Classified Information
83 Articles
Anticipating Phase Two of the Trumped Up “Obamagate”
Grappling with the potential criminal liability of leakers of the Flynn phone call, and how Trump and Barr will exploit it in their ongoing campaign of public deception.
A District Court Endorses a Broken Prepublication Review System
Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
The Legally Troubling Treatment of COVID-19 Meetings as Classified
I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.
The Gravity of Michael Ellis’ Promotion to Senior Director for Intelligence at the White House
The person just put in charge of intelligence at the NSC was credibly accused of abusing the classification system in the Ukraine matter, and was even personally named in the articles…
Barr’s Personal, Ad Hoc Declassification Authority and the Role of Congress
Much of Washington is fixated for varying reasons on the release of the report from Michael Horowitz, the Justice Department’s Inspector General, on the origins of the FBI’s…
GOP “Storming” of Secure Facility for Impeachment Proceedings: An Explainer
How does a "SCIF" work, and can members of Congress be penalized for their en masse protest of testimony in the House impeachment investigation?
Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions
On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
The Pattern and Practice of Trump’s Assaults on the Intelligence Community
Just Security editors—Joshua Geltzer (former DOJ, NSC) and Ryan Goodman (former DOD)—teamed up to: (1) catalog the specific ways in which President Trump has undercut the U.S.…
Bill Barr’s Dangerous New Powers
Former Justice Dept and National Security Council officials explain their concerns about unprecedented powers President Trump handed his A.G.
JFK Records Suit Tests CIA Secrecy on Assassination
Morley v. CIA has wound its way through the courts for 16 years, and revealed some juicy nuggets along the way. The plaintiff, who is the biographer of two top CIA operations officers,…
Declassify the Khashoggi Assessment
George W. Bush declassified inconvenient facts about Iran. The Trump administration should tell the public what CIA knows about Khashoggi.
Trump’s Ability to Classify Mueller Report Is Greater Threat Than Executive Privilege
The prospect of the President invoking Executive Privilege to keep the Special Counsel's report secret has received plenty of attention. Less well-known is this: there are no restrictions…