federal code, death penalty eligible. >> the problem is you have to willfully seek to damage the u.s. or put soldiers in harm's way. i think he was given a promise and was stupid to accept the promise that they would vet through the material. >> he hacked into a website and then leakedded the information. isn't that espionage, which is death penalty eligible. >> absolutely. he had to hack the information and the espionage statute read obtaining or transmitting information involving national defense and injuring the u.s. -- >> gregg: you have to have that intent and i don't think that was going on. >> gregg: david, if the first amendment a protection here at all? i'm reminded of the pentagon papers case. >> no question about that. he believes what he was doing was in the interest ultimately of the united states and he does believe i'm sure that he's going
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