Intentionally Nefarious

Ok but why is he dressing like he’s on Deadwood now? https://t.co/yYeU2L8x9q

— Schooley (@Rschooley) June 8, 2023

I’m not going to spend a lot of time looking for the “nefarious intent” clause in the Espionage Act. Or the requirement of such intent in the case law. Pretty sure the statutory requirements of refusal to return on demand, or dissemination, don’t require it, either.

Intent lies in the refusal and/or in the act of dissemination.

I keep telling you mens rea doesn’t mean state of mind (“nefarious”), but rather state of knowledge (though not knowledge of the law, i.e., of the Code). That is, carrying out the act knowingly, v. negligently. Refusing to comply with a request or a subpoena, or showing classified documents to others, is rather hard to do without realizing you’re doing it. And that’s all the intent that’s needed.