My guess is that the people who are entitled to see the confidential material are blabbing the nature of its contents. It is also possible that peeking beyond the authorized distribution is going on.
I wonder what the formal protocol is. Are the reports marked "Secret" and tracked as to delivery and who obtains them? If so, what exactly is the legal duty to maintain confidentiality? If some Senators are breaking the law, will there be a prosecution? If not, why not?
According to this report, in the past the remedy for breaching confidentiality was withholding of future information disclosures.
FBI background reports -- even descriptions of FBI background reports -- are supposed to be confidential. In the early 1990s, the Judiciary Committee agreed to severely limit access to FBI background checks after the first President Bush, angry at leaks during the Clarence Thomas confirmation fight, refused to give FBI information to the Senate. Since then, the reports have been made available only to members of the Judiciary Committee and a nominee's home-state senators, who in the case of Saad are Levin and Stabenow.
Whoa, whoa, wait a minute! Levin and Stabenow get to look at the files!?! They've been pitching a b*tch about this guy for awhile, haven't they? JMO, but there's the leak!