OUTLINE OF POSITION RE DEATH PENALTY FOR ESPIONAGE

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP05C01629R000100020009-6
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 22, 2016
Document Release Date: 
August 9, 2011
Sequence Number: 
9
Case Number: 
Content Type: 
MISC
File: 
AttachmentSize
PDF icon CIA-RDP05C01629R000100020009-6.pdf190.32 KB
Body: 
Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6 Iq Next 4 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6 Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6 18 ? 793 CRIMES Note 24 Tense chose not to locate or call any wit- nesset, will had been Connected with Of flee of Strategic Servb'e- Id Defendant, convicted of conspiracy to obtain defense information, was not entI tied to new trial for assertedly newly discovered evidence that his brother who had testified against defendant had as- sertedly been incompetent as witness by reason of mental condition which govern- ment allegedly failed to disclose, where defendant actually knew of brother's mental condition defendant was experi? enced psychiatrist and it was decided as matter of defense strategy not to subpoe na or request production of medical re- ports or to put psychiatrist on stand. Id. V. noulilr jeepard! Ind,, tmeut chsrgine that defendant wiltutlc ane?nipted to communicate and tran-mil docuuuent? relating to national defense to one not entitled to receive them. with reason to believe that they would be used to injury of the United States and to advantage of a foreign na tion, would not he dismissed on ground that trial thereunder would constitute double jeopardy because defendant had been convicted under an Indictment charging that she obtained possession of documents with specific Intent that Infor- mation be used to injury of the United States and to advantage of a foreign na- tion, since indictments involved different offenses. U. S. v. Coplon. D.C.%.Y.1949, $. F.Supp 910. ? 794. Gathering or delivering defense information to aid foreign government (a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign na- tion, communicates, delivers, or transmits, or attempts to communi- cate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any represen- tative, officer, agent, employee, subject, or citizen thereof, either di- rectly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life. (b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communi- cates, or attempts to elicit any information with respect to the move- ment, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the forti- fication or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be pun- ished by death or by imprisonment for any term of years or for life. (c) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspir- acy, each of the parties to such conspiracy shall be subject to the pun- ishment provided for the offense which is the object of such conspira- cy. June 25, 1948,. c. 645, 62 Stat. 737; Sept. 3, 1954, c. 1261, Title II, ? 201, 68 Stat. 1219. Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6 Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6 `2s E c wt c wo ec. - o- rra `' ecu co cc u v soya 5 E` w c~ o E ..>. E }o cr E +? o aic + f a ~?-I E E Z. It a- W ~t a o ? '~ + W xE tic ma c cE e? >? lb.'s c Ei: ,.~.E Y rcyE v~~ .taa 3>. a Y~'3o? a !!s v Q X! E+ e e o v= .5 3 ca+.-C X c -Z c ? ?c c^ Q, i"~?a~i" ass + t. ccd a~ w a c E be r-- EJ o E!=" ~ E a ?.1 w a ? a ? tae ~~ + car p o o a+ ec v E > c oL o >.+ Z r Eec,;` He r_ ,c E 6c c o e ~' r~ ? W >. 'q G .~ Y 7 C ?p 'g ?~ ~' - a. OC E e d 01 L r Ea~?~~sw Ea` 'v c? o ?~ D o a u r.t s ? > W .- ~, of ~, F 0.C w d + r. C Y d v t6 v..+ .+ r ? a ~?s+ = ?-'g am r? x c o z> ? ao a,.u E E :o o. E E+ .. o- E +~ s u c c> r n o a E E a_r E tom= as .~ E. t bL 16 c u ec 4; E+ g ~ g o a s ^y : s v o c c 3 d oc ,~ OtoOt Z to v:?.$c EG~,~ac$ ?~~u3>.u~ur?c S .am.c t? 2c ?y~oee ?a.Ldaa.,eo d ao i t 3 Era E:;o Ec Eu '~ c casE d.?..~75 w cu Q 3fc Z Ecv ~E ~aci bl 401 $Fr'~' ec b'-> >- vQ $"`c N C V a V a f E e n + 5 m c c a d ee + c e c ?C .-? w N M R1 ~ C> 46 A E:E-,E .'L3~ ~tmtVn