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Old 06-03-2004, 10:44 AM   #4220
taxwonk
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Quick Question.

Quote:
Originally posted by ThurgreedMarshall
"Federal law prohibits disclosing the identity of a covert agent, triggering an investigation into the leak. Such a disclosure is a felony, punishable by up to 10 years in prison and a $50,000 fine."

Why isn't Novak subject to this penalty?

TM
It's a First Amendment issue. Technically, Novak didn't disclose the agent's identity; he merely reported information disclosed to him. The more interesting issue for me is whether or not Novak can be charged with misprision of a felony for not revealing his source, or if the First Amendment extends protection to him for not revealing a source even when he knows the source has endangered the life of another in the commission of a felony.
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