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Last week a federal judge ruled private citizens could be prosecuted if the government decides they have received or disclosed information harmful to national security.
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The seperation of powers which our constitution expressly requires negates your argument that the Bush administration is at the heart of the issue. I suspect the judged looked at the law which is created by congress (more seperation of powers), and based the ruling on what USC states.
Just too many branches of US Gov't involved for it to be Bush's fault.