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Forwarded from the New Paradigms Project [Not Necessarily Endorsed]:
From: Remy C. <[EMAIL PROTECTED]>
To: endsecrecy list <[EMAIL PROTECTED]>
Subject: [endsecrecy] Judge OKs CIA Spending Secrecy
Date: Sunday, November 28, 1999 11:20 AM

From: "Dunn, Steven J." <[EMAIL PROTECTED]>
To: 'Skywatch' <[EMAIL PROTECTED]>
Subject: [SO] AP: Judge OKs CIA Spending Secrecy
Date: Tue, 23 Nov 1999 12:44:58 -0800

Monday November 22 4:56 PM ET

Judge OKs CIA Spending Secrecy

By TOM RAUM Associated Press Writer

WASHINGTON (AP) - A federal judge on Monday ruled that the Clinton
administration doesn't have to disclose what it spends on intelligence
activities, dismissing a lawsuit by a group seeking publication of the
total.

U.S. District Judge Thomas Hogan sided with CIA Director George Tenet,
who had refused to publicize the total on national security grounds.

Those seeking the declassification of the spending figure argued that
President Clinton had previously supported disclosure of the spending
levels, for 1997 and 1998 - $26.6 billion and $26.7 billion,
respectively.

``The fact that the president encouraged release of similar information
in the earlier years is not determinative here,'' Hogan said in granting
the government's motion for dismissal of the lawsuit brought by the
Federation of American Scientists.

``The decision deprives the public of the most basic form of
accountability,'' said Steven Aftergood, director of the federation's
government secrecy project. ``But we are confident that sooner or later,
this information will be declassified.''

He said no decision had been made on whether to appeal.

The Justice Department told a hearing this month that while Clinton had
earlier supported releasing the spending figures, Tenet had persuaded him
otherwise, beginning with the fiscal 1999 budget.

The intelligence budget, sometimes called ``black'' spending by Congress,
is scattered and fragmented through dozens of defense and other programs
in the federal budget to hide them from public scrutiny.

The Senate late last week approved a bill authorizing spending on these
programs for the fiscal year that began Oct. 1. Sources close to the
legislation said that the total figure had grown from the $26.7 billion
the government acknowledged in 1998 to about $29.5 billion.
The Federation of American Scientists went to court to try to obtain the
1999 figures after the administration denied their Freedom of Information
Act request seeking the number.

Hogan, in his ruling, said that while the president clearly has the
authority to release the figures on his own, Clinton ``never released or
ordered the release of'' the most recent figures for intelligence
spending - neither his request to Congress nor the total appropriated.

CIA Director Tenet had argued in court papers that since the 1997 and
1998 levels were already known, publishing more recent figures would
telegraph too much information about possible changes in spending
patterns.

``The court must defer to ... Tenet's decision that release of a third
consecutive year, amidst the information already publicly available,
provides too much trend information and too great a basis for comparison
and analysis for our adversaries,'' the judge wrote.




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