JUSTICE AWAITS 'GOOD TEST CASE' ON SECURITY LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00561R000100120036-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: February 3, 2012
• Sequence Number: 36
• Publication Date: May 27, 1986
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2012/02/03: CIA-RDP91-00561 R000100120036-9
AR t . : ' `Z nr
ON PAGE
WASHINGTON TI"1ES
27 May 1986
Justice awaits
`good test case'
on security law
By Ed Rogers
THE WASHINGTON TIMES
The Justice Department is wait-
ing for "a good test case" before
prosecuting a newspaper or broad-
caster under a 1950 law that protects
national security information, The
Washington Times has learned.
There has been speculation that
the Justice Department had re-
jected CIA Director William Casey's
recent requests for media prosecu-
tions, but sources insisted to The
Times that the department is re-
viewing an array of media cases for
possible criminal prosecution.
Mr. Casey announced last week
that he had asked the Justice De-
partment to consider prosecuting
NBC News for its report of technical
details about communications
intelligence-gathering that accused
spy Ronald W. Pelton is charged with
having sold to the Soviets.
The CIA also is reviewing a story
in which The Washington Post re-
ported that the suspect had compro-
mised a sophisticated electronic
eavesdropping operation in Soviet
ports by U.S. submarines, it was an-
nounced last week.
There have been many cases in
which national security interests
have been damaged by publication
of leaked classified material, Ivlr.
Casey told the American Society of
These leaks, he said, have dam-
aged "every method we have of ac-
quiring intelligence, our agents, our
relationship with friendly intelli-
gence and security services around
the world, our photographic and
electronic capabilities. the informa-
tion we get from communications."
A 1950 law prohibits revealing or
publishing classified information
concerning U.S. communications in-
telligence activities. But that law has
never been used to prosecute a news
organization.
In reviewing the media cases at
Mr. Casey's request, the Justice De-
partment is merely following the
rule book, The Times was told. The
department is required to enforce
the law, but has, in legal terms,
"prosecutorial discretion"
This discretion means that any
case, first of all, must be "winnable,"
If it is a test case, it must also be one
that will produce court rulings that
would be useful in future cases.
All trials result in judicial "case
law" that serves as a precedent when
similar cases are tried later.
"Good cases make good case law,"
a prosecutor's maxim says.
Other sources noted, however,
that the government could, under
the guise of seeking only an air-tight
case, be seeking a graceful way of
making Mr. Casey's threat moot.
The department also is reviewing
more traditional cases involving
accused leakers to determine
whether they should be prosecuted
under criminal law. Two of the cases
involve mid-level administration of-
ficials who were fired reecently.
Michael E. Pillsbury, a Defense
Department official, was fired after
an investigation of a leak to report-
ers about U.S. weapons intended for
anti-communist resistance forces in
Angola and Afghanistan.
Spencer C. Warren, a State De-
partment speech writer, was fired
after department officials said he
admittted leaking to reporters a di-
plomatic cable charging House
Speaker Thomas P. O'Neill Jr. with
attempting to undermine President
Reagan's policy toward Nicaragua.
Mr. Reagan warned in 1983 that
he would take administrative action
against leakers of classified infor-
mation and, "where circumstances
warrant:' refer them for criminal
prosecution.
High administration officials are
now preparing for a White House
meeting to consider additional ways
to deal with the epidemic of clas-
sified information leaks, according
to published accounts.
"A number of papers were pre-
pared in preparation for a senior-
level meeting, which has not yet
taken place:' an administration of-
ficial told the Associated Press. He
spoke on condition that he not be
identified.
"The papers were meant as an ef-
fort to provide background material
for the principals who would attend
the meeting, as well as to solicit
ideas for better ways to protect clas-
sified information whose dissemina-
tion could possibly be injurious to
national security," the official said.
According to another report, one
proposal would create an FBI task
force to investigate the leaks. But the
Justice Department does not believe
that is necessary since trained
agents are always available, a source
said.
Senior officials, including Mr.
Casey, Secretary of State George P.
Shultz and Defense Secretary Cas-
par W Weinberger, are known to
have met about 10 days ago to dis-
cuss the leak problem. They did not
reach any decisions.
Declassified and Approved For Release 2012/02/03: CIA-RDP91-00561 R000100120036-9