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[IP] more on Could NY Times face a treason trial?





Begin forwarded message:

From: Gene Spafford <spaf@xxxxxxxxxxxxxxxxx>
Date: January 24, 2006 5:46:25 PM EST
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on Could NY Times face a treason trial?

2 points:

1) The US code has several parts governing treason and sedition. Title 18, chapter 115 is the portion of interest. Section 2381 is the one specifically governing treason:
    Whoever, owing allegiance to the United States, levies war
    against them or adheres to their enemies, giving them aid and
    comfort within the United States or elsewhere, is guilty of treason
    and shall suffer death, or shall be imprisoned not less than five
    years and fined under this title but not less than $10,000; and
    shall be incapable of holding any office under the United States.

Despite the spin some would put on it, the NY Times did not levy war against the US, nor declare allegiance to an enemy, nor give them aid and comfort. As a more or less reasonable person, I don't see this as applicable.

2) Lots of heat and little light on this issue. In particular, we don't know what the folks at the NSA have actually been doing, and they aren't going to say because it gives away methods and means. We can speculate about it, but without knowing exactly, it seems questionable to assert that X *is* breaking the law or is *not* breaking the law. Paranoia about the NSA and dislike/like for George W. Bush are undoubtedly distorting the whole issue. I'd suggest taking a deep breath, and only making statements that we know are grounded in fact, if any additional statements need to be made at all.


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