I would be grateful if Benjamin Wittes would cite to something instead of making generalizations about what he thinks is or is not in the rule. It is not good enough and we have had far too much of this kind of improvisation over the past seven years. Take a look at the CIA holding the worst of the worst statement - based on what? Based on what the CIA tells you. Is that it? Seems to be very thin gruel on which to base any opinion.
Best,
Ben