I was punished under the Espionage Act. Why wasn’t Joe Biden?

In February, I was released from federal prison, having served 33 months for a violation of the Espionage Act, after I disclosed classified information detailing what I saw as the high moral cost of America’s drone assassination program. Before having time to adjust to the world beyond concrete walls, I was struck by the news of Special Counsel Robert Hur’s report [PDF] wherein he lays out the reasons he decided not to charge President Joe Biden for alleged violations of the same law.

I am always encouraged to hear whenever the Justice Department decides against using the Espionage Act. By the time the ink of the 1917 law had dried, it was already being used to silence voices of dissent across the country. Thousands were rounded up and summarily convicted for their opposition to America’s involvement in the bloodiest conflict in human history at the time.

While some of the worst aspects of the law have since been amended, the Espionage Act remains the premier criminal statute for prosecuting government sources who rely upon the press to expose secret government abuses to the public. The decision by Justice Department officials to go after government whistleblowers with the Espionage Act has been a part of a concerted effort to signal clearly that the next person who dares speak with a reporter could find themselves facing decades of incarceration.

After reading Special Counsel Hur’s report, I was curious to find the similarities between my case and that of the investigation into the president. According to the report, President Biden kept classified information outside of a secure facility at his home and office – as did I. The president later spoke with a reporter about the classified information he retained – again, as did I.

Both President Biden and I expressed to our respective reporters the concerns we had about official US policy – his about the failed 2009 surge in Afghanistan (as vice president) and mine about the consequences of that policy. So why the decision to prosecute one and not the other?

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