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Location: UFOUpDatesList.Com > 2007 > May > May 11

Secrecy News -- 05/10/07

From: Steven Aftergood <saftergood.nul>
Date: Thu, 10 May 2007 16:30:29 -0400
Fwd Date: Fri, 11 May 2007 08:33:54 -0400
Subject: Secrecy News -- 05/10/07



SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2007, Issue No. 50
May 10, 2007

Secrecy News Blog: http://www.fas.org/blog/secrecy/

Support Secrecy News:
http://www.fas.org/static/contrib_sec.jsp


**  "OBNOXIOUS" GOVT POLICY WON'T FORCE DISMISSAL OF AIPAC CASE
**  NEW LIGHT ON INTELLIGENCE BUDGET EARMARKS
**  ARMS CONTROL AND NONPROLIFERATION TECHNOLOGIES
**  I DON'T BELONG IN THE BRIG


"OBNOXIOUS" GOVT POLICY WON'T FORCE DISMISSAL OF AIPAC CASE

The presiding judge in the closely-watched prosecution of two
former officials of the American Israel Public Affairs Committee
(AIPAC) charged with unlawfully receiving national defense
information has denied a defense motion to dismiss the case on
grounds of alleged constitutional violations by the government.

The defense had argued that the case should be dismissed because
the government pressured AIPAC, the defendants' former employer,
not to pay their legal fees and thereby violated their
constitutional rights to due process and the right to counsel.

The alleged interference occurred in 2004 and 2005, when "the
government was actively investigating defendants and AIPAC,"
Judge T.S. Ellis III explained in a new memorandum opinion.

According to the defendants' account, "prosecutors implicitly or
explicitly threatened AIPAC with criminal charges, and/or
threatened further intense scrutiny of AIPAC in the event the
government perceived AIPAC's cooperation as unsatisfactory." To
demonstrate its "cooperation," AIPAC subsequently fired the
defendants and ceased to pay their legal fees. The organization
was not charged in the indictment.

The court essentially validated the defense account. "Defendants
have adequately shown a wrongful [government] interference with
their contractual relations with AIPAC" (p. 16).

The government's policy (under the so-called "Thompson
Memorandum") of pressuring employers to withhold legal fees to
support their employees "is unquestionably obnoxious and is
fraught with the risk of constitutional harm in specific cases,"
Judge Ellis wrote (p. 26).

But in this case, the practice did not prejudice the defendants,
he said, since they nevertheless managed to assemble an
extremely capable defense team.

"A mountain of evidence convincingly demonstrates that defense
counsel's zealous, thorough, and effective representation of
defendants has not been adversely affected by the loss of
AIPAC's fee payments," he wrote in his May 8 opinion.

http://www.fas.org/sgp/jud/aipac/memop050807.pdf

The motion to dismiss was therefore denied.

The AIPAC trial, previously scheduled for June 4, has been
postponed. A closed hearing is scheduled for June 7.


NEW LIGHT ON INTELLIGENCE BUDGET EARMARKS

One new feature of the intelligence budgeting process is the
mandatory public disclosure of "earmarks" -- funds that are
specifically requested by an individual member of Congress and
designated for a particular program.

The disclosures shed at least a few photons worth of new light
on the deliberately obscure intelligence budget.

More than two dozen earmarks, from the $500,000 for a "Behavior
Pattern Training Recognition Program" requested by Rep. Ed
Pastor (D-AZ) to the $23 million for the National Drug
Intelligence Center requested by Rep. John Murtha (D-PA), are
itemized in the printed (or PDF) version of the House
Intelligence Committee report on the FY 2008 Intelligence
Authorization Act (at pp. 50-51):

http://www.fas.org/irp/congress/2007_rpt/hrpt110-131.pdf


ARMS CONTROL AND NONPROLIFERATION TECHNOLOGIES

"Arms Control and Nonproliferation Technologies" (ACNT) was the
name of a now-defunct Department of Energy journal that sought
to inform policy makers about the capacities and limitations of
arms control-related technologies.

At its best, ACNT provided a foundation for clear thinking about
arms control and an intelligible introduction to the
technologies involved.

It has been referenced in various studies performed by the
National Academy of Sciences and others, but has become hard to
find.

The journal ceased publication in 2001, when its budget became a
casualty of post-9/11 spending priorities and "suddenly arms
control wasn't fashionable any more," a DOE official told
Secrecy News.

It was deleted from the website of Lawrence Livermore National
Laboratory (where it was produced) in 2005.

Secrecy News has recovered all extant issues of Arms Control and
Nonproliferation Technologies from multiple sources and
assembled them in an online archive on the Federation of
American Scientists web site here:

http://www.fas.org/sgp/othergov/doe/acnt/index.html


I DON'T BELONG IN THE BRIG

In reporting on our unauthorized reproduction of Army
publications, as noted yesterday, Gabriel Schoenfeld wrote an
article entitled "Put Steven Aftergood in the Brig."

http://www.commentarymagazine.com/contentions/index.php/schoenfe
ld/408

He was way out of line, wrote Robert S. Norris of the Natural
Resources Defense Council.

"Let's get our prisons straight. A Brig is a ship's or
Navy/Marine prison and to my knowledge Aftergood has not angered
the Navy to that point yet."

"As for the Army, the U.S. Disciplinary Barracks at Fort
Leavenworth, Kansas is a more logical place."

http://usacac.leavenworth.army.mil/CAC/usdb.asp

"But since Aftergood is a civilian he is not eligible for
incarceration there either."

"As he has done nothing wrong it looks as though he must remain
free."


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

To SUBSCRIBE to Secrecy News, send email to
secrecy_news-request.nul
with "subscribe" in the body of the message.

OR email your request to saftergood.nul

Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html

Secrecy News is available in blog format at:
http://www.fas.org/blog/secrecy/

SUPPORT Secrecy News with a donation here:
http://www.fas.org/static/contrib_sec.jsp

_______________________
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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