On the recordMarch 8, 2023
The problem with these civil penalties is not that it is going to bankrupt any government officials, but it has a tremendous chilling effect on anyone trying to do their job, on any Federal law enforcement or intelligence community official trying to protect our country, trying to enforce our laws, trying to keep Americans safe, trying to keep our democracy safe because what these penalties will do is create an amorphous barrier to this amorphous law where no one has any idea whether what they are doing is lawful or unlawful because who is to define lawful speech? Well, traditionally, it is a court, and it is government officials who have to make that initial call, that initial discretionary decision whether or not speech is lawful. In what world, if they are risking a $50,000 fine, are they ever going to take a risk to actually try to do something that might be on the line? What these penalties will ultimately do is encourage good, upstanding, patriotic American Federal officials not to pursue their jobs, not to do their jobs in the way that we, the American people, need them to do their jobs, in a way that keeps us safe, in a way that enforces our criminal laws, in a way that protects us. That will not happen because they are going to be fearful that they will lose a third to a quarter of their salary if they violate this H.R. 140.…





