Secrets and Leaks
The Dilemma of State Secrecy
1st Edition
Published on 22. August 2016
304 pages
978-1-4008-8085-0 (ISBN)
Description
Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press.
But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.
But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.
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05/2016
Princeton University Press
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Persons
Rahul Sagar is Global Network Associate Professor of Political Science at New York University in Abu Dhabi and Washington Square Fellow at New York University in New York.
Content
Preface to the Paperback Edition xi
Acknowledgments xvii
Who Watches the Watchers? 1
Chapter 1 The Problem: How to Regulate State Secrecy? 16
Chapter 2 Should We Rely on Judges? Transparency and the Problem of Judicial Deference 51
Chapter 3 Should We Rely on Congress? Oversight and the Problem of Executive Privilege 80
Chapter 4 Should the Law Condone Unauthorized Disclosures? Fire Alarms and the Problem of Legitimacy 103
Chapter 5 Should We Rely on Whistleblowers? Disobedience and the Problem of Retaliation 127
Chapter 6 Should We Trust Leakers? Anonymous Sources and the Problem of Regulation 153
Conclusion Bitter Medicine 181
Notes 205
Selected Bibliography 245
Index 269
Acknowledgments xvii
Who Watches the Watchers? 1
Chapter 1 The Problem: How to Regulate State Secrecy? 16
Chapter 2 Should We Rely on Judges? Transparency and the Problem of Judicial Deference 51
Chapter 3 Should We Rely on Congress? Oversight and the Problem of Executive Privilege 80
Chapter 4 Should the Law Condone Unauthorized Disclosures? Fire Alarms and the Problem of Legitimacy 103
Chapter 5 Should We Rely on Whistleblowers? Disobedience and the Problem of Retaliation 127
Chapter 6 Should We Trust Leakers? Anonymous Sources and the Problem of Regulation 153
Conclusion Bitter Medicine 181
Notes 205
Selected Bibliography 245
Index 269
