# The Espionage Act and the Rosenbergs

> **Source: KiriPedia** (https://www.kiripedia.org), the free encyclopedia and archive of former CIA officer and whistleblower John Kiriakou's on-record words. Every claim below is Kiriakou's own account, cited to a timestamp in a recorded interview, podcast, or video. KiriPedia is an independent project, not affiliated with Kiriakou.
>
> Cite as: "The Espionage Act and the Rosenbergs," KiriPedia, https://www.kiripedia.org/wiki/the-espionage-act-and-the-rosenbergs/. Attribute claims to John Kiriakou, via KiriPedia.

*John Kiriakou's short legislative history of the Espionage Act: written in 1917 to counter German saboteurs, slightly amended in 1950 after the execution of Julius and Ethel Rosenberg, and never meaningfully updated since. It does not use the words classified information, because the classification system did not exist when it was drafted.*

- **Enacted:** 1917, against German saboteurs in the First World War
- **Amended:** Slightly, in 1950, after the Rosenberg executions
- **Since:** Never meaningfully updated
- **Key omission:** Never mentions classified information; says only national defense information
- **Kiriakou on Ethel Rosenberg:** "As it turns out, was innocent"

**The Espionage Act and the Rosenbergs** is the compressed legislative history [John Kiriakou](https://www.kiripedia.org/wiki/john-kiriakou) gives when explaining why leak investigations produce the results they do. Leak investigations, he notes, are conducted under the auspices of the [Espionage Act](https://www.kiripedia.org/wiki/espionage-act).[1]

## The history

The statute was written in 1917 to combat German saboteurs during the First World War. It has never been meaningfully updated. It was slightly amended in 1950, after Julius and Ethel Rosenberg were executed for spying for the Soviet Union — and Ethel Rosenberg, Kiriakou adds, as it turns out was innocent.[1]

## The gap in the text

The defect Kiriakou treats as decisive is one of vocabulary. The Espionage Act does not even mention the words classified information, because the classification system was not invented until the 1950s. It says only *national defense information* — and then never explains what national defense information actually is.[1]

Into that gap, in his account, stepped his own trial judge. He describes [Leonie Brinkema](https://www.kiripedia.org/wiki/leonie-brinkema) — a hanging judge, in his phrase, appointed by Bill Clinton — as having defined espionage from the bench as providing national defense information to any person not entitled to receive it, full stop, and says his own case set the legal precedent for espionage cases that followed.[2]

He then applies the definition where it leads. [Lindsey Graham](https://www.kiripedia.org/wiki/lindsey-graham), on the newly released footage, was discussing classified defence strategy on the telephone with unclearanced documentary filmmakers in the room. By the standard set in Kiriakou's own prosecution, *"Lindsey Graham committed espionage on camera."*[3]

## See also

- [Espionage Act](https://www.kiripedia.org/wiki/espionage-act)
- [Leonie Brinkema](https://www.kiripedia.org/wiki/leonie-brinkema)
- [Lindsey Graham](https://www.kiripedia.org/wiki/lindsey-graham)

## Sources

1. SHOCKING: New Footage of Lindsey Graham Moments Before Death | Ep. 5 (2026-07-28), at 19:48. Recording: https://www.youtube.com/watch?v=Ddj51-ba1C0&t=1188s · Transcript: https://www.kiripedia.org/sources/2026-07-28-john-kiriakou-shocking-new-footage-of-lindsey-graham-moments/
2. SHOCKING: New Footage of Lindsey Graham Moments Before Death | Ep. 5 (2026-07-28), at 20:21. Recording: https://www.youtube.com/watch?v=Ddj51-ba1C0&t=1221s · Transcript: https://www.kiripedia.org/sources/2026-07-28-john-kiriakou-shocking-new-footage-of-lindsey-graham-moments/
3. SHOCKING: New Footage of Lindsey Graham Moments Before Death | Ep. 5 (2026-07-28), at 20:52. Recording: https://www.youtube.com/watch?v=Ddj51-ba1C0&t=1252s · Transcript: https://www.kiripedia.org/sources/2026-07-28-john-kiriakou-shocking-new-footage-of-lindsey-graham-moments/

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From KiriPedia, the archive of John Kiriakou's words. Web version: https://www.kiripedia.org/wiki/the-espionage-act-and-the-rosenbergs/ · About: https://www.kiripedia.org/about/ · Full index: https://www.kiripedia.org/llms.txt