Bad Signal: An Ugly Mistake, and No One Will Be Held Accountable https://t.co/LzyAds4Dur
— Jim Geraghty (@jimgeraghty) March 25, 2025
Another journalist playing prosecutor (he picked this fight).
From Geraghty’s story:
“Every U.S. government official on that Signal text chain who discussed classified information committed a crime. Under 18 U.S. Code § 798, “Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person . . . classified information . . . shall be fined under this title or imprisoned not more than ten years, or both.”
“Knowingly and willfully communicates…”
“Willfully” — as used in this statute means
“A person acts willfully if he acts intentionally and purposely and with the intent to do something the law forbids, that is, with the bad purpose to disobey or to disregard the law. Now, the person need not be aware of the specific law or rule that his conduct may be violating. But he must act with the intent to do something that the law forbids.”
That was a jury instruction defining “willfully” that was approved by the Supreme Court in Bryan v. U.S. in 1998.
Geraghty also references a DOD civilian employee who just four days ago pled guilty — according to Geraghty — “unauthorized removal and retention of classified material.”
No — he pled guilty to unauthorized removal and retention of documents with classified markings and containing classified information under 18 U.S.C. Sec. 1924. He did not disclose them to anyone else. That statute does not have a “willfullness” requirement as does the statute Geraghty claims was violated by the Signal chat.
The Signal communications involved no “documents.”
He also cites a case involving a CIA analyst who downloaded classified documents and published them on social media — this was the publication of the Israeli attack plan on Iran.
Intentionally publishing classified documents with “national defense information” on social media meets the standard of “willfullness.”
That’s not the same as discussing classified information in a chat group where you don’t realize an unauthorized person is among the recipients.
Lastly, he refers to the prosecution an US Air National Guardsman — here is a description of his offense conduct: “Teixeira also allegedly posted images of classified documents to the social media platform, which bore standard classification markings – including “SECRET,” “TOP SECRET.”
Again, that meets the “willfully” standard, but shows how much more is required than is involved in the Signal chat he writes about.
I warned you yesterday that being clever is not the same as being smart.
Since White House says info in the chat was not classified, seems like @JeffreyGoldberg has the all clear to lay out everything in there….
— Josh Gerstein (@joshgerstein) March 25, 2025
Now we have a journalist playing defense attorney:
Goldberg might want to consult with counsel regarding the language of 18 U.S.C. Sec. 793(e).
I would have thought that was familiar to Josh since it was the main charge in the Mar A Lago documents case.
Make sure to pay attention to the two different clauses related to “materials” (documents, writings, books, maps, etc.) and “information.”
Goldberg is PROBABLY on safe ground — but “classified” information and “national defense information” are not the same thing.
And apparently Signal was approved for use on Govt phones by the Biden Admin. https://t.co/l3sKqB6bQ0
— Shipwreckedcrew (@shipwreckedcrew) March 25, 2025
Imagine the feckless “But what about…” conversations on Signal between the members of the Biden national insecurity team?
— Shipwreckedcrew (@shipwreckedcrew) March 25, 2025
For whatever reason, this is a stupid mistake. I’m sure it will be resolved as to what and how it happened, but it’s not a crisis. All it reveals is how absolutely and pathetically desperate the Democrats are for that “silver bullet” that will substitute for them having good policies and competent candidates.
Making it a Crime to denounce the UN as a Globalists Socialists Leftists Crime Syndicate and call Ham-A** as Terrorists and refer to Gates, Soros and Schwab and Crime Lords
NRO has been “bush Republican’ for decades!
Who Ronny did not back GHWB NeoCommie editor said, “what a “good”Republican Ronny is! Won’t even back GHWB!”! They still had a few conservatives in their pay 33 years ago. One, I think VDH, said “Ronny has always loved America! Never would back an America hater! Go to CIS(for those <70 CIS was “The Net” 35 years ago) search “Kinder Gentler 1989!”
Jonah “went to ground” He now writes for that well known conservative LATimes.
That the leftists at NRO attack a conservative is what they have done for 40 yers!