[alexqgb]

Sorry, but even the most agressive prosecutor is highly unlikely to bring a charge that is so easily and cleanly dismissed. It's like trying to charge someone with the murder of a person who clearly isn't dead. Our justice system has gotten hyper-agressive, but it's not that bad. At least not yet.

A far more likely tack would be trying him under the Espionage Act, which is vague enough to make prosecution easy and defense hard. Relatively speaking, at least.