Grand Jury May Be Investigating WikiLeaks
A grand jury has been empaneled in the Eastern District of Virginia to investigate a possible violation of the Espionage Act involving the computer-based acquisition of protected government information concerning national defense or foreign relations. In other words, the Grand Jury seems to be investigating WikiLeaks. Glenn Greenwald of Salon.com reported that a summons to appear before the Grand Jury on May 11 was served on an unidentified recipient in Cambridge, MA. He also posted a copy of the document. See FBI serves Grand Jury subpoena likely relating to WikiLeaks, April 27. The initial hurdle to any possible prosecution of WikiLeaks is to identify a specific crime that it may have committed. The subpoena suggests that the path chosen by prosecutors (as predicted ) is to allege a conspiracy to violate the Espionage Act under 18 USC 793 (g). But like much of the Espionage Act, the practical meaning of this statute is quite unclear. So is its application here, beyond the bare impli...