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 The NCAA quietly proposed a major structural reform yesterday. It's still horrid and here's why: http://t.co/kRKTgn5FDF
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bmaz Did Northwestern Unionizing Just Cause Real NCAA Reform? No, Not At All http://t.co/kRKTgn5FDF
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bmaz RT @SpyTalker: More on "Murder in Juarez" http://t.co/DNdOQl1ei2
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bmaz @MonaHol Little known fact: my wife and I went as Al and Peg Bundy one Halloween. Pretty funny.
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bmaz @MonaHol This is true!
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bmaz @yeselson Me too. Also shove on the hip during the shot.
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bmaz Tough blocking call in that situation, looks like a bad call.
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bmaz @ericisbeautiful Yes. And for all his reputation, it's about time he came thru in playoff clutch situation.
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bmaz .@misterdevans No question. And Cliven Bundy is a pernicious and racist dolt at that. But he didn't murder 30 young girls like Ted Bundy.
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bmaz RT @Olivianuzzi: Kelly Bundy > Ted Bundy > Cliven Bundy http://t.co/nuxmNUhT8p @thedailybeast
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bmaz Listen, Cliven Bundy is a horrible human being, granted; but if you are cute tweeting that he's worse than Ted Bundy, just get out.
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bmaz @BradMossEsq I have seen approximately none in the jurisdictions I practice in.
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