Skip to content

The DOJ And Special Counsel Jack Smith’s Sordid History Of Weaponizing The Espionage Act | The Federalist

The record shows that the DOJ is adept at using the Espionage Act as a cudgel to punish its political enemies.

Barely two weeks ago, the lawfare cabal at Just Security, led by Andrew Weissmann, the former senior prosecutor for the Robert Mueller special counsel investigation, released the second edition of their “model prosecution memorandum” to (presumably) help out his former colleagues at the Department of Justice (DOJ). The document seeks to offer up nearly any theory of law to “get Trump.”

Just Security bills itself as “an online forum for the rigorous analysis of security, democracy, foreign policy, and rights,” but in practice, the organization, funded in part by George Soros’ Open Society Foundations, is the legal beachhead of the Trump resistance. Their model document provides 186 pages of “throw the book at him” musings along with 222 separate footnotes and has largely telegraphed the DOJ’s legal strategy. The document is supported by a variety of public and nonpublic allegations (surely a mixture of leaked information and fabricated information if history is any guide). The fact that their roadmap nearly parallels the now-public indictment of former President Donald Trump is surely a coincidence.

Prosecuting Leaks and Foreign Spies

The “document retention” portion of the Espionage Act states:

§793. Gathering, transmitting or losing defense information

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it… (emphasis added)

Prominently in their model prosecution memorandum related to the Espionage Act is the acknowledgment that the statute is typically used for “leaking cases and foreign government spies.” Dismissing the DOJ’s historical circumspection regarding its applicability, the document proceeds to weave together a basis to charge Trump under the statute. It is unclear if the fan fiction roadmap was needed, as the record shows that the DOJ is in fact quite adept at using 18 U.S.C. 793 (e) as a cudgel to punish its political enemies. Take for instance the case of Thomas A. Drake.

Government Cudgels a Political Enemy

Drake Joined the National Security Agency (NSA) as an executive on Sept. 11, 2001. He quickly became concerned about illegal activities, waste, and mismanagement within the agency. Accordingly, he attempted to raise concerns through standard channels and even elevated his concerns to Congress as a whistleblower.

Eventually, after getting nowhere trying to blow the lid off both financial waste and abuse of Americans’ fundamental civil rights via certain NSA surveillance programs, he decided to leak certain controlled information to a media contact. The resulting stories about the Trailblazer program published in The Baltimore Sun in 2006 and 2007 embarrassed Michael Hayden’s NSA.

Our government rewarded his efforts in November 2007 with a raid on his home, initially suspecting him of being the source of the leaks that disclosed the agency’s warrantless wiretapping in a 2005 New York Times expose. He denied having anything to do with those leaks but acknowledged providing unclassified information to The Baltimore Sun.

After the raid of his home, which caused him to lose his job, the government sat on the case for nearly three years before indicting him in April 2010. The indictment levied five counts of willful retention of National Defense Information (the Espionage Act charges), one charge of obstruction of justice, and four counts of false statements, but the case was eventually pleaded to a misdemeanor. At sentencing, the judge excoriated the government, first for wasting the court’s time only to settle the case on the eve of trial for a misdemeanor, and second for jerking around the defendant for as long as they did.

THE COURT: What message is sent by the government, Mr. Welch … when the government dismisses a ten-count indictment a year after indictment, on the eve of trial, after days and days of hearings under the Classified Information and Procedures Act, and in what I find to be an extraordinary position taken by the government, probably unprecedented in this courthouse, for a case of this profile, literally on a Thursday afternoon before a Monday trial, subject to the government to be prepared as you will in a moment to dismiss the entire ten-count indictment and allow the defendant to plead guilty to a misdemeanor?

               …

THE COURT: And as I tell you, as I say to you, Mr. Welch, I find it extraordinary. I even talked to one of my colleagues about it, his career background is similar to mine, I find it extraordinary in this case for an individual’s home to be searched in November of 2007, for the government to have no explanation for a two year delay, not a two and a half year delay, for him to then be indicted in April of 2010, and then over a year later, on the eve of trial, in June of 2011, the government says, whoops, we dropped the whole case. . . .

Full Article | The DOJ And Special Counsel Jack Smith’s Sordid History Of Weaponizing The Espionage Act

Skip The Scoop | Seek Understanding

Facebook oversight board member rips social media giant as ‘inconsistent’ after Trump ban

Show Me

Utah County Censures Mitt Romney for Trump Impeachment Vote

Show Me

A Majority of Americans Support ‘Vaccine Passports’ for Some Activities, Poll Finds

Show Me

There Are Simple Reasons Liz Cheney Has To Go

Show Me

Scarlett Johansson urges boycott of ‘sexist’ Golden Globes unless organizers implement major reforms

Show Me

Biden’s new left of racial radicals: Goodwin

Show Me

Establishment Media Still Fixated on Donald Trump Four Months After Office

Show Me

Asian Parents Rally Against NYC Schools Chancellor

Show Me

Gordon Chang: Communist China Has Committed ‘Mass Murder’ of Americans

Show Me

Success Academy requiring all employees get vaccinated for COVID-19

Show Me

Lockdown ‘has helped to rot kids’ teeth’: Number of children with dental decay is set to soar

Show Me

As A Mother Grows

Show Me

Here’s How You Know Democrats Rigged and Stole the 2020 Election

Show Me

Nearly 9 out of 10 young adults want a Covid inoculation, survey finds 

Show Me

Minnesota gets creative in COVID-19 vaccine outreach

Show Me

Apparently, We See Once Again Everyone Is Vulnerable Except Dominion Voting Systems | “Ransomware Attackers Up Ante as White House Vows Crack Down”

Show Me

With Trump On The Sidelines & Biden In | “Jerusalem sees second night of clashes as Israeli security forces block Muslim pilgrims at mosque”

Show Me

Astronomers observe black hole ‘spaghettification’ of a star for the first time

Show Me

Arizona Formally Bans Post-Election Signature Fix for Unsigned Mail-In Ballots

Show Me

Trump planned Qassem Soleimani’s assassination from 2017 and wanted to wipe out a ‘list of folks’

Show Me

Feminist Author Naomi Wolf: Democrats Are ‘In An Embrace With Big Tech’ To ‘Consolidate Power’ | Video: 5 Minutes 1 Second

Show Me

POLICE STATE: Watch the moment a SWAT team arrests a Canadian pastor | Video: 2 Minutes 58 Seconds

Show Me

UMass Amherst students suspended for partying outside without masks

Show Me

From Peaceniks of 1960s to the Social Justice Warriors of 2020s: Some Cultural and Spiritual Insights

Show Me

Pope Francis Calls for ‘Temporary Suspension’ of Property Rights to Vaccines During ‘Vax Live’ Concert

Show Me

Violent Crime Surged in These Cities After Mass Black Lives Matter, Anti-Police Protests

Show Me

Gwyneth Paltrow drank whiskey ‘every night’ during COVID-19 lockdown

Show Me

The Civics Secures Democracy Act Is a Neo-Marxist Trojan Horse

Show Me

Bannon’s War Room | Saturday Edition Hour 1 | Recorded May 8, 2021 | Video: 48 Minutes 23 Seconds

Show Me

Bannon’s War Room | Saturday Edition Hour 2 | Recorded May 8, 2021 | Video: 48 Minutes 18 Seconds

Show Me

CDC Changes Rules for Counting Breakthrough Cases, as More Fully Vaccinated People Test Positive

Show Me

Woman In Mali Expecting Seven Babies Gives Birth To Nine

Show Me

Hundreds Of Children Were Shot In 2020 and Into 2021. Many Of Their Assailants Have Not Been Caught

Show Me

Exclusive—Josh Hawley Keeps His Children off Social Media: ‘Their Business Model Is Addiction’

Show Me

Rutgers to enroll 200 kids to take part in Pfizer COVID vaccine trial

Show Me

Apparently, Only Americans Are To Be Stalked By U.S. Government ‘Leaders’ | “Biden Order Rescinds Trump Plan to Collect Facial Scans, DNA From Immigrants”

Show Me

Krista Kafer: Will vaccine requirements set precedent we will regret?

Show Me

In-person school should be ‘mandatory’ for CPS students in the fall, CPS CEO says (Chicago)

Show Me

WATCH: Michelle Obama Claims That Black Lives Matter is ‘Taking to the Streets Because They Have To’

Show Me

More than 2,100 migrant children abandoned relatives to cross border alone after Biden took office

Show Me