President Obama, in his first comments about the new intelligence disclosure, said yesterday, "For the Syrian government to utilize chemical weapons on its people crosses a line that will change my calculus and how the United States approaches these issues".
Lord Bingham in Shayler said it was important that there is a "bright line" in relation to security and intelligence disclosure; in other words, that everyone knew what the law was.
The criminal investigation, which has reached into the White House, the Pentagon, the National Security Agency and the C.I.A., appears to be the most sweeping inquiry into intelligence disclosures in years.
Scott Shane reports that the F.B.I.'s sweeping criminal investigation of intelligence disclosures has crippled news media coverage of national security issues as the Senate considers legislation intended to curb officials' interactions with reporters.
It subsequently updated and re-amended its case to incorporate additional intelligence service disclosures, such as pertaining to the use of the Telecommunications Act to authorize BPDs.
Washington also wants guarantees that the British authorities will better protect the information supplied by American intelligence agencies from disclosure ordered by the courts.
Lawyers acting for Mr. Litvinenko have said they believe the information relates to what they say was his work for MI6, Britain's intelligence service, the disclosure of which would further strain relations with Moscow.
Mark Zaid, a lawyer who has represented a variety of former military and intelligence officials in disclosure and leak cases, said the Johnson letter looked like a signal that the Pentagon was "contemplating a test case against the publisher or media for disclosing classified information".
"Name one whistleblower from the intelligence community whose disclosures led to real change – overturning laws, ending policies – who didn't face retaliation as a result.
But by 2009, in response to complaints from the Congressional intelligence committees about disclosures, a task force created by the Justice Department and the director of national intelligence, Dennis C. Blair, streamlined procedures to follow up on leaks.
Pressed on ministers by the security and intelligence agencies following disclosures of MI5 and MI6 involvement in the abuse of detainees, the bill states that a judge must agree to a secretary of state's demand for secret hearings if the disclosure of information "would be damaging to the interests of national security".
