Criminalize and prosecute Government leaks

Liberty Justice
1

Talking Paper: Addressing Deep State Actors and Information Leaks

Introduction

The integrity of our federal government is paramount to the functioning of our republic. However, the rise of “deep state” actors—those within the government who operate outside of democratic accountability—poses a significant threat. These individuals often leak sensitive information to the press, undermining national security, public trust, and the rule of law. This paper outlines the necessity of criminalizing and prosecuting leaks from elected officials, federal agencies and employees to safeguard our institutions and restore accountability.

The Threat of Deep State Actors

  1. Definition and Scope

    • Deep state actors refer to individuals within the government who may use their positions to manipulate policy and decision-making processes without accountability.
    • These actors can consist of career bureaucrats, intelligence officials, or others who may prioritize personal agendas over their duty to the public.

  2. Impact of Information Leaks

    • Leaks can reveal sensitive national security information, compromising operations and endangering lives.
    • They erode public trust in government institutions, leading to skepticism about the motives and integrity of elected officials.
    • Continuous leaks create a culture of fear and mistrust within agencies, impacting morale and effectiveness.

The Case for Criminalization

  1. Legal Framework

    • Current laws, such as the Espionage Act, provide a basis for prosecuting unauthorized disclosures of information. However, enforcement has been inconsistent.
    • A clearer, more robust legal framework specific to government leaks would deter potential leakers and reinforce accountability.

  2. Deterrence

    • Criminalizing leaks sends a strong message that unauthorized disclosures will not be tolerated.
    • Establishing clear consequences for leaking sensitive information will help prevent future incidents.

  3. Reinforcing Accountability

    • Prosecution of leakers reinforces the principle that all government employees are accountable for their actions—regardless of their position or perceived authority.
    • It promotes a culture of responsibility where employees understand the importance of maintaining confidentiality.

Proposed Actions

  1. Legislative Measures

    • Introduce and support legislation that explicitly criminalizes leaks from federal employees to the press.
    • Implement stricter penalties for those found guilty of leaking classified information.

  2. Strengthening Oversight

    • Enhance oversight mechanisms within federal agencies to identify potential deep state actors and mitigate their influence.
    • Increase transparency in the whistleblower process, ensuring that legitimate concerns can be raised without fear of reprisal.

  3. Cultural Shift

    • Foster a culture of loyalty to the nation and its laws among federal employees.
    • Conduct regular training on the importance of safeguarding sensitive information and the consequences of leaks.

Conclusion

The threat posed by deep state actors and the proliferation of leaks is a challenge that requires immediate and decisive action. By criminalizing unauthorized disclosures and establishing a clear framework for prosecution, we can protect our national security, restore public trust, and ensure that our government operates with integrity. It is imperative that we act now to safeguard our democracy from those who would undermine it from within.