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Location: UFOUpDatesList.Com > 2005 > May > May 10

Secrecy News -- 05/09/05

From: Steven Aftergood <saftergood.nul>
Date: Mon, 9 May 2005 13:38:23 -0400
Fwd Date: Tue, 10 May 2005 08:42:03 -0400
Subject: Secrecy News -- 05/09/05


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2005, Issue No. 44
May 9, 2005


**	CIA DISCLOSES ITS 1963 BUDGET
**	ACCESS TO PRESIDENT'S DAILY BRIEF SOUGHT
**	APPEALS COURT REJECTS SIBEL EDMONDS CASE
**	A BIBLIOGRAPHY OF NUCLEAR RESEARCH IN IRAN
**	ADMINISTRATIVE SUBPOENAS AND NATIONAL SECURITY LETTERS (CRS)
**	FRUS ON SOUTH ASIA CRISIS, 1971
**	ESTIMATIVE PRODUCTS ON VIETNAM, 1948-1975
**	ASSISTANT SECRETARY OF DEFENSE (NII)


CIA DISCLOSES ITS 1963 BUDGET

Compelled by an extraordinary court order, the Central
Intelligence Agency disclosed the amount of its 1963 budget
under the Freedom of Information Act in a letter published
today.

"As you know, 'the CIA budget figure for 1963' was $550
million," wrote Janice Galli McLeod, an attorney representing
CIA in the FOIA lawsuit Aftergood v. CIA (DC District Case No.
01-2524).

CIA contends that historical intelligence budget figures
constitute an "intelligence method," no matter how many decades
may pass, and that they are therefore exempt from disclosure
under the FOIA.

But after FAS showed that the CIA budget figure for 1963 had
been quietly released at the National Archives 15 years ago, a
federal court ruled that CIA's continued refusal to disclose
that number under the FOIA was unlawful. (Other historical
budget figures still may be legally withheld.)

On April 4, Judge Ricardo M. Urbina ordered the CIA to disclose
its 1963 budget, the first time that release of an intelligence
budget figure has been ordered by a court of law. (A 1997
lawsuit to compel disclosure of the 1997 intelligence budget
total led to CIA's release of that figure -- $26.6 billion --
 without a court order.)

"In accordance with the Court's Order, I can reiterate this $550
million figure to you, and I can of course also attach a copy of
the Cost Reduction Program report, which you yourself submitted
to my client and which contains this figure," Ms. McLeod wrote.
See her May 4, 2005 letter here:

http://www.fas.org/sgp/foia/1947/cia050405.html


ACCESS TO PRESIDENT'S DAILY BRIEF SOUGHT

Like the intelligence budget, the President's Daily Brief has a
peculiar totemic status in the U.S. intelligence bureaucracy,
such that intelligence officials claim that in principle the
Briefs must never be released to the public no matter how dated
they become. (Never mind that quite a few have in fact been
released.)

A remarkable legal drama is now unfolding as scholars seek
access under the Freedom of Information Act to particular issues
of the President's Daily Brief (PDB) dealing with Vietnam
policy. The dispute exposes with unusual clarity the conflicting
perspectives of historians and intelligence bureaucrats on
historical document disclosure.

Bill Moyers, a former aide to President Johnson, noted that he
had read many of the requested PDBs and "I see no reason why
information that was sensitive at the time should not [be]
reviewed and considered for public release today." Mr. Moyers
submitted a sworn declaration on behalf of UC Davis historian
Larry Berman, who has requested release of several PDBs.

Not so, wrote CIA information review officer Terry N. Buroker:
"In addition to containing information *about* intelligence
methods,... the PDB itself *is* an intelligence method, to be
protected under the National Security Act."

Another interesting feature of the FOIA lawsuit is that it is
being litigated in California rather than in Washington, DC
where judicial deference to the CIA position has become all but
automatic.

A wealth of background information on all sides of the debate is
available from the National Security Archive here:

http://www.gwu.edu/~nsarchiv/pdbnews/index.htm


APPEALS COURT REJECTS SIBEL EDMONDS CASE

The DC District Court of Appeals has rejected an appeal by FBI
whistleblower Sibel Edmonds, whose case had been dismissed after
the government invoked the state secrets privilege.

The Appeals Court ruling, issued on Friday without explanation
or commentary, seems to mark an expansion of the state secrets
privilege or at least a refusal by the Court to inquire deeply
into the grounds for its application. See:

http://www.fas.org/sgp/jud/se-ddca050605.pdf

The Justice Department elaborated on its view that "this case
cannot be litigated except by reference to privileged
information" in an April 22 letter to the Court:

http://www.fas.org/sgp/jud/se-doj042205.pdf


A BIBLIOGRAPHY OF NUCLEAR RESEARCH IN IRAN

Iranian research on nuclear engineering, nuclear safety and
related aspects of nuclear science and technology has left a
considerable footprint in the published literature.

For a compilation of recent publications by Iranian researchers,
see "Iranian Nuclear Science Bibliography: Open Literature
References" by Mark Gorwitz, May 2005:

http://www.fas.org/nuke/guide/iran/nuke/biblio.pdf


ADMINISTRATIVE SUBPOENAS AND NATIONAL SECURITY LETTERS (CRS)

The use of administrative subpoenas and national security
letters to compel testimony or production of documents in
foreign intelligence investigations is examined in a recent
report from the Congressional Research Service.

See "Administrative Subpoenas and National Security Letters in
Criminal and Foreign Intelligence Investigations: Background and
Proposed Adjustments," April 15, 2005:

http://www.fas.org/sgp/crs/natsec/RL32880.pdf

For an abbreviated version of the same report, without footnotes
or citations, see "Administrative Subpoenas and National
Security Letters in Criminal and Intelligence Investigations: A
Sketch," April 15, 2005:

http://www.fas.org/sgp/crs/natsec/RS22122.pdf


FRUS ON SOUTH ASIA CRISIS, 1971

The latest volume of Foreign Relations of the United States
(FRUS), the official record of U.S. foreign policy, documents
Nixon Administration policy immediately prior to and during the
Indo-Pakistan War of 1971.

The full text of the volume, published last week, is here:

http://www.state.gov/r/pa/ho/frus/nixon/xi/


ESTIMATIVE PRODUCTS ON VIETNAM, 1948-1975

The National Intelligence Council has published a collection of
declassified U.S. intelligence estimates concerning Vietnam
"from the post-World War II breakup of colonial empires to the
Communist takeover of Saigon in 1975."

For more information about the collection, much of which is
available online, see:

http://www.cia.gov/nic/NIC_foia_vietnam.html


ASSISTANT SECRETARY OF DEFENSE (NII)

The new Pentagon position of Assistant Secretary of Defense for
Networks and Information Integration -- ASD(NII) -- is defined
in a Department of Defense Directive issued last week.

The Assistant Secretary, who is also the DoD Chief Information
Officer, is responsible for Pentagon information policies,
communications, command and control, non-intelligence space
matters, and much more.

The ASD (NII) replaces the former ASD (C3I) position, which has
been disestablished.

See DoD Directive 5144.1, "Assistant Secretary of Defense for
Networks and Information Integration/ DoD Chief Information
Officer (ASD(NII)/DoD CIO)," May 2, 2005:

http://www.fas.org/irp/doddir/dod/d5144_1.pdf



_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood.nul
voice: (202) 454-4691




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