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479 pages, Paperback
First published October 4, 2006
World War I-era statute that makes it a crime to communicate any information relating to the “national defense” to any person not authorized to receive it. (The law also has a provision that allows government officials to be charged for “gross negligence” for failing to protect national defense information with which they have been entrusted.) But that law had rarely been used, and some legal experts worried that doing so in this case could create a dangerous precedent. It would effectively turn the archaic statute into a de facto Official Secrets Act – the law in Great Britain that makes it a crime to disclose any classified information. That would be a major and disturbing development, both for the news media and for the public. It would have a chilling effect on investigative reporting relating to national security and government excesses and abuses. In the end, Fitzgerald chose not to take that road.