Espionage Act could be back to haunt Trump and team: what is it and how could it be applied to latest gaff?

Back in 2023, between his presidential terms, Donald Trump became the most high-profile person ever charged under the Espionage Act, for unlawfully retaining sensitive national defense records. Facing 37 criminal counts, including 31 related to classified documents, obstruction of justice, conspiracy, and false statements, his legal troubles set a precedent for how the century-old law could be applied to a then former U.S. president.

Now, Trump’s new defense team is likely poring over the wording of the Espionage Act again. This time, the issue isn’t directly about Trump, but about top officials in his administration mistakenly disclosing war plans in a private messaging group that included a journalist. The details of the breach, as reported by The Atlantic, have triggered Democratic lawmakers to call for a congressional investigation, calling it a national security violation.

The “shockingly reckless” disclosure before U.S. strikes on Yemen

On March 13, The Atlantic’s editor-in-chief Jeffrey Goldberg says he was accidentally added to an encrypted chat on the Signal app called the “Houthi PC small group.” In it, National Security Adviser Mike Waltz tasked his deputy, Alex Wong, with forming a “tiger team” to coordinate U.S. action against the Iran-backed Houthis in Yemen. The National Security Council later confirmed the chat group appeared to be legitimate.

Two days later, on March 15, the U.S. launched a large-scale military strike against the Houthis, following weeks of attacks on Red Sea shipping. But just hours before those strikes, Defense Secretary Pete Hegseth reportedly posted operational details in the chat – including planned targets, the weapons to be used, and the sequence of the attack. Goldberg, who withheld specifics in his report, called it a “shockingly reckless” misuse of an encrypted chat app.

What is the Espionage Act?

The Espionage Act, passed in 1917, is an anti-spying law that criminalizes the mishandling of sensitive government records related to national defense. Over the years, the Justice Department has applied it against spies, whistleblowers, and high-profile figures like Daniel Ellsberg (Pentagon Papers), Edward Snowden (NSA leaks), Chelsea Manning (WikiLeaks disclosures), and Julian Assange, who is still fighting extradition to the U.S.

The law is broad - prosecutors don’t need to prove that the accused intended harm, only that they had unauthorized possession of national defense information and willfully failed to return it. This was a key point in Trump’s classified documents case, where prosecutors argued he had no legal right to keep hundreds of sensitive files.

Could Trump officials now face Espionage Act charges?

The latest breach could fall under the Espionage Act’s provisions on unauthorized disclosure of national defense information. If prosecutors pursue charges, they’d need to prove that Hegseth and others involved knowingly and recklessly shared sensitive military details with unauthorized recipients – including a journalist.

Unlike Trump’s case, where the charges centered on retention and concealment, this situation is about disclosure. That means it could align more closely with past cases like Chelsea Manning’s leaks or Reality Winner’s release of classified election interference reports.

Get your game on! Whether you’re into NFL touchdowns, NBA buzzer-beaters, world-class soccer goals, or MLB home runs, our app has it all.

Dive into live coverage, expert insights, breaking news, exclusive videos, and more – plus, stay updated on the latest in current affairs and entertainment. Download now for all-access coverage, right at your fingertips – anytime, anywhere.