The Republicans are calling for an investigation into who leaked information about secret detention centers to the Washington Post.
They want to know three things:
1: was the information provided to the media classified and accurate?
2: who leaked this information and under what authority?
3: what is the actual and potential damage done to the national security of the United States and our partners in the Global War on Terror?
Let me be clear about a couple things. Whoever leaked this information probably committed a crime. Their action probably harmed our ability to continue to operate these facilities. If these facilities are deemed important for our national security, then the leaker(s) harmed our national security.
Now, having said that, let’s not beg the question. The information has not been refuted, so it must be largely accurate. Are the facilities legal under American law? Are they legal under international law? If they are illegal, then the leaker is a whistleblower. The Republicans have downplayed the leaking of Valerie Wilson’s name, because the leak served to protect the administration. They now decry the leak of the secret detention centers because it hurts the administration. This is an inverted standard.
Leaking classified information should be a crime. If the leak serves to expose official wrongdoing that should mitigate the crime. The government cannot commit crimes and then turn around and prosecute the only people in a position to expose those crimes.
This is an essential safeguard in a democracy.
So, when the intelligence committees conduct their investigation of this leak, they should not only determine whether the leak harmed our national security, but they should determine whether the facilities were illegal.
The Republicans are beginning to make a habit out of arguing that we must violate the law in order to protect the country from attack. I don’t believe we can operate that way. Either we change the laws, or we stop conducting ourselves in violation of the laws.
the letter is below the fold
Honorable Peter Hoekstra
Chairman
Permanent Select Committee on Intelligence
United States House of Representatives
Washington, D.C. 20515
Honorable Pat Roberts
Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20515
Dear Chairman Hoekstra and Chairman Roberts:
We request that you immediately initiate a joint investigation into the possible release of classified information to the media alleging that the United States government may be detaining and interrogating terrorists at undisclosed locations abroad. As you know, if accurate, such an egregious disclosure could have long-term and far-reaching damaging and dangerous consequences, and will imperil our efforts to protect the American people and our homeland from terrorist attacks.
The purpose of your investigation will be to determine the following: was the information provided to the media classified and accurate?; who leaked this information and under what authority?; and, what is the actual and potential damage done to the national security of the United States and our partners in the Global War on Terror? We will consider other changes to this mandate based on your recommendations.
Any information that you obtain on this matter that may implicate possible violations of law should be referred to the Department of Justice for appropriate action.
We expect that you will move expeditiously to complete this inquiry and that you will provide us with periodic updates. We are hopeful that you will be able to accomplish this task in a bipartisan manner given general agreement that intelligence matters should not be politicized. Either way, however, your inquiry shall proceed.
The leaking of classified information by employees of the United States government appears to have increased in recent years, establishing a dangerous trend that, if not addressed swiftly and firmly, likely will worsen. The unauthorized release of classified information is serious and threatens our nation’s security. It also puts the lives of many Americans and the security of our nation at risk.
Thank you for your prompt attention to this matter.
Sincerely,
William H. Frist, M.D.
Majority Leader
U.S. Senate
J. Dennis Hastert
Speaker
U.S. House of Representatives
