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For more than 100 years, the Espionage Act, one of the worst laws in American history, has stayed on the books, impervious to reform.
A relic of World War I, when the government sought to stifle anti-war dissent, the law is so vague and yet so draconian that it has become a handy weapon for federal prosecutors to use against a wide array of targets — often individuals considered politically dangerous by mainstream America. For generations, it was used against American communists; in the 21st century, the Espionage Act has been repeatedly employed against whistleblowers who disclose embarrassing government secrets to the press. The Biden administration is now fighting to extradite Julian Assange, the WikiLeaks founder, so he can be tried under the Espionage Act, among other charges.
It’s easy to see why prosecutors love this antiquated law. Unlike other measures that might be used to prevent the disclosure of classified information, the Espionage Act carries extraordinarily heavy penalties, including life in prison. Prosecutors use the Espionage Act like a cudgel, convincing whistleblowers to plead guilty to a lesser charge, like mishandling classified information, to avoid a lengthy prison sentence. That way, prosecutors get quick convictions without going to trial.
Because prosecutors find the Espionage Act such a useful tool, it is probably not going away anytime soon. It is an abuse of the legal system, but the Justice...
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