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Location: UFOUpDatesList.Com > 2007 > Aug > Aug 2

Secrecy News -- 08/01/07

From: Steven Aftergood <saftergood.nul>
Date: Wed, 01 Aug 2007 12:00:01 -0400
Archived: Thu, 02 Aug 2007 10:58:11 -0400
Subject: Secrecy News -- 08/01/07


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 79
August 1, 2007


**   REPORTERS COULD BE PROSECUTED UNDER ESPIONAGE LAW, DOJ SAYS
**   DNI ISSUES DIRECTIVES ON ANALYTICAL STANDARDS, DOCEX
**   U.S. ARMY RANGER HANDBOOK
**   CRS REPORTS ON VARIOUS TOPICS


REPORTERS COULD BE PROSECUTED UNDER ESPIONAGE LAW, DOJ SAYS

The espionage statutes concerning classified information could
be employed against journalists who publish such information
without authorization, a Justice Department official told
Congress recently, elaborating on remarks made last year by
Attorney General Gonzales.

Those statutes, "on their face, do not provide an exemption for
any particular profession or class of persons, including
journalists," wrote Matthew W. Friedrich, DoJ Criminal Division
Chief of Staff, in a March 2007 response to questions from the
Senate Judiciary Committee that has been newly published.

He stressed that "the Justice Department's primary focus has
been and will continue to be investigating and prosecuting
leakers, not members of the press."

But he added that "it would be inappropriate to comment on
whether the Department is now considering the prosecution of
journalists for publishing classified information."

The congressional correspondence touched on several issues that
are new or rarely addressed.

"What about conduct that is incidental to a journalist
publishing a story," asked Senator Pat Leahy, "such as retaining
classified documents that may be used later in a story, or
communicating such information to a publisher or other reporters
in the course of writing a story?"

The legality of these activities would "depend on the particular
facts and circumstances," Mr. Friedrich replied.  "It would be
inappropriate to offer an advisory opinion about the legality of
such conduct."

Could improper or unnecessary classification be used as a
defense against prosecution?  "We are aware of no case that
affirmatively holds that such a defense is available to
defendants in Espionage Act cases," Mr. Friedrich wrote.  And he
cited one Ninth Circuit decision that said that "under section
798 [one of the espionage statutes], the propriety of the
classification is irrelevant."

He disclosed that "over the past five years, the Department has
approved search warrants for materials related to the news
gathering process... in four cases."  These were not specified.

Mr. Friedrich's answers to questions for the record from
Senators Specter and Leahy, transmitted March 1, 2007, are
posted here:

  http://www.fas.org/irp/congress/2006_hr/journalists-qfr.pdf

They were recently published in the record of a June 6, 2006
Senate Judiciary Committee hearing entitled "Examining DOJ's
Investigation of Journalists Who Publish Classified Information:
Lessons from the Jack Anderson Case":

    http://www.fas.org/irp/congress/2006_hr/journalists.html


DNI ISSUES DIRECTIVES ON ANALYTICAL STANDARDS, DOCEX

Director of National Intelligence J.M. McConnell has issued new
Intelligence Community Directives on standards for intelligence
analysis and on document exploitation.

"Analysts and managers should provide objective assessments
informed by available information that are not distorted or
altered with the intent of supporting or advocating a particular
policy, political viewpoint, or audience," the DNI instructed.

See "Analytical Standards," Intelligence Community Directive
203, June 21, 2007:

http://www.fas.org/irp/dni/icd/icd-203.pdf

Meanwhile, a new interagency DNI Center called the National
Media Exploitation Center "will serve to advance the IC's
collective DOMEX [document and media exploitation] capabilities
on behalf of the DNI."

See "Document and Media Exploitation," ICD 302, July 6, 2007:

http://www.fas.org/irp/dni/icd/icd-302.pdf

Also new is "National Intelligence Board," ICD 202, July 16,
2007:

http://www.fas.org/irp/dni/icd/icd-202.pdf


U.S. ARMY RANGER HANDBOOK

The U.S. Army Ranger Handbook, updated last year, provides an
introduction to this branch of Army special operations forces
with a mixture of history, lore, doctrine, operational guidance
and survival tips.

"Tell the truth about what you see and what you do," advised a
historic Ranger document from 1759, reprinted in the current
Handbook. "There is an army depending on us for correct
information. You can lie all you please when you tell other
folks about the Rangers, but don't never lie to a Ranger or
officer."

See "Ranger Handbook," U.S. Army, July 2006:

http://www.fas.org/irp/doddir/army/ranger.pdf


CRS REPORTS ON VARIOUS TOPICS

Recent reports of the Congressional Research Service that have
not been made readily available to the public include the
following.

"Defense: FY2008 Authorization and Appropriations," updated July
30, 2007:

http://www.fas.org/sgp/crs/natsec/RL33999.pdf

"Africa Command: U.S. Strategic Interests and the Role of the
U.S. Military in Africa," updated July 6, 2007:

http://www.fas.org/sgp/crs/natsec/RL34003.pdf

"Permanent Normal Trade Relations (PNTR) Status for Russia and
U.S.-Russian Economic Ties," updated July 10, 2007:

http://www.fas.org/sgp/crs/row/RS21123.pdf

"Judicial Security: Responsibilities and Current Issues,"
updated July 9, 2007:

http://www.fas.org/sgp/crs/misc/RL33464.pdf

"Judicial Security: Comparison of Legislation in the 110th
Congress," updated July 11, 2007:

http://www.fas.org/sgp/crs/misc/RL33473.pdf

"Armenia, Azerbaijan, and Georgia: Political Developments and
Implications for U.S. Interests," updated July 12, 2007:

http://www.fas.org/sgp/crs/row/RL33453.pdf



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

The Secrecy News Blog is at:
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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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