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"With whistleblowers, journalists, and civil liberties under significant attack and government decision-making shrouded in increasing secrecy, reining in the abuses of the Espionage Act could not be more urgent.”
Warning that the Espionage Act has been used to "persecute and criminalize" dissenters, journalists, and whistleblowers numerous times since it was passed into law, US Rep. Rashida Tlaib on Thursday introduced the Daniel Ellsberg Press Freedom and Whistleblower Protection Act to "rein in" the 109-year-old law.
The proposal is named for the military analyst-turned-activist who disclosed decades of deception by the US government regarding Vietnam when he leaked the Pentagon Papers to the press in 1971—an act that led the government to charge Ellsberg with espionage, conspiracy, and other crimes before the case was thrown out over the Nixon administration's misconduct.
In the cases of Ellsberg, former National Security Agency contractor Edward Snowden, WikiLeaks founder Julian Assange, and other journalists and whistleblowers, "Espionage Act prosecutions have been used to silence dissent and undermine government transparency and are a clear violation of the First Amendment and the fundamental right to due process," said Tlaib (D-Mich.).
“Alerting the public to government wrongdoing is not a crime,” said the congresswoman. “The Espionage Act has been abused by administrations of both parties to target whistleblowers and journalists for sharing critically important information with the public. With whistleblowers, journalists, and civil liberties under significant attack and government decision-making shrouded in increasing secrecy, reining in the abuses of the Espionage Act could not be more urgent.”
Tlaib noted that in addition to past administrations using the Espionage Act to prosecute media sources and whistleblowers who alerted the public about mass surveillance, torture, drone assassinations, and war crimes in Iraq and Afghanistan, the FBI raided the home of a Washington Post reporter in January in connection to the prosecution of a government whistleblower.
The proposed legislation would limit the scope of the Espionage Act to foreign agents and government employees who have a legal duty to protect classified information—prohibiting the use of the law to prosecute publishers, journalists, or members of the public.
It would also increase due process standards and safeguards for whistleblowers who disclose government wrongdoing, war crimes, or abuses of power to the public. The legislation would create and affirmative public interest defense and require the government to prove that a whistleblower acted with the specific intent of harming the US or aiding a foreign power.
Under the Daniel Ellsberg Press Freedom and Whistleblower Protection Act, said Jenna Leventoff, senior policy counsel for the ACLU, "the government could no longer abuse [the Espionage Act] to silence those sharing information that is beneficial to the public."
“For too long the Espionage Act has been used to persecute and silence whistleblowers, journalists and publishers,” said Leventoff. “But journalism is not a crime—it is a First Amendment protected activity that protects our democracy by allowing the public to hold our nation’s leaders to account."
The Espionage Act was originally passed to crack down on those who spread information that could interfere with the war effort during World War I, and "from its inception," said Chip Gibbons, policy director at Defending Rights and Dissent, "the law has been used to stifle public debate and has become the go to weapon against whistleblowers and now journalists."
"Public servants who witness egregious crimes like torture, mass surveillance of Americans, or the killing of civilians, and seek to alert the American people about them are whistleblowers," said Gibbons. "Yet, using the Espionage Act the government prosecutes them as though they were spies. And with the government going further and prosecuting a journalist under the Espionage Act, the threat not just to press freedom, but to our very democracy, posed by this antiquated law is growing. Rep. Tlaib’s bill is desperately needed as it is well past time to bring the Espionage Act in line with the First Amendment.”
Tlaib noted that before his death in 2023, Ellsberg expressed public support for the reforms the congresswoman had proposed, when she introduced them as an amendment to the National Defense Authorization Act.
“For half a century, starting with my own prosecution, no whistleblower charged with violating the Espionage Act of 1917 has had, or could have, a fair trial," said Ellsberg in 2022. "These long-overdue amendments would remedy that injustice, protect the First Amendment freedom of the press, and encourage vitally needed truth-telling.”
"These acts of war threaten to ignite a catastrophic regional war that will make no one safer while unleashing unconscionable suffering," said US Rep. Rashida Tlaib.
More than 50 young children were reportedly killed Saturday by an Israeli airstrike on southern Iran as the US and Israel carried out joint attacks across the country. A local official told Iranian state media that "an Israeli missile attack" hit a girls' elementary school in Minab.
Saturday is a school day in Iran. A school staff member told Middle East Eye that "you could hear the sound of children crying and screaming" following the strike.
“We still don’t know how many are under the rubble," said the unnamed staffer. "Some are even saying more than 100. Some of these small children are severely injured. Their parents have come to the school, and this place has turned into a house of mourning.”
Iranian media now report 40 killed and 48 students injured following the strike on a girls’ elementary school in Minab, as rescue and recovery efforts continue. https://t.co/kCR6Gagvip pic.twitter.com/faBFkgFn3D
— Ali Hashem علي هاشم (@Alihashem) February 28, 2026
Iranian Foreign Minister Abbas Araghchi wrote on social media that the school "was bombed in broad daylight, when packed with young pupils."
"Dozens of innocent children have been murdered at this site alone," he added. "These crimes against the Iranian people will not go unanswered."
Al Jazeera noted that "separately, Iran’s Mehr news agency reported that at least two students were killed by another Israeli attack that hit a school east of the capital, Tehran."
“Every war is a war on children," said Inger Ashing, CEO of the global humanitarian group Save the Children. "All children have the right to access a safe education, and schools should always be a haven for children—not a battlefield."
In a statement, US Rep. Rashida Tlaib (D-Mich.) alluded to the Minab school bombing as she condemned President Donald Trump for "acting on the violent fantasies of the American political elite and the Israeli apartheid government, ignoring the vast majority of Americans who say loud and clear: No More Wars."
"The Trump administration and Israeli regime’s illegal war of aggression on Iran has already killed dozens of children, and more horrific death and destruction will come," Tlaib warned. "These acts of war threaten to ignite a catastrophic regional war that will make no one safer while unleashing unconscionable suffering."
“President Trump will pretend this is about democracy and the rights of the Iranian people," she continued. "Don’t be fooled, Trump does not care about the Iranian people. The Iranian people are not pawns for the interests of foreign powers. Our government has imposed brutal sanctions that have destroyed the Iranian economy and the lives and livelihoods of millions of people. You cannot ‘free’ people by killing them and destroying their country."
Tlaib issued her statement shortly after Trump declared in a Washington Post interview that he decided to wage war on Iran to secure "freedom for the people." As of this writing, the White House has not responded to the Minab school massacre. (Update: A spokesperson for the US Central Command said in a statement that "we are aware of reports concerning civilian harm resulting from ongoing military operations. We take these reports seriously and are looking into them. The protection of civilians is of utmost importance, and we will continue to take all precautions available to minimize the risk of unintended harm.")
"I want a safe nation, and that’s what we’re going to have," Trump said as the US-Israeli onslaught hurled the Middle East into chaos.
Tlaib said in her statement that the US Congress "must stop the bloodshed by immediately reconvening to exert its war powers and stop this deranged president."
"But let’s be clear: Warmongering politicians from both parties support this illegal war, and it will take a mass anti-war movement to stop it," she added.
As some Democrats suggest compromising in order to reform the agency, Rep. Rashida Tlaib said that “ICE was built on violence and is terrorizing neighborhoods. It will not change.”
President Donald Trump on Tuesday signed a bill to end a brief government shutdown after the US House of Representatives narrowly passed the $1.2 trillion funding package.
While the bill keeps most of the federal government funded until the end of September, lawmakers sidestepped the question of funding for US Immigration and Customs Enforcement (ICE), which Democrats have vowed to block absent reforms to rein in its lawless behavior after the shootings of Renee Good and Alex Pretti in Minneapolis and a rash of other attacks on civil rights.
The bill, which passed on Tuesday by a vote of 217-214, extends funding for ICE's parent agency, the Department of Homeland Security (DHS), for just two weeks, setting up a battle in the coming weeks on which the party remains split.
While most Democrats voted against Tuesday's measure, 21 joined the bulk of Republicans to drag it just over the line, despite calls from progressive activists and groups, such as MoveOn, which Axios said peppered lawmakers with letters urging them to use every bit of "leverage" they can to force drastic changes at the agency.
House Appropriations Committee Ranking Member Rosa DeLauro (D-Conn.), who voted for the bill, acknowledged that it was "a leverage tool that people are giving up," but said funding for the rest of the government took precedence.
The real fight is expected to take place over the next 10 days, with DHS funding set to run out on February 14.
ICE will be funded regardless of whether a new round of DHS funding passes, since Republicans already passed $170 billion in DHS funding in last year's One Big Beautiful Bill Act.
Democrats in both the House and Senate have laid out lists of reforms they say Republicans must acquiesce to if they want any additional funding for ICE, including requirements that agents nationwide wear body cameras, get judicial warrants for arrests, and adhere to a code of conduct similar to those for state and local law enforcement.
Rep. Pramila Jayapal (D-Wash.), the chair emerita of the Congressional Progressive Caucus who voted against Tuesday's bill reiterated that in order to pass longterm DHS funding, "there must be due process, a requirement for judicial warrants and bond hearings; every agent must not only have a bodycam but also be required to use it, take off their masks, and, in cases of misconduct, undergo immediate, independent investigations."
Some critics have pointed out that ICE agents already routinely violate court orders and constitutional requirements, raising questions about whether new laws would even be enforceable.
A memo issued last week, telling agents they do not need to obtain judicial warrants to enter homes, has been described as a blatant violation of the Fourth Amendment. Despite this, House Speaker Mike Johnson (R-La.) said on Tuesday that Republicans will not even consider negotiating the warrant requirement, calling it "unworkable."
"We cannot trust this DHS, which has already received an unprecedented funding spike for ICE, to operate within the bounds of our Constitution or our laws," Jayapal said. "And for that reason, we cannot continue to fund them without significant and enforceable guardrails."
According to recent polls, the vast majority of Democratic voters want to go beyond reforms and push to abolish ICE outright. In the wake of ICE's reign of terror in Minneapolis, it's a position that nearly half the country now holds, with more people saying they want the agency to be done away with than saying they want it preserved.
"The American people are begging us to stop sending their tax dollars to execute people in the streets, abduct 5-year-olds, and separate families," said Rep. Rashida Tlaib (D-Mich.), who gathered with other progressive lawmakers in the cold outside DHS headquarters on Tuesday. "ICE was built on violence and is terrorizing neighborhoods. It will not change... No one should vote to send another cent to DHS."
Rep. Ilhan Omar (D-Minn.), who comes from the Minnesota Somali community targeted by Trump's operation there, agreed: "This rogue agency should not receive a single penny. It should be abolished and prosecuted."