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Secrecy: Leaks Prosecutions

Harold Thomas Martin III Indicted on Charges of Willful Retention of National Defense Information

Jane Chong   Sat, Feb 11, 2017, 10:25 AM

On Wednesday, a federal grand jury indicted Harold ("Hal") Thomas Martin III, a former private contractor for Booz Allen Hamilton, of willful retention of national security information. The 20-count indictment describes his unauthorized retention of documents belonging to the National Security Agency, as well as the Central Intelligence Agency, U.S. Cyber Command, and the National Reconnaissance Office; the theft took place over a period as early as 1996 until August 27, 2016.

Military Justice

Chris Jenks on the Petraeus Plea

Benjamin Wittes   Fri, Mar 6, 2015, 8:28 AM

The estimable Chris Jenks writes in from Australia with the following thoughts on my piece yesterday on the David Petraeus plea:

Appreciated your comments on Petraeus. One additional factor which resonates with me and I think most military folks is that Petraeus was a general court martial convening authority for a decade or more. He decided what cases were referred to a court-martial. He decided on the terms of plea deals.

Secrecy: Leaks Prosecutions

Thoughts on the Petraeus Plea

Benjamin Wittes   Thu, Mar 5, 2015, 4:00 PM

Over at The Intercept, Peter Maass complains that the plea deal for David Petraeus is "yet another example of a senior official treated leniently for the sorts of violations that lower-level officials are punished severely for."

At Bloomberg View, by contrast, columnist Eli Lake argues that, while wrong, Petraeus's sins are just not that big a dea

Secrecy: Leaks Prosecutions

Reactions to NYT Story on North Korean Cyber Penetration

Jack Goldsmith   Mon, Jan 19, 2015, 9:45 AM

David Sanger and Martin Fackler write in the NYT that the NSA “drilled into the Chinese networks that connect North Korea to the outside world, picked through connections in Malaysia favored by North Korean hackers and penetrated directly into the North with the help of South Korea and other American allies,” and also placed malware in North Korean computer systems “that

Privacy

On Journalists’ Claims for Immunity From Legal Accountability

Jack Goldsmith   Mon, Nov 3, 2014, 8:37 AM

I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government.  Such publications are often costly, sometimes very costly, to national security – more so than is generally realized.  But as I wrote in Power and Constraint, “it does not follow that the media’s pursuit of government secrets is bad for American society, or even for national security, all things consi

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