In the previous article, though suggested in the government’s Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause, of February 7, 2017, it really didn’t get to the heart of “Prior Restraint”. So, let’s get to the heart of that matter.
Let’s start with the law that explains the potential severity of publication of certain information, in a case similar to what the government and Judge Anna J. Brown are attempting to construct against me. Section 793 (e) of the Espionage Act was cited as the authority by which the government attempted to impose “Prior Restraint” on the New York Times for publishing what was known as the “Pentagon Papers”. The Papers had been leaked to the press by a government employee who had signed a non-disclosure agreement (not just based upon a Protective Order), which precluded that employee from divulging any information protected by Section, 793 (e):
Let’s review this whole situation from the beginning. After all, it has taken a month and a half to get to this point, so perhaps a refresher is in order.
On January 5, 2017, I was hand served a “Cease and Desist Letter” by an FBI agent. Since the service was disclosed on Facebook, I wrote a “Statement with regard to the Freedom of the Press“, on January 6. That was followed with a series entitled “Freedom of the Press“, beginning on January 7 entitled Freedom of the Press #1 – Meeting with the FBI. The following day, January 8, I explained the Cease and Desist Letter with Freedom of the Press #2 – Cease and Desist.
These events were preceded by a number of articles that I had written in the “Burns Chronicles” series. In those articles, I exposed FBI informants associated with the occupation of the Malheur National Wildlife Refuge outside of Burns, Oregon. The information used to identify and expose the informants was derived from some Discovery documents I had obtained.