United States v. Samuel Loring Morison, the Washington Post Cbs, Inc., Amici Curiae

*1060DONALD RUSSELL, Circuit Judge:

The defendant is appealing his conviction under four counts of an indictment for violation of 18 U.S.C. § 641, and of two provisions of the Espionage Act, 18 U.S.C. § 793(d) and (e). The violations of the Espionage Act involved the unauthorized transmittal of certain satellite secured photographs of Soviet naval preparations to “one not entitled to receive them” (count 1) and the obtaining of unauthorized possession of secret intelligence reports and the retaining of them without delivering them to “one entitled to receive” them (count 3). Counts 2 and 4 of the…