Legal Commentary

Over at ACSblog, I have a guest post up about yesterday's House Judiciary Committee hearing on "The Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks." In particular, I suggest that yesterday's hearing may have produced the conclusion that the true "answer" to the current problems with the Espionage Act is three different statutes--one for spies, one for government employees and contractors, and one for private citizens with no specific intent to benefit a foreign power. The devil is in the details, of course (especially for the third statute, which raises tons of First Amendment concerns), but my own view is that this would be a pretty good start...