Washington, D.C. — Senator Tom Cotton (R-Arkansas) and nine of his colleagues sent a letter to the Department of Defense Inspector General referring Under Secretary of Defense for Policy Colin Kahl for investigation. The letter describes how Under Secretary Kahl, after the Chinese surveillance balloon was publicly revealed, provided members of the media classified information about previous Chinese surveillance balloons.

Co-signers of the letter include Senators Ted Budd (R-North Carolina), Ted Cruz (R-Texas), Bill Hagerty (R-Tennessee), James Lankford (R-Oklahoma), Roger Marshall (R-Kansas), Eric Schmitt (R-Missouri), Rick Scott (R-Florida), Thom Tillis (R-North Carolina), and Roger Wicker (R-Mississippi).

In part, the senators wrote:

“This is not the first time that Under Secretary Kahl has mishandled classified information. Worse, Under Secretary Kahl’s leak, like his previous leaks, appears to have been made for partisan political purposes. Given Under Secretary Kahl’s repeated and blatant mishandling of classified information for political purposes, we urge you to investigate this conduct.”

Text of the letter may be found here and below.

June 6, 2023

The Honorable Robert Storch

United States Department of Defense

Office of the Inspector General

Dear Inspector General Storch:

We write regarding the intentional leak of classified national defense information by Under Secretary of Defense for Policy Colin Kahl. It has come to our attention that, soon after the Chinese surveillance balloon was publicly revealed earlier this year, Under Secretary Kahl provided reporters with classified information regarding prior Chinese surveillance balloons. The selective leak falsely portrayed prior incursions as similar incidents and suggested that the previous administration was similarly ineffective in responding to known surveillance threats. In fact, it was later revealed that the prior incursions were not discovered at the time and leaders of the previous administration did not have an opportunity to respond to the threat. Nonetheless, Under Secretary Kahl’s leak appears intended to distract from the Biden administration’s own conduct by attacking political opponents. To date, we have received no indication that the materials leaked by Under Secretary Kahl were first declassified through the proper channels.

Intentionally leaking classified information is a violation of U.S. law, as well as a violation of the Classified Information Nondisclosure Agreement (SF-312) that Kahl signed. That agreement expressly contemplates the termination of a security clearance as a consequence of mishandling sensitive materials. Further, federal law provides serious penalties for intentionally mishandling classified information. For example, 18 U.S.C. § 793(d) provides for up to ten years in prison for willful unauthorized disclosure. Finally, other federal laws such as the Hatch Act also prohibit the use of one’s official position in the executive branch for partisan political purposes.

This is not the first time that Under Secretary Kahl has mishandled classified information. Worse, Under Secretary Kahl’s leak, like his previous leaks, appears to have been made for partisan political purposes. Given Under Secretary Kahl’s repeated and blatant mishandling of classified information for political purposes, we urge you to investigate this conduct.

Thank you for your prompt attention to this important matter.

Sincerely,