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Category Archives: Secrecy: Leaks Prosecutions

Why These Leaks Hurt

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Friday, June 7, 2013 at 2:47 PM

[Editor's Note: Carrie Cordero is a frequent Lawfare guest poster, a former Justice Department official, and currently Director of National Security Studies at Georgetown University Law Center]  As someone who previously practiced before the FISA Court, my first reaction to seeing what appeared to be a leaked Top Secret FISA Court order containing the name of a telecommunications . . .
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Can You Understand These Data Collection Stories Without Understanding the Minimization Procedures?

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Thursday, June 6, 2013 at 11:39 PM

Four comments on today‘s Washington Post story (and the Verizon story on domestic and foreign data collection): First, today’s Post story reminded me of this very interesting 2008 post from David Kris.  It is worth re-reading now. A key passage: As far as I can determine, the government seems to have persuaded the FISA Court . . .
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An Explainer on the Espionage Act and the Third-Party Leak Prosecutions

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Wednesday, May 22, 2013 at 1:00 PM

The press scandals keep on coming for the Obama Administration. Hot on the heels of revelations that the administration subpoenaed the Associated Press’s phone records as part of a leak investigation, the Washington Post reported on Monday that the Department of Justice (DOJ) targeted James Rosen, a Fox News reporter, in the Espionage Act investigation . . .
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Administration Thoughts on the James Rosen Furor

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Tuesday, May 21, 2013 at 4:46 PM

An administration national security official writes in with the following thoughts on the furor over the warrant application against James Rosen of Fox News: There is a great deal of hyperventilation—much of it self-interested on the part of the press—about the Administration’s “assault on the First Amendment.” In particular, the Administration has been roundly [criticized] . . .
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DOJ Crosses New Line in Leak Investigation of Fox News Correspondent James Rosen

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Monday, May 20, 2013 at 2:53 PM

A few years ago I wrote an op-ed that gave these reasons (among others) why the USG should not prosecute Julian Assange for the WikiLeaks disclosures of State Department cables: A conviction [of Assange] would also cause collateral damage to American media freedoms.  It is difficult to distinguish Assange or WikiLeaks from The Washington Post.  National security . . .
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Carrie Cordero on AP Subpoenas

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Friday, May 17, 2013 at 5:00 PM

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law: In light of the hysteria over reports that the Department of Justice subpoenaed AP records during the course of a leak investigation, it might be useful to step . . .
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Explainer on the AP Subpoenas Controversy

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Thursday, May 16, 2013 at 5:00 PM

It’s been a rough week for the Obama Administration. In addition to outrage over IRS targeting of conservative groups and continued conspiratorial rumblings about the Administration’s response to the Benghazi attack, the Department of Justice (DOJ) faces blowback over subpoenas it issued for Associated Press (AP) reporters’ telephone records. The subpoenas were part of an . . .
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AP: DOJ Secretly Obtained AP Reporters’ Phone Call Records

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Monday, May 13, 2013 at 9:30 PM

So we learn from this Associated Press story.  It hints that the records’ acquisition may stem from a DOJ inquiry into the disclosure, last year, of classified material to the AP—regarding the CIA’s disruption of an AQAP effort to blow up a bomb on an airplane traveling to the United States.   (The AP broke the AQAP . . .
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New Reports from CRS

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Monday, February 25, 2013 at 11:12 AM

Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists’ Secrecy News) that may be of interest to Lawfare readers. They focus on access to government information and criminal prohibitions on leaking classified defense information. The first provides an overview of the four relevant statutes (the Freedom of Information . . .
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Readings: David Pozen on “The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information”

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Sunday, February 24, 2013 at 5:36 PM

I’m not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through the unilluminating manner in which the subject had been previously discussed, and that thus changes the way . . .
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Update on the Bradley Manning Case

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Monday, January 14, 2013 at 8:06 AM

Last week saw several new developments in the Bradley Manning case. Prosecutors announced on Wednesday that they intend to offer evidence that Osama bin Laden received some of the classified information that Manning allegedly provided to WikiLeaks. The government, relying in part on a Civil War precedent, plans to use the evidence to support a . . .
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WaPo on Classified Information Matters in USA v. Kiriakou

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Thursday, October 11, 2012 at 9:02 AM

Here’s the latest fromthe Washington Post,on the Espionage Act, Intelligence Identities Protection Act, and false statements case against John Kiriakou, the former CIA officer who helped capture Abu Zubaydah: Lawyers for a former CIA officer accused of leaking the names of covert operatives have told a judge that they will need to expose a wide . . .
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More on Matthew Bissonnette

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Saturday, September 15, 2012 at 6:43 AM

Lawfare reader Col. Fritz Barth USMCR (ret.) writes in with this comment on the SCI nondisclosure obligations of Matthew Bissonnette, author of No Easy Day: There is one additional element of Bissonette’s SCI access that seems to have been overlooked.  He has left the service (separated, not retired at age 36 as some have said).  When . . .
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The Government’s Conundrum in Responding to “No Easy Day”

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Tuesday, September 11, 2012 at 10:37 AM

“How the hell can we run sensitive operations here that go after enemies if people are allowed to do that?,” asked Secretary of Defense Leon Panetta, on CBS, in response to the revelations about the Bin Laden mission by former SEAL Matthew Bissonnette in No Easy Day.  Panetta’s question makes plain the pressure on DOD . . .
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Matthew Bissonnette’s Duties Concerning Classified Information

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Monday, September 10, 2012 at 4:37 PM

Tom Ricks has an uncharacteristically uninformed post about the No Easy Day kerfuffle, in which he claims that it “would be a bad thing if people came to expect some sort of right of the military to review memoirs, and adds that “I know CIA does that sort of thing, but I don’t remember the . . .
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Constitutional Challenges Denied in U.S. v. Kiriakou

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Friday, August 10, 2012 at 1:58 PM

This just in – sort of.  On Wednesday, Judge Leonie Brinkema denied John Kiriakou’s motion to dismiss certain counts against him on vagueness and overbreadth grounds.  Not at all surprising stuff, considering the skepticism Brinkema had expressed during oral argument.  The court’s written ruling is up at Politico’s website, where you’ll also find some related . . .
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Leaks Legislation Update

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Monday, August 6, 2012 at 7:40 AM

I’ve been less than on the ball about covering the Senate Intelligence Committee’s new anti-leak legislation. Here’s the bill text. Here’s a good summary by Steve Aftergood over at Secrecy News. Here’s a column by the Washington Post‘s David Ignatius on the subject. Looking at Section 506, I suppose I should pay the whole thing . . .
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Motions Hearing Today in U.S. v. Kiriakou

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Friday, July 20, 2012 at 4:17 PM

This morning, U.S. District Judge Leonie Brinkema denied ex-CIA officer John Kiriakou’s request for more detail about the government’s allegations against him, while preserving his ability to revisit issues related to that request later; rejected his claim of selective prosecution out of hand; and took his third and final request— to have the case’s key . . .
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Consolidated Reply and Motions Hearing in USA v. Kiriakou

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Thursday, July 19, 2012 at 8:08 PM

Last week, security officials unsealed John Kiriakou’s consolidated reply - in which the defendant takes on the government’s opposition to his motion for a bill of particulars, and his motion to dismiss on selective/vindictive prosecution as well as vagueness and overbreadth grounds. By way of reminder, the defense motions are set for argument tomorrow at 9 . . .
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“Any Unauthorized Disclosure”

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Thursday, July 12, 2012 at 3:14 PM

There seem to be many things habeas counsel might dislike about the proposed Memorandum of Understanding that DOJ has asked David Remes to sign.  But like Ben, I’ll wait until I see the government’s response to David’s motion regarding the MOU before I form any views.     In the meantime, though, here’s one current events-y detail that caught my eye.   Text . . .
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