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I've seen it suggested elsewhere that if the leaker is some janitor (or whatever) who fished the draft out of a garbage can, there could be criminal charges. Anyone know exactly what those charges would be? (Disclosure: I'm a paralegal working for a major Medicaid subcontractor and currently earning a MLS degree, but this is way above my level of legal knowledge.)

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I haven’t researched the issue, but theories I’ve seen floated include (1) theft of government property, 18 USC 641, and (2) interference with a judicial officer of the United States, 18 USC 1503.

Ironically enough, though, this Court has generally made it harder to stretch criminal statutes to capture conduct that’s not clearly covered.

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I have read some good legal analysis on 641 but haven't seen anything on 18 USC 1503.

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