mr. wainstein first, but please call anybody else to join in, in terms of talking about how we change the classification process, what can we in the congress to legislate for? it seems to me this is primarily a function of the executive branch, but it very much concerns me that the executive branch has abused its power and we need to change it, but without some standard measure of how these things are classified. would you recommend the con chris do to reassert our authority and get the classification process brought under control? >> i appreciate the question, sir. i guess as you pointed out, the first thing to keep in mind is classification is within the prerogative of the expected, so folks in the executive branch to decide what is classified and what shouldn't be and tall sort of baliles down to the executives responsibility to protect national security. that doesn't mean, however, congress doesn't have a role. in fact i think we were talking about this on the brigety there is a silver lining to this issue coming out now about wikileaks that there might be some changes to the espionag

mr. wainstein first, but please call anybody else to join in, in terms of talking about how we change the classification process, what can we in the congress to legislate for? it seems to me this is primarily a function of the executive branch, but it very much concerns me that the executive branch has abused its power and we need to change it, but without some standard measure of how these things are classified. would you recommend the con chris do to reassert our authority and get the classification process brought under control? >> i appreciate the question, sir. i guess as you pointed out, the first thing to keep in mind is classification is within the prerogative of the expected, so folks in the executive branch to decide what is classified and what shouldn't be and tall sort of baliles down to the executives responsibility to protect national security. that doesn't mean, however, congress doesn't have a role. in fact i think we were talking about this on the brigety there is a silver lining to this issue coming out now about wikileaks that there might be some changes to the espionag

mr. wainstein, your comments on that. >> congressman king i actually agree with the idea of having a tripartite approach. steve vladeck described i think narrowing the provision for each of these different categories is going to make a more targeted legislation. >> then let me take this to, the injury to the united states. what does that mean and how can that be proven? >> that is also another sticking point in the whole wikileaks situation. i think you heard a little bit of that today. the question okay how damaging was that? may be back in the first charge that came out about dod, the dod documents about afghanistan, there were troop movements and alike. a lot of that stuff ended up getting taken out later on. is obviously sliding scale and when you are dealing with the first amendment 1 of the justifications especially if you are looking to prosecute a news organization, and organizations sort of in the shoes of a news outlet, you have to look at whether you are justifying the prosecution and the encouragement on their press activities in order to address arms of the nation. that is one of t

mr. wainstein first, but please call anybody else to join in, in terms of talking about how we change the classification process, what can we in the congress to legislate for? it seems to me this is primarily a function of the executive branch, but it very much concerns me that the executive branch has abused its power and we need to change it, but without some standard measure of how these things are classified. would you recommend the con chris do to reassert our authority and get the classification process brought under control? >> i appreciate the question, sir. i guess as you pointed out, the first thing to keep in mind is classification is within the prerogative of the expected, so folks in the executive branch to decide what is classified and what shouldn't be and tall sort of baliles down to the executives responsibility to protect national security. that doesn't mean, however, congress doesn't have a role. in fact i think we were talking about this on the brigety there is a silver lining to this issue coming out now about wikileaks that there might be some changes to the espionag

mr. gabriel schoenfeld, attorney kenneth wainstein, thomas blanton, director of the national seurity archive, attorney abby lowell, well known to this committee in two previous congresses. and our first witness, professor jeffrey stone, professor of law and former dean at the university of chicago law school. he is -- he has written quite a bit of constitutional law, several folks, the first amendment, government power. one of his books, perlis times, free speech in wartime was just recently praised by justice elena kagan is a masterpiece of constitutional history an promises to redefine the national debate on civil liberties and free speech. we are honored by you being here and we ask you to be our first witness in all statements of all of our witnesses will be introduced in their entirety into the record. welcome. >> chairman conyers, judge gohmert, members of the committee, thank you for inviting me and giving me the opportunity to speak with two of these issues. i'd like to address the constitutionality of the post-show that which has been introduced in both houses of congress. the show