The Case against Michael Ray Aquino

Read this first.

(speculation alert!) I don't think it was Aragoncillo and Aquino's intention to "steal" any sensitive information from the US government. It's more like Aquino knows somebody from the FBI, and asks Lacson if he wants the FBI to do a search on Jose Pidal's bank accounts or properties in the US, or what dirt the US has on Gloria Macapagal Arroyo and FG Mike Arroyo. Aquino never thought he was doing anything illegal because he was dealing with an FBI officer naman in Aragoncillo.

I mean, kung may kakilala ako sa FBI, I'd probably try asking that guy to do a check kung may hidden wealth rin ang mga Pidals sa US. Pero since bawal pala pati yung ganun, eh wag nalang.

It reminds me of how Lacson got some of his evidence sa Pidal case. If you'll recall, Lacson also had many documents (mostly photocopies) na ginamit niya as evidence vs. Jose Pidal. Mahusay provided some documents, but Lacson said he got the rest from bank and gov't insiders who gave him copies of checks and other pidal papers. Kaya nga gusto ng mga kaalyado ni Arroyo sa senado na ilabas ni Lacson ang original copies eh, dahil alam nilang bawal yon under the "bank secrecy law," at mahuhuli nila kung sino yung whistleblower na tumutulong sa expose ni Ping Lacson.

eto naman ang report ng PDI on Espionage:

What is espionage?
Sept 14, 2005
Updated 05:36am (Mla time)

Inquirer News Service

ESPIONAGE is the act of spying or getting secrets from rivals for military, political or economic advantage.

The United States' Espionage Act of 1917 prohibits getting, copying, passing or receiving classified information concerning its national defense, if it can injure the United States or benefit a foreign country.

Classified information is defined as data designated by the United States for restricted distribution because of national security. A security clearance is needed to access classified information.

Under the Act, punishment for espionage in times of peace was imprisonment of not more than 20 years. Death or imprisonment of not more than 30 years was applicable only if espionage was committed during war.

Starting 1954, the punishment for peacetime espionage ranges from imprisonment of less than 10 years to death, depending on the existence of aggravating factors including grave risk to national security and prior espionage and treason.

A person, who willfully or through negligence allows espionage to be committed, shall pay a fine not more than $10,000 or shall be imprisoned for not more than two years, or both. Cyril L. Bonabente, PDI Research

An example is the recent case against former Clinton National Security Adviser Sandy Berger. Basahin nyo yung ginawa niya last year at ang magaan na parusa na ibinigay sa kanya. Read the part where he took home classified documents, then used scissors to cut the classified documents to tiny pieces:

Sandy Berger to plead guilty on documents charge
Prosecutors recommend fine, but not jail, for ex-Clinton adviser
By Terry Frieden
CNN

WASHINGTON (CNN) -- Federal prosecutors will recommend that former national security adviser Sandy Berger be fined $10,000 and lose his security clearance for three years, but receive no jail time, sources said.

The Justice Department announced Thursday that Berger would plead guilty to illegally removing classified documents from the National Archives.

Berger, adviser to former President Clinton, was expected to enter the plea in U.S. District Court in Washington Friday to a single count of "unauthorized removal and retention of classified material," officials said.

The misdemeanor carries a maximum penalty of one year in prison and a $100,000 fine.

Reacting to the news of the plea deal, Berger's attorney, Lanny Breuer, said Thursday, "Mr. Berger has cooperated fully with the Department of Justice and is pleased a resolution appears very near."

The charging document states that between September 2 and October 2, 2003, Berger "knowingly removed classified documents from the National Archives and Records Administration and stored and retained such documents at places ... including his place of employment."

An associate of Berger told CNN the former national security adviser admitted to the Justice Department he originally took five copies of an after-action report -- one during his September 2003 visit to the Archives and four during his October 2003 trip.

When he returned to his office and compared the copies he had, he believed several were basically the same, the associate said.

He admitted to officials that he then used scissors to cut up three copies that night while at his office, they said. At first he had said he had either misplaced or unintentionally thrown them away.

When Archives officials contacted him after they realized documents were missing, he told them about the two copies he had and returned them, along with the handwritten notes he had taken, they said. He did not say anything about the three copies he had destroyed.

Clinton had asked Berger to review thousands of pages of documents related to the millennium terror plot and its aftermath for submission to the September 11th commission. While reviewing those documents, his lawyer said, Berger inadvertently took some classified documents and intentionally took handwritten notes he put together while reviewing the documents.

Last July, when the removal became public, Berger told reporters he had made an "honest mistake."

"It is one I deeply regret. I dealt with this issue in October 2003, fully and completely. Everything that I have done all along in this process has been for the purpose of aiding and supporting the work of the 9/11 commission and any suggestion to the contrary is simply, absolutely wrong," Berger said.

Slap. On. The. Wrist.