Could the National Security Archive be prosecuted under the Espionage Act for publishing historical documents that U.S. intelligence agencies now say are classified?
Could Secretary of State Condoleezza Rice be detained for continuing to publish historical intelligence records on the State Department web site that the CIA has flagged as classified?
Could thousands of historians and librarians around the country be arrested for retaining and circulating volumes of the State Department’s Foreign Relations of the United States (FRUS) series that are now considered to contain classified documents?
These seem to be silly questions.
And yet the theory of the Espionage Act that has been adopted by the government in its prosecution of two former officials of the American Israel Public Affairs Committee (who are not charged with espionage) may extend even to silly cases such as these.
The Espionage Act’s prohibitions on the unauthorized retention and transmission of national defense information apply to “whoever” may violate them, the government insisted in a January 30 motion.
“Whoever means, ‘no matter who’,” the government contended. “The statute covers ‘anyone’.”
Until now, the Espionage Act has never been interpreted this broadly, and for good reason. Using the Act to penalize the public receipt and distribution of government information leads to absurd conclusions.
We came out of the longest shutdown in history and we are all worse for it. Who won the shutdown fight? It doesn’t matter – Americans lost. And there is a chance we run it all back again in a few short months.
Promising examples of progress are emerging from the Boston metropolitan area that show the power of partnership between researchers, government officials, practitioners, and community-based organizations.
Americans trade stocks instantly, but spend 13 hours on tax forms. They send cash by text, but wait weeks for IRS responses. The nation’s revenue collector ranks dead last in citizen satisfaction. The problem isn’t just paperwork — it’s how the government builds.
In a new report, we begin to address these fundamental implementation questions based on discussions with over 80 individuals – from senior political staff to individual project managers – involved in the execution of major clean energy programs through the Department of Energy (DOE).