Judge Denies Constitutional Challenge in AIPAC Case

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Federal Judge T. S. Ellis denied a motion to dismiss the case against two former lobbyists charged with illegally receiving and transmitting classified information. They had argued the Espionage Act of 1917 is unconstitutionally broad in allowing prosecution of “persons not entitled to receive” classified data. In the 68-page opinion, Judge Ellis wrote, “it is a hard case because it requires an evaluation of whether Congress has violated our Constitution’s most sacred values … when it passed legislation in furtherance of our nation’s security. The conclusion here is that the balance struck between these competing interests is permissible.” (810/06)