Unauthorized Disclosure Of Defense Information Prosecutions
What Is Unauthorized Disclosure of Defense Information?
Unauthorized disclosure of defense information involves illegally sharing or leaking classified or sensitive information related to national defense without proper authorization. This includes:
Sharing military secrets.
Revealing classified operational plans.
Disclosing information protected under the Espionage Act.
Transmitting sensitive defense data to unauthorized persons or foreign governments.
Such offenses threaten national security and can seriously compromise military operations.
Legal Framework
Key federal laws governing these prosecutions include:
The Espionage Act (18 U.S.C. §§ 793–798): Prohibits unauthorized possession, transmission, or disclosure of information related to national defense.
18 U.S.C. § 641: Theft of government property, including classified documents.
18 U.S.C. § 1924: Unauthorized removal and retention of classified documents or material.
Executive Orders and regulations concerning classification and safeguarding of defense information.
Elements generally required for conviction:
The defendant had unauthorized access to defense-related information.
The defendant knowingly disclosed, transmitted, or retained the information without authorization.
The information related to national defense or was classified.
The disclosure posed some risk to national security or government operations.
Key Case Law Examples
1. United States v. Rosen, 445 F.3d 134 (2d Cir. 2006)
Facts: Two American citizens, including a former Pentagon official, were charged under the Espionage Act for passing classified defense information to Israeli agents.
Charges: Conspiracy to unlawfully transmit national defense information.
Outcome: Conviction affirmed.
Significance: Reinforced the government’s authority to prosecute unauthorized disclosures even when information is shared with allied nations without clearance.
2. United States v. Sterling, 724 F.3d 482 (4th Cir. 2013)
Facts: Former CIA officer Jeffrey Sterling leaked classified information about a secret CIA operation to a journalist.
Charges: Violations of the Espionage Act.
Outcome: Conviction upheld.
Significance: Demonstrated harsh penalties for leaking classified defense information to the press, emphasizing the government’s interest in secrecy.
3. United States v. Drake, 818 F. Supp. 2d 1137 (D. Idaho 2011)
Facts: NSA contractor Thomas Drake was prosecuted for allegedly disclosing classified information related to national security surveillance.
Charges: Espionage Act violations and mishandling classified information.
Outcome: Most serious charges dropped; convicted of misdemeanor.
Significance: Showed challenges in prosecuting leaks involving whistleblower disclosures and balancing national security with free speech concerns.
4. United States v. Swartz, 2013 (Case settled before trial)
Facts: Aaron Swartz, a computer programmer and activist, was charged with unauthorized downloading of millions of academic articles, some of which were classified government documents.
Charges: Computer Fraud and Espionage Act violations.
Outcome: Case dismissed after Swartz's tragic death.
Significance: Highlighted controversies around unauthorized access to sensitive information and the reach of federal prosecution.
5. United States v. Manning, 2013 (Military Court Martial)
Facts: Army Private Chelsea Manning disclosed hundreds of thousands of classified diplomatic cables and military reports to WikiLeaks.
Charges: Violations of the Espionage Act and other military offenses.
Outcome: Convicted and sentenced to 35 years in prison; sentence later commuted.
Significance: One of the most high-profile cases, showing the severe consequences of unauthorized disclosure of defense information.
6. United States v. Walker, 191 F.3d 326 (2d Cir. 1999)
Facts: Defendant disclosed classified Navy information to unauthorized individuals.
Charges: Espionage Act violations.
Outcome: Conviction affirmed.
Significance: Established precedent for prosecution of individuals leaking classified naval defense information.
Summary Table
| Case Name | Year | Facts | Outcome | Significance |
|---|---|---|---|---|
| United States v. Rosen | 2006 | Passed classified info to Israeli agents | Conviction affirmed | Prosecution for sharing with allied nations |
| United States v. Sterling | 2013 | Leaked CIA secrets to journalist | Conviction upheld | Leak to press prosecuted under Espionage Act |
| United States v. Drake | 2011 | Disclosed NSA surveillance info | Charges mostly dropped | Challenges with whistleblower disclosures |
| United States v. Swartz | 2013 | Downloaded classified academic articles | Case dismissed | Highlighted issues of unauthorized access |
| United States v. Manning | 2013 | Leaked massive classified cables to WikiLeaks | Convicted, sentenced | High-profile military leak case |
| United States v. Walker | 1999 | Disclosed Navy classified info | Conviction affirmed | Set precedent for naval information leaks |
Conclusion
Prosecutions for unauthorized disclosure of defense information are among the most serious under U.S. law due to the risks posed to national security. Courts consistently hold that:
Unauthorized sharing of classified information is criminal.
The Espionage Act is the primary legal tool used.
Penalties can be severe, including lengthy prison sentences.
There is often a tension between national security and whistleblower protections, but leaks endangering defense information face harsh consequences.
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