Because the elements of the crime cannot be established.
Generally, an espionage conviction under the Espionage Act, and 18 U.S.C. § 794 in particular, requires proof of the following elements:
1. Information transmitted is classified government information or relates to national defense ; and
2. The accused acted with the intent or reason to believe the information will harm the United States or help a foreign nation (not necessarily an "enemy" of the United States); and
3. There was a willful communication, transfer, or receipt of the information; or
4. There was an overt act in furtherance of a conspiracy to commit espionage.
The U.S. Code specifies the following acts as violations of the Espionage Act:
To enter or obtain information about any place connected with national defense for the purpose of obtaining information respecting national defense with intent or reason to believe that the information is to be used to the injury of the United States or to the advantage of any foreign nation;
For one who has lawful possession of certain documents, photographs, models, and similar material to transmit such material to one not authorized to receive it;
To make or copy, or attempt to make or copy, any sketch, photograph, plan, and the like of anything connected with national defense for such purpose; or
To receive or agree or attempt to receive from any person such materials when the recipient has reason to believe that they were taken in violation of the Espionage Act.
This is more apt to be a violation of the Logan Act, 18 U.S.C. § 953:
Private correspondence with foreign governments
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.
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