With @[email protected]'s help, I'm challenging the sealing of a govt argument about application. of the Espionage Act in the Josh Schulte (Vault 7) case.

The judge was sufficiently intrigued by the argument we submitted to invite a reply from the govt.

https://www.emptywheel.net/2022/12/28/judge-jesse-furman-gives-doj-3-pages-to-reply-to-emptywheels-bid-to-liberate-sealed-transcripts-on-the-espionage-act/

Judge Jesse Furman Gives DOJ 3 Pages to Reply to emptywheel's Bid to Liberate Sealed Transcripts on the Espionage Act - emptywheel

Judge Jesse Furman must have found something novel or interesting in my National Security Counselors-supported intervention to liberate CIPA transcripts in the Josh Schulte case, because he just gave the government three pages to reply.

emptywheel

@emptywheel @NatlSecCnslrs
Fair play!
The gov't's position makes no sense.

Would they consider providing a link to the public sources as dissemination as well?

@Baseless_Fabric @emptywheel @NatlSecCnslrs The government's position is incoherent; what I was told as a government employee is that the only thing I couldn't do with stories about classified information is confirm or deny its authenticity. (But other agencies may have different guidance, because the government takes its incoherence very seriously.)