Think Progress

“In a momentous expansion of the government’s authority

to regulate public disclosure of national security information,” a federal court has ruled that “even private citizens who do not hold security clearances can be prosecuted for unauthorized receipt and disclosure of classified information.” Under this interpretation, for example, the reporters who leaked the classified report on prisoner abuse at Abu Ghraib “could apparently be prosecuted under the Espionage Act.”



40 Responses to ““In a momentous expansion of the government’s authority”

  1. madashell says:

    the takeover is COMPLETE


  2. Damon S. says:

    Fascism, here we come!


  3. SiriusMrE says:

    This corrupt and war-mongering administration can’t be deposed fast enough!


  4. Willy says:

    This morning the almighty Decider said “that this nation is at war with Islamic fascists”. To me it looks like it’s the Christian fascists vs. the Islamic fascists. It’s almost like watching a football, except the consequences are so much greater.


  5. Barbera says:

    Secret information should remain secret. Prosecute them, all of them.


  6. The DLC are Frauds says:

    “A Federal Court”…
    It’ll be knocked out of the ballpark by the SC. Besides, if they start jailing Journalists we’ll be fighting in the streets anyway.


  7. Willy says:

    #4 should say:

    It’s almost like watching a football game, except the consequences are so much greater.


  8. The DLC are Frauds says:

    The bright spot here is they’re trying to end special relationships. Leaked stories are a symtom of ZERO oversight.
    Journalists just won’t be able to take credit for their leaks for a while…


  9. The DLC are Frauds says:

    Willy,
    I thought about that, too. A campaign ad.:

    A vote for Republican is a vote for wars between christians and muslims!


  10. For Truth says:

    Does this mean no more administrative leaks to the press?


  11. The DLC are Frauds says:

    It means anonymous leaks to anonymous reporters who’ll dump on blogs.


  12. Adrift on the Cosmic Sea says:

    So suppose someone slips a classified memo into someone’s bag, unbeknownst to the bag-holder. Wham–unauthorized recipt! Prosecute ‘em! Good way to get rid of people you don’t like…


  13. June says:

    Secret information should remain secret. Prosecute them, all of them.

    If that “Secret information” discloses that the Government is breaking the law and/or putting American citizens in harms way would you still feel the same way?


  14. the fly-man says:

    So what happens if someone posts a story on a blog, lets say in the comments section, then a major news outlet picks it up and runs it. Who’s responsible?


  15. Democratic Soldier says:

    So, when does Novak go to jail for his leak? Hmmm?!?!?


  16. Cyra Brown says:

    Given GWB’s ability to ‘classify, ‘declassify’, and ‘reclassify’, at will, how would we ever know if a ‘crime’ really occured? Because BushCo said so? Not good enough.


  17. Wilco says:

    Adrift, the article states the person would have to know it’s classified and know it’s illegal to have and disseminate, in order to be prosecuted.
    It doesn’t really seem targeted a the everyday joe schmoe. But journos and pols will have to find more inconspicuous ways to get the information out there.


  18. km4 says:

    Justice Kennedy Warns: “Turning Point in History”
    Wed Aug 09, 2006 at 02:17:00 PM PDT

    In a keynote address at the American Bar Association’s annual meeting in Hawaii, Supreme Court Justice Anthony Kennedy gave a muted warning to members assembled there:

    “We are at another turning point in the history of the law,” Kennedy remarked. Discussing the importance of an independent judiciary, Kennedy added, “I sense a slight foreboding, I sense that we are not making the case as well as we ought.”

    Kennedy went on to say that he defines the rule of law in three parts:

    “The first, is that the law is binding on the government and all of its officals.

    The second part is that the rule of law must respect the dignity, equality, and human rights of every person.

    And then there’s a second sentence. And the second sentence says that the people are entitled to have a voice in the laws that govern them. So there’s a process element. But it isn’t just process. Because the right to participate in government is nothing less than the right to help shape your own destiny.

    My third suggestion for you to think about surprised me when I first wrote it. And it was this: that every person has a right to know what the laws are, and to enforce them without fear of retaliation or retribution.”


  19. Spudge_Boy says:

    Secret information should remain secret. Prosecute them, all of them.

    Comment by Barbera — August 10, 2006 @ 3:43 pm

    So, we should prosicute Bush and Cheney for leaking a covert CIA operatives identity. I can agree with that.


  20. Freedm Hater says:

    communism is wonderful.


  21. Heterodoxy says:

    This story is a bit of a stretch. I suggest you actually read the brief TP as it relates to AIPAC and the foreign affairs director who took that information and gave it to a foreign government. AIPAC, which is full of Israel spies, is a tick in the body of DC and got caught soing it. Did that stop Cheney from speaking at this years AIPAC convention? Hell no. This zionist PNAC admin salutes the Israeli flag before the American flag.

    The infringement on American rights and erosion of its liberties is REAL. The 750+ signing statements among 12 other constitutional violations cited by Conyers proves that however, this story is tied directly to the FACTUAL espionage of AIPAC for Israel.


  22. Tom says:

    #5 – Secret information should remain secret. Prosecute them, all of them. Barbara please remember we used to live in a nation of laws and governed by laws (and not by men). Your current leaders have, at numerous times, exposed all types of information for their own benefit. Remember Mr Rove outing Valerie Plame? I mean, come on. Even a little kid should (and would) remember Bu$hco manipulating all manner of information to use against anybody honest enough to research the truth. Folks such as yourself need to step back from the kool-aid machine and open your eyes. When the rethuglicans get done, you will have to explain to your children how and why you stood around and let a small group of people (People for a New American Century – PNAC) destroy our once great nation. History will show that this group of people are the farthest thing from being patriots. They are warmongers whose friends make a lot of money by waging war. You are enabling them by standing around and spouting silly comments. I am truly afraid for the future if you are brainwashing your kids with this garbage. Maybe you see it as your duty to condition the next generation for war. Maybe you think God wants “us” to win. Maybe you think the “end of days” is coming. Maybe you are absolutely and completely wrong about all you have been supporting these last few years. Please find your brain and start asking questions. The answers are there for you to find, but you have to get around the fact that Bu$hco has made you so frightened you can’t see straight. Please understand that this is Mr Rove’s strategy for dimwits like you. He knows you don’t ask questions. He knows you simply want to feel safe. These folks are not making you any safer, you just feel safer. It’s sorta called be insane Barbara. Please open your mind to a message that is not designed and approved by rovian politics. Bu$hco has not made you (or any of us) any safer. They are raping this country and using you at the same time. How do you feel now?


  23. the war on freedom says:

    The years of court packing by the GOP is finally paying off for them.


  24. nostrafarious says:

    It CAN happen here.


  25. Tom says:

    #24 – Correction sir, It is happening here! I think Barbara is happy about that.


  26. DieNowForPeace says:

    #17 Wilco,
    We have the means for distributing any/all info necessary.
    The internet might just save us all.


  27. the fly-man says:

    Here is something that Mr. Rove and the rest of the leakers of Valerie Plame’s name should be concerned with. From the Article linked above:
    The government must… prove that the person alleged to have violated these provisions knew the [restricted] nature of the information, knew that the person with whom they were communicating was not entitled to the information, and knew that such communication was illegal, but proceeded nonetheless.” Seems pretty simple to me, as George Tenet said” It’s a Slam Dunk”


  28. RUCerious says:

    One part of the ruling, if correctly quoted is interesting…
    “Finally, with respect only to intangible information [as opposed to documents], the government must prove that the defendant had a reason to believe that the disclosure of the information could harm the United States or aid a foreign nation….”

    So how are they going to prove that I would have a reason to believe the information would harm the US, if I could make a case that the disclosure was in the best interest of the country?


  29. RUCerious says:

    My previous point notwithstanding, this means that you don’t have to be in the government for them to come after you (reporters) for disclosing news given to you by whistleblowers.
    A prior restraint of the press. Fascism on the march!


  30. RUCerious says:

    #16 – declassification after the fact will be done on a need to know basis, and as usual, we don’t need to know!


  31. RUCerious says:

    #22 – These are the ones Eisenhower warned us about!


  32. Just plain mad says:

    This may well be the end of free exchange of information on the web if upheld.


  33. Steve53 says:

    Secret information should remain secret. Prosecute them, all of them.

    If that “Secret information” discloses that the Government is breaking the law and/or putting American citizens in harms way would you still feel the same way?

    Comment by June
    ————–
    Hmm.

    Still no answer,June.


  34. Hardy Haberman says:

    Time to start the mgration to Canada or elsewhere, the thugs have taken over completely. Now I know how it felt in Germany in the late 30’s.


  35. Barbera says:

    Anyone need a map?


  36. Barbera says:

    Spudge_Boy
    You stupid … whoops sorry, but dumb ass, the president and vice president have declassifcation authority…. oh I know u forgot that.


  37. Otherworld » Hey, I want to be a superhero! says:

    [...] In a momentuous example of our “conservative” government authority to regulate public disclosure of national security information a federal court has ruled “that even private citizens who do not hold security clearances can be prosecuted for unauthorized receipt and disclosure of classifiedinformation.” Of course this means the reporters who leaked the classified report on prisoner abuse at Abu Gharib could now be prosecuted under the Espionage Act. [...]


  38. Jake says:

    Couple this with attempts to give ther president full control over the National Guard and we’ve got a miltarized police state. U-S-A! U-S-A! U-S-A!


  39. Jake says:

    #

    Willy,
    I thought about that, too. A campaign ad.:

    A vote for Republican is a vote for wars between christians and muslims!

    Comment by The DLC are Frauds — August 10, 2006 @ 3:46 pm

    This is what the Republican base wants more than anything.


  40. Arne Langsetmo says:

    Just to make one point clear:

    The information is “national defense information” (or “NDI”). It desn’t have to be actually “classified” under this law to be such (although the judge did comment that informatin the gummint itself disclosed that was already in the public arena could not constitute such “NDI”).

    Cheers,



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