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July 21, 2004

More on Inadvertent misbehaviour

From Instapundit - the law that is applicable to Sandy Berger's misbehaviour:

Sec. 793. - Gathering, transmitting or losing defense information
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,
(1)
through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2)
having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer -

Shall be fined under this title or imprisoned not more than ten years, or both.

I suspect the only reason he has not yet been indicted is because he is a highly connected Democrat. If any of us non-politically connected people did the same thing, believe me, we would be prosecuted. Just as Sandy Berger should.

It does not matter if he did it inadvertently

Posted by Beth at July 21, 2004 05:26 AM