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Proposed Espionage Act reforms are vital for investigative journalism

2 years 2 months ago

Rep. Rashida Tlaib has introduced an amendment that would stop Espionage Act prosecutions of journalists and their sources without impacting the government's ability to prosecute actual espionage.

Chad Davis, via Flickr

I may have just violated the Espionage Act by linking to this Washington Post report on leaked documents about the Russian-Ukrainian war. You may have just violated the act by reading it. That sounds ridiculous because it is. But the act says anyone who accesses national defense information must return it to the appropriate government official to avoid prison. I didn’t, did you?

It’s true, the government hasn’t invoked the 100-plus year-old law to prosecute news readers and probably won’t anytime soon. But the government has routinely abused its broad discretion under the law’s vague and ambiguous language to prosecute investigative journalism — including both publishers and sources.

An amendment (PDF) to the National Defense Authorization Act proposed by Rep. Rashida Tlaib could change all that. The amendment would not affect provisions of the Espionage Act used to prosecute actual espionage. It would stop Espionage Act prosecutions of journalists, publishers, and members of the public by limiting the act’s reach to government employees under a duty to protect confidential information. It would also:

  • Require the government to prove whistleblowers and other defendants intended to harm the U.S. (as opposed to, for example, exposing government crimes to stop them).
  • Relatedly, permit defendants to testify regarding the purpose of their disclosures.
  • Allow defendants to prove their disclosures served the public interest.
  • Limit prosecutions to cases involving properly classified information (the law predates the severely broken classification system and instead refers to “national defense” information).

The amendment would immediately and significantly improve the quality of investigative reporting available to Americans. Even when no charges are filed, the chilling effect on journalists and sources from the mere prospect of prosecution is immeasurable. Before he passed away last month, Freedom of the Press Foundation co-founder and Pentagon Papers whistleblower Daniel Ellsberg warned other potential whistleblowers: “Don’t do it under any delusion that you’ll have a high chance of ending up like Daniel Ellsberg,” i.e., dying outside of prison.

Yes, Tlaib introduced the same amendment last year, and yes, reforming a law as beloved by the many secrecy fanatics in our government as the Espionage Act will be an uphill battle. But it’s one we need to keep fighting, especially when the current administration continues former President Trump’s abuse of the Espionage Act to criminalize routine journalism.

Speaking of, it must be acknowledged that the two most famous Espionage Act defendants at the moment are polarizing figures — Julian Assange and Trump. Some may trust the current Department of Justice to only weaponize the Espionage Act against people they don’t like. That’s a mistake.

Even the Obama administration — which set records for Espionage Act prosecutions of whistleblowers — declined to charge Assange under the act because it recognized that doing so would open the door for prosecutions of more traditional journalists. When the next DOJ reversed Obama’s position it was easy to blame Trump’s hatred of the press — he’s unlikely to be concerned about setting precedents that harm reporters.

But then the Biden administration continued the Assange prosecution despite decrying sham espionage prosecutions of journalists abroad. It’s even pressuring other journalists to help it criminalize journalism. Clearly, once one administration claims power subsequent ones can’t be trusted to relinquish it. It’s anyone’s guess how the Espionage Act might be abused in a second Trump term or any other future administration. Let’s hope that, thanks to Tlaib’s amendment, we don’t need to find out.

Seth Stern

Duke Bakery Owners Reflect On Community Love

2 years 2 months ago
ALTON - Duke Bakery has been an Alton landmark since 1951. Nearly 75 years later, the third generation of owners reflect on the love they’ve received from the community and how they repay it with donuts, pies, cakes and more. “I find it to be a great honor to be a part of so many different aspects of people’s lives, from birth to baby showers to weddings, birthdays, you name it,” co-owner Amy Hollis said. Duke Bakery was opened by Amy’s grandfather in 1951, which makes her a third-generation owner. Ben Hollis, Amy’s husband, has managed the business with her for over 20 years. The bakery welcomes a long line of loyal customers every day, with multiple glass cases filled with fresh pastries each morning. Workers often see familiar faces as well as new customers who are eager to try out the many beloved menu items. Over the years, a lot of these customers have become friends. Ben noted that Amy even keeps track of some of the annual

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Senator Josh Hawley’s Public Records Law Violations Just Cost His Constituents $242,000

2 years 2 months ago
Late last year, Senator Josh Hawley — the fist-pumping supporter of Trump-approved insurrection — generated the last bit of his Missouri state government legacy. Having been successfully sued for violating state public records laws while acting as the state attorney general, Hawley was ordered to pay $12,000 by Judge Jon Beetem. The total bill included […]
Tim Cushing

Jackpot Fever Hits As Two Prizes Combined Reach Over $1 Billion

2 years 2 months ago
CHICAGO – Lottery fever has set in across Illinois as the two multi-state lottery games, Mega Millions and Powerball, reach a combined jackpot of $1.065 billion. The Mega Millions jackpot for tonight’s drawing now stands at $450 million - the third largest jackpot of 2023, while the Powerball jackpot for Saturday night’s drawing is an estimated $615 million - the 10th largest in the game’s history. As both jackpots climb, Illinois Lottery players will be hoping that their numbers come up for a chance to win larger-than-life sums of money. Just last year, a $1.337 billion Mega Millions jackpot - the largest lottery prize ever won in Illinois and, at the time, the third largest lottery prize in U.S. history - was won with a single ticket purchased at the Speedway gas station in Des Plaines. So far this year, five Illinoisans have won prizes of $1 million or more playing the Mega Millions or Powerball games. In total, Mega Millions and Powerball player

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Daily Deal: Scrivener 3

2 years 2 months ago
Scrivener is the go-to app for writers of all kinds, used every day by best-selling novelists, screenwriters, non-fiction writers, students, academics, lawyers, journalists, translators, and more. Scrivener won’t tell you how to write—it simply provides everything you need to start writing and keep writing. Scrivener makes it easy to structure ideas, write a first draft, […]
Gretchen Heckmann

Missouri governor signs bills impacting cannabis banking, employee background checks

2 years 2 months ago
Missouri’s marijuana businesses will have fewer obstacles when it comes to accessing banking, but they must now get fingerprint background checks from all their new employees and contractors, under legislation that the governor signed Thursday. Few banks nationwide serve cannabis businesses and their owners — or even their auxiliary partners — because most want nothing to do with a business that sells a product the federal government still considers illegal. That’s true even in states that…
Rebecca Rivas

Alton Police Lead Investigator: Brighton Meth Distributor Faces 10-Year Prison Sentence

2 years 2 months ago
EAST ST. LOUIS – The U.S. Federal Court in St. Louis announced today that Jeremy P. Devaisher, 42, of Brighton, was sentenced to 130 months in prison for methamphetamine-related charges on Thursday, July 6, 2023. He was fined $200 and must also pay $100 in special assessments. Following his release from federal prison, Devaisher must complete five years of supervised release. Devaisher was arrested in Alton in January of 2022, while he was still on mandatory supervised release from the Illinois Department of Corrections for Unlawful Use of a Weapon by a Felon. “Methamphetamine is dangerously addictive, it ruins lives, and it harms communities across southern Illinois,” said U.S. Attorney Rachelle Aud Crowe. “We work with our local, state, and federal law enforcement partners to ensure that repeat offenders face heightened penalties for choosing crime over peaceful rehabilitation.” “I am incredibly proud of the Alton Police Officers who helped put

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Edwardsville Raising Cane's Moving Forward After City Council Vote

2 years 2 months ago
EDWARDSVILLE - Raising Cane’s Chicken Fingers is one step closer to opening in Edwardsville after the City Council gave their unanimous approval to grant a Special Use Permit for the restaurant. “This is Raising Cane’s coming to Edwardsville, which is pretty exciting,” Alderwoman Elizabeth Grant said as she introduced the item to the council. A few other aldermen expressed their excitement for the chicken chain to join the Edwardsville community. Alderwoman Jennifer Warren noted the location’s proximity to Chick-Fil-A in Glen Carbon, with Alderman William Krause joking there will be “dueling chickens” in the area. The City Council then voted unanimously to approve a Special Use Permit for the drive-thru facility, which will be constructed at 2104 Governors Parkway. No further details on a timeline for construction were available yet, but the project is set to move forward after the council gave their unanimous approval. A full

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Two-thirds of all doctors have received vicious harassment over COVID-19

2 years 2 months ago
Do you think that all the MAGA vaccine denial and mask vitriol is basically harmless? Hell, let 'em do whatever they want to their own bodies and then vent about it on Facebook. There's one group that would disagree: A new survey of physicians and biomedical scientists in the U.S. found that nearly two-thirds experienced ...continue reading "Two-thirds of all doctors have received vicious harassment over COVID-19"
Kevin Drum

Golf the Galleries

2 years 2 months ago

Join us for the 6th season of this playable, artist-designed, nine-hole mini golf installation, designed to be inclusive, family friendly and accessible. All proceeds from Golf the Galleries support The

The post Golf the Galleries appeared first on Explore St. Louis.

Patrick

Brand New Alton Dispensary Sees Busy Grand Opening

2 years 2 months ago
ALTON - The Alton Dispensary had its grand opening Friday morning and saw quite a turnout. People were lined up in front of the building awaiting on the doors to open at 10 a.m. The new dispensary, located at 1400 E Broadway, a short walk from Fast Eddies Bon Air, will be open seven days a week with current hours being Monday through Saturday 10 a.m. to 9 p.m. and on Sundays 10 a.m. to 6 p.m. The dispensary is cash only and has an ATM inside if needed. Many local businesses set up tents around the parking lot Friday morning and were out informing people about the cannabis industry. Food trucks were also on offer throughout the afternoon. Customers flowed in and out of the building during the morning, many of them happy to see the first cannabis legalization in Alton. Before, the closest dispensaries around were either in Collinsville or across the river in Missouri. The new Alton location has a helpful website that answers commonly asked questions regarding cannabis. It can be

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