WASHINGTON – The Senate sergeant-at-arms released a report Thursday that did not conclude whether any criminal activity took place when two Republican aides accessed and then leaked computer files containing memos written for Democratic eyes only.
However, Sergeant-at-Arms William Pickle (search) did suggest that several statutes may be relevant or may have been violated and laid out findings and criteria that could be used for possible referrals for discliplinary action and criminal prosecution. The report does not make any specific recommendations.
Among the statutes named were
— USC section 1030(a)(2)(B): Computer fraud and abuse act, a misdemeanor punishable by fine and/or one year prison
— 18USCODE Section 641: Embezzlement or theft without authority of any record or thing of value to the United States, any department or agency. Whoever receives, conceals or retains the record with the intent to convert it to his use or gain knowing that it has been stolen shall be fined, imprisoned not more than 10 years, or both.
— 18USCODE Section 1001: False statement or lying to investigators.
The report suggests that referral for prosecution may raise issues of whether any Washington, D.C. laws were violated. It also lists relevant rules that could be cited if possible violations were to be referred to the Senate ethics committee.
— Rule 29.5: Any senator, officer or employee who shall disclose the secret or confidential business or proeceedings of the committees ... shall be liable, if a senator, to suffer expulsion from the body and if an officer or employee, to dismissal from the service of the Senate and to punishment for contempt.
— Rule 8.4: ABA Model Rules of Professional Conduct states that it is professional misconduct for a lawyer to, among other things, "engage in conduct involving dishonesty, fraud, deceit or misrepresentation."
Fox News' Julie Asher contributed to this report.