Revelations about Joe Kent and Tucker Carlson being under investigation require a closer look.
What is and isn’t allowed when it comes to sharing this information?
When are investigation leaks themselves fake, and why would someone fake them?
- Original Classification Authority
While it is technically a crime for a government employee to disclose an active investigation, figures like the President, the Director of National Intelligence (Tulsi Gabbard), or Agency heads have the power to classify information.
Because they own the secret, they can also decide to “authorize” its disclosure to the media if they believe it serves a national interest.
Thus if a senior official tells a subordinate to tip off a reporter about the Joe Kent investigation, that subordinate is acting under the authority of the “owner” of the secret. Internally, this is not treated as a criminal leak, but as an “official disclosure.”
- The Wrap-Up Smear
This is a specific tactic used to validate a narrative that may be thin on facts or entirely false.
Step 1: A political actor leaks a claim—for example, that Joe Kent is a “known leaker”—to a friendly media outlet.
Step 2: Once the story is published, other officials go on television and say, “We are seeing reports that Joe Kent is under investigation.” By citing the media report, the official gives the claim an air of legitimacy without ever having to provide evidence. The media report becomes the “proof”.
Step 3. An actual investigation based on the made-up claim.
- Provocation
In Tucker Carlson’s case, his claim that the CIA was preparing a “crime report” against him for his contacts in Iran suggests a different tactic: provocation.
Sometimes, a source might tip off a target like Carlson not to help them, but to goad them into a reaction.
If the target panics and attempts to hide evidence, contact foreign entities for help, or broadcast classified details to defend themselves, they may inadvertently commit a new, easily provable crime like obstruction of justice.
- Tip-Offs
If someone in the government tips off the subject of an actual investigation, the leaker is subject to Espionage Act and Obstruction of Justice charges.
- First Amendment
The media is allowed to report on leaks, regardless of how they were obtained, which is how the press is used to launder information crimes.
(Researched and written with the help of AI.)
Writing by Dr. Dannielle Blumenthal 