Views Letter from Defense Secretary Gates on S. 2035 'Free Flow of Information Act'   [open pdf - 229KB]

This is a "Views Letter" written by Defense Secretary Robert Gates "to add the Department's views to those of the Director of National Intelligence and the Department of Justice in strong opposition to S. 2035, the 'Free Flow of Information Act.' Consistent with the January 23, 2008, letter from Intelligence Community leaders, we are concerned that this bill will undermine our ability to protect national security information and intelligence sources and methods and could seriously impede investigations of unauthorized disclosures. […] If S. 2035 were to become law, unauthorized disclosures posing a threat to national security, such as those described above, would only multiply. That is because S. 2035 makes investigations of such disclosures extremely difficult to pursue. The bill provides a broadly defined class of 'covered persons' with extraordinary legal protections against having to reveal any confidential sources. This would have the unintended consequence of encouraging unauthorized disclosures and increasing our nation's vulnerability to adversaries' counterintelligence efforts to recruit 'covered persons.'" Copies of this letter were sent to Senate Majority Leader Harry Reid, Senate Armed Services Committee Chairman Carl Levin, Chairman of the Senate Select Committee on Intelligence John D. Rockefeller and Senate Judiciary Committee Chairman Patrick J. Leahy.

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