Prosecute This

Publius rips the Espionage Act interpretation which would hang Libby out to dry. I think he's dead on. If you indict Libby on the EA using such a broad interpretation, you not only violate a pretty standard rule of criminal statute interpretation (criminal statutes are to be interpreted narrowly), but you also make almost everyone involved in any leak of any information which isn't publicly available a felon. The consequences far outweigh any benefit of catching Scooter. The reading Publius gives has my endorsement. EA was intended to criminalize disclosure of info to hostile states or hostile non-state actors. There is always the possibility that such occurred, but no one has any evidence of that, so far as I've seen.

Now remind yourself, Scooter is already going to jail. I've re-read the indictment a couple of times. And I'm 100% positive that there is no way this guy is going to avoid jail time. None. Zero. He's going up the river. I fully expect Libby to change his plea to reduce the sentence. But a sentence there will be.

So let's take up the suggestion of Publius and start start with the IIPA. Can we get Scooter on this statute? Here's the text. Pay careful attention to the definitions. I don't have an opinion yet, but would love to hear yours.