The National Security Advisor Exception Under the Espionage Act

When the FBI found sensitive — though it turned out, unclassified — documents in Thomas Drake’s basement, he was charged under the Espionage Act. When the Army found hundreds of thousands of classified — but not Top Secret — cables on Bradley Manning’s computer, they charged him with Espionage and Aiding the Enemy.

But when the FBI found Top Secret documents on Sudan — our actual enemy, if sanctions count — in Reagan National Security Advisor Robert McFarlane’s basement, it decided to investigate him for illegal lobbying.

The FBI has searched the apartment of former Reagan administration national security adviser Robert McFarlane for evidence of whether he lobbied for the government of Sudan, in violation of federal law.

The search warrant is on file in federal district court in Washington. It shows agents seized items this month including handwritten notes about Sudan and White House documents with classifications up to Top Secret.

From this I can only assume that McFarlane is being subjected to the same double standard that Clinton’s National Security Advisor Sandy Berger was (represented, it should be noted, by former Criminal Division chief Lanny Breuer), when he snuck 9/11 related documents out of the Archives, yet only plead guilty to a misdemeanor.

When National Security Advisors take top secret documents, they’re called lobbyists, not spies.

I can’t wait to find out what Condi Rice will be called if she’s ever caught with sensitive documents in her basement.

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10 Responses to The National Security Advisor Exception Under the Espionage Act

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JimWhiteGNV RT @carolrosenberg: Update: #USMC attorney sees no "legitimate reason" to censor guard gender, takes swipe at #Gitmo court transparency. ht…
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bmaz @imillhiser @JoshMBlackman @TPM @sahilkapur Yeah, I am not seeing that after Noel Canning. Plus Obama not that in your face aggressive.
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JimWhiteGNV Kind of disappointed the farrier wasn't in costume to trim our horses' feet this morning.
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emptywheel @Asher_Wolf If @runasand can turn the I Con the Media into a Tor site, I'm all for it. @Dymaxion
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bmaz @davidminbklyn I would love that, I will DM you.
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bmaz @benwizner @citizenfour Seriously, how does Winston-Salem rate above us?? Come on mantis is the 5th or 6th largest metro area in the US!!
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bmaz @davidminbklyn Is that the one we talked about way back when? I'd like to see that. Florence is a ways, but got the details?
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bmaz @benwizner @citizenfour So, we are the last people in country to get it?? Is there like just one copy+its driven around by bike messenger?
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bmaz @benwizner @citizenfour In a month?? Boo.
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emptywheel @charlie_savage Point being that 302s have a well-documented history of being ... incomplete. @joshgerstein @Krhawkins5
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JimWhiteGNV It's been Halloween every day for four years with Scottdemort as governor of Florida. http://t.co/WsNNtsDkuv
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