Amend the Espionage Act: Public interest defenses must be allowed

Amend the Espionage Act: Public interest defenses must be allowed

In an editorial, the Pittsburgh Post-Gazette says:

It has been almost 102 years since the Espionage Act was signed into law by Woodrow Wilson.

Initially conceived as a means by which to “punish acts of interference with the foreign relations,” the act has since become a tool of suppression, used to punish whistleblowers who expose governmental wrongdoing and criminality. It is time that the law be amended to accommodate those who share information vital to the public interest.

Daniel Everette Hale, a 31-year-old former intelligence analyst, become the latest target of the weaponized Espionage Act with his recent arrest. Mr. Hale is accused of leaking classified documents between 2013 and 2015 regarding the Obama administration’s drone program.

The leaked information revealed details about the secret legal system used by the Obama administration to create lists of people to kill, including American citizens who had not been formally charged with crimes. It also revealed that the drone program is dangerously inaccurate, killing the wrong target as often as 90% of the time.

This information is clearly of substantive value to the public. The American people have a right to know who its government is killing and how it makes such decisions. Transparency ensures due process and ethical decision-making.

But Mr. Hale has been charged under the Espionage Act and, as a result, will be denied the right to make a “public interest defense.”

Sadly, Mr. Hale’s situation is not unique. He is the fourth individual to be charged by the Trump administration under the Espionage Act for leaking classified information to journalists. Terry Albury (FBI) and Reality Winner (NSA) are already serving prison sentences for their actions, while Joshua Schulte (CIA) has pleaded not guilty and is awaiting trial. Only the Obama administration prosecuted more whistleblowers under the Espionage Act — a total of eight people. [Continue reading…]

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