The most troubling aspect of the prosecution of two former employees of the American Israel Public Affairs Committee (AIPAC) for mishandling classified information is that prosecutors have adopted an expansive new interpretation of the Espionage Act which could make criminals of many reporters, lobbyists and advocates who traffic in government information that may be classified.
But another worrisome feature of the case is that one of the AIPAC defendants is charged under a separate statute — 18 U.S.C. § 2 — with “aiding and abetting” an unauthorized disclosure of information.
(18 U.S.C. § 2 states that “Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.”)
The use of this “aiding and abetting” statute multiplies the impact of the government’s new theory of the Espionage Act since it means that anyone who facilitates or encourages the disclosure of proscribed information — as reporters and many others do in the course of their daily activities — is as culpable as the one who discloses classified information without authorization.
“It’s called being an ‘accessory before the fact’,” observed former CIA analyst Allen Thomson, who flagged the use of this provision in the AIPAC prosecution. He cited a law dictionary definition which explained that “an accessory before the fact is one whose counsel or instigation leads another to commit a crime.”
Punishing the solicitation or acquisition of restricted information could obviously be an effective way to discourage press attention to matters that the government wishes to conceal.
On the other hand, Mr. Thomson conjectured, the government’s “use of 18 USC § 2 against [AIPAC defendant Steven J.] Rosen … might provide reporters with a Fifth Amendment basis for refusing to talk to grand juries” since they could run the risk of self-incrimination. Any such Fifth Amendment claim could be defeated by a grant of immunity, however.
See, relatedly, “Pro-Israel Lobbying Group Roiled by Prosecution of Two Ex-Officials” by Scott Shane and David Johnston, New York Times, March 5.
Shifting the Paradigm on Breastfeeding to Build a Healthier Future for all Americans
Policymakers on both sides of the aisle agree that no baby should ever go hungry, as evidenced by the bipartisan passage of recent breastfeeding legislation and widely supported regulations. However, significant barriers remain.
The Trump administration has an opportunity to supercharge American energy dominance through MESC, but they must come together with Congressional leaders to permanently establish MESC and its mission.
While healthcare institutions are embracing decarbonization and waste reduction plans, they cannot do this effectively without addressing the enormous impact of single-use devices.
The United States has multiple policy tools that could be used to prevent U.S. reliance on Chinese made semiconductors.