Mum's the Word at Justice

ATTORNEY General Richard K. Thornburgh has never been known as a hard-liner. Though a Republican, he has been criticized by conservatives as often as by liberals. He is one of the few appointees of President Bush who was a former card-carrying member of the American Civil Liberties Union.

Lately, however, Thornburgh has been keeping a tight-lipped ship at the Justice Department. In August, Thornburgh threatened to prosecute employees who leak information to the press. The penalty would be up to 10 years in jail.

The "mums-the-word" rule derives from a federal regulation that makes it illegal to use any "record, voucher, money or thing of value of the United States" for personal use.

According to Thornburgh, the "thing of value" not only includes tangible documents, but verbal summations. Using this reading, any person leaking information is a thief.

At first, Thornburgh's concern with secrecy seems reasonable. Some issues of national security may not be the business of the press--and some leaks might compromise American interests.

For example, a leak to ABC News undermined the summer espionage investigation of former Austrian ambassador Felix Bloch. Television audiences could watch investigators following an entourage of the press following Bloch.

The Federal Bureau of Investigation, although the last to admit it, is a division of the Justice Department.

Thornburgh's policy may also deter politically motivated leaks. The Justice Department faced criticism this summer after an offical leaked to CBS News information about an alleged criminal investigation of Rep. William Gray (D-Penn.). The report made it sound as if Gray were under criminal scrutiny, although the FBI was merely investigating an accountant whom Gray knew casually.

To date, nobody knows who told CBS News. The effect, however, was that the Justice Department looked like it was bullying Gray. Gray immediately denied all wrongdoing, and Thornburgh had to explain publicly Gray's peripheral role in the investigation.

Thornburgh should be concerned that leaks can ruin ongoing investigations. But to threaten criminal charges is like trying to solve dandruff with decapitation. That Thornburgh is so willing to threaten strident criminal punishments raises serious doubts about his intentions. There are, after all, intradepartmental punishments which can be used against overzealous leakers.

The true motivation behind this policy is to create a "Justice Department According to Richard Thornburgh."

THE insidious effects of Thornburgh's reading of the property law outweigh its benefits. The reason former Attornies General never interpreted the property statute to include leakers is because they did not want it to be used against whistleblowers.

It is bad enough that someone, with something important to tell, might face demotion or unemployment if the "something" is about his or her department. The deterrent is multiplied when the whistleblower fears criminal charges.

More likely than not, the new policy will never result in criminal charges. Thornburgh is probably just using the statute to deter loud-mouthers form getting too friendly with the press.

Certainly, Thornburgh has never shown such affection for the press. Since taking the helm, more than half of the Department's spokespersons have been laid off. Besides Spokesperson David Runkel, most officials are forbidden to speak to the press. (Internal memoranda sent to bureaucrats warning that leaks will not be tolerated were eventually leaked, however.)

As matters stand now, Thornburgh has a monopoly on all public knowledge of what's going on at the Justice Department. Those who disagree may go to jail.