Latest in Secrecy & Leaks

Secrecy & Leaks

The Assange Indictment Seeks to Punish Pure Publication

There is a lot to digest in the superseding indictment of Julian Assange, which charges the Wikileaks founder with 17 counts under the 1917 Espionage Act in connection with the Chelsea Manning disclosures. But three of those counts represent a profoundly troubling legal theory, one rarely contemplated and never successfully deployed. Under those counts, the Justice Department now seeks to punish the pure act of publication of newsworthy government secrets under the nation’s spying laws.

Cybersecurity and Deterrence

Why Are the U.S.'s Cyber Secrets Getting Stolen? Because China’s Getting Better At Stealing Them.

The New York Times published a major story last week, drawing on research from the cybersecurity company Symantec. The story revealed how a group of elite Chinese hackers known as APT3 had apparently gained access to powerful American hacking tools and used them to penetrate governments and companies of American allies.

Federal Law Enforcement

Document: Former Intelligence Analyst Charged With Providing Classified Information to Reporter

On Thursday, the U.S. District Court for the Eastern District of Virginia unsealed an indictment charging Daniel Everett Hale, a former intelligence analyst with the Air Force and National Security Agency and a former contractor at the National Geospatial-Intelligence Agency, with five counts, including four under the Espionage Act, for providing classified information to a reporter.

Federal Law Enforcement

The Durham Investigation Is Not About the Steele Dossier

A letter this week from two Republican House members to John Durham, the U.S. attorney in Connecticut, revealed that the lawyer for former FBI General Counsel James Baker had said that Baker could not answer certain questions during his congressional testimony because Baker was the subject of a criminal investigation into leaks being conducted by Durham.

Donald Trump

Document: Don't Take Trump's Tweets Literally, Justice Department Argues

The Department of Justice submitted an unusual court filing in litigation over the release of the Carter Page FISA, arguing that the president's statements on Twitter concerning the Page FISA should not be assumed to be accurate or based on the president's personal knowledge of the underlying issue. The document, which was filed on Nov. 30 and first flagged by USA Today reporter Brad Heath, is available here and below.

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