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The Lawfare Podcast: Christina Koningisor on Secrecy Creep

Jen Patja Howell, Alan Z. Rozenshtein, Christina Koningisor
Tuesday, January 4, 2022, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

Government secrecy is pervasive when it comes to national security and foreign affairs, and it’s becoming more and more common for state and even local governments to invoke government secrecy rationales that in the past, only the president of the United States and the national intelligence community were able to claim. While some of the secrecy is no doubt necessary to ensure that police investigations aren't compromised and state and local officials are getting candid advice from their staff, government secrecy directly threatens government transparency and thus democratic accountability. Alan Rozenshtein spoke about these issues with Christina Koningisor, a law professor at the University of Utah and the author of “Secrecy Creep” a recently published article in the University of Pennsylvania Law Review, along with the Lawfare post summarizing her work.


Jen Patja Howell is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Professor Koningisor’s scholarship explores the intersection of media law, constitutional law, and local government law. She is interested in the ways that different legal regimes—from federal and state transparency statutes, to procedural rules, to state constitutions—alter the breadth and scope of secrecy and transparency in government. She is particularly interested in how new technologies have upended the information ecosystems that allow the press and the public to hold the government to account. Her scholarly work has appeared in the Northwestern University Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Previously, Ms. Koningisor worked as a lawyer for the New York Times, a law clerk for Chief Judge Sidney Thomas on the Ninth Circuit Court of Appeals, a Fulbright Fellow in Kuwait, and a member of the editorial staff at the Atlantic magazine. She is a graduate of Yale Law School and Brown University.