Classified Whitehouse Documents

From a lawyer reader with much DOJ experience:

Jonah,

Late last night, Mr. Franck posted a lengthy post (it’s on Bench Memos, but none of those guys seem to have an easily accessible e-mail) on a speech given by Senator Whitehouse (D-RI). Apparently, the Senator was granted access to classified material from OLC. Then, he gave a speech in which he revealed the contents of those still-classified documents (at least according to him) based on notes that he took during his review. If this is so, where’s the outrage? One of the first things you learn when you receive a security clearance is that if you take notes on something that is classified, those notes should also be classified. It’s called a derivative classification.

Me: I think the good Senator has hired Sandy Berger as a consultant. 

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