Policy

Judge: No Need To Prove Harm Under Espionage Act

What is this "harm" of which you speak?

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In another potential setback for whistleblowers, a US judge has made a ruling that essentially lowers the requirements for government prosecutors to prove damage to national security committed by alleged leakers.

The case concerns Stephen Jin-Woo Kim, who in 2010 was indicted on two counts of disclosing national defense secrets to Fox News reporter James Rosen the year prior. Kim's information was based on an intelligence report which was available to a limited number of government employees. 

Judge Colleen Kollar-Kotelly ruled that the prosecution does not need to show that the information Kim allegedly leaked could damage US national security or benefit a foreign power, even potentially.