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

Emptywheel Twitterverse
bmaz Smart and spot on response to Kevin Drum-----> "Stop sneering at Bernie Sanders"
bmaz @WALLACHLEGAL Yeah, and, really, even among appellate judges, who doesn't want to see Olson versus Clement?!?!
bmaz @emptywheel Yeah, but the tix for Pats game are EXPENSIVE! And I have a well known policy of never paying to see the Cardinals. We'll see!
emptywheel @bmaz You WANTED the stadium assignment. What changed?
bmaz @emptywheel Dang, I thought I was getting the courthouse assignment!
emptywheel RT @Laurapitter: At bottom of @jessicaschulb's story, Edelweiss says Mitchell's book “postponed indefinitely.” That'd be interesting. https…
bmaz @RMFifthCircuit Don't be a sour lemon drop Raffi, we need this to keep going!
emptywheel @bmaz I didn't mean for the courthouse I meant for the game.
emptywheel @astepanovich I JUST checked and said, it must be beer-thirty already. I'd say we have a quorum, in any case.
bmaz @emptywheel Well, I haz experience covering him!
bmaz @RMFifthCircuit Probably won't be, but Ted ups the odds.
JimWhiteGNV RT @_grendan: possible cracks in DOD’s Kunduz investigation already emerging