NATIONAL SECURITY SECRETS AND THE ADMINISTRATION OF JUSTICE - REPORT OF THE SENATE SUBCOMMITTEE ON SECRECY AND DISCLOSURE, 95TH CONGRESS, 2ND SESSION

• NCJ Number: 54608
• Author(s): ANON
• Date Published: 1978
• Length: 54 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE BALANCE BETWEEN ACCOUNTABILITY TO THE LAW AND THE PROTECTION OF NATIONAL SECURITY INFORMATION IS THE FOCUS OF THIS REPORT OF A U.S. SENATE SUBCOMMITTEE ON SECRECY AND DISCLOSURE.

Abstract

THE INTELLIGENCE COMMUNITY AND THE DEPARTMENT OF JUSTICE ARE ESPECIALLY SENSITIVE TO THE IMPORTANCE OF PROSECUTING CRIMES INVOLVING NATIONAL SECURITY INFORMATION DISCLOSURE. INVESTIGATIVE EFFORTS OF THE SUBCOMMITTEE HAVE LED TO THE FOLLOWING FOUR MAJOR CONCLUSIONS: (1) THERE HAS BEEN A MAJOR FAILURE ON THE PART OF THE GOVERNMENT TO TAKE ACTION IN CASES WHERE INFORMATION IS IMPROPERLY DISCLOSED; (2) SEVERAL IMMEDIATE STEPS CAN BE TAKEN TO FACILITATE THE ADMINISTRATION OF EXISTING LAWS, WHILE CONGRESS DETERMINES THE NEED FOR MAJOR REVISION OF ESPIONAGE STATUTES; (3) DISAGREEMENTS OVER THE USE OF CLASSIFIED INFORMATION IN PROSECUTIONS IMPEDE ESPIONAGE PROSECUTIONS; AND (4) THE IMPASSE OVER THE USE OF CLASSIFIED INFORMATION IN PROSECUTIONS OCCURS IN OTHER TYPES OF CRIMINAL CASES AND, AT TIMES, DEFENDANTS MAY HAVE PLACED THE DEPARTMENT OF JUSTICE AT A MARKED DISADVANTAGE IN PERJURY AND NARCOTICS CASES AND POSSIBLY ONE MURDER CASE. BACKGROUND INFORMATION ON THE INQUIRY OF THE SUBCOMMITTEE IS PRESENTED. DETAILS ON ESPIONAGE AND DISCLOSURE INVESTIGATIONS AND LEGISLATIVE AND ADMINISTRATIVE PROPOSALS TO RESOLVE THE NATIONAL SECURITY INFORMATION PROBLEM ARE PROVIDED. CASE LAW IS CITED IN APPENDIXES. (DEP)