The Obama administration already has pursued more criminal leak investigations than all of its predecessors. There is a worrisome trend here, also recently evident in the government’s pursuit of Associated Press telephone records in a different leak investigation. Yes, the government must have secrets in order to function. But overclassification is so rampant that to criminalize the disclosure of all secret information would come close to paralyzing the flow of information.
Perhaps prosecutors failed to read the Justice Department’s policy on this, which declares: “Because freedom of the press can be no broader than the freedom of reporters to investigate and report the news, the prosecutorial power of the government should not be used in such a way that it impairs a reporter’s responsibility to cover as broadly as possible controversial public issues.” That statement goes back four decades. The Obama administration should recommit to its spirit.