For all the legal people on this board...

CKJLR

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I have a CIA agent who has passed along helpful information to an international criminal/terrorist willingly. What specifically would he be charged with? What would be the exact terminology? I know he's going to be charged with helping the terrorist but I'm not in the legal field. Also could you give me the section and/or title of the Patriot Act the situation would fall under?
 

Duncan J Macdonald

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I have a CIA agent who has passed along helpful information to an international criminal/terrorist willingly. What specifically would he be charged with? What would be the exact terminology? I know he's going to be charged with helping the terrorist but I'm not in the legal field. Also could you give me the section and/or title of the Patriot Act the situation would fall under?


I'm not a legal person (just check my avatar!) but does it specifically have to be the Patriot Act?

Check 18 USC § 798 - Disclosure of classified information

The Patriot Act had a section that would have covered your situation (section 805 -- prohibited "material support" for terrorists, and in particular included "expert advice or assistance.") but that particular section was struck down as unconstitutional.

--Duncan
 

Duncan J Macdonald

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If you want it to be as serious as possible, make it treason (18 USC, Ch. 115, Sec. 2381-2390). That can mean the death penalty.

http://www.law.cornell.edu/uscode/text/18/part-I/chapter-115

Treason is specifically § 2381. The definition is narrowly bound, and the choice of sentence is death or 5 years. Kind'a hard to prove with just passing information. If Chapter 115 is what you want, then I'd go with § 2383 - Rebellion and Insurrection. That one carries a 10 year sentence, and is easier to fit to the described actions.
 

thothguard51

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Aiding and abetting...

Also, everyone who works for the CIA has to sign off on certain form about disclosing information to anyone not authorized to receive such information...

There are many cases where people in the CIA, Military or other federal agencies have been charged with treason at first and depending on their cooperation had the charges reduced.

The Walker family is one that keeps coming to mind and the information they passed along helped the soviets develop stealthy props for their submarines. If I remember right.

Then there is also the Hansen case and the information he passed along got double agents killed. He got life, not the death penalty.