Randal, I'm not disagreeing with any of your assertions, but if Wikileaks received the leaked material from an informant, and didn't steal it themselves, wouldn't the "greater public good" be a possible defense for them?
--Matt On Sat, Dec 11, 2010 at 9:02 PM, Randal L. Schwartz <[email protected]> wrote: >>>>>> "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 > _______________________________________________ > Discuss mailing list > [email protected] > https://lists.lopsa.org/cgi-bin/mailman/listinfo/discuss > This list provided by the League of Professional System Administrators > http://lopsa.org/ > -- LITTLE GIRL: But which cookie will you eat FIRST? COOKIE MONSTER: Me think you have misconception of cookie-eating process. _______________________________________________ Discuss mailing list [email protected] https://lists.lopsa.org/cgi-bin/mailman/listinfo/discuss This list provided by the League of Professional System Administrators http://lopsa.org/
