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YES, he CAN (and WILL) be prosecuted. Look at the case of Ben-ami Kadish or Jonathan Pollard. You spy for a foreign power, whether they be friendly or not, you're eligible for prosecution, whether or not a memorandum of understanding exists between the two countries.

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Q: A soldier is charged with spying after being caught providing NATO military information to the Israeli Embassy The soldier cannot be prosecuted because?
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