The Lawfare Podcast: Sam Lebovic on the Espionage Act's Unlikely History

Former President Trump’s prosecution for mishandling classified documents at his Mar-a-Lago estate has brought an old law back to the front pages—the Espionage Act.

Enacted more than a century ago, parts of that law allowing for the prosecution of those who mishandle or unduly disclose sensitive national security information, have helped provide the legal infrastructure for the modern classification system used to protect our country's most important secrets. And by some accounts, to limit debate over some of its most controversial policies.

In his new book, “State of Silence,” George Mason University History Professor Sam Lebovic provides a fast-paced and eminently readable account of the Espionage Act, from its early-20th-century origins, through the various twists and turns that have led it to be applied to government leakers and former presidents alike. Lawfare Senior Editor Scott R. Anderson sat down with Lebovic to discuss the unlikely evolution of the Espionage Act, the role that it has come to play in our national security system, and how it might be changed to better reflect our democratic values.