Episode Details

Hello friends. I hope you’re reasonably well, under the circumstances. Today I want to talk to you about leaks. I’ve had a lot of experience with them. I spent almost half my adult life in Washington.

Justice Samuel Alito’s first draft opinion overturning Roe v. Wade — which was leaked to Politico — was dated February 10. It is probably obsolete by now, as other justices have had time to offer critiques, dissents, and revisions. But according to another leak from the Supreme Court — this one occurring last week — the five-member majority to overturn Roe remains intact. (This second leak came to the Washington Post from “three conservatives close to the court who, like others, spoke on the condition of anonymity to discuss a sensitive matter.”)

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These Supreme Court leaks aren’t the only ones shaking official Washington right now. Last Wednesday the New York Times — citing “senior American officials” — disclosed that the United States is providing Ukrainian officials with locational details of Russian movements that Ukrainians have used to target and kill Russian generals. Then on Thursday, NBC reported — again citing American “officials” — that U.S. intelligence helped Ukraine locate the Moskva, Russia’s flagship in the Black Sea, which Ukraine subsequently sank.

President Biden was so livid about these leaks (according to Times columnist Tom Friedman, who received a leak about Biden’s reaction to the leaks) that Biden called the director of national intelligence, the director of the C.I.A. and the secretary of defense to make clear in the “strongest and most colorful language” that this kind of loose talk is reckless and has got to stop immediately, before the U.S. ends up in an unintended war with Russia.

Supreme Court drafts don’t normally leak (insiders tell me the Alito draft isn’t the first, though) because the stakes aren’t normally as high as they are with the Court’s decision to abandon Roe. The machinations of American foreign policy do tend to leak quite a lot. Richard Nixon’s Watergate “plumbers” were, after all, trying to discover who leaked the Pentagon Papers to the New York Times. (Nixon couldn’t plug the leaks. Every time he tried, they grew leakier. They ultimately drove him out of office.)

Years ago, when I was Secretary of Labor, I sent a memo marked “confidential” to Bill Clinton, about why and how the minimum wage should be raised. I took pains to make sure only his eyes saw the memo. The next day it was in the Wall Street Journal.

People in power always want to plug up leaks. I felt that way when I saw my memo in the Journal. But the goal is often misguided. In my experience, people in power pay too little attention to why they want to withhold information in the first place. Much of it stems from not wanting to be embarrassed. (I didn’t want my minimum-wage memo publicized because I didn’t want to embarrass Clinton, or embarrass myself by looking like I was trying to pressure Clinton.)

Besides, most leaks can’t be plugged up.

Some people in Washington leak information to the media to make themselves feel important. Others, to kill initiatives they don’t like.