Press-related prosecutions under the Espionage Act
Legal filings in Espionage Act prosecutions of individuals accused of disclosing information to the press and public
This Reading Room contains key court filings related to all Espionage Act prosecutions of those accused of disclosing information to the press or to the general public. Passed more than a century ago, the Espionage Act has long been used by the government to prosecute whistleblowers for disclosing information to the press. Recently, there has been an uptick in these prosecutions under the Obama and Trump administrations, which have charged more whistleblowers under the Espionage Act than all prior administrations combined. For an interactive graph and chart of all press-related prosecutions under the Espionage Act, click here.
Showing 171–180 of 180
-
Criminal Compl. re: Lawrence Franklin, United States v. Franklin, No. 1:05-mj-00309 (E.D. Va. May 3, 2005)
Criminal complaint listing Franklin's charges under Section 793(d) of the Espionage Act.
-
Appellate Ct. Op., United States v. Morison, 844 F.2d 1057 (4th Cir. 1988)
Fourth Circuit's affirmance of Morison's conviction. The court held that the text of Sections 793(d) and (e) of the Espionage Act indicate that the provisions may be applied to defendants who give information to the press, and rejected Morison's argument that this violates the First Amendment. It also held that the provisions were not unconstitutionally vague or overbroad.
-
District Ct. Op., United States v. Morison, 622 F. Supp. 1009 (D. Md. 1985)
District court's grant of the Government's motion to exclude testimony relating to Morison's patriotism. The court held that such testimony was irrelevant to a prosecution under the Espionage Act, rejecting Morison’s argument that the statutory element of “willfully” delivering information relating to national defense requires showing bad motive.
-
District Ct. Op., United States v. Morison, 604 F. Supp. 655 (D. Md. 1985)
District court's denial of Morison's motion to dismiss. The court held that Sections 793(d) and (e) of the Espionage Act were neither unconstitutionally vague nor overbroad: finding Section 793(d). The court also rejected an argument that the legislative history of the Espionage Act indicates that these provisions were intended only to cover “the classic espionage" setting.
-
Indictment re: Daniel Ellsberg and Anthony Russo, United States v. Russo et al. Tr. re: Proceedings, United States v. Russo et al., No. 9373-wmb-cd (C.D. Cal. Dec. 29, 1971)
Indictment charging Ellsberg and Russo with violations of Sections 793(c), (d), and (e) of the Espionage Act.
-
Nickerson's Outline of Testimony
Outline of Nickerson's testimony.
-
Tr. re: Proceedings, United States v. Russo et al., No. 9373-wmb-cd (C.D. Cal.)
Transcript of proceedings.
-
Plea Agreement re: Nickerson (July 8, 1957)
Nickerson's plea agreement.
-
Tr. re: Nickerson's Court-Martial Testimony (Feb. 13, 1957)
Transcript of Nickerson's court-martial testimony.
-
Nickerson's Charge Sheet (January 28, 1957)
Charge sheet listing Nickerson's charges.