Democracy & Elections

Government Protection of Classified Information, August 2014 [UPDATED]

Jack Goldsmith
Thursday, August 21, 2014, 3:37 PM
From this morning’s NYT story on the Foley rescue operation:
The officials revealed the mission in a conference call with reporters, in which they spoke on the condition of anonymity because of the classified nature of the operation. . .

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From this morning’s NYT story on the Foley rescue operation:
The officials revealed the mission in a conference call with reporters, in which they spoke on the condition of anonymity because of the classified nature of the operation. . . . Two Defense Department officials, who spoke separately [about the classified operation] on the condition of anonymity because of the operation’s delicate nature, expressed anger at the administration for revealing the mission.
UPDATE:  A reader points out this passage from the same NYT story:
Caitlin Hayden, the National Security Council spokeswoman, said the administration had “never intended to disclose this operation” but had felt that its hand was forced by news media outlets that were preparing to report on the mission. “An overriding concern for the safety of the hostages and for operational security made it imperative that we preserve as much secrecy as possible,” she said in a statement on Wednesday evening.
I did not post the sentences above to complain above the administration’s disclosure of the classified operation, which Hayden said was blown.  I posted it to flag the absurdity of administration and DOD officials talking to reporters (including on a conference call) about a classified operation, but insisting on anonymity because the operation is classified (or delicate).

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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