Secrecy & Leaks

House Judiciary Subcommittee Hearing on "National Security Leaks and the Law"

By Steve Vladeck
Friday, July 6, 2012, 11:06 AM

Next Wednesday at 10 a.m. in 2141 Rayburn House Office Building, the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee will be holding a hearing on "National Security Leaks and the Law." Tentatively scheduled witnesses include former AAG Ken Wainstein, Col. Ken Allard, Prof. Nathan Sales from George Mason, and yours truly. Although I suspect some of the hearing's tone will focus on criticism of the current Administration for being insufficiently )(or too) aggressive in pursuing prosecutions of national security leakers, I hope to offer a slightly different take: whatever one's views of the merits of prosecuting alleged leakers (on which I suspect reasonable people will disagree), the Espionage Act is a terribly poor vehicle through which to bring such cases.

The preliminary hearing notice is available here--and will certainly be updated to include the final witness list and prepared statements as we get closer to Wednesday.