Administrative Law Response

A Response to My Critics

Response to A Response to Professor Samuel Rascoff’s Presidential Intelligence, A Response to Professor Rascoff’s Presidential Intelligence, Comment on Presidential Intelligence
Vol. 129 No. 3 In arguing for a new approach to governing intelligence collection, and in assigning the White House a critical role in realizing that goal, Presidential...
National Security Response

Whose Secrets?

Responding to David Pozen, The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information, 127 Harv. L. Rev. 512 (2013)

Response to The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information
Vol. 127 No. 2
National Security Article

The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information

Vol. 127 No. 2 The United States government leaks like a sieve. Presidents denounce the constant flow of classified information to the media from unauthorized, anonymous sources. National security professionals decry the consequences. And yet the laws against leaking are almost never enforced. Throughout U.S. history, roughly a dozen criminal cases have been brought against suspected leakers. There is a dramatic disconnect between the way our laws and our leaders condemn leaking in the abstract and the way they condone it in practice. This Article challenges the standard account of that disconnect, which emphasizes the difficulties of apprehending and prosecuting offenders, and advances an alternative theory of leaking.