By Jeff Landale

In the aftermath of Reality Leigh Winner’s arrest for allegedly leaking several documents related to Russian hacking efforts against U.S. electoral infrastructure, a number of articles outlined apparent failures in good whistleblower operational security. What the information security experts failed to note was that the best protection for leakers of classified information is simple and straightforward: have a high rank or be politically connected.

In 2015, then CIA Director David Petraeus, an army general celebrated for the famous 2007 “Surge” that was meant to allow the U.S. to pull out of Iraq, resigned after investigators discovered he was leaking highly sensitive information to his biographer and mistress, and subsequently lied to FBI investigators. Whether it was in exchange for sex or simply to help her write a more glowing biography remains unclear, because Petraeus was offered a slap-on-the-wrist plea bargain by the DoJ, after which he quickly returned to advising the Obama administration.

Meanwhile, Winner faces years in prison and an unfair trial, unable to mount a public interest defense despite growing indications that the hacking attempts, which have been outright denied by Trump, may have materially affected the vote.

As cybersecurity and defense expert Marcy Wheeler notes, Durham County, NC shifted from electronic to paper ballots on election day after software malfunctions, causing lines and delays in those districts. And the company the election software was the same one revealed to have been probed by Russian hackers in the documents allegedly leaked by Winner.

The “different spanks for different ranks” treatment undermines the narratives put forward by the Trump and Obama administrations that leaks cause grave damage to national security. If that were the case, leaks would be punished equally regardless of the rank or political affiliations of the leaker. The selective punishment indicates that the real goal is to preserve the narrative put forward by the White House.

There’s no indication that the Trump administration will promote a more equitable policy than his predecessor. As a recent example of this, “alt-right” leader Jack Posobiec, famous in part for his role in the pizza-gate conspiracy that led to a gunman firing an assault rifle on a DC pizza parlor, lost his security clearance after tweeting classified information. Yet despite instigating violence and casually leaking information, he remains unprosecuted and free to foment hatred. Meanwhile, public interest whistleblowers are hounded by members of both parties, and we the people suffer as a result.

These inequitable policies do a disservice to the American people and the rule of law. The Department of Justice should shelve the Espionage Act as a tool for prosecuting whistleblowers, starting by dropping the charges against Reality Winner.

Jack Posobiec, proudly flashing Alt-Right gang sign in the White House press room.