Attorney General Holder Should Immediately Appoint Special Counsel to Investigate Leaks
"The numerous national security leaks reportedly originating out of the Executive Branch in recent months have been stunning."
WASHINGTON - Citing an ‘avalanche' of' national security leaks originating out of the Executive Branch 31 senators have written to Attorney General Eric Holder requesting he immediately appoint a special counsel, free from the appearance of a politics or undue influence, to investigate the matter."The numerous national security leaks reportedly originating out of the Executive Branch in recent months have been stunning," wrote the senators. "If true, they reveal details of some of our Nation's most highly classified and sensitive military and intelligence matters, thereby risking our national security, as well as the lives of American citizens and our allies. If there were ever a case requiring an outside special counsel with bipartisan acceptance and widespread public trust, this is it."
The letter was circulated by Senator Lindsey Graham (SC) and signed by Senators Lamar Alexander (TN), Kelly Ayotte (NH), John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Richard Burr (NC), Saxby Chambliss (GA), Susan Collins (ME), John Cornyn (TX), Mike Crapo (ID), Jim DeMint (SC), Mike Enzi (WY), Charles Grassley (IA), John Hoeven (ND), Mike Johanns (NE), Mark Kirk (IL), Mitch McConnell (KY), John McCain (AZ), Jerry Moran (KS), Lisa Murkowski (AK), Rand Paul (KY), Rob Portman (OH), James Risch (ID), Pat Roberts (KS), Marco Rubio (FL), Jeff Sessions (AL), John Thune (SD), Pat Toomey (PA), David Vitter (LA), and Roger Wicker (MS).
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GOP senators press Holder for special prosecutor into potential national security leaks
Published June 26, 2012
FoxNews.com
GOP senators are putting the pressure on Attorney General Eric Holder to appoint a special counsel to investigate whether the White House is responsible for national security leaks.
“The numerous national security leaks reportedly originating out of the executive branch in recent months have been stunning,” according to a copy of the letter to Holder, signed by more than 30 GOP senators and obtained by Fox News. “If there were ever a case requiring an outside special counsel with bipartisan acceptance and widespread public trust, this is it.”
Among the concerns about the leaks are recent news reports regarding the United States' drone attacks in the Middle East.
Their letter points out the recent New York Times story about the drone program and its list of human targets states the reporting involved interviews with "three dozen of [President Obama's] current and former advisers."
It suggests that Thomas Donilon, the national security adviser, is a likely source, in part because he was frequently cited in David Sanger’s book "Confront and Conceal."
“Mr. Donilon, in effect, is the hero of the book, as well as the commenter of record on events," wrote reviewer Tom Ricks.
The administration has strongly denied the leaks have come from the executive office.
"The notion that my White House would purposely release classified national security information is offensive. It's wrong," President Obama said earlier this month.
The letter to Holder comes the same week the GOP-led House is expected to vote on whether to hold him in contempt of Congress for failing to comply with subpoena requests to provide more documents regarding the Justice Department’s failed Fast and Furious gun-tracking operation.
The letter also states Holder’s decision to appoint two U.S. attorneys to investigate the apparent national security leaks doesn’t go far enough.
“You have an important role as a member of the president's national security team, and no administration should be expected to investigate itself impartially on such a grave and sensitive matter in the midst of an election,” states the letter signed by Sen. Lindsey Graham, R-S.C.
"This administration cannot be trusted to investigate itself," Sen John Cornyn, R-Texas, said during a Capitol Hill press conference Tuesday. "You cannot investigate yourself and not have a conflict of interest."
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Clapper's cover for Obama
June 25, 2012 Director of National Intelligence James Clapper on Capitol Hill in Washington, D.C.
Washington's top intelligence official is taking more efforts to cut down on unapproved disclosures of sensitive national security data as officials scramble to end a spate of leaks about America's secrets.
For the last month, national security leaders have been chasing a handful of news articles in major publications describing publicly for the first time several super-secret programs. The leaked data detailed a number of classified efforts, including President Obama's very own list of suspected terrorists to take out in drone strikes, and the role of U.S. security agencies in developing and setting loose computer viruses on Iran's alleged nuclear arms program.
James Clapper, the director of national intelligence, rolled out two new steps tailored to "better protect sensitive information, and help deter and detect potential leakers within the intelligence community," according to a DNI memorandum dated Monday.
The two-pronged measures include the creation of a new task force that will have the power to continue investigations of accused leakers even after the U.S. Justice Department has opted against prosecuting them. The investigatory entity will be led by the intelligence community's general counsel.
"This will ensure that selected unauthorized disclosure cases suitable for administrative investigations are not closed prematurely," states the memo.
Clapper also has directed a new question be added to a lie-detector test administered to its personnel by several top agencies, including the CIA, FBI, NSA, and the Defense Intelligence Agency.
"DNI Clapper's announcement shows some of the range of tools the administration has at its disposal to handle leaks of properly classified national security information," says Patrice McDermott, executive director at OpenTheGovernment.org.
Organizations like McDermott's are concerned senior lawmakers will follow through on a pledge to craft sweeping legislation that could make it easier for government officials to keep a lid on information that is embarrassing or proves illegality has occurred. Government watchdog groups worry strict legislation will make it easier for federal officials to keep information to which the public has a right under wraps.
John T. Bennett covers national security and foreign policy forU.S. News & World Report. You can contact him at jbennett@usnews.com
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Posted: Jun 26, 2012 6:30 PM PDTUpdated: Jun 26, 2012 6:30 PM PDT
TEXT OF THE LETTER:
The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Holder:
The numerous national security leaks reportedly originating out of the Executive Branch in recent months have been stunning. If true, they reveal details of some of our Nation's most highly classified and sensitive military and intelligence matters, thereby risking our national security, as well as the lives of American citizens and our allies. If there were ever a case requiring an outside special counsel with bipartisan acceptance and widespread public trust, this is it.
Press reports indicate that there could be many sources to the leaks within the Administration. In fact, in Jo Becker and Scott Shane's New York Times story, "Secret ‘Kill List' Proves a Test of Obama's Principles and Will" the reporters state they interviewed, "three dozen of [Obama's] current and former advisers." Tom Ricks' recent New York Times review of David Sanger's Confront and Conceal mentions that "Mr. Sanger clearly has enjoyed great access to senior White House officials, most notably to Thomas Donilon, the national security adviser. Mr. Donilon, in effect, is the hero of the book, as well as the commenter of record on events."
You have an important role as a member of the President's national security team, and no Administration should be expected to investigate itself impartially on such a grave and sensitive matter in the midst of an election. Therefore, your recent announcement that two U.S. Attorneys would lead criminal investigations into the instances of unauthorized disclosures of classified information does not ensure a full and thorough investigation free of influence. The U.S. Attorneys are under your personal supervision. An outside special counsel, with the appropriate independence and authority, would ensure that the investigation remains untainted by even the appearance of politics or undue influence.
Our request for a special counsel is in keeping with the precedent of asking for a neutral investigation when there is either a possible conflict of interest or extraordinary circumstances. In 2005, when President Obama was a sitting senator, he requested a special counsel to investigate the Jack Abramoff scandal, saying "FBI officials have said the Abramoff investigation ‘involves systemic corruption within the highest levels of government.' Such an assertion indicates extraordinary circumstances and it is in the public interest that you act under your existing statutory authority to appoint a special counsel."
In fact, in the Valerie Plame matter, then-Senator Obama went beyond the call for a special counsel, seeking a Congressional investigation, arguing in a letter:
"[t]he United States Congress has a constitutional responsibility to provide oversight of the executive branch, whether a law has been broken or not. It is time for Congress to fulfill that constitutional responsibility in this matter by initiating a thorough investigation. We recognize that a criminal investigation is underway and that a special prosecutor continues to present testimony before a grand jury. These actions in no way preclude Congress responsibility to provide oversight. We urge you to exercise your authority as Congressional leaders by requesting the appropriate committees to begin oversight hearings and an investigation immediately."
In 2007, then-Senator Biden called for a special counsel to investigate the destruction of the CIA enhanced interrogation tapes, stating that the "easiest, straightest thing to do is to take it out of the political realm, appoint a special prosecutor and let them decide, and . . . call it where it is. Is there a criminal violation? If there is, proceed. If not, don't."
In 2003, then-Senator Biden joined a letter calling for an outside special counsel in the Valerie Plame investigation, concluding that, "Public confidence in the integrity of this investigation would be substantially bolstered by the appointment of a special counsel." Then-Senator Biden maintained that even if that case were being handled by professional career prosecutors, the integrity of the inquiry might be called into question if individuals with a vested interest in protecting the White House were still involved in any matter related to the investigation.
If the bar for an outside special counsel were met in the cases of Valerie Plame and Jack Abramoff, it is far exceeded here. We are not talking about a single, isolated instance of a leak; rather, we are looking at "an avalanche of leaks" on national security matters. On a matter of this seriousness, there is clear precedent to appoint an outside special counsel when there is the potential for a conflict of interest, the specter of political influence, or other extraordinary circumstances. As this is clearly the case here, we request that you appoint an outside special counsel immediately.
____________________________________________________By Morgan LittleJune 26, 2012, 11:44 a.m.
"We need a special counsel. We need someone who the American people can trust, and we need to stop the leaks that are endangering the lives of those men and women who are serving our country with valor our courage. And they deserve a lot better," McCain said at a news conference with Sens.
John Cornyn (R-Texas), Roger Wicker (R-Miss.) and
Saxby Chambliss (R-Ga.).
"Where is the outrage in this administration?" Wicker asked. "Where is there any indication that within the
Obamaadministration officials are outraged at the criminal leaks of classified information that put our agents and our friends at risk?"
Citing then-Sen. Obama's call for a special counsel to lead the investigation into Abramoff, which in Obama's words involved a "systemic corruption within the highest levels of government," the letter requests that the administration follow suit regarding the recent leaks.
Biden, in 2007, said of an investigation into the destruction of video showing
CIA enhanced interrogation techniques that the "easiest, straightest thing to do is to take it out of the political realm, appoint a special prosecutor and let them decide."
Holder, while announcing the appointment of U.S. Attys. Ronald C. Machen Jr. and Rod J. Rosenstein, promised that they would "doggedly follow the facts and the evidence in the pursuit of justice, wherever it leads."
Obama has strongly condemned the leaks, saying the administration would ensure that those found guilty would "suffer consequences."
"We're dealing with issues that can touch on the safety and the security of the American people, our families, or our military personnel or our allies,” he said during a news conference June 8. "We don't play with that, and it is a source of consistent frustration, not just for my administration, but for previous administrations when this stuff happens.
But for the 31 senators, that’s not enough.
"We are not talking about a single, isolated instance of a leak; rather, we are looking at 'an avalanche of leaks' on national security matters," they said, contending that the matter is too important to be open to "a conflict of interest, the specter of political influence or other extraordinary circumstances."
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