FAS

How to Conduct Classified Discovery Interviews

05.12.11 | 1 min read | Text by Steven Aftergood

In preparation for the trial of Jeffrey A. Sterling, a former CIA employee who is accused of unauthorized disclosure of classified information, prosecutors this week wrote to the defendant’s attorney explaining how pre-trial interviews of potential witnesses in the case are to be conducted.

First of all, “If you intend to discuss classified information during an interview, the potential witness must possess the requisite security clearances.”  But “You may not rely on the representations of the potential witness as to the status of that person’s clearances,” wrote U.S. Attorney Neil H. MacBride (pdf) on May 9.  We will verify whether the potential witness has the requisite clearance.”

You may not ask “the true identity of covert employees.”  You may not discuss “the background of covert employees.”  You may not ask questions “about intelligence operations other than that which has been disclosed to you in the discovery materials.”

And so on.  “With these restrictions, which we have reviewed with intelligence officials, we believe that you may conduct interviews with potential witnesses consistent with the Protective Order previously entered by the Court,” the US Attorney wrote.

publications
See all publications
Government Capacity
Press release
FAS Position on “Schedule PC” and Impact on Federal Scientists

If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.

05.20.25 | 3 min read
read more
Government Capacity
Blog
Proposed “Schedule Policy/Career” Rule is Open For Comment Now, and If Implemented Could Significantly Change How Decisions Are Made

When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.

05.20.25 | 3 min read
read more
FAS
Policy Memo
Agenda for an American Renewal

There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.

05.15.25 | 13 min read
read more
Global Risk
Press release
Nuclear Notebook: Russian Nuclear Weapons 2025 Federation of American Scientists Unveils Comprehensive Analysis of Russia’s Nuclear Arsenal

Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.

05.13.25 | 3 min read
read more