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Leaks, Crime, and Special Prosecutors

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The WaPo has this editorial on leaks, crime, and special prosecutors.  They note that when the political polarity was reversed Nancy Pelosi, Hillary Clinton, and the WaPo itself said DoJ could not do the investigation and a special prosecutor was needed. "We came to regret that view as special counsel Patrick Fitzgerald pursued a lengthy, costly and ultimately counterproductive investigation...."

The editorial also says leaks should not be criminalized.  Well, some leaks should.  As I noted in this post, the leaks in question here easily qualify as crimes, and rightly so.  The question is not whether Americans or people who have helped America will die as a result, but only how many.

Back in World War II, the connection between security breaches and loss of life was brought home with the succinct slogan "loose lips sink ships."  Perhaps the Obama White House should put that on the wallpaper of every computer in the building.

The editorial concludes:

Did top presidential aides respond to reporters' inquiries by describing situation room meetings and other secret deliberations in an attempt to buff their boss's image? That wouldn't surprise us. If Mr. Obama's opponents believe it to be true and they're convinced that U.S. interests were harmed, they are free to make that case to the public, as they are doing. But the attempt to criminalize such leaks is misguided and will do more harm than good. Elevating the investigation from the appointed prosecutors to an independent counsel would only compound the damage.
I mostly agree with that, except the part about "criminalize such leaks."  The leaks are already criminal.

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