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People get charged for the act of leaking classified information. Hell, our president (ugh) did.
But the key is that what they actually leaked is never discussed outside of closed door sessions. And it is almost always as part of a lesser, easier to prove, treason or espionage case.
But actually charging someone because they talked about the space aliens? THAT becomes a huge problem. And that is what we are looking at here.
So…
Time to musk impregnating ivanka or needing to buy her a horse?