Nobody But Us Chickens

News of the investigation into classified documents and former National Security advisor Sandy Berger became big news in recent weeks when the existence of a seven month inquiry was leaked to the press. It seemed awfully fishy to have this happen on the eve of the Democratic National Convention, but I might be paranoid.

On the flip side, Senator Richard Shelby of Alabama has been under investigation by the Jutice Department for two years concerning a confirmed leak of several classified documents directly to the press. The Justice Department finally chose not to pusue the matter, instead turning it over the Senate Ethics Committee. This is akin to charging the fox to investigate missing chickens in the hen house.

The hue and cry over Berger's investigation has been very loud, though the documents in question were never leaked to the press or anyone else for that matter. The usual wingnut howlers have managed to miss the story on Republican Shelby, even in the face of a deliberate leak of classified information.

Washington Post has the most detailed story on Shelby.

Federal investigators concluded that Sen. Richard C. Shelby (R-Ala.) divulged classified intercepted messages to the media when he was on the Senate Select Committee on Intelligence, according to sources familiar with the probe.

Specifically, Fox News chief political correspondent Carl Cameron confirmed to FBI investigators that Shelby verbally divulged the information to him during a June 19, 2002, interview, minutes after Shelby's committee had been given the information in a classified briefing, according to the sources, who declined to be identified because of the sensitive nature of the case.

Cameron did not air the material. Moments after Shelby spoke with Cameron, he met with CNN reporter Dana Bash, and about half an hour after that, CNN broadcast the material, the sources said. CNN cited "two congressional sources" in its report.

The FBI and the U.S. attorney's office pursued the case, and a grand jury was empaneled, but nobody has been charged with any crime. Last month it was revealed that the Justice Department had decided to forgo a criminal prosecution, at least for now, and turned the matter over to the Senate Ethics Committee.

The Justice Department declined to comment on why it was no longer pursuing the matter criminally. The Senate ethics panel also declined to comment on its investigation.

Another take on it from The Register.