[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Pages 8894-8895]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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   SENATE RESOLUTION 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

  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:

                              S. Res. 489

       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;

[[Page 8895]]

       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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