Latest in Secrecy & Leaks

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.

Federal Law Enforcement

Documents: Statement of Offense and Plea Agreement for James Wolfe

In June, a grand jury in the District of Columbia indicted former Senate intelligence committee security director James Wolfe on three counts of making false statements to federal investigators. On Monday, Wolfe assented to a plea agreement with the Justice Department, pleading guilty to one of those counts.

Secrecy & Leaks

Jaworski Road Map to be Mostly Unsealed

One month ago, the three of us filed a petition in the U.S. District Court for the District of Columbia for the release of the so-called “Watergate Road Map”—one of the last great still-secret Watergate documents. Last week, Chief Judge Beryl Howell, acting in a separate case, ordered the document’s release.

Federal Law Enforcement

Oral Argument Summary: McKeever v. Sessions

On Sept. 21, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in McKeever v. Sessions. Judge Douglas Ginsburg, Judge Sri Srinivasan, and Judge Gregory Katsas reviewed the D.C. District Court’s denial of Stuart McKeever’s petition for the release of records of a grand jury investigation into the 1956 disappearance of Columbia University professor Jesus Galindez.

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