Law Forum : Illegally Retaining Classified Information, Obstructing Justice, Making False Claims

Discussion in 'Law Forum - Prisons - Gun Ownership' started by UBNaturally, Sep 6, 2016.

  1. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    Former NSA Senior Executive Charged with Illegally Retaining Classified Information, Obstructing Justice, and Making False Statements
    April 15, 2010

    WASHINGTON—A federal grand jury in the District of Maryland has returned a 10-count indictment charging former National Security Agency (NSA) senior executive Thomas A. Drake with the willful retention of classified information, obstruction of justice, and making false statements, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.

    “As alleged, this defendant used a secret, non-government e-mail account to transmit classified and unclassified information that he was not authorized to possess or disclose. As if those allegations are not serious enough, he also later allegedly shredded documents and lied about his conduct to federal agents in order to obstruct their investigation,” said Assistant Attorney General Lanny A. Breuer. “Our national security demands that the sort of conduct alleged here—violating the government’s trust by illegally retaining and disclosing classified information—be prosecuted and prosecuted vigorously.”

    The indictment alleges that in approximately November 2005, a former congressional staffer asked Drake to speak with a reporter. Between November 2005 and February 2006, according to the indictment, Drake signed up for a free account and then paid for a premium account with an e-mail service that enabled its users to exchange secure e-mails without disclosing the sender or recipient’s identity. Using an alias, Drake allegedly then contacted the reporter and volunteered to disclose information about the NSA. The indictment alleges that Drake directed the reporter to create the reporter’s own secure e-mail account. After the reporter created such an account, Drake also allegedly required the reporter to agree to certain conditions, including never revealing Drake’s identity...​

    Read more
    https://archives.fbi.gov/archives/baltimore/press-releases/2010/ba041510.htm
     
  2. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    More for context....

    Hawaii Man Convicted of Providing Defense Information and Services to People’s Republic of China
    August 9, 2010

    WASHINGTON – A federal jury in U.S. District Court for the District of Hawaii today found Noshir S. Gowadia, age 66, of Maui, guilty of five criminal offenses relating to his design for the People’s Republic of China (PRC) of a low signature cruise missile exhaust system capable of rendering a PRC cruise missile resistant to detection by infrared missiles. The jury also convicted Gowadia of illegally communicating classified information on three other occasions and unlawfully exporting technical information on those three occasions, illegally retaining defense information, and filing false tax returns for the years 2001 and 2002. The jury acquitted Gowadia of three other offenses alleging illegal communication of information to the PRC.

    The prosecution also produced evidence which documented Gowadia’s use of three foreign entities he controlled, including a Liechtenstein charity purportedly for the benefit of children, to disguise the income he received from foreign countries. In addition to demonstrating that Gowadia under-reported his income and falsely denied having control over foreign bank accounts for the two tax years involved in his convictions, the evidence at trial revealed that Gowadia had not paid any income tax since from at least 1997 until 2005 when he was arrested.

    Chief U.S. States District Judge Susan Oki Mollway set sentencing for Nov. 22, 2010. At that time, Gowadia faces the following maximum terms of imprisonment.

    • Ten years imprisonment for each of three counts of willfully communicating classified national defense information to persons not entitled to receive it in the PRC and elsewhere, and one count of illegally retaining defense systems information at his Maui residence.
    • Ten years imprisonment for one money laundering charge based on proceeds from the Arms Export Control Act violations.
    Read more
    https://www.justice.gov/opa/pr/hawa...ormation-and-services-people-s-republic-china
     
  3. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    Folsom Naval Reservist Is Sentenced After Pleading Guilty to Unauthorized Removal and Retention of Classified Materials
    July 29, 2015

    SACRAMENTO, Calif. — Bryan H. Nishimura, 50, of Folsom, pleaded guilty today to unauthorized removal and retention of classified materials, United States Attorney Benjamin B. Wagner announced.

    U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.

    According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media.​

    Read more
    https://www.justice.gov/usao-edca/p...fter-pleading-guilty-unauthorized-removal-and

    Related sources...
    https://www.justice.gov/usao-edca/file/641316/download
    https://www.law.cornell.edu/uscode/text/18/1924


    Folsom was charged with a Class A Misdemeanor


    What Are Some Common Examples of Class A Misdemeanors?
    Every state categorizes misdemeanors differently. For example, one state may place DUI offenses under class A, while other states may list DUI’s under a different category. Some common examples of class A list of misdemeanor crimes include:


    Source
    http://www.legalmatch.com/law-library/article/class-a-misdemeanor-laws.html
     
  4. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    Right-Wing Media Run With Another Baseless Comparison With Clinton Emails

    Media spuriously likened Hillary Clinton’s email use to the case of Bryan Nishimura -- who was criminally charged with mishandling classified information -- after FBI Director James Comey announced the bureau would not recommend criminal charges against Clinton. Media figures seized on Nishimura’s 2015 charges to erroneously characterize Comey’s announcement as a double standard, but, as with the debunked comparisons of Clinton’s email use to David Petraeus’ and John Deutch’s cases, legal experts note that unlike Clinton, Nishimura knowingly mishandled classified information.​

    Read more
    http://mediamatters.org/research/20...her-baseless-comparison-clinton-emails/211379


    This argument in defense of Hillary Clinton's "careless" handling of classified information (or whatever) is that she didn't know what she was doing and it was a mistake.

    How does someone that was on the Senate Arms Committee and Secretary of State, not know how to handle classified information (or whatever)?

    Gross incompetence?

    But judge, she didn't mean to drink and drive, it was a mistake.
    Maybe this all has something to do with her mental health, because the more they defend her like this the more a case builds for mental impairment moments.

    What many deem "lapses of judgement"
     
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