'Why not the press?' Trump may use this century-old law to prosecute and jail journalists

A new report suggests that President Donald Trump may soon be setting his sights on the Fourth Estate, and his administration is already allegedly looking for a "test case" to see how much it can get away with in the courts.

That's according to a Monday article in Rolling Stone, which reported that unnamed sources close to the White House say Trump is considering the Espionage Act to prosecute journalists who report on leaks obtained from inside the administration. According to Rolling Stone, the president was so incensed about reporting on a leaked Pentagon report that undermined his claims about Iranian nuclear sites being "obliterated" as a result of strikes he ordered in mid-June that he contemplated using the 108 year-old law to bring cases against reporters.

"Why not the press?" Trump reportedly said during the conversation.

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The source said that the Trump administration would not only charge individual journalists under the Espionage Act, but would also indict their employers as "co-conspirators" and bring cases against publications. A separate source described as a "senior Trump administration official" affirmed that the question of whether to invoke the Espionage Act wasn't merely theoretical.

"All we’d really need is one text or email from a reporter telling a source: ‘Can you pull something for me?’ or something very direct of that nature,” the senior official told Rolling Stone. “If somebody in the media wasn’t careful even for a split second, that could make the difference between a reporter, and a criminal.”

Rolling Stone's Ryan Bort and Asawin Suebsaeng recalled a comment from an unnamed conservative attorney close to Trump who suggested in December that Trump's second term would be "brutal" in his approach to whistleblowers, leakers and journalists who they speak to. That attorney promised that Trump's second administration would "be even more aggressive" in its crackdown on leaks and reporters that publish them.

Trump isn't the first president to use the Espionage Act against journalists, however. Bort and Suebsaeng reported that former President Barack Obama's administration indicted eight sources under the law, though Trump had already surpassed that number just two years into his first term.

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Click here to read Rolling Stone's full report (subscription required).