The Washington Post One of the startling features of the new legislation to criminalize "leaks" of classified information is that it represents a wholesale transfer of power to the executive branch, which would enjoy discretion over what to classify and whom to prosecute.
Letters to the Editor
October 31, 2000; Page A22
Diminishing Congressional Oversight
It is not even true that future prosecutors would have to demonstrate that an unauthorized release "actually injured the nation," as The Post reported [news story, Oct. 24].
To the contrary, the conference report on the bill states explicitly that "the government should not be required to prove that damage to the national security actually has or will result from the unauthorized disclosure."
Because leaks to the media have provided the most reliable warnings of executive branch misconduct, the new legislation would tend to diminish Congress's own oversight capacity where it is most needed. Congressional zealots should not be permitted to inflict such damage on their institution, which belongs to all of us.
STEVEN AFTERGOOD
Director
Project on Government Secrecy
Federation of American Scientists
Washington© 2000 The Washington Post