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Court Rebukes Government Over “Secret Law”

“Government must operate through public laws and regulations” and not through “secret law,” a federal appellate court declared in a decision last month.  When our government attempts to do otherwise, the court said, it is emulating “totalitarian regimes.” The new ruling (pdf) overturned the conviction of a defendant who had been found guilty of exporting […]

07.20.09 | 2 min read
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State Dept Offers New Caveat on Nixon Tapes

The transcripts of Nixon White House tape recordings that are published in the State Department’s official Foreign Relations of the United States (FRUS) series are merely “interpretations,” not official records, the State Department acknowledged in the latest FRUS volume that was released this month.  As such, those transcripts are susceptible to revision and correction. “Readers […]

07.20.09 | 3 min read
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JFK Urged Release of Most Diplomatic Records After 15 Years

The latest volume of the Foreign Relations of the United States (FRUS) series, the official record of U.S. foreign policy, reflects events that took place from 1969 to 1972, or nearly forty years ago.  This represents a continuing violation of a 1991 statute which requires the Secretary of State to publish FRUS “not more than […]

07.20.09 | 1 min read
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Barriers to Archival Access Stymie Historical Research

Notwithstanding official proclamations of a new era of transparency, public access to declassified historical records continues to be obstructed by procedural potholes, limited resources for processing records, competing priorities and, sometimes, bad faith. At the Naval History and Heritage Command (NHHC), declassified files that used to be open to the public have been withdrawn indefinitely […]

07.15.09 | 2 min read
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New Light on Intelligence Notifications to Congress

The White House has threatened to veto the FY2010 intelligence bill if it amends the National Security Act to permit expanded notification of sensitive intelligence activities to more members of the intelligence committees, as the House Intelligence Committee proposed.  However, based on the findings of a new report from the Congressional Research Service, the controversial […]

07.15.09 | 2 min read
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Some More From CRS

Other noteworthy new Congressional Research Service reports that have not previously been made available online include (both pdf): “Afghanistan: U.S. Foreign Assistance,” July 8, 2009. “Chemical Facility Security: Reauthorization, Policy Issues, and Options for Congress,” July 13, 2009.

07.15.09 | 1 min read
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Classified Intelligence Leaks, 2001-2008

Between September 2001 and February 2008, the Federal Bureau of Investigation initiated and closed the investigation of 85 reported leaks of classified intelligence information, “all of which concerned unauthorized disclosures of classified information to the media,” FBI Director Robert S. Mueller III told the Senate Intelligence Committee in a written response to questions (pdf) dated […]

07.15.09 | 1 min read
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Al Qaida: Western Spies Multiply “Like Locusts”

From the point of view of an al Qaida military leader, Western intelligence agents are now ubiquitous in the lands of Islam, and their operations have been extraordinarily effective.  The Western spies are unfailingly lethal, leaving a trail of dead Islamist fighters behind them.  Worst of all, they have managed to recruit innumerable Muslims to […]

07.13.09 | 3 min read
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NRO Releases Portion of 2009 Budget Justification

The National Reconnaissance Office, which develops, launches and operates U.S. intelligence satellites, last week released most of the unclassified portions (pdf) of its Congressional Budget Justification Book for FY2009.  While those unclassified portions are only a small fraction of the full budget document, they still provide a fresh glimpse or two of the agency and […]

07.13.09 | 1 min read
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Current Spreading & the Center for Security Evaluation

A newly disclosed report from the JASON defense advisory panel may not excite the interest of anyone who is not a student of electrical engineering.  It examines the distribution of electrical current flowing through a long, narrow conductive object.  See “Current Spreading in Long Objects” (pdf), October 2008. Somewhat more interesting is the fact that […]

07.13.09 | 1 min read
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IG Report on “President’s Surveillance Program” Released

Last year, Congress directed intelligence agency Inspectors General to prepare an unclassified report on the Bush Administration’s warrantless surveillance program. That report has just been released. It traces the origins, implementation, and utilization of the Program, and discusses the legal questions surrounding its development. See Unclassified Report on the President’s Surveillance Program (pdf), Joint Inspector […]

07.10.09 | 1 min read
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Covert Action Notification Policy in Dispute

The intelligence authorization bill that is pending in the House of Representatives would generally require all members of the intelligence committees to be briefed on covert actions, not just the so-called “Gang of Eight,” unless the Committee itself decided to limit such briefings. “The Committee understands well the need to protect intelligence information from unauthorized […]

07.09.09 | 2 min read
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