote Jul 2017 #18
odd coincidence? Swagman Jul 2017 #61
That's not a coincidence. Trump fits right in with the Birchers. L. Coyote Jul 2017 #83
The Rosenbergs were convicted of espionage, not treason. The Velveteen Ocelot Jul 2017 #102
With that tweet in evidence, I vote for both. MineralMan Jul 2017 #2
Well, being a self-aggrandizing charlatan doesn't rule out either. Hortensis Jul 2017 #65
Since when are pro-lifers against the death penalty? That's the nuttiest thing she said. LonePirate Jul 2017 #3
++++++A trillion lunasun Jul 2017 #6
True pro-lifers Proud liberal 80 Jul 2017 #58
Not so leftynyc Jul 2017 #64
She's British PatSeg Jul 2017 #72
The Catholic Church has been opposed to the death penalty for decades. former9thward Jul 2017 #74
Lol. cwydro Jul 2017 #4
and the gullible seem to be in the majority here. m-lekktor Jul 2017 #8
Exactly. That's what bothers me. People seem not to care how loony this site can look at times. cwydro Jul 2017 #10
When did you start shaking your head? After the trolls attacked her for going after Trump? L. Coyote Jul 2017 #26
I'll keep shaking my head. cwydro Jul 2017 #66
I believe she is a troll having fun and privately having a good laugh about it all. nt m-lekktor Jul 2017 #5
She is a serious journalist and a vocal Anti-Trumper conservative. L. Coyote Jul 2017 #47
No, she's not a serious journalist onenote Jul 2017 #68
Let me know when you fit that into a tweet. L. Coyote Jul 2017 #84
Check out Meghan McCains tweet today about her dad. Several long paragraphs stevenleser Jul 2017 #105
I agree that Mensch's peggysue2 Jul 2017 #73
Claude Taylor has not worked for "various WH administrations" onenote Jul 2017 #77
Fine, don't read him peggysue2 Jul 2017 #81
Thank you for your permission. I trust now you'll stop spreading misinformation about him onenote Jul 2017 #87
Claude is a veteran of three presidential campaigns. He is a serious independent journalist. L. Coyote Jul 2017 #85
You know how many people are "veterans" of presidential campaigns? onenote Jul 2017 #88
Both. Agschmid Jul 2017 #7
Is that Tweet for real? Because there is no DP anymore for treason. WinkyDink Jul 2017 #9
No?... PoliticAverse Jul 2017 #28
I trusted a source that I didn't follow up on. My mistake! WinkyDink Jul 2017 #71
Not only Bannon but Trump himself facing DEATH PENALTY according to Mensch TacoD Jul 2017 #11
I went to check this tweet and am blocked Not Ruth Jul 2017 #12
and who is implicitly determining charges? salin Jul 2017 #20
Mueller is now the person working with the grand juries. He is the special counsel. L. Coyote Jul 2017 #27
Thanks for the clarification salin Jul 2017 #50
The Trump Jr meeting was known in April, so you can count on Mueller knowing too. L. Coyote Jul 2017 #82
Even a blind squirrel finds a nut once in a while njhoneybadger Jul 2017 #13
"I am pro-life and take no pleasure in reporting this." NCTraveler Jul 2017 #14
Message auto-removed Name removed Jul 2017 #35
A "pro-lifer" can dream. lol. nt. NCTraveler Jul 2017 #59
She's a clever witch that one, better burn her at the stake in the public square before L. Coyote Jul 2017 #15
Message auto-removed Name removed Jul 2017 #24
Thanks, and welcome to DU. L. Coyote Jul 2017 #37
Message auto-removed Name removed Jul 2017 #42
Just another in a long line of scammers that a certain segment of DU can't help but fall in love tritsofme Jul 2017 #16
*cough* bev harris *cough* salin Jul 2017 #21
Same here. Bleacher Creature Jul 2017 #30
or maybe got back into salin Jul 2017 #51
Bev Harris continues to do great work on the election integrity front. L. Coyote Jul 2017 #33
Her behavior here, and her treatment of Andy salin Jul 2017 #52
LOL... tritsofme Jul 2017 #57
And Snowden and wikileaks jberryhill Jul 2017 #79
I do not support the death penalty for any crime or criminal Not Ruth Jul 2017 #17
I vote for psychologically troubled. kstewart33 Jul 2017 #19
She is neither. The_jackalope Jul 2017 #22
Part of the problem is all these so-called leaks must be taken with a grain of salt. jmg257 Jul 2017 #55
Message auto-removed Name removed Jul 2017 #23
Welcome to DU alcibiades_mystery Jul 2017 #25
Message auto-removed Name removed Jul 2017 #29
Queen of the passive voice, definitely. Demit Jul 2017 #32
Message auto-removed Name removed Jul 2017 #38
Do you really not know what passive voice is? Demit Jul 2017 #48
Message auto-removed Name removed Jul 2017 #49
Apparently it means posters who like to change the subject. Demit Jul 2017 #53
Message auto-removed Name removed Jul 2017 #60
Learned long ago - "don't believe anything you hear, and only 1/2 of what you see"..eom asiliveandbreathe Jul 2017 #31
As I have said before, I take ANYTHING that she posts or says with a block of salt. Kleveland Jul 2017 #34
Or a very large crystal of salt, like the ones below: MineralMan Jul 2017 #54
Very nice! Quite stunning actually.... Kleveland Jul 2017 #96
I'm not that familiar with her--has she been right about anything that she tweets? Mrs. Overall Jul 2017 #36
She has great sources eh? awesomerwb1 Jul 2017 #39
Can we vote both...she needs to be sectioned? HipChick Jul 2017 #40
She "needs to be sectioned"? Eyeball_Kid Jul 2017 #44
Military term. Section 8. Where the mental cases go. n/t Stand and Fight Jul 2017 #104
Sectioned is what they say in UK melman Jul 2017 #106
No, I can not agree to that. Raastan Jul 2017 #41
Message auto-removed Name removed Jul 2017 #46
Mensch is a fascinating read. Eyeball_Kid Jul 2017 #43
She's the dark queen of impeachment porn....n/t PasadenaTrudy Jul 2017 #45
That is a magnificent description! LonePirate Jul 2017 #63
Yes we can!!! nt jmg257 Jul 2017 #56
"death penalty, for espionage, being considered" MGKrebs Jul 2017 #62
it's the Fox News mentality NewJeffCT Jul 2017 #86
Her sources may be telling her that, but if so, her sources are for shit. onenote Jul 2017 #67
You would think so... but of course we can't agree on that at all. FBaggins Jul 2017 #69
I've been in her corner quite a bit....but she seems to really be putting the cart before the horse cbdo2007 Jul 2017 #70
Lol, what happened to that thread throwing shade on this one cwydro Jul 2017 #75
Chelsea Manning was found guilty of espionage for her leaking. pnwmom Jul 2017 #76
And was the death penalty sought against her? onenote Jul 2017 #89
No, because of the nature of her offense. Are you certain Bannon hasn't done anything much worse? pnwmom Jul 2017 #90
The Law is Clear. onenote Jul 2017 #91
No, the law applies even outside of war time. pnwmom Jul 2017 #92
I quoted the language you seem to think I didn't know about onenote Jul 2017 #93
I said "no" to your comment about war time. I never claimed we were in war time, so that pnwmom Jul 2017 #94
Again, the issue isn't whether a prosecutor COULD seek the death penalty for espionage onenote Jul 2017 #97
How can you know what Mueller might consider without knowing what Bannon might have done? pnwmom Jul 2017 #99
What is it that you can imagine Bannon did that would give rise to an espionage claim onenote Jul 2017 #100
I'm not IMAGINING Bannon did something that could give rise to an espionage charge. pnwmom Jul 2017 #103
We should, but it won't happen. Foamfollower Jul 2017 #78
Shark. Jumped. mcar Jul 2017 #80
With 2500 views and only 7 recs, I'd say that's a NO. Glad you asked though L. Coyote Jul 2017 #95
. Dem2 Jul 2017 #98
Con Lady. Hoyt Jul 2017 #101
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