I believe that this could be workable with some preparation, the two most important of which are:
(1) the political work of defining the word "enemy". If you spend your time in your first 100 days of office trying to get the country to rally behind defining the "enemy" as actors within the US who are actively undermining the US Constitution and actors who are acting corruptly.
and
(2) the commander in chief work of defining the goals of the US military. The president is the commander in chief. If he decides that the primary goal of the US armed forces is to root out corruption and problems in the armed forces that are undermining the US Constitution in the interest of private interests.
By doing exactly both of those things and getting support for it, he has absolved himself of liability under the Espionage Act AFAICT. The reasoning here is that he's now defining the operation and success of the armed forces to be in line in a way that any information conveyed is no longer going to interfere with the armed forces of the United States. Furthermore, redefining the enemy means that he has also made sure that the information does not promote the success of the enemies of the US.
I believe that this could be workable with some preparation, the two most important of which are:
(1) the political work of defining the word "enemy". If you spend your time in your first 100 days of office trying to get the country to rally behind defining the "enemy" as actors within the US who are actively undermining the US Constitution and actors who are acting corruptly.
and
(2) the commander in chief work of defining the goals of the US military. The president is the commander in chief. If he decides that the primary goal of the US armed forces is to root out corruption and problems in the armed forces that are undermining the US Constitution in the interest of private interests.
By doing exactly both of those things and getting support for it, he has absolved himself of liability under the Espionage Act AFAICT. The reasoning here is that he's now defining the operation and success of the armed forces to be in line in a way that any information conveyed is no longer going to interfere with the armed forces of the United States. Furthermore, redefining the enemy means that he has also made sure that the information does not promote the success of the enemies of the US.