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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2008, Issue No. 18
February 21, 2008

Secrecy News Blog: 
** ARMY SAYS IT WILL RESTORE PUBLIC ACCESS TO ONLINE LIBRARY
** JUSTICE SEES NO MISCONDUCT IN CONFLICT BETWEEN VP AND ISOO
** US ARMED FORCES ABROAD, 1798-2007, AND MORE FROM CRS

ARMY SAYS IT WILL RESTORE PUBLIC ACCESS TO ONLINE LIBRARY

The U.S. Army said today that it would restore public access to the
online Reimer Digital Library of Army publications, after having
blocked the site on February 6.

Last week, the Federation of American Scientists filed a Freedom of
Information Act request asking for a copy of the entire Reimer
collection for publication on the FAS website or, alternatively, for
renewed public access to the site (Secrecy News, Feb. 13).

The Army chose the latter option.

"TRADOC [U.S. Army Training and Doctrine Command] is currently in the
process of making it available to the public again," said Mrs. Alverita
Mack, a Freedom of Information Act officer at Fort Eustis, Virginia.

"The Army has seen the error of its ways," said another Defense
Department FOIA officer.  "Also, they want you to withdraw your FOIA
request."

The dispute over the shuttered website was reported today in the
Washington Post.  See "Army Blocks Public’s Access to Documents in
Web-Based Library" by Christopher Lee, February 21:

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002830.html

By moving the Reimer site behind the password-protected Army Knowledge
Online (AKO) firewall, the Army placed the public at a disadvantage,
but not only the public.

"The Army has not only restricted access to the public but to everyone
else in DoD as well," one Navy correspondent explained to Secrecy News.
 "So… those working for the AF, Navy, Marines, etc will not be able to
access these documents — unless they are able to get an AKO account –
which isn’t a given."

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"I happen to have an AKO account but only because I know someone who
was willing to sponsor me," the Navy official wrote.  "It is getting
harder and harder to access information within DoD let alone from
outside it!"

The Freedom of Information Act is not often an effective mechanism for
changing government policy, nor was it intended to be.  But in this
case, where the Army had moved to block public access to thousands of
releasable documents, the FOIA proved to be the optimal tool for
compelling a change in policy.

Mrs. Mack, the Army FOIA officer, said today that she did not know
exactly when the Reimer Digital Library would again be accessible.
And, she said, it might end up at a different URL than before.  We
indicated that we would withdraw our FOIA request after public access
is fully restored.

JUSTICE SEES NO MISCONDUCT IN CONFLICT BETWEEN VP AND ISOO

The Department of Justice Office of Professional Responsibility has
declined to open an investigation into allegations that Justice
Department attorneys improperly refused to respond to the Information
Security Oversight Office when it challenged the Office of the Vice
President’s failure to cooperate with ISOO’s oversight of the
classification system.

In a January 2, 2008 complaint, the Federation of American Scientists
had argued that, under the terms of the President’s executive order,
the Justice Department was obliged to render an opinion on the
executive order’s applicability to the Office of the Vice President
when ISOO asked for it. Yet Justice attorneys at the Office of Legal
Counsel refused to do so.  (Secrecy News, Jan. 3).

The Office of Professional Responsibility was not persuaded.

"We have concluded that the facts do not raise an issue of attorney
misconduct that requires an investigation by this office," wrote H.
Marshall Jarrett, OPR Counsel.

"This matter does not involve an allegation of affirmative malfeasance,
but rather, the alleged improper failure to perform an act," he wrote.

Furthermore, the Justice Department’s handling of the matter appeared
to be consistent with the support of the Vice President’s position
against oversight that was expressed by the White House counsel, Mr.
Jarrett said.

Finally, he suggested, if there are still questions of interpretation
of the executive order that remain unresolved, "the ISOO may request an
opinion from the Department clarifying the matter."

The Department’s prior refusal to render such an opinion was the basis
of the original complaint.

See the February 14, 2008 letter from H. Marshall Jarrett, Office of
Professional Responsibility, Department of Justice, here:

     http://www.fas.org/sgp/news/2008/02/opr021408.pdf

The FAS complaint to which Mr. Jarrett responded may be found here:

     http://www.fas.org/sgp/news/2008/01/fas-opr.pdf

US ARMED FORCES ABROAD, 1798-2007, AND MORE FROM CRS

Noteworthy new reports from the Congressional Research Service that
have not been made readily available to the public include these.

"Instances of Use of United States Armed Forces Abroad, 1798-2007,"
updated January 14, 2008:

     http://www.fas.org/sgp/crs/natsec/RL32170.pdf

"The Cost of Iraq, Afghanistan, and Other Global War on Terror
Operations Since 9/11," updated February 8, 2008:

     http://www.fas.org/sgp/crs/natsec/RL33110.pdf

"Defense: FY2008 Authorization and Appropriations," updated January 23,
2008:

     http://www.fas.org/sgp/crs/natsec/RL33999.pdf

"U.N. Convention Against Torture (CAT): Overview and Application to
Interrogation Techniques," updated January 25, 2008:

     http://www.fas.org/sgp/crs/intel/RL32438.pdf

"Nonstrategic Nuclear Weapons," updated January 16, 2008:

     http://www.fas.org/sgp/crs/nuke/RL32572.pdf

"Securing General Aviation," updated January 24, 2008:

     http://www.fas.org/sgp/crs/homesec/RL33194.pdf