The Lawfare Podcast Lawfare Archive: Christina Koningisor on Secrecy Creep
May 17, 2025
Christina Koningisor, a law professor at the University of Utah and author of "Secrecy Creep," tackles the troubling rise of government secrecy in state and local contexts. She discusses how state officials now wield secrecy tactics historically reserved for national security, threatening democratic accountability. The conversation highlights the implications of doctrines like the Glomar response, the misuse of security measures at local levels, and the urgent need for reform in public records laws to bolster government transparency.
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The Glomar Case Origin Story
- The Glomar case originated from a secret 1960s U.S. mission to recover a sunken Soviet submarine without revealing the operation.
- The CIA disguised the mission as a deep-sea mining expedition using the Hughes Glomar Explorer ship owned by Howard Hughes.
Secrecy Creep at State and Local Levels
- State and local governments increasingly use Glomar responses, especially police departments, extending secrecy tactics far beyond federal agencies.
- This secrecy expansion is widespread but difficult to track due to decentralized records and inconsistent practices.
Routine Use of Glomar at Local Level
- Many state agencies invoke Glomar with little legal scrutiny, often using ambiguous responses that obscure the existence of records.
- This practice shows a routine use of secrecy tools without deep legal analysis or clear justification.
