Government attorneys reached deep into their legal bag of tricks to devise a subpoena against the American Civil Liberties Union demanding "any and all copies" of a classified document that was leaked to the ACLU in October.
Questioned by an ACLU attorney as to the authority for this demand, a government attorney cited the espionage statutes in 18 USC 793 and 798.
Such an action is unprecedented, the ACLU said in a motion to quash the subpoena, and it is also an improper use of subpoena authority.
If successful, this tactic could be used to confiscate classified documents from news organizations, effectively imposing prior restraint on publication and curtailing freedom of the press.
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