Criminal Justice & the Rule of Law

The Lawfare Podcast: We Need To Talk About the Espionage Act

Jen Patja, Heidi Kitrosser, Benjamin Wittes
Thursday, June 15, 2023, 12:00 PM
The first 31 counts of the Trump Mar-a-Lago indictment all are under the Espionage Act. Heidi Kitrosser joins to discuss the law, its history, and the problems with it. 

Published by The Lawfare Institute
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The first 31 counts of the Trump Mar-a-Lago indictment all are under the Espionage Act, which has led to a lot of confusion because Trump is not accused of spying. Heidi Kitrosser is a professor of law at Northwestern University and an expert on the Espionage Act. She wrote a recent piece in Lawfare about the Espionage Act and its history of prosecutions during the Trump Administration. She joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the law, its history, the problems with it, and how overbroad it is in some areas—and why none of those areas implicate the Trump indictment. It's an interesting conversation that covers media prosecutions, prosecutions of leakers, and prosecutions of spies, and it will give you all the background you need to understand the controversy about the charges against Trump. 

 


Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Heidi Kitrosser is the William W. Gurley Memorial Professor of Law at the Northwestern University – Pritzker School of Law. Kitrosser is an expert on the constitutional law of federal government secrecy and on separation of powers and free speech law more broadly. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution (U Chicago Press, 2015) was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. In 2017, she was awarded a Guggenheim fellowship.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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