A federal court yesterday rejected (pdf) multiple defense motions to dismiss Espionage Act charges against former State Department contractor Stephen Kim, who is accused of leaking classified information to a Fox News reporter.
Mr. Kim’s defense team had marshalled a series of seemingly ingenious arguments for dismissal. The use of the Espionage Act to punish “political crimes” such as leaking is prohibited by the Constitution’s Treason Clause, one defense motion said. Further, the language of the statute appears to prohibit unauthorized disclosure of tangible items, such as documents, not “information” which cannot be surrendered on demand. Also, the defense argued, the Espionage Act is impermissibly vague and ambiguous with respect to oral disclosures. Finally, prohibitions against leaks are enforced and prosecuted rarely and unpredictably, rendering those rare cases intrinsically unfair.
None of these arguments gained any traction with the court, though the defense discussion of the Treason Clause was deemed “compelling and eloquent.” Judge Colleen Kollar-Kotelly dismissed all of the defendant’s objections in a memorandum opinion on August 24.
“To the extent that Defendant intends to argue that the information he is charged with leaking was previously disclosed or was not properly classified, he may do so as part of his defense,” Judge Kollar-Kotelly wrote, “but such arguments do not render the statute vague” or otherwise invalid.
The new ruling probably does not come as a big surprise to any of the parties. The surprise would have been if the court had overturned or reinterpreted the Espionage Act. Instead, the ruling leaves the existing legal apparatus in place, and clears the path for trial.
The Kim case is one of five Espionage Act prosecutions undertaken by the Obama Administration due to alleged unauthorized disclosures of classified information. A New York Times editorial today scolded the Administration for what it called the “misguided” use of the Act.
“With no allegation of a motive or intended harm to the US, the government’s use of Stephen as an example to deter the leaking of information is inappropriate,” according to a statement on Mr. Kim’s own web site.
X-Labs seek to expand on what FROs have shown is possible: the generation of foundational infrastructure for entire new fields of research science.
This is a tremendous opportunity to redefine what people expect from government, and in doing so, inspire cities across the country to raise their own ambitions. We are excited to see this initiative lead the way and look forward to cheering your success.
Despite significant political momentum behind reform efforts, limited attention has been paid to the federal workforce that will actually be responsible for interpreting and implementing new permitting regulations and better outcomes.
Nearly 150 organizations and government officials have endorsed the call to action and solutions for extreme heat, now public at HeatAgenda.US Washington, D.C. – July 7, 2026 – As millions of Americans continue to struggle to stay cool following one of the hottest Independence Day holidays on record, the Federation of American Scientists (FAS), one […]