Leaking Illegal Government Action: Illegal?
I'm no lawyer, so could someone who's qualified, enlighten me? When Bush's Attorney General starts going after the officials and reporters who leaked Warrantless Wiretaps, aren't they shooting themselves in the foot?
Assume for a moment the Justice Dept. actually charges someone for leaking the Warrantless Wiretap program (I refuse to call it "Terrorist Surveillance Program"). If I were the defense attorney, my first questions would have to be:
If Mr. Bush and his shill, the Attorney General, want to shoot themselves in the foot, wouldn't it be simpler to go hunting with Cheney?
Assume for a moment the Justice Dept. actually charges someone for leaking the Warrantless Wiretap program (I refuse to call it "Terrorist Surveillance Program"). If I were the defense attorney, my first questions would have to be:
Is it illegal to release information regarding government actions of questionable legality?The Administration, by charging someone with this "leak", is asking for a court test of the legality of their own actions. In my mind, given our current laws, Warrantless Wiretaps on US citizens are patently illegal. The Administration may jam a law through Congress making it legal, but, that would not "grandfather" in earlier, illegal actions. Thus, "leaks" on this subject are simply the actions of conscientious "whistle-blowers."
Isn't it an official duty to expose illegal government activity? After all, it is a soldier's duty to refuse an illegal order. That was proven by the Nuremburg Trials after World War II.
If Mr. Bush and his shill, the Attorney General, want to shoot themselves in the foot, wouldn't it be simpler to go hunting with Cheney?
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