Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Department of Justice asking that the Counterespionage Section of the National Security Division initiate an investigation into whether House Minority Leader John A. Boehner (R-OH) violated the law by leaking classified information.Now, Nate, listen closely: I think it was wrong of Rep. Boehner to release this information. I don't care if he is a Republican, a Democrat or a Martian. It was wrong. Bust him and everyone else who does it.
In a July 31, 2007 interview with Fox News anchor Neil Cavuto, Rep. Boehner disclosed an aspect of a Federal Intelligence Surveillance Act (FISA) court’s decision regarding warrantless wiretapping, stating:
There's been a ruling, over the last four or five months, that prohibits the ability of our intelligence services and our counterintelligence people from listening in to two terrorists in other parts of the world where the communication could come through the United States.
By telling a reporter that a FISA court has restricted the U.S. intelligence community's surveillance of suspected terrorists overseas, Rep. Boehner appears to have transmitted information relating to the national defense in violation of 18 U.S.C. § 793(d).
18 U.S.C. § 793(d) provides that anyone with lawful possession of information relating to the national defense, which could be used to the injury of the United States, who willfully communicates that information to any person not entitled to receive it, is subject to up to ten years imprisonment.
When I was in the Navy, we were warned that even something as simply as ship's movement information was classified and could be prosecuted if leaked.