OUTLINE OF POSITION RE DEATH PENALTY FOR ESPIONAGE

• Document Type: CREST
• Collection: General CIA Records
• 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
• Content Type: MISC

Sanitized Copy Approved for Release 2011/08/09: CIA-RDP05C01629R000100020009-6
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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
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