Latest in Secrecy: Press Subpoenas

Secrecy: Leaks Prosecutions

Leak Investigations in the Digital Era

Paul makes a good point that digital technology and data analytics make it easier for the government to track journalists’ movements and ascertain the persons in government with whom they communicate.  Charlie Savage makes the same point in his story yesterday on the leak investigations: “[I]t is easier today than in earlier eras to build a circumstantial case that a particular official t

Secrecy: Press Subpoenas

Thoughts on Leak Investigations in the Modern Era

One item in Jack's post on the upcoming leak investigations caught my eye -- he noted that "It is hard to discover leakers without access to journalists’ testimony or notes (which are hard to obtain)."

My sense is that this is increasingly becoming less true.  Indeed, I had one rather high-level IC member tell me, roughly 6 months ago, while discussing another matter, that he thought that there would never again be a subpoena to a journalist for his/her notes, of the sort that landed Judith Miller in jail for contempt of court duri

Targeted Killing

New York Times Files Suit Against DOJ in Pursuit of al-Aulaqi Memo

The New York Times and columnists Charlie Savage and Scott Shane have filed suit under the Freedom of Information Act against the Department of Justice for access to the OLC memo authorizing the targeted killing of Anwar Al-Aulaqi.

Read the filing here (which quotes our own John Bellinger and Jack Goldsmith, and also quotes from John O.

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