One of the ongoing debates surrounding the prosecution under the Espionage Act of those who leak classified information is whether they should be permitted to rely upon a Public Interest Defense. Meaning, they could argue as a valid, legal, defense that they bear no liability/culpability because what they did – as an asserted whistleblower – was in the public’s interest. Currently, there is no such defense although of course this argument could be raised during sentencing to mitigate any punishment. Those who support Ed Snowden, Chelsea Manning, Julian Assange and Reality Winner, in particular, have argued that none of them could receive (or would if they were ever tried in the case of Snowden and Assange) a fair trial because of the lack of such a legal defense.
Explain why should be allowed a defense as a matter of law or policy?
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