Next Wednesday at 10 a.m. in 2141 Rayburn House Office Building, the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee will be holding a hearing on “National Security Leaks and the Law.” Tentatively scheduled witnesses include former AAG Ken Wainstein, Col. Ken Allard, Prof. Nathan Sales from George Mason, and yours truly. Although I suspect some of the hearing’s tone will focus on criticism of the current Administration for being insufficiently )(or too) aggressive in pursuing prosecutions of national security leakers, I hope to offer a slightly different take: whatever one’s views of the merits of prosecuting alleged leakers (on which I suspect reasonable people will disagree), the Espionage Act is a terribly poor vehicle through which to bring such cases.

The preliminary hearing notice is available here–and will certainly be updated to include the final witness list and prepared statements as we get closer to Wednesday.

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