USE OF CLASSIFIED INFORMATION IN LITIGATION - HEARINGS BEFORE THE SENATE SUBCOMMITTEE ON SECRECY AND DISCLOSURE, 95TH CONGRESS, 2ND SESSION, MARCH 1, 2, 6, 1979

• NCJ Number: 54793
• Author(s): ANON
• Date Published: 1978
• Length: 288 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THESE PUBLIC HEARINGS ADDRESSED ISSUES CONCERNING CONFLICTS BETWEEN SECRECY AND DISCLOSURE OF NATIONAL SECURITY-RELATED INFORMATION NEEDED TO PROSECUTE SUCH CASES AS INFORMATION LEAKS AND ESPIONAGE.

Abstract

THE U.S. SENATE SUBCOMMITTEE HEARINGS WERE HELD IN MARCH 1978 AS A RESULT OF CONCERN OVER THE PROBLEM OF SECRECY AND THE DISCLOSURE OF CLASSIFIED INFORMATION. GOVERNMENT AGENCY REPRESENTATIVES AND OTHER INDIVIDUALS INVOLVED IN THE ISSUE OF INFORMATION SECRECY AND DISCLOSURE ATTENDED THE HEARINGS; EIGHT PERSONS MADE PRESENTATIONS, AND THE PREPARED STATEMENTS OF FOUR PERSONS WERE SUBMITTED FOR THE RECORD. IT HAD BEEN DETERMINED THAT THE DISCLOSURE OF INTELLIGENCE INFORMATION COULD IMPEDE THE INVESTIGATION AND PROSECUTION OF CRIMES DIRECTLY AND INDIRECTLY RELATED TO NATIONAL SECURITY, INCLUDING PERJURY TO CONGRESS, NARCOTICS VIOLATIONS, POSSIBLE VIOLATIONS OF LEGISLATIVE CHARTERS ESTABLISHED IN THE INTELLIGENCE COMMUNITY, AND MURDER. AN INQUIRY INTO OVER 40 ACTUAL CASES PERTINENT TO SECRECY, THE DISCLOSURE OF CLASSIFIED INFORMATION, AND ESPIONAGE HAD DEMONSTRATED THAT THERE IS A MAJOR BREAKDOWN IN THE ADMINISTRATION OF CRIMINAL ESPIONAGE STATUTES IN LEAK CASES. THIS BREAKDOWN IS THE RESULT, IN PART, OF AN IMPASSE BETWEEN THE DEPARTMENT OF JUSTICE AND THE INTELLIGENCE COMMUNITY ON HOW TO HANDLE CLASSIFIED INFORMATION NECESSARY FOR INVESTIGATION AND PROSECUTION. NO MECHANISM IS AVAILABLE TO WEIGH RISKS OF FURTHER DISCLOSURE AGAINST BENEFITS OF PROSECUTION. IN LEAK CASES, THE INTELLIGENCE AGENCY WHOSE INFORMATION IS LEAKED USUALLY HAS THE INFORMATION AND EXPERTISE NECESSARY TO INVESTIGATE OR PROSECUTE THE LEAK. OFFICIALS OFTEN DISCLOSE CLASSIFIED INFORMATION IN THE COURSE OF PUBLIC DEBATE BECAUSE THEY BELIEVE SUCH INFORMATION IS IN THE NATIONAL INTEREST. THE DIFFICULTY IS THAT NO WAY EXISTS TO ASSURE THAT THE PUBLIC RECEIVES A BALANCED SELECTION OF INTELLIGENCE INFORMATION THAT IS IMPORTANT TO PUBLIC DEBATE ABOUT DEFENSE AND FOREIGN POLICY. DISAGREEMENT OVER THE USE OF CLASSIFIED INFORMATION OFTEN HINDERS CLASSICAL ESPIONAGE PROSECUTIONS, BUT CONSTITUTIONAL PROBLEMS (FIRST AMENDMENT PROBLEMS IN PARTICULAR) ARE LESS SEVERE IN THESE PROSECUTIONS THAN IN LEAK CASES. APPENDIXES LIST COURT CASES, GOVERNMENT DOCUMENTS, STATUTES, AND OTHER MATERIAL RELEVANT TO THE USE OF CLASSIFIED INFORMATION IN LITIGATION. (DEP)