Espionage Act

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Pending Supreme Court Case Complicates Special Counsel Smith’s Choices

Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
Folder marked Classified with spy camera and thumb drive

Expert Backgrounder: Secret Evidence in Public Trials

How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…
The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Model Prosecution Memo for Trump Classified Documents

"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…
Reporters watch a CNN town hall featuring Donald Trump on a screen.

Trump’s Most Pivotal, Incriminating Admission on CNN

"But why is this admission so pivotal to the potential outcome of a trial? The answer is location, location, location."
The Attorney General stands in front of a U.S. flag and a sign that read "Department of Justice"

I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.

Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.
US Attorney General Alberto Gonzales raises his right hand at a committee meeting.

Could Biden Face Charges? The Alberto Gonzales Precedent Says Not

The Gonzales declination appears to be a precedent that will weigh heavily in favor of DOJ closing its Biden investigation without a charge.
Donald Trump stands in front of a podium. The space behind him is darkened.

Tracker: Evidence of Trump’s Knowledge and Involvement in Retaining Mar-a-Lago Documents

"We have compiled a comprehensive account of the publicly available information."

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago

To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
Attorney General nominee Merrick Garland testifies during his confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on February 22, 2021 in Washington, DC.

A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records

The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
A demonstrator protests outside of the Old Bailey court in central London on September 14, 2020, where the extradition hearing against WikiLeaks founder Julian Assange's has resumed. A billboard on a truck reads, "Don't extradite Assange. Journalism is not a crime." The demonstrator wears a Guy Fawkes mask and holds a sign reading, "Stop this political trial."

It’s Assange in the Dock, But It’s National Security Journalism on Trial

The Justice Department’s indictment of Assange under the Espionage Act was intended to deter journalism that is vital to American democracy.
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