It is highly unlikely that anyone will be charged for the accidental leaking of sensitive war plans, an attorney has said.
Why It Matters
The fallout continues after The Atlantic editor-in-chief revealed that he was added to a group chat, which included Defense Secretary Pete Hegseth and other senior officials. The report said messages in the chat detailed specifics of then upcoming U.S. strikes against Houthi rebels in Yemen, which critics argue could have compromised the operation or posed a wider risk to U.S. national security.
Democratic lawmakers have accused administration officials of recklessly mishandling highly classified information.
Newsweek sought email comment on Wednesday from the National Security Council and the Department of Defense.
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What To Know
In an article for The Atlantic published online on Monday, Jeffrey Goldberg, the magazine’s editor-in-chief, wrote that he had been accidentally invited to the group chat with several Trump administration officials and that he’d “never seen a breach quite like this.”
Goldberg wrote that on March 13, National Security Adviser Michael Waltz added him to a Signal group chat called “Houthi PC small group.”
Goldberg explained that the conversation in the Signal group chat culminated in Secretary of Defense Pete Hegseth sharing details about the Pentagon’s plan to carry out military airstrikes against the Houthis in Yemen.
In The New York Times on Monday, opinion columnist David French, a former attorney with the Army Judge Advocate General’s Corps (JAG Corps) wrote: “There is not an officer alive whose career would survive a security breach like that. It would normally result in instant consequences (relief from command, for example) followed by a comprehensive investigation and, potentially, criminal charges.”
On Tuesday, nonpartisan watchdog group American Oversight filed a lawsuit accusing officials—including Hegseth, CIA Director John Ratcliffe, Gabbard, and others—of violating the Federal Records Act and the Administrative Procedure Act by conducting government business on a platform designed to erase communications.
What People Are Saying
Greg Germain, a law professor at Syracuse University in New York, told Newsweek that it is highly unlikely that Hegseth and the others involved will be indicted.
“I don’t know if it’s technically a crime to use a server that is not set up and approved by the government to discuss top secret war plans; I do know that it’s incredibly sloppy and dangerous, and government officials need to be a lot more careful and put procedures in place to prevent something like this from happening again,” he said.
“But even if it is some sort of crime, who is going to prosecute? It’s very hard to see Pam Bondi’s Justice Department bringing charges over this incredibly sloppy and embarrassing incident,” he said.
Germain added that, under federal code, 18 USC 798, it is a crime to “knowingly and willfully” share classified information with people who do not have appropriate clearances.
“Presumably, the sharing of information with the journalist was a mistake, not a knowing and willful violation,” he said.
Neama Rahmani, a former federal prosecutor, agreed that Bondi is unlikely to bring any prosecutions.
“Criminal charges are a theoretical possibility, but highly unlikely. A prosecution requires knowledge and intent, and it doesn’t appear that Hegseth and others knew Goldberg was on the chat,” he told Newsweek.
Rahmani, now president of the West Coast Trial Lawyers law firm in California, said that there is no political will for prosecutions.
“Practically speaking, a prosecution requires someone willing to charge the case. I can’t see Attorney General Bondi doing so or even appointing a special counsel to investigate the breach,” he said.
What Happens Next
Democrats have called for an immediate investigation into the leak.
Democratic House Minority Leader Hakeem Jeffries said in a statement that the leak was “completely outrageous and shocks the conscience.” He called for House Republicans to join “in a swift, serious and substantive investigation into this unacceptable and irresponsible national security breach.”
