>>>>> "Brandon" == Brandon S Allbery KF8NH <[email protected]> writes:

>> Amigo, neither of us is a lawyer or plays one on TV, but I'd
>> appreciate if you can show me the SCOTUS case law you allege
>> exists. I don't think there's a Woody Allen or "journalistic intent"
>> clause that says if Derek steals a classified document, then gives it
>> to me, I'm free and clear because I wasn't the person that stole
>> it. Or are you asserting there is? I'm open, brother.

Brandon> If it was passed to you, there is nothing.

Say what?

Does "accessory after the fact" not mean anything in your world?

This is the complication here.  Clearly, somebody violated a law in
leaking the documents.  Doesn't matter who.

*everyone* in possession of said leaks after the fact is an "accessory
after the fact".  Too bad: that's the way the rules work, unless stated
otherwise, but knowingly dealing in stolen material is rarely a
defensible position!

However, "greater public good" has occasionally trumped lesser crimes,
so that would be the only saving throw here.

Ergo, Wikileaks is criminal.  The NYTimes *might* be criminal, unless a
judge accepts the greater public good argument.

And Paypal and Mastercard are right to have disassociated from Wikileaks
very early, else be pulled in as "aiding and abetting" a criminal
element.

Trust me... I *want* a transparent government... but publishing stolen
documents is *not* the way to do it.  Electing Senators with actual
Spines is.

Too bad we have only the best government money can buy.

:-(

-- 
Randal L. Schwartz - Stonehenge Consulting Services, Inc. - +1 503 777 0095
<[email protected]> <URL:http://www.stonehenge.com/merlyn/>
Smalltalk/Perl/Unix consulting, Technical writing, Comedy, etc. etc.
See http://methodsandmessages.posterous.com/ for Smalltalk discussion
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