Please find below an example of UPI's continuing coverage of U.S.
intelligence, published earlier this week. A shorter version appeared on
A7 of Monday's Washington Times. You may link to the full-length version
on the Web here:

http://www.upi.com/inc/view.php?StoryID=20061029-063654-4651r

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Shaun Waterman
UPI Homeland and National Security Editor
E-mail: [EMAIL PROTECTED]
Tel: 202 898 8081
Web-page: http://homeland-hack.blogspot.com/


UPI: Declassification board called "White House puppet"
By SHAUN WATERMAN
UPI Homeland and National Security Editor

WASHINGTON, Oct. 30 (UPI) -- A special panel set up last year to reduce
excessive secrecy in government is being labeled toothless after its
chairman told lawmakers he could not act except at the request of the
president. 

"The statute under which we operate provides that the president must
request the board undertake such a review before it can proceed," wrote
L. Britt Snider, chairman of the Public Interest Declassification Board
to Sen. Ron Wyden, D-Ore. 

Government transparency advocates say that if the statute is interpreted
that way, it makes the board, in the words of Steven Aftergood, of the
Federation of American Scientists, "a White House puppet." 

Aftergood told United Press International that "The board needs the
capacity for independent action, otherwise it might as well not exist." 

The letter from Snider, a copy of which was obtained by UPI, says it is
"an interim response" to a request from Wyden and a bi-partisan group of
colleagues for the board to review two reports the Senate Select
Committee on Intelligence produced, which assessed U.S. intelligence
about Iraq prior to the 2003 invasion, in the light of what has been
learned since. 

"We believe that portions of these two reports remain unnecessarily
classified," wrote committee members Kit Bond, R-Mo., Dianne Feinstein,
D-Calif., Mike DeWine, R-Ohio, Russ Feingold, D-Wisc., Orrin Hatch
R-Utah, and Vice Chairman Jay Rockefeller, D-W.V., in a letter last
month. 

They requested that the board review the reports to see if they were
over-classified -- the first test of the board's role as a watchdog for
secrecy policy. 

"I think the intelligence community used their black highlighters
excessively as they reviewed these reports," Wyden said at the time. "I
am particularly concerned it appears that information may have been
classified to shield individuals from accountability." 

The Public Interest Declassification Board was established in law in
2000, following a 1997 recommendation from a commission headed by the
late Sen. Daniel Patrick Moynihan. The board was set up, according to
statute, "To promote the fullest possible public access to a thorough,
accurate, and reliable documentary record of significant U.S. national
security decisions and ... activities." 

But the administration did not appoint any members until September 2004,
and no funds were appropriated for it until last year. 

A little-noticed provision of the 2004 intelligence overhaul law enacted
by Congress changed the board's charter, adding two seemingly
contradictory provisions. 

One states that the board shall "review and make recommendations to the
president ... with respect to any congressional request, made by the
committee of jurisdiction, to declassify certain records." 

But another says "If requested by the president, the board shall review
... certain records ... the declassification of which has been the
subject of (a) specific congressional request described" in the first
section. 

"I think the Bush administration had a hand in the drafting," said
Aftergood, "and they are very jealous of presidential prerogatives in
this area." 

Calling the dual, and dueling, provisions "an ambiguity in the way the
law was drafted," Aftergood said they effectively made the board
toothless. "If it needs White House permission to challenge
over-classification," he said, "the scope of its activities is going to
be severely constrained." 

The board says it is stuck in the middle of a tussle about its
authorities between lawmakers and the White House. 

"The White House position is they have to request (any review like that
of the senate committee report)," Snider told UPI. "The senators believe
they can ask independently. ... We're kind of stuck in the middle." 

Snider said the board was "waiting for guidance from the White House"
about how to proceed. 

The board's Executive Secretary J. William Leonard, added that the board
was keen to get things right the first time around. "There's a desire
that (this first request) is processed in accordance with the statute,
because it will be establishing a precedent," he told UPI. 

He said the board was keen to move ahead with the review. "We are kind
of feeling our way around" the new process, he said. 

Leonard said an additional problem is that the statute specifies
congressional requests must come from the committee of jurisdiction.
Although intelligence committee Chairman Sen. Pat Roberts, R-Kan., has
said on the Senate floor that he supports the review, he has yet to
formally request it. 

"We are waiting for a request from the committee itself," said Leonard.
He and Snider said that under the law, the White House would not
consider requests except from the committee. 

An intelligence committee staffer authorized to speak to the media told
UPI only that Roberts stood by his statement supporting the board's
review and that committee staff "continues to work with the Board on
this matter." 

The staffer said Roberts was "prepared to weigh in with the board as
necessary to see that this review takes place," but offered no
explanation as to why he had no done so yet. 

Leonard said the board was confident that they would get a formal
request. "We have been told that there is no problem ... that the board
will get a request," he said.

(c) Copyright 2006 United Press International, Inc. All Rights Reserved


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