FAS

Reclassification and the Espionage Act

02.23.06 | 1 min read | Text by Steven Aftergood

Could the National Security Archive be prosecuted under the Espionage Act for publishing historical documents that U.S. intelligence agencies now say are classified?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.

publications
See all publications
Education & Workforce
day one project
Policy Memo
Moving Federal Postsecondary Education Data to the States

Moving postsecondary education data collection to the states is the best way to ensure that the U.S. Department of Education can meet its legislative mandates in an era of constrained federal resources.

10.24.25 | 6 min read
read more
Education & Workforce
day one project
Policy Memo
Investing in Young Children Strengthens America’s Global Leadership

Supporting children’s development through health, nutrition, education, and protection programs helps the U.S. achieve its national security and economic interests, including the Administration’s priorities to make America “safer, stronger, and more prosperous.”

10.23.25 | 9 min read
read more
Education & Workforce
day one project
Policy Memo
AI Implementation is Essential Education Infrastructure

To strengthen federal–state alignment, upcoming AI initiatives should include three practical measures: readiness assessments before fund distribution, outcomes-based contracting tied to student progress, and tiered implementation support reflecting district capacity.

10.22.25 | 9 min read
read more
Environment
Press release
Bipartisan Fix Our Forests Act (S. 1462) Clears Senate Committee, a Crucial Step Forward for Wildfire Resilience

“FAS is very pleased to see the Fix Our Forests Act, S. 1426, advance out of Committee. We urge the Senate to act quickly to pass this legislation and to ensure that federal agencies have the capacity and resourcing they need to carry out its provisions.”

10.22.25 | 2 min read
read more