United States Department of Justice - Application for a Search Warrant of James Rosens Gmail Account (Excerpt)

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5. For the reasons set forth below, I believe there is probable cause to conclude that the contents of the wire and electronic communications pertaining to the SUBJECT ACCOUNT, are evidence, fruits and instrumentalities of criminal violations of 18 U.S.C. ยง 793 (Unauthorized Disclosure of National Defense Information), and that there is probable cause to believe that the Reporter has committed or is committing a violation of section 793 (d), as an aider and abettor and/or co-conspirator, to which the materials relate.

6. Based on my training and experience, and discussions with the United States Attorneys office, I have learned that Title 18, United States Code, Section 793(d) makes punishable, by up to ten years imprisonment, the willful communication, delivery, or transmission of documents and information related to the national defense to someone not entitled to receive them by one with lawful access or possession of the same. Specifically, Section 793(d) states:



(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it ... shall be fined under this title or imprisoned not more than ten years, or both.

18 U.S.C. ยง 793(d). Further, section 793(g) makes conspiracy to violate section 793(d) a violation of 793 and punishable by up to ten years imprisonment. See 18 U.S.C. ยง 793(g).

Date of text publication: 03.05.2021 at 04:32