The New York Times. He was eventually arrested and became the first person in the United States to be prosecuted under the Espionage Act.that suggests overturning, Ellsberg acknowledges the extraordinary nature of the recent breach, which seems to have ruptured the trust between the highest court and the public.
"The Supreme Court wants to get all the authority it can from hiding the nature of dissension; the details of arguments that people have made one way or the other," Ellsberg explained. But this particular decision is so consequential for the public that it is important they know what is really driving the majority's decision, he added.If he was in the leaker's position, Ellsberg said he'd do the same thing.
"Strictly speaking, the law under which I was prosecuted, the Espionage Act, has never been confirmed by the Supreme Court to be constitutional, as applied to unauthorized disclosure to the American public, telling the truth to the public."Roy Gutterman, a communications law professor and director of the center for free speech at Syracuse University, agrees that neither Politico or the leaker will likely face criminal charges.
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