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Indict a Leaker, Muzzle the Press

A recent case in which pro-Israel lobbyists have been indicted for accepting classified information has free-press advocates worried. The reason: this is the first time in recent memory that private citizens (rather than U.S. government employees) have been charged with “delivery and transmission” of classified information - a “crime” that journalists commit all the time as part of their reporting.

Critics see the indictments as part of an ongoing Bush administration effort to crack down on press freedom. “The indictments reflect a disturbing tendency of the Department of Justice to limit the dissemination of information to the public by using the criminal law in a particularly aggressive manner,” veteran civil liberties advocate Floyd Abrams told The Raw Story, a news Web site.

The story began Aug. 4, when the Justice Department indicted two former officials of the American-Israeli Public Affairs Committee (AIPAC) and Pentagon analyst Larry Franklin for conspiracy to communicate classified intelligence to Israel. AIPAC is a powerful pro-Israel lobbying organization based in Washington.

Franklin has decided to plead guilty and will testify against the two former AIPAC employees, Steve Rosen and Keith Weissman, who have been fired. Their trial is expected in early 2006.

The reason their indictment is so unusual is that the United States does not have an Official Secrets Act as Britain does. While it is illegal for a government employee who has a security clearance and signed a non-disclosure agreement to reveal classified information, it is not against U.S. law for other persons to share that information.

John Pike, who runs the defense watchdog Web site GlobalSecurity.org, told The Raw Story, “What they’re doing in this case by indicting them for conspiracy is to create a Secrets Act.”

As Eli Lake wrote in the Oct. 10 New Republic, “If it’s illegal for Rosen and Weissman to seek and receive ‘classified information,’ then many investigative journalists are also criminals.”

Lake added, “At a time when a growing amount of information is being classified, the prosecution of Rosen and Weissman threatens to have a chilling effect - not on the ability of foreign agents to influence U.S. policy, but on the ability of the American public to understand it.”

 

Posted 10-04-2005 6:25 PM EDT

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Democrats Push for More Documents on Roberts

Democrats in the Senate continue to clash with the Bush administration over whether the White House will release documents that reveal the thinking of Supreme Court nominee John Roberts.

Senate Democrats accused the White House of delaying the release of documents that could make Roberts’ confirmation more controversial, according to an Aug. 10 Associated Press story. “The time for such partisan review of documents was before the nomination of Judge Roberts to the Supreme Court,” said Sen. Charles Schumer (D-N.Y.).

White House spokesperson Dana Perino said the administration is just doing a “quick review” of the documents “for any national security, personal privacy or other privacy concerns,” Reuters reported.

The biggest controversy continues to focus on whether senators will have access to internal memos from Roberts’ work as deputy solicitor general during the 1989-1993 administration of President George H.W. Bush. In early August the Justice Department said it would not give the Senate records from 16 cases in which Roberts dealt with such issues as abortion, affirmative action, school prayer and capital punishment, AP reported.

Senate Judiciary Committee Chair Arlen Specter (R-Pa.) backed the administration’s decision to keep those records secret.

“Given the way the information has been trickling out and given the serious questions that the information has raised each time something trickles out, this is all the more reason to come clean,” said Karen Finney, a spokesperson for the Democratic National Committee.

The White House is releasing records from Roberts’ work for the Reagan administration in the early 1980s.

Some information on Roberts has raised questions. For example, he once lobbied for cosmetics makers, and he worked with the ultra-conservative Federalist Society (though may not have officially been a member). So far, no revelations have seemed explosive enough to derail the confirmation prospects of President Bush’s first nominee to the U.S. Supreme Court.

 

Posted 08-11-2005 3:10 PM EDT

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White House Won't Release Roberts Solicitor General Documents

Bush administration officials said the White House will release some government documents produced by Supreme Court nominee John G. Roberts but will not make public the work Roberts did for the administration of President George H.W. Bush, when he was principal deputy solicitor general from 1989 to 1993.

Most of the earlier Roberts documents are already in the public domain or are covered by federal laws that tend to make them publicly accessible, so it would be hard for the Bush White House to keep them secret.

The White House decision will not satisfy Democratic senators, who have demanded access to files from Roberts’ work in the solicitor general’s office. Because Roberts has been a federal judge for only two years, he has not left much of a paper trail revealing his views, and Democrats are hoping that his work as deputy solicitor general will provide some ammunition for the upcoming confirmation hearings. Roberts worked as deputy to Solicitor General Kenneth W. Starr (yes, the Kenneth Starr of Clinton and Monica fame), where he helped plan legal strategies for the first Bush administration.

White House officials said they will help make available (or at least will not block the release of) documents relating to two earlier Roberts positions during the Reagan administration.

Documents related to Roberts’ work in the White House counsel’s office from 1982 to 1986 are in the Ronald Reagan presidential library. Those will be released “after review,” according to The Washington Post. According to The New York Times, the Bush administration decided to waive any claim of attorney-client privilege because those papers are covered by the Presidential Records Act, which favors disclosure of documents covered by the act.

Earlier documents relating to Roberts’ work as special assistant to Attorney General William French Smith from 1981 to 1982 have been stored in the National Archives and so were publicly available. They are being sent to the Senate Judiciary Committee and reporters will be able to read them.

 

 

 

 

Posted 07-26-2005 6:40 PM EDT

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White House Won't Show All Roberts Records

Two Republican spokespersons said that the Senate will not have access to all the documents produced by Supreme Court nominee John Roberts when he worked for two Republican administrations, the Associated Press reported July 25. 

Roberts worked in the Reagan White House counsel’s office from 1982 to 1986, and then was principal deputy solicitor general in the Justice Department under the first President Bush.

TV actor and former Senator Fred Thompson (R-Tenn.), who is shepherding the Roberts nomination through the Senate confirmation process, said on NBC’s “Meet the Press” July 24 that Roberts’ work would be withheld because it falls under attorney-client privilege. “We hope we don’t get into a situation where documents are asked for that folks know will not be forthcoming and we get all hung up on that,” Thompson said.

Attorney General Alberto Gonzales, while taking a less rigid stand than Thompson, said he would be reluctant to share Roberts’ work for the solicitor general’s office, “because it is so sensitive … and does chill communications between line attorneys and their superiors within the Department of Justice.”

But Democratic members of the Senate Judiciary Committee, which will consider the nomination, are unlikely to be put off by privacy claims. Said Sen. Patrick Leahy (D-Vt.), the senior Democrat on the committee, “Of course there is no lawyer-client privilege. Those working in the solicitor general’s office are not working for the president. They’re working for you and me and the American people.”

Posted 07-25-2005 1:09 PM EDT

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Senators Pushing For Government Openness

U.S. Sens. Patrick D. Leahy (D-Vt.) and John Cornyn (R-Tex.) are proposing legislation that would penalize agencies that ignore Freedom of Information Act (FOIA) requests.

FOIA is used every year by millions of people, primarily journalists. The government, however, can refuse to release information if it says there is a possible threat to national security, personal privacy or law enforcement.

Although 92 percent of requests were granted last year, the Government Accountability Office said that the backlog of requests has increased 14 percent since 2002. Experts say that the cause of delay may be that the document is hard to locate or that requests are unclearly stated. Also, with the increasing number of requests, the agencies do not have enough staff to keep up.

The goal of the bills is to make the agencies more responsive to requests. Open-government advocates believe, however, that the legislation will have little effect on the types of information the government releases.

The Cornyn-Leahy bill would penalize agencies that do not contact requesters within 20 days about whether the information can be released. The bill also would curtail the legal grounds that agencies use to withhold documents and would make it more difficult for the government to avoid paying the legal expenses of requesters when conflicts are brought to court.

Cornyn and Leahy are also pushing to create an ombudsman for FOIA to mediate possible conflicts between the public and the government. This would provide requesters who are dissatisfied with an agency’s response an alternative to court.

According to The Washington Post, the proposal marks the first push for FOIA openness in years. FOIA replaced sections of a 1966 law that required information seekers to explain why they wanted the information. Under FOIA, the government must explain why it will not grant a request.

Posted 07-11-2005 10:46 AM EDT

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