After Maduro capture, bipartisan bill aims to make it a crime to share information about U.S. special forces
Washington — A bipartisan bill seeks to make it a crime to publicly share identifying information about special operations forces with the intent of threatening, intimidating or inciting violence against them.
Republican Sen. Ted Budd of North Carolina and Democratic Sen. Jeanne Shaheen of New Hampshire are introducing the bill, first shared with CBS News, in the upper chamber Thursday. The bill is titled the Special Operator Protection Act.
The move comes after a journalist shared a photo and brief biography of a military officer who he said was the commander of the elite Army Delta Force, which carried out the operation earlier this month to capture former Venezuelan President Nicolás Maduro. Seth Harp, an Army veteran turned journalist who has been highly critical of special forces, said his X account was locked until he deleted certain posts.
The legislation from Budd and Shaheen aims to protect special forces, other Department of Defense personnel who conduct sensitive missions, federal law enforcement officers who support special forces, as well as their immediate family members.
It would prohibit publicly sharing identifying information of these service members, including their name, photo or image of their home in connection with their employer, birthdate, Social Security number, home address, phone numbers, personal email and biometric data.
"There is no compelling reason for their identities to be made public, especially given the significant risks from foreign threats," Budd said in a statement.
Shaheen echoed the concern that they could be harmed by foreign adversaries, saying the bill "would help shield those who put their lives on the line to advance America's national security."
The penalties for violating the law would include fines and up to five years in prison. Death or serious injury to those whose information has been shared carries increased penalties, including up to life in prison.
But the bill is also likely to raise questions about the ability of the press to report critically on military personnel.
Harp has pushed back on allegations that he had "doxxed" the officer, saying in a lengthy statement that he had posted information that was publicly available online.
"I did not post any personally identifying information about him, such as his birthday, social security number, home address, phone number, email address, the names of his family members or pictures of his house," he said on Jan. 5.
At that time, he said the information he posted was still available online "for all the world to see." In defense of sharing the information, he said every "civilian official and military officer in the American chain of command" involved in the operation "is the legitimate subject of journalistic scrutiny."
He told CBS News on Thursday, "This law, if passed, would never survive judicial review. How can you criminalize naming high ranking military officials whose names are already publicly known, such as the commander of the Joint Special Operations Command, or the Delta Force commander? Every officer at or above the rank of colonel has to be confirmed by Congress. It's nonsensical to make it a crime to name them when they're already public figures, named in the Congressional Record."
Last week, the House Oversight Committee adopted by voice vote a motion to subpoena Harp. Republican Rep. Anna Paulina Luna of Florida accused the journalist of putting the Delta Force commander and his family at risk and called for a criminal investigation into what she described as "leaking classified information." A spokesperson for the House Oversight Committee told CBS News on Thursday that Harp has not been subpoenaed at this time.
In a letter to the Justice Department referring Harp for criminal prosecution, Luna said the incident "raises serious concerns" for U.S. national security.
"The gravity of such conduct is magnified by the foreseeable consequences, including the endangerment of U.S. personnel and, in this specific case, his family who have endured harassment and danger to their safety," the Jan. 7 letter said.
A Justice Department spokesperson confirmed to CBS News that it had received Luna's referral and said it "takes protecting the safety and security of our military personnel extremely seriously." Harp told CBS News the Justice Department has not reached out to him.
Harp has maintained that the commander's identity is not classified. The identities of Delta Force commanders are not generally public.
"The identity of the Delta Force commander is not classified, so this entire discussion is premised on Rep. Luna's misunderstanding of the military and the law," Harp told CBS News.
Press freedom advocates defended Harp in a letter to House leaders earlier this week. They said the subpoena "poses a grave danger to the First Amendment's guarantee of press freedom."
"The public identities of public officials with command responsibility over controversial political or military decisions are a matter of public concern and are not (or cannot properly be) classified, especially with respect to a past operation," they said, adding that "journalists have a right under the First Amendment to publish even classified information."
GOP Reps. Richard Hudson and Pat Harrigan of North Carolina are introducing a companion bill in the House.
"The Special Operator Protection Act closes a clear gap in the law and makes one thing clear: if you recklessly expose our nation's heroes, there will be consequences," Hudson said in a statement.
Hudson's district includes Fort Bragg, home to several special operations forces and the topic of Harp's book, The Fort Bragg Cartel.
Harrigan, who was a member of the special forces, said the legislation "closes a real hole in the law and makes sure our Special Operations Forces aren't left exposed after carrying out some of the most dangerous missions this country asks anyone to do."
Editor's note: An earlier version of this article said that journalist Seth Harp had said that every American involved in the Venezuela operation "is the legitimate subject of journalistic scrutiny," but in his post, he had written that every "civilian official and military officer in the American chain of command" involved in the operation "is the legitimate subject of journalistic scrutiny." The article has been updated.