Benjamin Wittes Quotes
Broadly speaking, the problems with the Espionage Act are that it is hopelessly broad. And we tend to use the Espionage Act - we think about the Espionage Act as forbidding disclosures of classified information. That's not really what the statute says. What the statute talks about is information related to the national defense.
Wittes, Benjamin. Law and the Long War: The Future of Justice in the Age of Terror. Penguin Press, 2008.
There has in the United States, since the Constitution was ratified, a tension in every war or conflict, where some Americans wanted to reduce civil rights in order to better cope with the conflict and others observed that what we were fighting for is precisely those civil rights and liberties. John Adams and the Federalists, did not want anyone to be allowed to publicly criticize the Government while we were in conflict with Great Britain. They passed the Alien and Sedition Acts. Thomas Jefferson and the Republicans felt that that the freedom should not be given up in the name of national security—we could prevail without that incursion on rights. They repealed the Adams laws. In WWI, Democratic President Woodrow Wilson wanted to jail anyone who claimed that the military draft was improper, immoral or illegal, and he did. Republicans, when they assumed office, then released the prisoners and restored freedom of speech. In the war on terror, most Republicans like sessions, wanted to torture prisoners, allow the imprisonment of suspected terrorists indefinitely without any charges or trial, and bug American telephone calls without the usually required court warrants. Democrats disagreed. That stimulated Sessions statement.
Senator Church was the chairman of the committee. It’s reports (14 in all) are the most extensive documentation of U. S. intelligence ever compiled.
Edward Snowden, a defense contractor and government employee, publicly revealed that the U. S. intelligence agencies were intercepting and keeping a data base of ALL telephone calls and all Internet e-mails. The government had denied that this was so, and had classified the domestic spying program as Top Secret. Snowden had signed an agreement not to reveal any classified information, and he violated the agreement. Therefore the government was trying to extradite Snowden from Russia at the time so that they could criminally prosecute him. However, there was great debate as to whether the spying on all Americans was legal and Constitutional. Many saw Snowden as a “whistleblower” and pointed out that the government which had lied wanted to prosecute Snowden for telling the truth. Fein, an attorney, was representing Snowden and his family.
Benjamin Wittes is an American legal journalist and Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School–Brookings Project on Law and Security. He works principally on issues related to American law and national security. Along with Robert M. Chesney and Jack Goldsmith, Wittes cofounded the Lawfare Blog. Wittes is also a member of the Hoover Institution's Task Force on National Security and Law. Wittes is a frequent speaker on topics of detention, interrogation, and national security, before academic, government, policy, and military audiences. He also co-hosts the Rational Security podcast.