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Yoo Torture memo released
Secret Bush Administration Torture Memo Released Today In Response To ACLU Lawsuit (4/1/2008) American Civil Liberties Union. "A secret memo authored by the Department of Justice (DOJ) asserting that President Bush has unlimited power to order brutal interrogations to extract information from detainees was declassified today as a result of an American Civil Liberties Union Freedom of Information Act lawsuit. The memo, written by John Yoo, then a deputy at the DOJ's Office of Legal Counsel (OLC), was sent to the Defense Department in March 2003."
- Memorandum for William J. Haynes II, General Counsel of the Department of Defense, Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States, by John Yoo, Deputy Assistant Attorney General, Department of Justice, Office of Legal Counsel. March 14, 2003. Declassify under authority of Executive Order 1958 By Acting General Counsel, Department of Defense By Daniel 1. Dell'Orto, 31 March 2008.
News Stories:
- Memo: Laws Didn't Apply to Interrogators "Justice Dept. Official in 2003 Said President's Wartime Authority Trumped Many Statutes" By Dan Eggen and Josh White Washington Post. Wednesday, April 2, 2008; Page A01.
- ’03 U.S. Memo Approved Harsh Interrogations, By MARK MAZZETTI, New York Times, April 2, 2008. Continue reading
AHA, McDermott, others comment on “Improving Declassification” Report
Last year, the Public Interest Declassification Board (PIDB), an advisory committee established by Congress, issued a report to the President, Improving Declassification. (See also: Improving Declassification, 2008-01-13).
On March 17, 2008, the PIDB heard public comments on its report. For a report on those comments and links to many of the comments, see:
- PIDB Receives Public Comment on "Improving Declassification" Report National Coalition for History, March 19, 2008.
Among the comments were concerns that funding would ultimately be the biggest stumbling block to realizing the recommendations and that too many documents are classified in the first place, which contributes to the overload of the declassification system. Tom Blanton, Director of the National Security Archive at George Washington University suggested that the PIDB recommendations should be transformed into a draft executive order for immediate consideration by the incoming president. Mark Zaid, Executive Director of the James Madison Project encouraged the PIDB to pursue declassification of records of Congress, and classified judicial records.
Representing the American Historical Association (AHA), Dr. Brian Martin, President and Chief Operating Officer, of History Associates, Inc. noted that the value of audio, video and digital media value may increase over time and urged The National Archives (NARA) to avoid thinking that "if we have it on paper, we don't need to preserve it in another format."
Dr. Patrice McDermott, Director of Open-The-Government.Org many in the public interest community fear that electronic records, including historically significant records, are being lost or destroyed.
With regard to "sensitive but unclassified" documents, she expressed a need for a clear review process of these unlimited control markings, rather than linking them to declassification review after 25 years and treating them as "super-classified. As previous witnesses said, she agreed that much of the problem is caused by massive over-classification at the front end of the processContinue reading
Bush Hits the Delete Button
Bush Hits the Delete Button: Public information the administration doesn't want you to see, by Paul Kiel, Utne Reader, March-April 2008.
Since 2006 ... the investigative website TPMmuckraker.com [has] been keeping a running tally of the diminishing access to government information. Reporter Steve Benen got the list started over at his own blog, the Carpetbagger Report. Then his fellow Muckrakers joined in by trawling the news and--as is the website's custom--tapping the collective wisdom of their readers to cobble together a dossier on an administration that has, as deputy editor Paul Kiel writes, "discontinued annual reports, classified normally public data, de-funded studies, quieted underlings, and generally done whatever was necessary to keep bad information under wraps." Here, Utne Reader presents an excerpted (but not redacted) version of the list Kiel continues to compile. [Bush Admin: What You Don't Know Can't Hurt Us, 2007 Version By Paul Kiel - November 23, 2007.]Continue reading
Keynote Speech from National FOI Day Conference
The First Amendment Center posted the full-text of the 2008 National FOI Day Conference's keynote speech, "A New Balancing Test: How Excessive Classification Undermines National Security" by J. William Leonard, former chief of the Information Security Oversight Office. Leonard quipped that his remarks on government secrecy would be his most candid, "a sort of ‘Leonard Unplugged’ if you will for those of you into the MTV scene". He discussed instances of excessive secrecy that produced serious consequences, including the decision to go to war in Iraq, stating, "Secrecy comes at a price - sometimes a deadly price - often through its impact upon the decision-making process". He also proposed a new way for government officials to determine whether information needs to be classified in the interest of national security; what he calls the "New Balancing Test": "We are long familiar with what many regard as the “traditional” balancing test of national security versus openness – of secrecy versus transparency. Instead, the balancing test of which I talk is more along the lines of national security versus national security; i.e. what will cause greater damage to national security, the disclosing or withholding of specific information". Continue reading
Sssh! It’s a Secret
The FAS Project on Government Secrecy Blog contains an informative post about secret sessions of the House of Representatives, including one that took place on March 13th to consider classified matters concerning the Foreign Intelligence Surveillance Act (FISA). For more information about secret sessions, read "Secret Sessions of the House and Senate" and "Secret Sessions of Congress: A Brief Historical Overview," by the Congressional Research Service. I knew that the Senate held secret sessions (54 since 1929), but I did not know that the House only held three secret sessions since 1830 and they took place in 1979, 1980, and 1983! However, there were unsuccessful attempts to hold a secret session to discuss the assessment of the war in Iraq in 2006 (search for page H7371) and the Intelligence Authorization Act for FY 2008 (pages H4795-4796, H4808, and H4867-68). Also, the proceedings of a secret session are not published unless the House or Senate votes to release them. If they vote to release them, then the transcripts will be printed in the Congressional Record, but if the House votes not to release them, then the they are preserved at NARA and may be available to the public after 30 years. Continue reading
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