All corrections
X October 14, 2026 at 08:01 AM

x.com/ChrisRMcGuire/status/2110148532762001674

1 correction found

1
Claim
If this were being treated as commercial espionage, it would be supported by DOJ's Criminal Division.
Correction

That’s not how DOJ assigns economic-espionage cases. DOJ’s own manual says foreign-benefit economic-espionage charges under 18 U.S.C. §1831 require approval from the National Security Division’s Counterintelligence and Export Control Section.

Full reasoning

DOJ’s public release in this case says it is being prosecuted with assistance from the National Security Division’s Counterintelligence and Export Control Section (CES). That is not inconsistent with an economic-espionage theory.

DOJ’s Justice Manual states that a charge under 18 U.S.C. § 1831 (the Economic Espionage Act provision for trade-secret theft intended to benefit a foreign government, instrumentality, or agent) may not be filed without approval of the Assistant Attorney General for the National Security Division, and that responsibility for reviewing those charges rests with CES. In other words, DOJ’s own rules place foreign-benefit economic-espionage matters in the National Security Division/CES—not exclusively in the Criminal Division.

The same manual separately says prosecutors are strongly urged to consult the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) before bringing 18 U.S.C. § 1832 trade-secret-theft charges. So Criminal Division involvement can occur in some trade-secret cases, but it is incorrect to say that a case treated as “commercial espionage” would be supported by Criminal Division rather than CES.

So the post overstates what CES involvement means and misstates DOJ’s own allocation of responsibility for economic-espionage cases.

2 sources
Model: OPENAI_GPT_5 Prompt: v1.16.0