Thomas Drake Indicted Under Espionage Act for NSA Whistleblowing

Former NSA senior executive Thomas Drake was indicted on ten felony counts, including five under the Espionage Act of 1917, marking the Obama administration’s aggressive prosecution of national security whistleblowers. Drake faced up to 35 years in prison for allegedly retaining classified documents related to NSA surveillance programs and waste.

Background and Whistleblowing Activity

Thomas Drake, a decorated Air Force and Navy veteran, served as a senior executive at the NSA where he witnessed massive waste in the Trailblazer surveillance program and expanded domestic surveillance operations. After reporting his concerns through proper channels to NSA officials, the Department of Defense Inspector General, and congressional intelligence committees, Drake eventually spoke with a Baltimore Sun reporter about NSA waste and constitutional violations.

The Charges

The government charged Drake with five counts under the Espionage Act for retaining—not leaking—national defense information, along with obstruction of justice and making false statements. This unprecedented prosecution targeted a whistleblower who had followed proper reporting procedures before going to the press. The charges came as part of the Obama administration’s crackdown on whistleblowers, representing one of only three or four such prosecutions in U.S. history prior to 2009, yet the fifth prosecution for media disclosures brought since Obama took office.

Context: War on Whistleblowers

The Drake prosecution exemplified the Obama administration’s aggressive stance toward national security whistleblowers, using the World War I-era Espionage Act—originally designed to punish spies—against government employees who exposed waste, fraud, and constitutional violations. The case raised profound concerns about press freedom and government accountability, as Drake’s alleged crime was retaining documents that revealed government misconduct rather than legitimate national security secrets.

Case Outcome

In June 2011, just before trial, the government’s case collapsed when prosecutors dropped all ten original charges. Drake pleaded guilty to a single misdemeanor for exceeding authorized computer use. Federal Judge Richard D. Bennett criticized the government’s prosecution as “unconscionable” and sentenced Drake to one year probation and 240 hours of community service, avoiding any prison time.

Significance

The Drake prosecution demonstrated the government’s willingness to use severe legal threats to intimidate whistleblowers, even when the underlying case was weak. While Drake ultimately prevailed, the five-year ordeal destroyed his career, drained his finances through legal fees, and sent a chilling message to other potential whistleblowers about the personal costs of exposing government wrongdoing.