A guy writes to a blog at National Review Online with a clever idea for how to investigate the leaks from the NSA and CIA concerning domestic surveillance and other matters:
Forget about prosecuting anyone for now. Justice should set up a special full time grand jury, meeting five days a week, to questions everyone connected in any way with the leak, including congressional staffers and elected officials. Everyone gets a grant of immunity for any underlying crimes before testifying. The only thing they can be prosecuted for is perjury.
It would take about an hour to put each person on record against future perjury charges. Do you know reporter x? Did you talk with reporter x, what was the nature of your conversation etc. etc.
Witnesses are required, as a condition of employment by the CIA, to reveal their testimory to CIA counsel. Those who leaked have three options. They can refuse to testify and be held in contempt, since immunity has been granted and fifth amendment protections are irrelevant, at which point the CIA has grounds for dismissing them. They can tell the truth, admit to leaking, and be fired. Or they can lie and hope that Riesen and company won't give them up after sitting in jail for six months. Most will probably tell the truth and resign their positions.
The point here is that instead of dragging this thru the legal system for years, the whole issue could most likely be resolved in a matter of weeks. The removal of these employees would have a powerful deterrent effect as well.
Interesting idea, but we still think the leakers should be prosecuted to the fullest extent of the law.
