Violation of the Espionage Act?

Heather Cox Richardson Mar 25

Today the editor-in-chief of The Atlantic, Jeffrey Goldberg, dropped the story that senior members of the Trump administration planned the March 15 U.S. attack on the Houthis in Yemen over Signal, a widely available encrypted app that is most decidedly not part of the United States national security system. The decision to steer around government systems was possibly an attempt to hide conversations, since the app was set to erase some messages after a week and others after four weeks. By law, government communications must be archived.

According to Goldberg, the use of Signal may also have violated the Espionage Act, which establishes how officials must handle information about the national defense. The app is not approved for national security use, and officials are supposed either to discuss military activity in a sensitive compartmented information facility, or SCIF, or to use approved government equipment.

The use of Signal to plan a military attack on Yemen was itself an astonishingly dangerous breach, but what comes next is simply mind-boggling: the reason Goldberg could report on the conversation is that the person setting it up included Goldberg—a reporter without security clearance—in it.

Goldberg reports that on March 11 he received a connection request from someone named Michael Waltz, although he did not believe the actual Michael Waltz, who is Trump’s national security advisor, would be writing to him. He thought it was likely someone trying to entrap him, although he thought perhaps it could be the real Waltz with some information. Two days later, he was included in the “Houthi PC small group,” along with a message that the chat would be for “a principles [sic] group for coordination on Houthis.”

As Goldberg reports, a “principals committee generally refers to a group of the senior-most national-security officials, including the secretaries of defense, state, and the treasury, as well as the director of the CIA. It should go without saying—but I’ll say it anyway—that I have never been invited to a White House principals-committee meeting, and that, in my many years of reporting on national-security matters, I had never heard of one being convened over a commercial messaging app.”

The other names on the app were those of Secretary of State Marco Rubio, Vice President J.D. Vance, Director of National Intelligence Tulsi Gabbard, Treasury Secretary Scott Bessent, Secretary of Defense Pete Hegseth, Brian McCormack from the National Security Council, Central Intelligence Director John Ratcliffe, Trump’s Middle East and Ukraine negotiator Steve Witkoff, White House chief of staff Suzy Wiles, perhaps White House deputy chief of staff Stephen Miller, and Trump’s nominee for head of the National Counterterrorism Center, Joe Kent.

Goldberg assumed the chat was fake, some sort of disinformation campaign, although he was concerned when Ratcliffe provided the full name of a CIA operative in this unsecure channel. But on March 14, as Vance, for example, took a strong stand against Europe—“I just hate bailing Europe out again”—and as Hegseth emphasized that their messaging must be that “Biden failed,” Goldberg started to think the chat might be real. Those in the chat talked of finding a way to make Europe pay the costs for the U.S. attack, and of “minimiz[ing] risk to Saudi oil facilities.”

And then, on March 15, the messages told of the forthcoming attack. “I will not quote from this update, or from certain other subsequent texts,” Goldberg writes. “The information contained in them, if they had been read by an adversary of the United States, could conceivably have been used to harm American military and intelligence personnel, particularly in the broader Middle East, Central Command’s area of responsibility. What I will say, in order to illustrate the shocking recklessness of this Signal conversation, is that the Hegseth post contained operational details of forthcoming strikes on Yemen, including information about targets, weapons the U.S. would be deploying, and attack sequencing.”

On the chat, reactions to the military strikes were emojis of a fist, an American flag, fire, praying hands, a flexed bicep, and “Good Job Pete and your team!!,” “Kudos to all…. Really great. God Bless,” and “Great work and effects!”

In the messages, with a reporter on the line, Hegseth promised his colleagues he would “do all we can to enforce 100% OPSEC,” or operations security. In a message to the team outlining the forthcoming attack, Hegseth wrote: “We are currently clean on OPSEC.”

Two hours after Goldberg wrote to the officials on the chat and alerted them to his presence on it by asking questions about it, National Security Council spokesperson Brian Hughes responded: “The thread is a demonstration of the deep and thoughtful policy coordination between senior officials.”

When asked about the breach, Trump responded: “I don’t know anything about it. I’m not a big fan of The Atlantic. To me, it’s a magazine that’s going out of business. I think it’s not much of a magazine. But I know nothing about it. You’re saying that they had what?” There is nothing that the administration could say to make the situation better, but this made it worse. As national security specialist Tom Nichols noted: “If the President is telling the truth and no one’s briefed him about this yet, that’s another story in itself. In any other administration, [the chief of staff] would have been in the Oval [Office] within nanoseconds of learning about something like this.” (continued)