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Court Keeps Decisions About Warrantless Wiretapping Program Under Wraps

A federal court that generally operates in secrecy is, not surprisingly, keeping secret the details of the courts decisions on the National Security Agency’s warrantless wiretapping program, according to a Dec. 12 New York Times story.

Two recent decisions by the Foreign Intelligence Surveillance Court’s decisions are known, but the reasoning behind them is not. One, a January ruling, allowed the administration to operate the program under the Foreign Intelligence Surveillance Act. A May ruling was more restrictive, leading the administration to request that Congress change the act.

The American Civil Liberties Union (ACLU) asked the court to release the opinions that detail the two rulings because the public had a right to know the information during a recent congressional debate on the issue. A federal court’s interpretation of federal law should not be kept secret, contends Jameel Jaffer, director of the National Security Project at the ACLU.

In his Dec. 11 ruling, Judge John D. Bates, who sits on the surveillance court and the Federal District Court in Washington, D.C., agreed that enhanced public scrutiny could provide an additional safeguard against mistakes, overreaching and abuse.

But that does not outweigh the need or right of the government to keep the material classified, Bates said.

Posted 12-12-2007 12:20 PM EDT

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CIA Destroys Videotapes Showing ‘Severe Interrogation Techniques’

In 2005, the CIA destroyed at least two videotapes showing the agency’s interrogation of two al-Qaeda operatives, according to a Dec. 7 New York Times story.

Why destroy the tapes? Because the agency was concerned about the legal risks of the video, which showed CIA operatives using “severe interrogation techniques” on terrorism suspects.

“The destruction of the tapes raises questions about whether agency officials withheld information from Congress, the courts and the Sept. 11 commission about aspects of the [agency’s secret detention] program,” according to the Times.

After the Times told the CIA that it was preparing to publish an article on the tapes’ destruction, Gen. Michael V. Hayden, the CIA director, told employees that the agency had acted “in line with the law.”

According to Hayden’s statement, the tapes were a “serious security risk,” and if they got out to the public, they would have exposed agency officials “and their families to retaliation from Al Qaeda and its sympathizers.”

Hayden also said leaders of congressional oversight committees were informed about the tapes and told about the decision to destroy them. But Rep. Peter Hoekstra (R-Mich.), who was the House Intelligence Committee chairman between 2004 and 2006, and Rep. Jane Harman (D-Calif.), the committee’s top Democrat between 2002 and 2006, said they were not told about the decision to destroy the tapes.

In fact, Harman said that she told CIA officials years ago that destroying interrogation tapes would be a “bad idea,” according to the Times.

“How in the world could the CIA claim that these tapes were not relevant to a legislative inquiry?” she said. “This episode reinforces my view that the CIA should not be conducting a separate interrogations program.”

 

 

Posted 12-07-2007 5:43 PM EDT

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White House Secrets: The Abramoff Edition

The Secret Service is living up to its name: The agency has identified some highly sensitive documents related to White House visits by imprisoned former superlobbyist Jack Abramoff that, it says, cannot be released to the public, according to a Dec. 2 Associated Press story.

The Secret Service’s concerns would prevent the production of the documents in a civil lawsuit, even though the Bush administration agreed last year to produce all relevant    records about Abramoff’s visits to the White House.

“This is an extraordinary development and it raises the specter that there were additional contacts with President Bush or other high White House officials that have yet to be disclosed,” said Tom Fitton, president of Judicial Watch, the conservative watchdog group that filed the suit. “We’ve alleged that the government has committed misconduct in this litigation, and frankly this is more fuel for that fire.”

Extraordinary development, indeed.

 

Posted 12-04-2007 1:03 PM EDT

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'Early Warning' Data Kept Out of Public's Reach

The National Highway Traffic Safety Administration (NHTSA) on Oct. 19 released a final rule thwarting public access to early warning information about motor vehicle safety hazards. 

Despite losing in the courts, the administration insists on trying again to produce a rule that will keep the public in the dark about potential defects and other safety hazards in the cars they drive.

The final rule released Oct. 19 restricts public access to much of the "early warning data" submitted by the auto and tire industry under the 2000 Transportation Recall Enhancement, Accountability and Documentation Act (TREAD Act) to assist in the early identification of motor vehicle safety defects.

LEARN MORE. 

Posted 10-22-2007 10:16 AM EDT

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Court to Bush: Secretive Tactics Are Illegal

President Bush’s executive order to limit public access to presidential records violates the Presidential Records Act, a federal court ruled Monday in a suit filed by Public Citizen. In an attempt to keep secret records of former presidents and vice presidents, Bush’s order had wrested away control from the National Archives and essentially given office holders veto power over release of their papers.

Learn more. 

Read the opinion.

Posted 10-02-2007 3:22 PM EDT

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