Posted on 04/30/2019 5:58:12 AM PDT by Mount Athos
The clearest of all the laws concerning U.S. intelligence is Section 798, 18 U.S. Code—widely known in the Intelligence Community as “the Comint Statute,” or “the 10 and 10.” Unlike other laws, this is a “simple liability” law. Motivation, context, identity, matter not at all. You violate it, you are guilty and are punished accordingly.
Here it is:
(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, . . . any classified information—
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States …or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence . . .
Shall be fined under this title or imprisoned not more than ten years, or both.
On December 9 and 10, 2016, the New York Times and the Washington Post independently reported that anonymous senior intelligence officials had told them that, based on intercepted communications, the intelligence agencies agreed that Russia had hacked the Democratic National Committee to help Donald Trump win the election. Their evidence was the fact of their access to U.S communications intelligence. A flood of subsequent stories also cited allegations by “senior intelligence officials” that “intercepted communications” and “intercepted calls” showed that “members of Donald J. Trump’s 2016 presidential campaign and other Trump associates had repeated contacts with senior Russian intelligence officials in the year before the election.”
Incontrovertibly, the officials who gave these stories to the Times and Post violated the Comint Statute, and are subject to the “10 and 10” for each count. There is no clearer instance of what the governing law is, of how it was violated, and of the punishment that this incurs.
Consequently, there is no clearer indictment of our legal system than the fact that no one has been prosecuted for these violations, much less punished.
Nor is there any doubt as to who at least two of these “senior intelligence officials” are: Former CIA director John Brennan and former Director of National Intelligence James Clapper.
Beginning in January 2017, Brennan and Clapper made essentially the same statements on national television. The only possible excuse—that their allegations were lies—is irrelevant because the essence of the violation is the revelation that U.S intelligence was monitoring the communications of the Russians in America, and those of the Trump campaign as well. This is true, and that revelation is a textbook violation of the Comint Statute.
The reasons no prosecutions have followed should be plain enough. The offenders are big people, in the permanent government and in the Democratic Party. They have a great many friends in the U.S Justice Department. From the top down, the Trump Administration has been filled by much smaller people. Loud words aside, the president has kowtowed to the intelligence agencies in every way imaginable. No prominent Republican has chosen to challenge the de facto privileged relationship between Democrats in the intelligence agencies and the media.
And so, Brennan and Clapper continue as living proof that the United States has a dual system of justice. The example of their impunity speaks louder than any speech, and reassures their leftist successors in the intelligence agencies that their channel to the Times and Post is as safe as ever.
Politics is not responsible for the non-application of Section 798 to Brendan and Clapper. It is difficult to imagine that the public would not approve massively the straightforward application to prominent men of a law that is so unambiguous, which is the foundation of arguably the main part of U.S intelligence, and which has been applied countless times to ordinary people.
Rather, the absence of real politics—of real competition between opposing sides in American life—is the culprit. What we see is that those in the upper echelons of American life, whether they call themselves Republicans or Democrats, have greater loyalty to the ruling class to which they belong than to any law or institution. The refusal to apply Section 798 to Brennan and Clapper —the fact that they are free men —is simply the most obvious manifestation of the fact that we have a ruling class, that it is coherent, and that it has yet to be challenged in any serious way.
Yup, the Swamp is alive and well. And if they aren’t over confident now, just you wait until the next time they take control.
Much like a bank robber, the more they get away with it, the bigger they get, until something happens eventually. Our Nation cannot afford or survive an escalation of the kind of criminal activity that we have seen during the Reign of The Clintons.
Trump, you’re doing great but the Swamp and THE WALL need your immediate attention!
Is there any lawful law in DC? The land of High Crimes and Treason, is above the actual law; lives under its own _law_.
First, I believe a lot more than the two mentioned should be frog marching in orange jump suits.
Second, I believe the meeting on the tarmac was to let jOkeass know that the first term of the Bitch was to repeal the 2xth Amendment to let jOkeass have a third term. And, her next Amendment was to repeal the part of the Constitution where a President must be elected every four years, thereby, giving someone authority to appoint a President for life.
Not sure what is true.
But Seymour Hersh, and one of Seth Rich’s co-workers said it was Seth Rich who down-loaded the information from the DNC computers. Jerome Corsi said the information was was downloaded at the speed that showed it was a download to a thumb drive, instead of an internet hack.
Also, the DNC would never allow the FBI, to look at their computers or servers.
Because the world is unjust and unfair.
We have a two tier legal system. Get over it.
Agree. And I think most of us get that. However, I think many are afraid that waiting too long to act on what we know, will end up, as it has a thousand times before, getting forgotten and not acted on at all.
We may be forced to conduct a tax strike to impress upon them their duties - no rule of law, no tax dollars from the people.
Democrats are LAW-LESS because Republicans are BALL-LESS!
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