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Episode 35: Spy vs. Spy vs. Whistleblower vs. Idiot

The Charles C. W. Cooke Podcast

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The Espionage Act and Donald Trump

I want to talk about two main things here the first one is whether the Espionage Act ought to exist you say it shouldn't and second whether given that it does exist Donald Trump should have been indicted under it. So let's start with the first question the subject of that piece in the free press. You describe the Esp espionage Act as a train wreck of a statute say it shouldn’t exist why? Well because historically the Espionage act has conflated in the broader law the difference between somebody like Daniel Ellsberg which would be whistleblowing so somebody who would be guarding against what might be called excessive state secrecy or genuine espionage. The Rosenbergs were also convicted under the Espionage

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