Regarding Secrecy, Part 1: Bill Clinton vs. George W. Bush - What a Difference a Year Makes To the Consitution:In the dying days of his second term, as the nation was lurching towards its nightmare election day in 2000, on November 4 of that horrid year, President Clinton vetoed a bill. It was HR 4392, the Intelligence Authorization Act for Fiscal Year 2001, and Clinton said that there was a single provision in the bill that he didn't like.
That was Section 303, which read, "Whoever, being an officer or employee of the United States, a former or retired officer or employee of the United States, any other person with authorized access to classified information, or any other person formerly with authorized access to classified information, knowingly and willfully discloses, or attempts to disclose, any classified information acquired as a result of such person's authorized access to classified information to a person (other than an officer or employee of the United States) who is not authorized access to such classified information, knowing that the person is not authorized access to such classified information, shall be fined under this title, imprisoned not more than 3 years, or both."
By massively broadening the definition of felonious disclosure of classified information, Clinton said that Congress "may unnecessarily chill legitimate activities that are at the heart of a democracy." Paraphrasing Justice Brandeis, Clinton continued, "
e must always tread carefully when considering measures that may limit public discussion." And the real kick in the head, considering the vicious times in which we live: "t is my obligation to protect not only our Government's vital information from improper disclosure, but also to protect the rights of citizens to receive the information necessary for democracy to work."
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