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It kind of flew under the radar (under the pale of the ‘Nuclear Docs being sought’ news, I’m guessing) — BUT two federal government sources let this key insight slip, under the condition of anonymity …
Who knew?
In pursuing the unprecedented search of Donald Trump's residence on Monday, the FBI was seeking to retrieve Top Secret and "compartmented" documents dealing with intelligence "sources and methods," two federal government sources tell Newsweek—documents with the potential to reveal U.S. intelligence sources, including human sources on the American government payroll.
[...]
Exclusive: Trump Raid Documents Could Reveal Informants on U.S. Payroll
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So here’s the legal check-list for proving this Threat to National Security charge aka Espionage — a charge for which the DOJ, by all appearances, has solid probable cause:
The Elements of an Espionage Offense
[...]
Generally, an espionage conviction requires U.S. prosecutors to prove the following elements:
- Information transmitted is classified government information or relates to national defense ; and
- The accused acted with the intent or reason to believe the information will harm the United States or help a foreign nation (not necessarily an "enemy" of the United States); and
- There was a willful communication, transfer, or receipt of the information; or
- There was an overt act in furtherance of a conspiracy to commit espionage.
Furthermore, it is not necessary for the act in question to actually cause any harm to the United States (or help any foreign nations), nor does the government have to prove that the disclosed information actually was closely held and a threat to national security. So if the accused were to leak or share information that is actually incorrect or otherwise not a threat to national security, they still could be convicted if all other elements are proven.
www.findlaw.com
1) (stealing info) classified or relates to national defense
2) target knows the info will help a foreign nation
3) communication or transfer of the info
4) acts taken to further the espionage scheme
5) actual harm to the United States is not necessary for conviction
Do not pass Go; Do not collect $200 Million Dollars!
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If the ‘son-in-law’ can do it — so can the ‘old man’ … cash-in on their insider info …
Who’s gonna know?
hat-tip to annieli
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Obligatory caveat:
Reportedly these Intelligence “sources and method” documents were being sought in the warrant. No reports yet, if they were among the classified Top Secret documents, that were actually recovered.
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