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Citation[]

Department of Defense, DoD Directive 5210.50: Unauthorized Disclosure of Classified Information to the Public (July 22, 2005) (full-text).

Overview[]

This Directive governs procedures for handling unauthorized disclosures of classified information to the public. In the event of a known or suspected disclosure of classified information, the heads of DOD components must report the incident to the Deputy Secretary of Defense of Intelligence and conduct a preliminary investigation to confirm that classified information was disclosed, identify the particulars of the incident and who was involved, ascertain whether the information was properly classified or was authorized to be released, and identify any leads that might identify the person or persons responsible. The preliminary investigation should also ascertain whether further inquiry might increase the damage caused by the compromise.

Enclosure 2 to Directive 5210.50 lists factors for determining whether to initiate an additional investigation by military, criminal, or counterintelligence investigative organizations, or the Department of Justice.

If classified DOD information appears in a newspaper or other media, the head of the appropriate DOD component is responsible for the preparation of a "DOJ Media Leak Questionnaire" to submit to the Deputy Secretary of Defense for Intelligence, who prepares a letter for the Chief, Internal Security Section of the Criminal Division at the Department of Justice.[1]

References[]

  1. The questions are listed in enclosure 4 of DoDD 5210.50, and apparently are part of a Memorandum of Understanding concluded between the Department of Justice and elements of the Intelligence Community. See U.S. Congress, Senate Select Committee on Intelligence, Concerning Unauthorized Disclosure of Classified Information, 106th Cong., 2nd Sess. (June 14, 2000) (Statement of then-Attorney General Janet Reno).

Source[]