DURENBERGER: CASEY CAN PROSECUTE PRESS FOR LEAKS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000403710020-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: February 27, 2012
• Sequence Number: 20
• Publication Date: May 9, 1986
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2012/02/28: CIA-RDP90-00965R000403710020-8
A
WASHINGTON POST
Fig
'd>> ~Mr . -1
May 1986
Durenberger: Casey Can
Prosecute Press for Leaks
By George Lardner Jr.
Washington Post Staff Writer
Sen. David F. Durenberger (R-
Minn.), chairman of the Select
Committee on Intelligence, said last
night that Washington has been
caught up in "an epidemic" of leaks
of national security information and
that CIA Director William J. Casey
has every right to try to stop the
leaks by prosecuting publications
that print them.
"Bill Casey has had five to six
years now of dealing with, and liv-
ing in, a sieve," Durenberger said in
an interview. "He, in part, suffers
from problems of his administra-
tion's own making. But he has a
right to drag out this dusty old
[communications espionage) statute
and say this has got to be brought
to a halt."
Durenberger's remarks were
made after a meeting on Capitol Hill
with Casey and other senators who,
Durenberger said, were "very sym-
pathetic" to Casey's problems. .
Casey last week discussed pos-
sible prosecution of several news
organizations for publishing infor-
mation about intelligence opera-
tions, particularly intercepts of the
messages of foreign governments.
In a meeting with Washington Post
editors last Friday, Casey charged
that The Washington Post, The
New York Times, The Washington
Times, Time and Newsweek had
committed "absolutely cold" viola-
tions of a 1950 law that prohibits
disclosure of classified information
about communications intelligence.
A Post article quoting inter-
cepted Libyan messages was pub-
lished after President Reagan para-
phrased several of the communica-
tions in a nationally televised
speech April 14 announcing the
U.S. air raids against Libya.
Durenberger said he did not
think the. president's disclosures
"legitamized [The Post] story. He
[the reporter] quoted from a [Lib-
van] communication, and the stat-
ute prohibits doing that."
The senator said it would be bet-
ter to stop leaks at the source, but
that that is often impossible for
Casey because the administration
"has an inclination to selectively
abuse" the rules against unautho-
rized disclosures.
As a consequence, if Casey is ef-
fectively "prevented from finding
the source of the leaks, the law says
he ought to be able to go against
the publication," Durenberger said.
"The gun points both ways .... Of
course, you don't want to make a
hero of the newspaper .... Lord
knows how many reporters might
go to jail, go on fasts, become he-
roes .... But the reality is, there's
an epidemic in the country right
now and your paper is a part of it.
You're such a respected journal of
public opinion . '... You're the
place to go" with leaks.
Durenberger said the situation
has deteriorated to the point that he
and Sen. Patrick J. Leahy (D-Vt.),
the panel's vice chairman, are con-
sidering a 'Leak of the Week'
award-similar to the "Golden
Fleece" given by Sen. William Prox-
mire (D-Wis.)-in an effort to draw
attention to the problem.
"Bill [Casey] has gotten to the
tame point," Durenberger said.
"He's saying; 'It's time to put the
cork in and I've got to put the cork
in where I can find the hole to stick
it in.' Your paper is one of those
holes through which national se-
crets are pouring."
Justice Department officials are
reportedly cool to the idea of pros-
ecuting news organizations. Attor-
ney General Edwin Meese III has
yet to state his view.
White House spokesman Larry
Speakes said yesterday that any de-
cision "would be a matter of pros-
ecutorial discretion" by the Justice
Department.
Declassified and Approved For Release 2012/02/28: CIA-RDP90-00965R000403710020-8