FAS In Depth June 15, 2012: Leaks and National Security

FAS In-Depth: June 15, 2012

Leaks and National Security

The brewing controversy over leaks of classified information presumes that disclosures of classified information to unauthorized persons are always impermissible and undesirable.  But that presumption does not correspond precisely to the reality of government operations as they are conducted in practice. A resolution introduced by Sen. John McCain and twenty Republican colleagues calling for appointment of a special counsel to investigate recent leaks stated flatly that “the unauthorized disclosure of classified information is a felony under Federal law.” Speaking on the Senate floor on June 12, Senator John Cornyn said that "the unauthorized release of classified information is a crime–it is a crime–because it threatens our national security and puts the lives of those who are sworn to defend our Nation in jeopardy. Everyone agrees [this] is criminal conduct.” Steven Aftergood writes that these statements are imprecise and misleading.  While some unauthorized disclosures of classified information are indeed contrary to law, it is not the case that all such disclosures violate the law.  In fact, there is no law that categorically prohibits the release of classified information. For more information on leaks and the threat to national security, check out these FAS resources and much more on our website. FAS Projects: Government Secrecy Project Secrecy News Blog Posts Not All Leaks of Classified Information Violate the Law Some Unauthorized Disclosures of Classified Info Are Routine The Leak Wars McCain Calls for Special Counsel to Investigate Leaks Congressional Research Service Reports: Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act Criminal Prohibitions on the Publication of Classified Defense Information Protection of Classified Information by Congress: Practices and Proposals The Protection of Classified Information: The Legal Framework The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigation Press Coverage: Jun 12: National Public Radio, "Does Leaking Secrets Damage National Security?" Jun 11: Reuters - The Great Debate blog, "Sometimes Leaking Classified Information is Perfectly Fine" Jun 11: Washington Times, "White House Backs Holder's Decision to Appoint U.S. Attorneys to Probe Leaks" Jun 10: Washington Post, "Leak Probe's Risks for Administration Depend on Two Veteran Prosecutors" Jun 9: New York Times, "For U.S. Inquiries on Leaks, a Difficult Road to Prosecution" Jun 9: New York Magazine, "Eric Holder Launches National Security Leak Investigation" Jun 8: Politico, "The 'Leak' Wars" Jun 7: Salon, "Probing Obama's Secrecy Games" Jun 7: CNN, "Congressional Leaders Call for Halt to 'Cascade of Leaks'" Jun 7: CNN, "Obama Has Been 'Very Tough' on Leakers" Other Resources: Feinstein, Chambliss, Rogers, Ruppersberger Deplore Leaks of Classified National Security Information Report on Sensitive Compartmented Information Leaks in the Department of Defense (Deputy Inspector General for Intelligence, Department of Defense) Secrets and Leaks: The Costs and Consequences for National Security (Remarks by Congressman Pete Hoekstra, Chairman of the House Permanent Select Committee on Intelligence to the Heritage Foundation) Statement of John Ashcroft Concerning the Unauthorized Disclosure of Classified Information (Department of Justice)