Classified documents from the Pentagon began circulating on the social media platform Discord in March. These documents discussed everything from the war in Ukraine, to protests in Israel, to Egypt’s plans to build thousands of rockets for Russia. The release of these documents, allegedly by a 21-year-old Massachusetts Air National Guard member, represents a huge breach in national security. Let’s use HeinOnline to showcase what the leak was, how it happened, and what’s next.

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The Leak

Initially, the documents were posted on Discord typed out with notations, eventually switching to photos of the actual documents, folded-up as if they had been hastily removed. The documents were posted by a user called “the O.G.” to a chat group called Thug Shaker Central, a group that talked about guns and shared occasionally racist jokes. From there, the posts began to spread around the Internet. Jack Teixeira, a low-level IT specialist with the Massachusetts Air National Guard, was arrested on April 13, and Attorney General Merrick Garland has stated that he would be charged with unauthorized removal of classified national defense information, per the Espionage Act.^[1]To punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes., Public Law 65-24 / … Continue reading

The number of leaked documents is unknown, although AP News has reported reviewing approximately 50. Many of the documents are briefing documents produced by J2, the Defense Department’s Joint Staff intelligence division. They all have classified markings, some designated top-secret, and some were not meant to be shared with even America’s closest allies.

The War in Ukraine

Many of the documents revealed in the leak regarded Russia’s invasion of Ukraine. For example, they showed that the United States had gained access to both the Russian Ministry of Defense, and the Russian mercenary organization Wagner Group, including targeting plans down to time and place. These documents also included casualty figures that the U.S. had not shared publicly before. For example, documents reported that as of February, Russia had suffered 189,500 to 223,000 casualties, while Ukraine suffered 124,500 to 131,000 casualties.

The documents also reveal weaknesses in Ukrainian weaponry and battalions, as well as show that the U.S. has been spying on Ukrainian president Zelensky and UN Secretary General Antonio Guterress, who the U.S. accused of being “too accommodating” to Russia and “undermining broader efforts to hold Russia accountable.”

Spying on Allies

The U.S. has been spying on several allies, including South Korea, Israel, and Ukraine, according to the documents. For example, information in the documents reveals a conversation between South Korean national security officials regarding hesitation to provide ammunition to the U.S., because if that ammunition were then provided to Ukraine, South Korea would be violating its policy to avoid providing weaponry to countries at war. Additionally, another report suggests that the Mossad, Israel’s main intelligence agency, has been encouraging protests against Israel’s new government. There’s also information revealed about weaponry being provided to Ukraine by Western allies, as well as about Egypt’s secret plan to produce 40,000 rockets for Russia.

The Consequences

Several government agencies are working together to review the released documents and their validity and to assess the impact that they could have on national security, as well as the security of our allies. The leak puts a significant damper on the trust that other countries have in America’s government. For example, an official from one of America’s allies has stated, “We expect the US to share a damage assessment with us in the coming days, but we cannot wait for their assessment. Right now we are doing our own.”

In regards to the leak, President Biden told reporters, “I’m concerned that it happened, but there is nothing contemporaneous that I’m aware of that is of great consequence.”^[2]Administration of Joseph R. Biden, Jr., 2023 Remarks Following a Meeting With President Michael D. Higgins of Ireland and an Exchange With Reporters in Dublin, Ireland , Daily Comp. Pres. Docs. 1 (2023). This document can be found in … Continue reading

At Teixeira’s first court appearance on Thursday, April 27, his prosecutors argued that he should remain in jail for his trial since it has been revealed that he has a stash of guns and has posted on social media about wanting to kill people. He had been suspended in high school when he was overheard talking about Molotov cocktails and making racist threats. Prosecutors have stated that he is a threat to national security, as he could possibly release more classified information, and he is a flight risk. Additionally, he had used his government computer to look up other mass shootings. The Air Force has suspended an administrative commander and the commander of the 102nd Intelligence Support Squadron, which is where Teixeira worked.

This Isn’t the First Time

The U.S. has a history of high-profile leaks, perhaps the most famous being the Pentagon Papers, disclosed by Daniel Ellsberg in 1971. In fact, we have a Pentagon Papers database in HeinOnline, where researchers can review the released documents that helped bring about the end of the Vietnam War and contributed to Nixon’s resignation.

Additionally, just last year, a draft decision in the U.S. Supreme court case Dobbs v. Jackson Women’s Health Organization was leaked, which revealed the Court’s overturn of Roe v. Wade.^[3]Roe et al. v. Wade, District Attorney of Dallas County, 410 U.S. 113, 178 (1973). This case can be found in HeinOnline’s U.S. Supreme Court Library.

And in 2009 and 2010, WikiLeaks published documents leaked by Chelsea Manning, U.S. Army soldier and intelligence analyst, which discussed U.S. military action in Iraq and Afghanistan. Her resulting 35-year sentence was eventually commuted by former President Obama.^[4]Administration of Barack Obama, 2017 The President’s News Conference , Daily Comp. Pres. Docs. 1 (2017). This document can be found in HeinOnline’s Federal Register Library. WikiLeaks also published documents leaked by Edward Snowden in 2013 regarding National Security Agency (NSA) surveillance programs.^[5]Ivana Stepanovic, Preventing Terrorism or Eliminating Privacy? Rethinking Mass Surveillance after Snowden Revelations, 2015 Strani PRAVNI ZIVOT 235 (2015). This article can be found in HeinOnline’s Law Journal Library.

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