You don’t have to be a spy to violate the Espionage Act – and other crucial facts about the law Trump may have broken
The federal court-authorized search of former President Donald Trump’s Florida estate has brought renewed attention to the obscure but infamous law known as the Espionage Act of 1917. A section of the law was listed as one of three potential violations under Justice Department investigation.
The Espionage Act has historically been employed most often by law-and-order conservatives. But the biggest uptick in its use occurred during the Obama administration, which used it as the hammer of choice for national security leakers and whistleblowers. Regardless of whom it is used to prosecute, it unfailingly prompts consternation and outrage.
We are both attorneys who specialize in and teach national security law. While navigating the sound and fury over the Trump search, here are a few things to note about the Espionage Act.