It also adds a lot more pressure on the person charged to take a plea deal.

In my country any information related to a on-going investigation is automatically classified. Police are not allowed under the law to divulge to the press any such information.

That's to say: it'd be up to each state to create its own criminal laws regarding what they consider confidential information (if any) and make sure those laws are constitutional by explicitly writing them into the police officers' contracts. Much of the time, changing internal policy is all that states can realistically do because some federal statute or constitutional clause has supremacy - even something that's normally a fireable offense at a private business might run afoul of constitutional protections when done by a state government or agency.

I wonder if obstruction of justice can impact someone who has not made any agreement beforehand. A random pedestrian who tries to stop the police, in a public space where they otherwise would have a right to be, could still end up in jail if I understand the laws right. If they can do that with their physical body I suspect the same punishment can occur if they do that with their own first amendment voice given special circumstances and results of that speech.

It is however difficult for a random pedestrian to commit obstruction of justice out of accident, but a lot of actions done by a police officer would obstruct justice by the nature of their own work. Similar if a person were employed at a court, if they misbehaved erroneously, I would guess that it would carry a bit more legal risk just given the environment.

Nothing of this has anything to do with internal policy. Obstruction of justice is mostly about the intention and results.

If you have insider information on an ongoing investigation and you tell it to your buddy at the bar who doesn't care one bit about it and immediately forgets, that's not obstruction of justice because the speech itself isn't the criminal act. If you tell that same information to the suspects though, then that's obstruction of justice.

With classified (natsec) information, on the other hand, telling it to anyone who you're not absolutely certain has clearance to see it is a violation and could land you in jail for years if you get a bloodthirsty DA. (again, IANAL)

It is a bit of a special situation since the interfering was over a fake case, through the legal frame work of sting operations has always been a bit grey. It seems to me however that it flights clearly above that of first amendment rights. It seems simply that the prosecutor chose to go after CFAA because the case is about a sting case rather than a real one. Had the police officer interfered in a real case, where a criminal had been given information that obstructed police officers in their job, the case had been about that.

If that is true then the case has very little to do about internal policy decisions, exceeded permissions, unauthorized vs authorized users, employee contracts and so on. It is actually about sting operations and a prosecutor who attempts to bypass that discussion by using a law designed for a different purpose.

> In addition, I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of sections 641, 793, 794, 798, 952 and 1924, title 18, United States Code; the provisions of section 783(b}, title 50, United States Code; and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation

(again, IANAL and this is definitely not legal advice)

[1] https://www.gsa.gov/cdnstatic/SF312-13.pdf?forceDownload=1

Companies have gotten into trouble for doing research that might be used to build an atomic bomb, even though the research had other applications.

This is fundamentally different than e.g. the British approach, where the official secrets act applies to everyone whether or not they have signed it.

It's also the case that while the doctrine of born secret has not been tested in court, it is generally regarded as unconstitutional and likely to be struck down by the courts of they are given the opportunity.

Most of what I’ve read emphasized how controversial this is. As you said, there are severe first amendment implications.

Yet the law ignores these implications.

It is probably unconstitutional, but the SCOTUS has never ruled on it.

I hate to be the guy saying “cite your sources,” but I have quite a few sources that say “born secret” applies to everyone. Can you show me some evidence it doesn’t?

This source is about a related, but distinct, topic. It contains numerous example of the US government attempting to obligate non-cleared people to keep official secrets:

https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?articl...

This source is a Wikipedia page, but it describes the government attempting to use “born secret” to censor a newspaper:

https://en.m.wikipedia.org/wiki/United_States_v._Progressive....

PS: From the first source:

In 1978, journalist James Bamford sent a Freedom of Information Act (FOIA) request to the Justice Department. He wanted documents related to the Department’s investigation of illegal wiretapping performed by the NSA. Among the surveillance programs the Justice Department investigated was Operation MINARET, which spied on Martin Luther King, Jr., Jane Fonda, and other opponents of the Vietnam War. The chief of the Justice Department’s special litigation unit, the unit that led the investigation into the NSA, took ten months to review the request. In the end, the Justice Department declassified and released 250 pages of documents to Bamford. When the NSA found out about the disclosure, however, it argued that the documents should never have been released and demanded that the Justice Department label them as classified. The Justice Department refused.

Two years later, with a new administration in the White House and new leaders atop the two agencies, the NSA tried again. This time, the Attorney General agreed. Bamford recalled a meeting with NSA and Justice Department officials. “They threatened to use the espionage statute against me,” Bamford recounted, “if I continued to refuse to return the documents.” A letter from the Justice Department soon followed: “You are currently in possession of classified information that requires protection against unauthorized disclosure,” it said, adding that Bamford should be aware of his “continuing obligation not to publish or communicate the information.”Keeping quiet was not enough for the Justice Department, however. “It is . . . your duty and obligation as a United States citizen to return this information to the Department of Justice,” the letter insisted.

Is that surprising? There's no physical law forcing legislators to write Constitutional laws or the executive branch to enforce them. They're just empty words until people actually implement them and then it's up to the Judiciary to review those implementations and resolve the ambiguities and inconsistencies between the laws and the real world. Unfortunately, there's nothing stopping bad laws from destroying lives on their way through courts, which often takes decades.

The Supreme Court hasn't decided the constitutionality of the born secret doctrine because the real world hasn't presented an opportunity. A core constitutional restriction of the courts is that they can't legislate, only rule on the cases that go before them. The doctrine has been abandoned by the government when push came to shove, likely because it knew the doctrine is indefensible before SCOTUS and only useful for the threat of litigation and criminal charges against civilians.

No, you don't. The government can ask you to do a great many things. They can use big, scary words that are designed to coerce you to do it. But that's not the same thing as being legally compelled to do it.

No charges were filed, there was no prosecution, and he's not in jail. Strongly worded letters are worth approximately the paper they're written on.

I would imagine information about informants or people with hidden identities would be considered privileged information in whatever state/local law enforcement jurisdiction created it, but penalties for leaking or distributing it would be a local matter, and many localities might not have specific laws on their books to deal with it.

Regarding on-going investigations, police aren't supposed to publicly discuss information about investigations, but they may if they deem that there is a public interest in doing so, or that doing so will help them with their case. I may very well be wrong here, but my gut suggests that in most places in the US there are likely not specific laws against public disclosure of details of ongoing investigations.