UFO UpDates
A mailing list for the study of UFO-related phenomena
'Its All Here In Black & White'
Location: UFOUpDatesList.Com > 2002 > Jun > Jun 12

Secrecy News -- 06/11/02

From: Steven Aftergood <saftergood@fas.org>
Date: Tue, 11 Jun 2002 12:55:47 -0400
Fwd Date: Wed, 12 Jun 2002 00:57:09 -0400
Subject: Secrecy News -- 06/11/02


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2002, Issue No. 50
June 11, 2002


**	JUDICIAL REVIEW OF ACCESS DETERMINATIONS UPHELD
**	A CRITICAL HISTORY OF THE FBI
**	RESEARCHING NATIONAL SECURITY RECORDS
**	SECRECY IN THE NEWS


JUDICIAL REVIEW OF ACCESS DETERMINATIONS UPHELD

A federal court yesterday emphatically rejected a Bush
Administration claim that the executive branch has the exclusive
right to determine who may have access to classified information
and that such determinations are not subject to judicial review.

"The implications of the arguments put forth by the government
in this case are stunning," wrote Judge Emmet G. Sullivan, in
rebuffing the Administration's position.

"The government argues here that any and all conflicts between
national security interests and individual constitutional rights
can not be resolved by the... courts because the Constitution
commits the protection of national security to the Executive
Branch....."

But that "is not and has never been the law," the Judge found.

"If this were the law, the Pentagon Papers case... was wrongly
decided [and] the Freedom of Information Act... would be
unconstitutional," Judge Sullivan wrote.

The question of judicial authority arose in the course of a
dispute over the pre-publication review of a manuscript on the
Chinese nuclear weapons program written by former Los Alamos
official Danny B. Stillman, who has sought official approval to
publish his manuscript for years now.  In the latest twist, the
government opposed granting access to classified portions of the
manuscript to Stillman's attorney, Mark S. Zaid.

"This Court will not allow the government to cloak its
violations of plaintiff's First Amendment rights in a blanket of
national security," the Judge wrote.

Judge Sullivan ordered the government to proceed expeditiously
to conduct the background investigation needed to approve Mr.
Zaid's clearance for access to contested portions of the
Stillman manuscript.

See Judge Sullivan's 106 page memorandum opinion here:

http://www.dcd.uscourts.gov/01-1342.pdf

See also "Judge Upholds Classified Info Review" by Leslie Miller
of the Associated Press:

http://www.washingtonpost.com/wp-dyn/articles/A28206-2002Jun10.html


A CRITICAL HISTORY OF THE FBI

"FBI officials intensively investigated the Federation of
American Scientists" in the late 1940s and 1950s, recalls Athan
Theoharis in "Chasing Spies," his new critical history of the
FBI.

"FBI agents carefully monitored the public activities of FAS
leaders and their various efforts to influence public policy,
having been ordered to determine their 'political orientation,'
possible links to Communists or suspected Communists, and
'agitation and pressure activities aimed at influencing the
dissemination of technical and other information' [concerning
nuclear policy]," Theoharis notes.

As the standards governing FBI investigations are being
modified, the Bureau's record is of more than historical
interest.  While the FBI should not be unduly burdened by its
past excesses as it works today to combat terrorist threats to
the nation, neither should those excesses be altogether
forgotten.

Chapter One of "Chasing Spies: How the FBI Failed in
Counterintelligence But Promoted the Politics of McCarthyism in
the Cold War Years" by Athan Theoharis is now posted here:

http://www.fas.org/irp/eprint/theoharis.htm

See also:

http://www.ivanrdee.com/spTheoharis_Chasing.html


RESEARCHING NATIONAL SECURITY RECORDS

Navigating through the nation's archives and records
repositories in search of particular documents can be a daunting
and discouraging task.

Over the past decade, James E. David of the National Air and
Space Museum has been to the bowels of U.S. archival system and
back, and now he has described what he has learned.

His new reference book, entitled "Conducting Post-World War II
National Security Research in Executive Branch Records: A
Comprehensive Guide," begins with a brief introduction to
records retention and declassification policy.  It then provides
a detailed 200 page itemization of what kinds of national
security records are located where, along with notations on
their status and availability.

Though overpriced at $85, the book has the potential to save
serious researchers considerable time in finding what they are
looking for, and to alert others to the existence of records
they might never have known about.  See:

http://www.greenwood.com/books/BookDetail.asp?sku=GR1986


SECRECY IN THE NEWS

The Pentagon's Missile Defense Agency has adopted a new
classification policy that will significantly reduce the
availability of public information about the controversial
missile defense test program, as reported by Defense Daily and
the Los Angeles Times.  See "Why the Secrecy Shield?" by Philip
E. Coyle III in the June 11 Washington Post:

http://www.washingtonpost.com/wp-dyn/articles/A28739-2002Jun10.html

The impact of new security regulations on the conduct of
scientific research is discussed in "Staying One Step Ahead of
Government Censors" by Peg Brickley in the June 10 issue of The
Scientist here (free registration required):

http://www.the-scientist.com/yr2002/jun/prof_020610.html


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

To SUBSCRIBE to Secrecy News, send email to majordomo@lists.fas.org with
this command in the body of the message:
subscribe secrecy_news

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

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691




[ Next Message | Previous Message | This Day's Messages ]
This Month's Index |

UFO UpDates Main Index

UFO UpDates - Toronto - Operated by Errol Bruce-Knapp


Archive programming by Glenn Campbell at Glenn-Campbell.com