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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bmaz @JasonLeopold Well, I know it's early and all, but Merry Christmas! I have ordered a gift subscription for you!
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bmaz @Sherry_Reson @JayAckroyd Wait....birthday?
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bmaz RT @azcentral: NEW DETAILS Director at Barrow Neurological Institute arrested with AR-15 rifle at Sky Harbor http://t.co/IgGYMXpTyR http:/…
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bmaz @azcentral @brahmresnik Is this guy one of the 2nd A gun nuts who go to businesses with assault weapons just to belligerently show they can?
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bmaz @jeff_kaye Agree.
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bmaz RT @dcbigjohn: Truly fantastic @AramRoston story: How A One-Time Pig Peddler Helped The U.S. Flood War Zones With Guns http://t.co/fL6eBdl1
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bmaz @pbump T-Mobile, not Verizon
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bmaz @ColMorrisDavis @jaketapper It is patently false, and it is reckless to disseminate that.
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bmaz @ColMorrisDavis @jaketapper Let's be honest, Bob Baer in that article is either ignorant or he is lying about war crime status of mistake.
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bmaz @ColMorrisDavis @Krhawkins5 I think they are willing to make noise, but never have the guts to pull the trigger or go full Mike Gravel.
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bmaz @ColMorrisDavis @Krhawkins5 Not impossible, but remember all the noise Wyden+Udall made re NSA and, yet, never really did anything big.
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