Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

Key Points

• The bill raises the bar for prosecuting leaks of national defense information under the Espionage Act. Prosecutors would need to prove "specific intent to injure the United States or advantage any foreign nation" rather than the current, much lower standard of acting with "reason to believe" the information could be used against the U.S.
• The bill creates a new legal defense for whistleblowers charged under the Espionage Act. If someone leaked classified information to expose lawbreaking, waste, abuse of power, or dangers to public health and safety, they can use that purpose as a defense in court.
• The bill limits who can be charged under key parts of the Espionage Act to "covered persons" (people with security clearances who signed nondisclosure agreements) and "foreign agents." This is designed to shield journalists and members of the public who receive or publish leaked classified information from prosecution.
• Defendants charged under the Espionage Act would be allowed to testify about their reasons for leaking. Under current law, courts have often blocked defendants from explaining their motivations to juries, which critics say prevents a fair trial.