THE ADMINISTRATION SPONSORED AND SUPPORTS THE "LEAKS" PROVISION:

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230289
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274

Approved for Release: 2018/05/16 C06230289
�
media reports, the provision does not
"whistleblowers"
The Administration sponsored and supports the "Leaks"
provision: as part of the administration, we defer to
those official spokespersons; however, we support its
inclusion in the Intelligence Authorization Act
� The White House (John Podesta), National Security
Council, and the Attorney General all coordinated,
reviewed and edited the provision prior to its inclusion
in the bill
� DoJ (Office of Legal Counsel) reviewed and edited for
First Amendment issues prior to its inclusion
� Contrary to recent media reports, the provision is NOT
intended to target the media
�
Contrary
to
recent
chill
- it does not apply to disclosures
to Congress
The provision specifically requires "knowing and willful"
disclosures of classified information by a USG official
or one otherwise authorized to have access to classified
information to a person one knows is not authorized to
receive it
� provision is narrowly tailored to fill a gap in existing
law
� the disclosed material must be properly classified -
there is no shield for embarrassment, violation of law or
to prevent release of information that does not require
protection in the interest of national security
Executive Order 12958 provides a mechanism to challenge
the classification of material
� The majority of leaks do not originate with CIA
Approved for Release: 2018/05/16 C06230289
Approved for Release: 2018/05/16 C06230289
� The provision specifically requires "knowing and willful"
disclosures of classified information by a USG official
or one otherwise authorized to have access to classified
information to a person one knows is not authorized to
receive it
� provision is narrowly tailored to fill a gap in existing
law
� the disclosed material must be properly classified -
there is no shield for embarrassment, violation of law or
to prevent release of information that does not require
protection in the interest of national'security
� Contrary to recent media reports, the provision is NOT
intended to target the media
� Contrary to recent media reports, the provision does not
chill "whistleblowers" - it does not apply to disclosures
to Congress
� Executive Order 12958 provides a mechanism to challenge
the classification of material
� The Administration sponsored and supports the "Leaks"
provision. The White House (John Podesta), National
Security Council, and the Attorney General all
coordinated, reviewed and edited the provision prior to
its inclusion in the bill
� DoJ (Office of Legal Counsel) reviewed and edited for
First Amendment issues prior to its inclusion
� The majority of leaks do not originate with CIA
Approved for Release: 2018/05/16 C06230289