The Espionage Act is an embarrassment that would make Marcos or Suharto squeamish, but it’s of course not completely impossible there’s an actual espionage offense in Trump’s case somewhere (just as obviously, no evidence of this has been produced). Julius and Ethel Rosenberg were tried under the Act for giving bomb secrets to the Soviets, as Michael Beschloss and Michael Hayden just helpfully reminded us. However, in modern times, the Espionage Act is more associated with talking to the Times, ABC, The Guardian and The Intercept than with actual spying. The defendants are more often conscience-stricken heroes like Hale than villains.
That’s the problem with this law. “Information relating to the national defense” can essentially be anything the government decides, and they can put you in jail a long time for “mishandling” it, which in Assange’s case included merely having it. Trump or no Trump, if you think that’s okay, you’re an asshole. It’s totally un-American, which is why Robert Reich shouldn’t be surprised if Donald Trump acts proud of being investigated for it. This law is more infamous than he is, and everyone but a handful of blue checks can see it.
