Thursday, February 16, 2006
Proper Declassification of Secret Documents
When several papers and websites reported on I. Lewis Libby's testimony in the Plame investigation that he was authorized in Summer, 2003 to reveal things contained in the confidential National Intelligence Estimate (NIE) of 2002 and seemed to imply that Libby and the authorizing superior were doing something wrong, I was puzzled. Well, which branch of government declares documents secret or confidential or open? Isn't it the executive branch? And didn't Libby work for the number two man in the hierarchy of the executive branch, Vice President Dick Cheney? What was the deal?
Vice President Dick Cheney recently said that he has authority to declassify the NIE. The MSM here and there seems to doubt him, but of course, Cheney is right. Here, via blogger McGuire at JustOneMinute, is the Executive Order:
EO 13292 (2003)
[1.3 (c) (3) ] "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head. (Emphasis added).
I'm learning that MSM members are ego driven big babies, but many seem to be illiterate about the American Government as well.
Vice President Dick Cheney recently said that he has authority to declassify the NIE. The MSM here and there seems to doubt him, but of course, Cheney is right. Here, via blogger McGuire at JustOneMinute, is the Executive Order:
EO 13292 (2003)
[1.3 (c) (3) ] "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head. (Emphasis added).
I'm learning that MSM members are ego driven big babies, but many seem to be illiterate about the American Government as well.
# posted by Roger Fraley @ 8:05 AM 
Comments:
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I assumed the power to classify implied the power to declassify, but then I read on.
Section 3.5 is about Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:
(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and
(3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requesters appeal rights.
(b) Information originated by:
(1) the incumbent President or, in the performance of executive duties, the incumbent Vice President;
(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the incumbent Vice Presidents Staff...
(Emphasis added).
As I understand it there is no need for review of classified information which the President or Vice President caused to be (like the NIE). If there is no mandatory review involving the Vice President et al. is the Veep free to declassify without review? I say yes. Good, solid comment though.
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Section 3.5 is about Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:
(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and
(3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requesters appeal rights.
(b) Information originated by:
(1) the incumbent President or, in the performance of executive duties, the incumbent Vice President;
(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the incumbent Vice Presidents Staff...
(Emphasis added).
As I understand it there is no need for review of classified information which the President or Vice President caused to be (like the NIE). If there is no mandatory review involving the Vice President et al. is the Veep free to declassify without review? I say yes. Good, solid comment though.
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