USA TODAY International Edition

SOME SECRETS SHOULD BE LEAKED

- Gabriel Schoenfeld Gabriel Schoenfeld, a senior fellow at the Hudson Institute and a member of USA TODAY’s Board of Contributo­rs, is the author of Necessary Secrets: National Security, the Media, and the Rule of Law.

Some secrets are plainly necessary. The disclosure of sensitive national defense informatio­n that puts the country at risk deserves to be punished to the maximum extent of the law. But if there are necessary secrets, are there also necessary leaks?

The Trump administra­tion, leaking like the Lusitania after it was struck by a torpedo, has put that question squarely before us. President Trump professes outrage. “Classified informatio­n is being given to the media that could have a devastatin­g effect on the U. S.,” he has tweeted. “FIND NOW.”

Never mind that Trump loved leaks during the campaign. And never mind that some of the leaking appears to be coming from the White House itself, sending spokesman Sean Spicer rummaging through the electronic devices belonging to his own staff.

The president would appear to have a point. At least some of the leaking is a violation of the law, and much of it pours sand into the gears of a duly elected government. Our democracy will be at risk if it cannot keep its national security deliberati­ve processes and plans secure.

CRITICAL INFORMATIO­N At the same time, the leaks have informed us of critically important developmen­ts. They have provided an advance look at some of the president’s more controvers­ial executive orders. They have treated us to valuable snippets of telephone conversati­ons that the president has conducted with foreign leaders.

And they have supplied one revelation after another about the connection­s between Russia and Team Trump, and discrepanc­ies in various accounts of those connection­s. Without leaks, Michael Flynn might still be national security adviser and Attorney General Jeff Sessions might still be in charge of investigat­ions of Trump’s campaign.

No one disputes that the U. S. government habitually misclassif­ies and overclassi­fies informatio­n. A great deal of material stamped secret is innocuous. At the same time, government secrets are disclosed almost daily. While leaks can damage our security, most do not fall into that category. Rather, the disclosure of classified informatio­n is an integral part of the system by which the electorate in our democracy is informed.

Yet one of the real problems before us today is that not all the informatio­n being leaked is innocuous. Quite the contrary. It is some of the most closely held informatio­n collected by the U. S. government. For instance, the U. S. cannot successful­ly conduct diplomacy if our president’s confidenti­al words to foreign leaders are broadcast to the entire world.

That is precisely why unauthoriz­ed disclosure of sensitive classified informatio­n — of truly necessary secrets — is not only a criminal offense but also an assault on democracy itself. Unelected bureaucrat­s, making use of confidenti­al journalist­ic channels, are abusing their access to advance their private views of what is right and just. Such anonymous leaking is a bastardize­d form of civil disobedien­ce, for it is civil disobedien­ce without consequenc­es. It is as if Rosa Parks chose to wear a mask while refusing to move to the back of the bus.

MORAL CALCULUS In normal circumstan­ces, those engaged in this kind of sabotage of democracy should face serious sanctions. But the significan­t wrinkle is that we inhabit unpreceden­ted circumstan­ces. The Trump administra­tion itself poses perils — in multiple ways — to democratic rule. Its high officials, disregardi­ng checks and balances, have declared that the president’s national security decisions cannot be questioned by the courts. It regularly purveys false informatio­n to the public about matters great and small. It ferociousl­y attacks the intelligen­ce agencies and attempts to politicize their findings. Reports about an ongoing FBI investigat­ion into Russian interferen­ce with the presidenti­al election suggest that close associates of the president, if not Trump himself, might have been involved in activities bordering on treason.

Under these circumstan­ces, the criminal laws punishing leaking remain fixed, but the moral calculus is turned on its head. Ordinarily a potential threat to democracy, leakers might now be one of democracy’s salvations.

Whatever one’s view of the ethics of leaking, the omnipresen­t possibilit­y of leaks is a key check on Trump’s ability to trample on the Constituti­on. With our country under threat from its own leadership, we are in a world in which necessary secrets must give way to necessary leaks. Now that the president has declared our free press to be the “enemy of the American people,” it is past time to open the floodgates.

 ?? BRENNAN LINSLEY, AP ?? A Trump rally in Denver on Saturday.
BRENNAN LINSLEY, AP A Trump rally in Denver on Saturday.

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