[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 489 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
S. RES. 489

 Expressing the sense of the Senate on the appointment by the Attorney 
  General of an outside special counsel to investigate certain recent 
  leaks of apparently classified and highly sensitive information on 
     United States military and intelligence plans, programs, and 
                              operations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2012

     Mr. McCain (for himself, Mr. Inhofe, Mr. Wicker, Mr. Brown of 
 Massachusetts, Ms. Ayotte, Mr. Portman, Ms. Collins, Mr. Graham, Mr. 
  Cornyn, Mr. Burr, Mr. Roberts, Mr. Blunt, Mr. Coburn, Mr. Paul, Mr. 
Boozman, Mr. Isakson, Mr. Grassley, Mr. Kirk, Mr. Chambliss, Mr. Rubio, 
and Mr. Hoeven) submitted the following resolution; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the Senate on the appointment by the Attorney 
  General of an outside special counsel to investigate certain recent 
  leaks of apparently classified and highly sensitive information on 
     United States military and intelligence plans, programs, and 
                              operations.

Whereas over the past few weeks, several publications have been released that 
        cite several highly sensitive United States military and intelligence 
        counterterrorism plans, programs, and operations;
Whereas these publications appear to be based in substantial part on 
        unauthorized disclosures of classified information;
Whereas the unauthorized disclosure of classified information is a felony under 
        Federal law;
Whereas the identity of the sources in these publications include senior 
        administration officials, participants in these reported plans, 
        programs, and operations, and current American officials who spoke 
        anonymously about these reported plans, programs, and operations because 
        they remain classified, parts of them are ongoing, or both;
Whereas such unauthorized disclosures may inhibit the ability of the United 
        States to employ the same or similar plans, programs, or operations in 
        the future; put at risk the national security of the United States and 
        the safety of the men and women sworn to protect it; and dismay our 
        allies;
Whereas under Federal law, the Attorney General may appoint an outside special 
        counsel when an investigation or prosecution would present a conflict of 
        interest or other extraordinary circumstances and when doing so would 
        serve the public interest;
Whereas investigations of unauthorized disclosures of classified information are 
        ordinarily conducted by the Federal Bureau of Investigation with 
        assistance from prosecutors in the National Security Division of the 
        Department of Justice;
Whereas there is precedent for officials in the National Security Division of 
        the Department of Justice to recuse itself from such investigations to 
        avoid even the appearance of impropriety or undue influence, and it 
        appears that there have been such recusals with respect to the 
        investigation of at least one of these unauthorized disclosures;
Whereas such recusals are indicative of the serious complications already facing 
        the Department of Justice in investigating these matters;
Whereas the severity of the national security implications of these disclosures; 
        the imperative for investigations of these disclosures to be conducted 
        independently so as to avoid even the appearance of impropriety or undue 
        influence; and the need to conduct these investigations expeditiously to 
        ensure timely mitigation constitute extraordinary circumstances; and
Whereas, for the foregoing reasons, the appointment of an outside special 
        counsel would serve the public interest: Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the Attorney General should--
                    (A) delegate to an outside special counsel all of 
                the authority of the Attorney General with respect to 
                investigations by the Department of Justice of any and 
                all unauthorized disclosures of classified and highly 
                sensitive information related to various United States 
                military and intelligence plans, programs, and 
                operations reported in recent publications; and
                    (B) direct an outside special counsel to exercise 
                that authority independently of the supervision or 
                control of any officer of the Department of Justice;
            (2) under such authority, the outside special counsel 
        should investigate any and all unauthorized disclosures of 
        classified and highly sensitive information on which such 
        recent publications were based and, where appropriate, 
        prosecute those responsible; and
            (3) the President should assess--
                    (A) whether any such unauthorized disclosures of 
                classified and highly sensitive information damaged the 
                national security of the United States; and
                    (B) how such damage can be mitigated.
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