Kyl Amendment on Leaks is Withdrawn, Amended, Reintroduced
A sweeping proposal by Senator Jon Kyl (R-AZ) to criminalize the unauthorized disclosure or publication of classified information about U.S. Government activities relating to terrorism was abruptly withdrawn on February 28 in the face of vigorous protests by public interest, press and First Amendment advocacy groups.
But then a modified, more narrowly focused version was reintroduced on the Senate floor on March 2 as an amendment to S.4, the pending bill on enacting the remaining recommendations of the 9/11 Commission.
The new Kyl amendment (pdf) would penalize employees of the House or Senate or other authorized personnel who knowingly disclose classified information that is contained in a report to Congress.
“Singling out employees of Congress for criminal sanctions would be virtually unprecedented,” said Kate Martin, director of the Center for National Security Studies.
It also “raises serious separation of powers concerns,” she said, since classification criteria and practices are dictated by the executive branch. “And it would demonstrate a lack of confidence by the Congress that it can police its own house.”
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.
How the United States responds to China’s nuclear buildup will shape the global nuclear balance for the rest of the century.