This post appeared at mountainrunner.substack.com on 22 February 2023. It has been slightly modified here for clarity. Subscribe to my free substack for new posts through email, the web, or through the substack app. Posts are copied here when I get around to it.
The misinformation around the Smith-Mundt Act now borders on willful disinformation. It is really quite fantastic. Unfortunately, at some point, much of it, including public legal analyses and especially internal legal and other guidance, seems bent on earning the label of disinformation. I had not planned on publishing this screed, but I was, I’ll admit, triggered to do so by a reference to the Smith-Mundt Act.Continue reading “No, the Smith-Mundt Act does not apply to the Defense Department, and it never did “