- that the defendant had full knowledge of that fact;
- that the defendant failed to notify authorities; and
- that the defendant took affirmative steps to conceal the crime of the principal.
The elements of misprision of a felony, both of which must be proved to support conviction, are:
- concealment of something, such as suppression of evidence or some other positive act; and
- failure to disclose.
Seems like a pretty open and shut case against hundreds of top US officials and their private sector paid help.
So why aren't they on the run too?
But then wait, there may be a more
appropriate law to charge them under, one that could get them shot:
Misprision of Treason:
Under US statute, misprision of treason is a federal offense, committed where someone who has knowledge of the commission of any treason against the United States, conceals such knowledge and does not inform the President, a federal judge or State Governor or State judge (18 U.S.C. 2382). It is punishable by a fine and up to seven years in federal prison. It is also a crime punishable under the criminal laws of many states.
But, when it comes to high crimes in
government, some farmyard animals are more equal than others. Which
is why only Ed Snowden in on the run and those who committed the
crimes he reported are still drawing six-figure salaries while
complaining that Snowden broke their oath of Omert.