(update below)

Senator Joseph Lieberman (Official Senate Portrait)
Senator Joe Lieberman (I-CT) appeared on “Fox News Sunday” to discuss recent leaks from the Obama administration; and according to Talking Points Memo, called for a new law that could be used to go after individuals who leak national security information. He specifically suggested that the law be setup to criminalize government officials who leak to the media.
“I think we need to change the law that’s applied here,” Lieberman stated. “The last person to be convicted of a crime for leaking to the media was more than 25 years ago. We’re still using a 1917 Espionage Act that requires some showing of intent and knowledge that the leak would harm the security of the United States.”
He further confirmed his support for lowering the standard for prosecuting and convicting someone for leaking, “If you disclose without authority classified information, you’ve committed a crime.” This is not surprising considering Lieberman is one of the sponsors of an anti-leaks bill called the Securing Human Intelligence and Enforcing Lawful Dissemination (SHIELD) Act, which would make it a crime to publish or disseminate classified information.
The legislation, re-introduced just after WikiLeaks and other media organizations began to publish the US State Embassy cables, was described by an editorial in the New York Times as legislation that “would plainly violate the First Amendment to punish anyone who might publish or otherwise circulate the information after it has been leaked.” The Times also declared, “If we grant the government too much power to punish those who disseminate information, then we risk too great a sacrifice of public deliberation.”
The bill has not gained much traction at all in Congress, despite having the support of another vociferous critic of leaks, Representative Peter King. It was likely to go nowhere before all of this hysteria over leaks, but now the crisis that Republican lawmakers have ginned up may produce a scenario where anti-leaks legislation like the SHIELD bill begins to move through Congress.
Currently, not all leaks of classified information can be considered violations of the law. As Steven Aftergood of Secrecy News points out, “In order to convict someone of unauthorized disclosure of national defense information (not involving disclosure of documents), Judge T.S. Ellis, III, the presiding judge in the AIPAC case, ruled in 2006 that it would be necessary for prosecutors ‘to demonstrate the likelihood of [the] defendant’s bad faith purpose to either harm the United States or to aid a foreign government.’”
What Lieberman is advocating is a law that would lower this standard by providing government with another tool to make it easier to go after whistleblowers, especially ones who go to the media. Already, as Lucy Dalglish of the Reporters Committee for Freedom of the Press says, President Barack Obama is not “inclined to extend whistleblower protections to people who have security clearances who reveal information that is classified. He and the rest of the people in the administration look at that type of release of information to the media and others as being not a whistleblower situation but rather a leak.” This is why the administration has prosecuted more individuals for alleged leaks under the Espionage Act than all previous presidents in history combined.
NSA whistleblower Thomas Drake, one of the six individuals whom the Obama administration has gone after, suspects politicians could generate pressure for an Official Secrets Act. He says the “real and continuing threat” is the “clear and present danger posed by direct assault on the First Amendment by the government.” The anti-leaks legislation Lieberman supports would likely result in “massive preemptive and proactive censorship.” Such an assault would only further chill freedom of the press by making government officials fear speaking with reporters.
This was further affirmed by New York Times executive editor Jill Abramson in a speech given to journalists at the Investigative Reporters and Editors annual conference Saturday night:
The chilling effect of leaks prosecutions threatens to rob the public of vital information. Sources fear legal retribution for simply talking to reporters. Anyone examining the case of Thomas Drake, a whistleblower who was prosecuted, and what his family went through during his ultimately botched prosecution would think twice before ever talking to a reporter. Reporters fear being subpoenaed in these cases and possibly prosecuted themselves. Several reporters who have covered national security in Washington for decades tell me that the environment has never been tougher or information harder to dislodge. One Times reporter the environment in Washington has never been more hostile to reporting.
She explained that the country has never had an Official Secrets Act but now it seems the Espionage Act is being used as a substitute for such a law.
It is true that the hysteria in Washington over leaks deserves attention, but what deserves even more attention is how the outrage amongst lawmakers seems to stem from the reporters who were able to engage in investigative journalism and piece together a detailed feature story about national security policies and issues in Washington. As Abramson said in her speech (and as Times public editor Arthur Brisbane explained in a recent op-ed), the stories on drone killings and cyber warfare did not come from leaks. They came from months of investigative reporting. And the press has a duty and obligation to bear the secrets of government and make key information known to citizens rather than withholding such information to protect government officials from accountability, scrutiny, or embarrassment.
Much of this hysteria is illegitimate. It’s baseless fearmongering. Unfortunately, White House aide David Plouffe played into the hysteria on “Fox News Sunday.” Fox News reported, “When anchor Chris Wallace asked Mr. Plouffe if President Obama had declassified the information, which would have allowed for the information to be leaked, he answered, ‘No, of course he didn’t.’” Wrong answer.
Perhaps, President Obama did not authorize officials to speak to the press, but government officials speak to the press without authorization all the time. They selectively leak details regularly. The proper answer would have been one that pointed out that no damage to national security has occurred in the aftermath of these leaks, but the Obama administration cannot push this reasonable sober message because they have pursued leaks prosecutions like no other administration in history. Plus, it’s also an election year.
The Republicans are shrewdly reinforcing a perception that Obama leaked national security information for political gain. The administration is susceptible to this offense from Republicans; and since the administration has worked hard to convince Americans that Obama is tough on national security, the Republicans can probably get the administration to do whatever it asks. Republicans have demanded a special counsel be appointed to investigate, instead of the two US attorneys appointed by Attorney General Eric Holder. They are unlikely to get the Obama administration to allow a special counsel to investigate the leaks. However, this is a bargaining chip for a future compromise that could include some kind of anti-leaks legislation. The Republicans may not get a special counsel, but Obama may say he recognizes their concern and quietly support a legislative measure to prevent future leaks.
Update
Former State Department spokesperson PJ Crowley explained here in this op-ed a few days ago why leaks aren’t the problem and the country needs more disclosures.



25 Comments

Joe Lieberman: still a contemptible piece of human rubbish after all these years.
As most anyone who has held a security clearance knows, one of the items constantly harped on is that it is quite possible and sometimes even easy to figure out the details of a classified operation using nothing but unclassified pieces of information.
And to think, this man was almost a heartbeat away from the presidency years ago!
He wants his legacy to be turning the US into the same sort of police state as Israel.
Kevin, was it really necessary to include a picture of that disgusting scumbag with this post? As if his beliefs aren’t repulsive enough you choose to subject us to eye pollution as well. That’s cruel.
The obvious solution, to Lieberman’s ilk, is to classify everything.
Just not on Saturdays, because he values his religious beliefs over country.
Don’t you just love the hypocrisy that the Israeli government exhibits when it describes Israel as a “democratic Jewish state”?
If’n you think that Al Gore would have not had 9/11 happen (a slew of theories for why that might have been), then having Lieberman disappear from history in 2008 might have been a good alternative. No 9/11. No Homeland Security committees. No Iraq War. No Afghanistan war. No debt fetishists. No climate change deniers. And likely no President Obama.
That one’s easier to game out that what the consequences of Hubert Humphrey winning in 1968 would have been.
Where’s the hypocrisy? They’re not calling it a democratic Israeli state. Apartheid and segregation work like that. Democracy for one group but not for another.
And JoeLie is apparently using as his official picture one taken about 25 years ago
Why does the U.S. need new laws when it can just lock someone up forever or assassinate someone at will.
You mean, before the lower half of his face melted?
For at least two generations the US has been classifying nearly ever document it produces, particularly the Departments of Defense and State. This has far less to do with “National Security” than it does with National Embarrassment.
This should be clearly evident to anyone who has read even a smattering of the Wiki documents.
A law like this gives legitimacy to any and all acts by government no matter how despicable!
Yet another reason to despise the Democratic Party: they welcomed that whiny putz back into the fold even though he had supported the other party’s presidential nominees.
With friends like Lieberman, who needs enemies?
Lest we forget, this POS was Obama’s choice for mentor when he entered the US Senate.
Book Salon up with Bruce Schneier’s Liars & Outliers: Enabling the Trust that Society Needs to Thrive hosted by James Fallows
Lieberman is a piece of filth. Appearing on Fox – who appears on Fox. Lieberman with more gag me barfing. Obviously these right wing buffoons and buffoonettes are trying to harm the President with the election coming up. Leaks that flatter the President just can’t continue. How awful.
A good reason to despise the GOP of corporate trolls and billionaire polluters who own them.
It is amazing how casually ‘left’ politicians are willing to void massive sections of the Constitution in the wake of 9/11. The Jamaicans have a saying, “Same thing for breakfast” akin to meet the new boss, the same as the old boss.
This will be my first election I will not vote for a single Democrat.
Oh now, Joe. Why all the secrecy? What are you doing?
I still don’t get how these leaks flatter the President.
Some voters think it’s OK to kill whomever you want, whenever you like, on hearsay evidence?
As for Joe, he’s an Israeli agent, pure and simple.
LIEberman…PLEASE PLEASE PLEASE GO A W A Y. you disgusting piece of human excrement! You Judas you fraud you scum sucker you Benedict Arnold, you accomplice to war criminals, you sore loser you pathetic pathetic little man! Just leave and take you creepy wife with you and go to work for your Insurance corporate string pullers you wooden headed pup it F. U.! It will be glorious day when you leave this earth and go to HELL!
Obama has a long close relationship with Lieberman, so he will certainly entertain the idea coming from such a “trusted” source. It was a short six years ago that Obama supported Lieberman (over progressive Ned Lamont) for Connecticutt Senate. Even after Lamont won the Democratic primary, Obama’s only support for his party’s nominee was an email sent out a few days before the election, which “Independent” Lieberman won. So obviously, BO has great loyalty to the (Israel First!) senator. F’em both.
Is that what the people of Israel want Jo? Is that what Netanyaya asked you for? Well, FU** YOU and all the clowns you road in with and will get run out with… You’re done Joe… Move to Tel Avi and NEVER COME BACK – EVER.