[Intelforum] Secrecy News -- 02/02/09

Mon Feb 2 12:33:27 EST 2009

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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2009, Issue No. 11
February 2, 2009

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

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**     ERIC HOLDER ON STATE SECRETS, OLC OPINIONS
**     WAITING FOR A CHIEF TECHNOLOGY OFFICER
**     WAR IN AFGHANISTAN, AND MORE FROM CRS

ERIC HOLDER ON STATE SECRETS, OLC OPINIONS

Attorney General-nominee Eric H. Holder, Jr. said that, if confirmed, he
will review current litigation in which the Bush Administration has
asserted the state secrets privilege and that he will seek to minimize the
use of the privilege.

"I will review significant pending cases in which DOJ has invoked the
state secrets privilege, and will work with leaders in other agencies and
professionals at the Department of Justice to ensure that the United
States invokes the state secrets privilege only in legally appropriate
situations," Mr. Holder wrote in response to pre-confirmation questions
for the record from Sen. Russ Feingold.

He also affirmed a general commitment to open government.

"I firmly believe that transparency is a key to good government.  Openness
allows the public to have faith that its government obeys the law," Mr.
Holder told Sen. Feingold.

More particularly, he said he favored maximum public disclosure of Office
of Legal Counsel opinions.

"Once the new Assistant Attorney General in charge of the Office of Legal
Counsel is confirmed, I plan to instruct that official to review the OLC's
policies relating to publication of its opinions with the [objective] of
making its opinions available to the maximum extent consistent with sound
practice and competing concerns," Mr. Holder wrote.

See his answers to written questions from Senator Feingold:

     http://www.fas.org/sgp/news/2009/01/holder-qfr.html

Last week, the ACLU called upon the Justice Department to release OLC
opinions concerning Bush Administration policies on surveillance,
detention, and interrogation.

"Releasing the memos would ... signal to Americans, and to the world, that
you intend to turn the page on an era in which the OLC served not as a
source of objective legal advice but as a facilitator for the executive's
lawless conduct," the ACLU wrote.

     http://www.aclu.org/safefree/general/38511prs20090128.html

The news organization Pro Publica has prepared a database of pertinent OLC
opinions from the Bush Administration.  See "The Missing Memos" by Dan
Nguyen and Christopher Weaver, January 28.

     http://www.propublica.org/special/missing-memos

WAITING FOR A CHIEF TECHNOLOGY OFFICER

In a January 21 memorandum, President Obama directed the Chief Technology
Officer to coordinate the development of an Open Government Directive that
would implement the Administration's principles of transparency.

But there is no Chief Technology Officer (CTO), so far.

And there are fundamental questions about the nature, role, authority,
budget, and status of such a position that remain to be answered.  Many of
the uncertainties involved are usefully delineated in a new report from the
Congressional Research Service.

Up to now, the CRS report said, it is unknown "where a CTO would be
located organizationally; whether a CTO would be a single position or
supported by a staff, office, or agency; and how the duties and
authorities of a CTO would be aligned and integrated with existing offices
and agencies charged with similar responsibilities."

Further, "The President has not indicated whether he intends to establish
a CTO position by executive order or other administrative process, or
whether he will seek legislation."

Even more fundamentally, "What would be the scope of duties and
authorities given to this position?"

Finally, the CRS astutely observed, "while the duties envisioned for a CTO
may affect President Obama's choice for the [position], the attributes of
the person appointed to serve as CTO may, in part, define the role of
CTO."

See "A Federal Chief Technology Officer in the Obama Administration:
Options and Issues for Consideration," January 21, 2009.

     http://www.fas.org/sgp/crs/misc/R40150.pdf

WAR IN AFGHANISTAN, AND MORE FROM CRS

A new report from the Congressional Research Service provides an extensive
overview of the U.S. war in Afghanistan, and the choices that confront U.S.
policy makers.

"The U.S. Government faces key strategic and operational decisions about
its further engagement in the war in Afghanistan. These may include
clarifying U.S. national interests in Afghanistan and the region; defining
clear strategic objectives based on those interests; determining which
diplomatic, economic, and military approaches to adopt, and what resources
to commit to support those approaches; prioritizing 'Afghanistan' versus
other national security imperatives; and helping marshal a coordinated
application of international efforts."

See "War in Afghanistan: Strategy, Military Operations, and Issues for
Congress," January 23, 2009.

     http://www.fas.org/sgp/crs/row/R40156.pdf

Other noteworthy new reports from the Congressional Research Service
include the following.

"Homeland Security Intelligence: Perceptions, Statutory Definitions, and
Approaches," updated January 14, 2009.

     http://www.fas.org/sgp/crs/intel/RL33616.pdf

"Israel and Hamas: Conflict in Gaza (2008-2009)," January 15, 2009.

     http://www.fas.org/sgp/crs/mideast/R40101.pdf

"Comprehensive Nuclear-Test-Ban Treaty: Background and Current
Developments," updated January 28, 2009.

     http://www.fas.org/sgp/crs/nuke/RL33548.pdf

"The Special Inspector General (SIG) for the Troubled Assets Relief
Program (TARP)," January 14, 2009.

     http://www.fas.org/sgp/crs/misc/R40099.pdf

"Amendments to the Foreign Intelligence Surveillance Act Set to Expire in
2009," January 6, 2009.

     http://www.fas.org/sgp/crs/intel/R40138.pdf

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

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