United States v. Rosen

MEMORANDUM OPINION

ELLIS, District Judge.

In this Espionage Act prosecution, defendants Steven Rosen and Keith Weiss-man have been charged in Count I of a superseding indictment with conspiring to transmit information relating to the national defense 1 to those not entitled to receive it, in violation of 18 U.S.C. § 793(g). Defendants, by pretrial motion, attack the constitutionality of § 793 in three ways. First, they argue that the statute, as-applied to them, is unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment. Second, they argue that the statute,…