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Prof. Steven Vladek testified about the Espionage Act in front of the Senate Judiciary Subcommittee on Terrorism and Homeland Security on 5/1210.

Here is a link to his written statement :

http://kyl.senate.gov/legis_center/subdocs/051210_Vladeck.pdf

Here is his faculty page at Washington College of Law:

http://www.wcl.american.edu/faculty/vladeck/

The testemony is informative. Here’s part of the conclusion:

In short, then, although it is not my place to make specific recommendations to this Subcommittee with regard to how the Espionage Act might be updated, it seems clear that the current state of the law is counterproductive regardless of the specific policy goals one might seek to pursue. As Judge Ellis observed in the AIPAC case,

The conclusion that the statute is constitutionally permissible does not reflect a judgment about whether Congress could strike a more appropriate balance between these competing interests, or whether a more carefully drawn statute could better serve both the national security and the value of public debate. . . . [Changes in the nature of threats to our national security over the last few decades] should suggest to even the most casual observer that the time is ripe for Congress to engage in a thorough review and revision of these provisions to ensure that they reflect both these changes, and contemporary views about the appropriate balance between our nation’s security and our citizens’ ability to engage in public debate about the United States’ conduct in the society of nations.

To that end, if Congress were ultimately to conclude that the Espionage Act should be limited to cases of classic espionage and perhaps other malicious disclosures of classified information, my suggestion would be to focus carefully on the mens rea in the statute, and to consider the adoption of something akin to a specific intent requirement—that the offender not just know that the disclosure would be harmful to our national security, but that he or she actually intend such harm. If Congress were ultimately to conclude that the Espionage Act should instead apply to all cases of legally unauthorized disclosures of classified information, then my view is that much of the current statutory language is superfluous and unnecessary, and that a far simpler prohibition, combined with clear indicia as to the provision’s scope, would avoid the myriad vagueness and overbreadth issues that currently plague the statute.

Your daily dose of news and tidbits from the world of money in politics:

HOUSE VOTES TO CENSURE RANGEL: The House of Representatives voted to censure Democratic Rep. Charles Rangel on Wednesday, capping a nearly two year ethics investigation by one of New York's longest-serving members of the House.

The verdict follows a round of hearings put on by Rangel's congressional peers in the House Committee on Ethics. The committee recently found Rangel guilty on 11 of 12 counts of ethics violations -- charges that stemmed from misuse of his congressional stature to solicit donations for his Harlem non-profit organization.

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