
CLASSIFICATION COMPLAINT ARISING FROM THOMAS DRAKE CASE DISMISSED
In July 2011, J. William Leonard, a former director of the Information Security Oversight Office (ISOO), took the extraordinary step of filing a formal complaint with the Office he once led charging that a document used to indict former NSA official Thomas Drake under the Espionage Act had been wrongly classified in violation of the executive order on classification. (“Complaint Seeks Punishment for Classification of Documents” by Scott Shane, New York Times, August 2, 2011; “Ex-federal official calls U.S. classification system ‘dysfunctional'” by Ellen Nakashima, Washington Post, July 21, 2012)
Last December, in a newly disclosed response, John P. Fitzpatrick, the current ISOO director, concluded that Mr. Leonard's complaint did not warrant the sanctions that Mr. Leonard had urged. Neither the original classification of the NSA document, titled “What a Wonderful Success,” nor its continued classification “rise to the level of willful acts in violation of the Order,” Mr. Fitzpatrick wrote in his December 26, 2012 response.
With that, the matter was officially closed. But the divergent views underlying the complaint remain unresolved and continue to fester.
“I have devoted over 34 years to Federal service in the national security arena, to include the last 5 years of my service being responsible for Executive branch-wide oversight of the classification system,” Mr. Leonard wrote in his 2011 complaint. “During that time I have seen many equally egregious examples of the inappropriate assignment of classification controls to information that does not meet the standards for classification; however, I have never seen a more willful example.”






