Wednesday, March 08, 2006

Durbin in the Dock?

More fallout from the Plame case.

One casualty may be Illinois Senator Dick Durbin.

And he can thank the Chicago Tribune for setting some precedent, by revealing secrets in WWII which so shocked Congress they passed a law against it. Jack Kelly, RCP:
Justice department lawyers think journalists who publish information which damages national security can be prosecuted under the Espionage Act. Case law supports them. In 1985, the Fourth U.S. Circuit Court of Appeals held unanimously the Espionage Act applies to "whoever" transmits national defense information "to a person not entitled to receive it."

But it's more likely prosecutors will use the Plame precedent to get journalists to disclose their sources. The NSA leak investigation is said to be moving rapidly, and to focus on two Democratic senators, Jay Rockefeller of West Virginia and Dick Durbin of Illinois.

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