Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, October 13, 2005

Investigation into leaks

Drudge has an interesting review of the DHS leaks about that bogus NYC terror alert I blogged about.

Here's the news:

DHS, despite having a bogus alert to NYC/NYPD, is now conducting a review.

Even if the underlying original cause of action was made up, the subsequent conduct becomes the target of the investigation.

* * *

The issue becomes:

  • Could DHS have been set up by outside investigators as a test to see how effective the security procedures were?

  • Could the entire chain of events have been a test to see who was or was not responding?

    * * *

    The leaks by DHS personnel to their families will have to get ironed out. The issue is similar to insider trading: Whether government officials have used information not available to the public to make decisions that should have been made available, but was used for one's personal benefit, advantage or gain, when the public reasonably should expect notification of the information, or non-use of that information?

    IN short, this is an issue of malfeasance, information security, and unauthorized disclosures of sensitive government information to non-cleared personnel.

    * * *

    Recall also that Congress has the same security requirements. Indeed, it remains to be seen whether the same trial balloon are also used as a method by criminal investigators to bait Congressional staffers to continue leaking sensitive information to the public and media, when that information should be not disclosed.

    * * *

    I sense there is a shift going on. Yes, there are ongoing investigations into the White House; but there is also an effort by the security and law enforcement community to uniformly apply these standards across the entire spectrum, not just to the ruling party, the RNC.

    Namely, I suspect that some in the DNC are getting sloppy. They believe that "because they are the opposition," that this entitles them to get special access to "information about ongoing investigations"; while at the same time, being above the law, and leaking that sensitive information to outside journalists.

    * * *

    Let's be clear: What the RNC has done with the Downing Street Memo and the unlawful invasion of Iraq is more than outrageous, it is against everything this nation stands for in terms of the constitution.

    But it goes both ways. The "loyal opposition" can not be "so loyal to opposition" that they selectively afford themselves special privileges to get access to information, or enjoy "illusory oversight" when it comes to matters of ongoing investigations, whether they be in the Executive or Legislative branches.

    * * *

    The nation deserves to have the White House held fully accountable. But this "period of accoutnability" should not be mistaken by anyone, especially those within the DNC, that they are free to violate the law or release information.

    The rule of law applies to all, not simply upon those who are in power; but also upon all who may choose to use their "position of opposition" as some special immunity to the same standards they impose on the Executive.

    * * *

    We've seen the results. Judith Miller was put in jail.

    Her attorney may face an ethics inquiry, and may face further demands by Fitzgerald that he appear before the Grand Jury to explain the apparent "unwillingness to speedily resolve the issue of Miller being in jail, despite Libby's alleged desire to see her out of jail."

    * * *

    Reporters have been put in jail. They received sensitive information. They refused to cooperate.

    They put their loyalty to man over that of loyalty to the rule of law.

    * * *

    If you have received information that is sensitive, and you are not authorized to release it or receive it, then you have a problem.

    What's worse is if you take action to cove up that receipt.

    The stupid ones have already published what they know.

    Now, they will find out the hard way: Does the rule of law apply in America, or are there special exceptions to those who assert they are serving the "higher good."

    * * *

    Make no mistake, the current abuses by the White House are only part of the story. The pendulum will swing, and smack the DNC as well, with equal vigor.

    Nobody is immune to accountability, and no party or profession is above the law.

    Watch for the excuses from the DNC and the media. They have been playing a dangerous game.

    Their problem is, like the White House in re Iraq and the DSM, the leaks and publications have already occurred; the records is fixed in history.

    The only thing the DNC, sources, and media can do at this point is either cooperate, or attempt to rewrite history.

    We've seen how a skillful prosecutor will find the truth. So too will the rule of law find the inconsistencies in the DNC and media stories.

    * * *

    If you want the rule of law applies to the White House, then you should fully expect that rule of law to apply to all.

    Congratulations. You have just walked into another trap.

    And you will not be able to get out of it.

    The evidence already exists in places outside your control; the record is clear; the leaks occurred; and you were foolish enough to keep that information on your computers.

    If you attempt to destroy it, alter it, or adjust the record in any way, the Certified Fraud Examines shall find it.

    It is best to cooperate. Otherwise, it will only get worse.

    I can assure you, there is a chorus ready to let you make it worse for yourself.

    Please, give them an excuse to let you dig yourself further.

    The shovel is in your hand. All you have to do is stop digging.

    Hoc Voluerunt!