There is no law that categorically prohibits all leaks of classified (or unclassified) information. Instead, there is a patchwork of statutes that outlaw some unauthorized disclosures under some circumstances.
The various statutes that have been used to punish leaks of classified information are surveyed in a new publication from the Congressional Research Service. See The Law and Leaks to the Press, CRS Legal Sidebar, February 22, 2017.
“Not every leak to the press is a federal crime,” CRS notes. Even when a disclosure is a potential crime, the underlying statutes are not self-activating or self-enforcing. Investigators and prosecutors retain considerable discretion about how to proceed.
I discussed some of these issues lately in the Washington Post. See “President Trump’s war on leaks, explained” by Aaron Blake, February 16.
Other noteworthy new or updated reports from the Congressional Research Service include the following.
A New Authorization for Use of Military Force Against the Islamic State: Issues and Current Proposals, updated February 21, 2017
Iran’s Nuclear Program: Tehran’s Compliance with International Obligations, updated February 23, 2017
Federal Building and Facility Security: Frequently Asked Questions, updated February 22, 2017
U.S. Secret Service: Selected Issues and Executive and Congressional Responses, updated February 22, 2017
“Dear Colleague” Letters in the House of Representatives: Past Practices and Issues for Congress, February 22, 2017
Health Care-Related Expiring Provisions of the 115th Congress, First Session, updated February 22, 2017
El Salvador: Background and U.S. Relations, updated February 23, 2017
The North American Free Trade Agreement (NAFTA), updated February 22, 2017
With summer 2025 in the rearview mirror, we’re taking a look back to see how federal actions impacted heat preparedness and response on the ground, what’s still changing, and what the road ahead looks like for heat resilience.
Satellite imagery of RAF Lakenheath reveals new construction of a security perimeter around ten protective aircraft shelters in the designated nuclear area, the latest measure in a series of upgrades as the base prepares for the ability to store U.S. nuclear weapons.
It will take consistent leadership and action to navigate the complex dangers in the region and to avoid what many analysts considered to be an increasingly possible outcome, a nuclear conflict in East Asia.
Getting into a shutdown is the easy part, getting out is much harder. Both sides will be looking to pin responsibility on each other, and the court of public opinion will have a major role to play as to who has the most leverage for getting us out.