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U.S. v. ROSEN

No. 1:05CR225.

445 F.Supp.2d 602 (2006)

UNITED STATES OF AMERICA, v. Steven J. ROSEN, Keith Weissman.

United States District Court, E.D. Virginia.

August 9, 2006.

Attorney(s) appearing for the Case

Kevin Digregory, William N. Hammerstrom, Jr., United States Attorney's Office, Alexandria, VA, for United States of America.

John N. Nassikas, III, Arent Fox PLLC, Washington, DC, for Steven J. Rosen, Keith Weissman.

MEMORANDUM OPINION

ELLIS, District Judge.

In this Espionage Act prosecution, defendants Steven Rosen and Keith Weissman have been charged in Count I of a superseding indictment with conspiring to transmit information relating to the national defense1 to those not entitled to receive it, in violation of 18 U.S.C. § 793(g). Defendants, by pretrial motion, attack the constitutionality of § 793 in three ways. First...

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