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Culprit Behind Flynn Leaks Could Face Onslaught of Legal Troubles

Michael Flynn
Michael Flynn / AP
February 18, 2017

Whoever leaked intelligence about former National Security Adviser Michael Flynn's conversation with a Russian official could face decades of jail time if discovered.

Flynn was asked to resign as President Trump's national security adviser after he did not provide complete information about a phone conversation he had in December with the Russian ambassador to the U.S. The retired three-star general spoke to the ambassador about U.S. sanctions shortly after former President Barack Obama announced them.

Trump asked Flynn to step down from his post after it became public that he misled Vice President Mike Pence about what was discussed in the call.

U.S. intelligence officials had wiretapped the call, but the conversation did not become public until information on it was leaked to the Washington Post by "current and former U.S. officials," leading Trump to call the leakers the real wrongdoers in the situation.

The people behind the leaks violated federal law by disclosing classified information about Flynn's conversation with the Russian ambassador. That violation alone could put someone in prison for 10 years, and force them to pay a fine, under the Espionage Act.

Flynn's phone call to the ambassador, in particular, was a form of intelligence that was "highly classified" because it was wiretapped by U.S. intelligence officials, according to LawNewz.

Federal law could add another 10 years and a fine if the culprit(s) gave away "files" or "physical materials"regarding the information in question. In such a situation, law 18 U.S.C. § 641 prohibits people from stealing or releasing "any record, voucher, money, or thing of value of the United States or of any department or agency."

If discovered, those behind the leaks could also face five years in prison for lying about the incident, either through perjury, "false statements, or covering up material facts in a federal investigation."

LawNewz noted, however, that prosecutions involving these types of laws are rare.