Submitted by John Van Laer, Dec 5, 2006 00:01

In the specific case of NYT reporters James Risen and Eric Lichtblau, who blew the NSA's telephone surveillance wide open, Attorney General Gonzales has prima facie evidence of violation of the Communications Intelligence Act, 18 USC Article 798. That happens to be not a mere infraction, but a felony, punishable by both fine and imprisonment. The law is short and sweet, and requires no advanced degree to comprehend--

TITLE 18> PART I> CHAPTER 37> § 798

§ 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 code, cipher, or cryptographic system of the United States or any foreign government; or

(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or

(3) concerning the communication intelligence activities of the United States or any foreign government; or

(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes-

Shall be fined under this title or imprisoned not more than ten years, or both.

Notice that the "Whoever..." makes no distinction between leakers and newpaper reporters.

The manifest indifference of General Gonzales to this major federal crime is tantamount to dereliction. It is high time that he be called to account. Unfortunately, given the cronyism at the highest level, and the wimpishness of the erstwhile Republican Congress, it hasn't happened and undoubtedly never will. All that the American people have on their side is one reporter on one relatively minor newspaper.

Disgraceful?

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