Classified Information
86 Articles

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.

Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]
An explainer about some common misconceptions, and how the litigation will likely play out.

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.