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(or Big Brother
knows best!)
federal grand juries
"Its pretty basic stuff - secrecy invites
corruption."
- Steven Aftergood
"The very word "secrecy" is repugnant in a
free and open
society; and we are as a people inherently
and historically opposed to secret societies, to secret oaths and to secret
proceedings. We decided long ago that the of excessive and unwarranted
concealment of pertinent facts far outweighed the
which are cited to justify it. Even
today, there is little value in opposing
the threat of a closed society by
imitating its
arbitrary restrictions. Even today,
there is little value in insuring the
survival of our nation if our traditions do not survive with it.
And there is very grave that an announced need for increased
security will be seized upon by those anxious to expand its meaning to the very
limits of official censorship and concealment. That I do not intend to permit
to the extent that it is in my control.
And no official of my Administration, whether his rank is high or low, civilian
or military, should interpret my
words here tonight as an excuse to censor
the news, to stifle dissent, to
cover up our mistakes or to
withhold from the press and the public the facts they deserve to
know." -
John F. Kennedy, Waldorf-Astoria
Hotel New York City, April 27, 1961
"In 1997, 20 officials in the federal
government were empowered to wield the
top secret stamp. In 2006 there are 1,300." - Paul McMasters
"In recent years, the executive branch has asserted
the privilege more frequently and broadly than before, typically to seek
dismissal of lawsuits at the pleadings stage. Facing allegations of unlawful
Government conduct ranging from domestic warrantless surveillance, to
employment discrimination, to retaliation against whistleblowers, to
torture and 'extraordinary rendition,' the
Bush administration has invoked
the privilege in an effort to shut down civil suits against both Government
officials and private parties. Courts have largely acquiesced.
While
there is some debate over the extent to which this represents a quantitative or
qualitative break from past practice, what is undebatable is that the privilege
is currently being invoked as grounds for dismissal of entire categories of
cases challenging the constitutionality of Government action, and that a strong
public perception has
emerged that sees the privilege as a tool for Executive abuse." - Senate
Judiciary Committee Report 110-442
"Secrecy all too often becomes a
political tool used by Executive Branch
agencies to shield information which may be politically sensitive or
policies which may be unpopular with the
American public. Worse yet, information
may be classified to hide from public view illegal or unethical activity." -
Senator Jeese Helms, Senate hearing in 1997
A 1953 Supreme Court
decision, United States versus Reynolds, that is the
cornerstone of national
security secrecy
policy, the "state secrets
privilege", relied on false
government information to provide the
precedential basis for asserting
that there are "military matters which, in the interest of national
security, should not be
divulged."
The Reynolds case originated when the widows of
three crew members who died in a 1948 crash of a B-29 S bomber requested
accident reports on the crash.
The Air Force denied the request and
filed affidavits with the Supreme Court claiming that the withheld reports
contained information about the aircraft's secret mission and described secret
electronic equipment on board that had to be protected from disclosure.
The Supreme Court, citing that claim, ruled in
favor of the Air Force and
established the state secrets privilege.
Eventually the Air Force
accident reports were declassified and found to contain nothing whatsoever
about a secret mission or sensitive electronic equipment.
The
declassified Air Force accident reports do highlight negligence in training
crew members, negligence in maintenance of the aircraft and pilot error.
There is absolutely no mention of ‘classified secrets' in the
accident reports.
Permanent flying crews had not been established for
the experimental flights of 3150th Electronics Squadron.
Civilian
passengers and crew were not briefed prior to take off on emergency procedures.
The commanding officer failed to exercise adequate supervision.
The pilot inadvertently hit the feathering switch on engine #4 when
hitting the feathering switch of engine #1.
Technical orders, as to
maintenance, were not complied with so the aircraft was not considered to have
been safe to fly.
The legal
precedent that granted the federal
government the ‘state secrets
privilege' was based on false and misleading
information provided by a federal government agency, the Air Force.
Because of this legal precedent the federal
government has used the ‘state secrets
privilege' to cover up government
negligence and mistakes that would
be embarrassing to government
officials and that might prove government officials were liable for
their acts.
"Over time, the desire to protect
military secrets has started to look
a good deal like the impulse to cover up mistakes, avoid embarrassment and gain
insulation from liability" - Barry Siegel
"A layman might have supposed that 'the very
principle upon which our judicial
system is based' is
justice, or fairness to the parties, or
an accurate record. But a layman would be wrong.
Since 9-11
government agencies have restricted
access to unclassified information in
libraries,
archives, Web sites, and
official databases.
Once freely available, a growing number of these
sources are now barred to the
public as "sensitive but
unclassified" or "for official use only."
No comprehensive catalog of
deleted information exists.
The
information blackout serves the interests of
George W. Bush, who is
allergic to criticism or probing questions.
The information blackout is
a disservice to the American people.
Current information policies are
conditioning Americans to lower their
expectations of
government accountability and to doubt
their political
leaders.
Information is the
oxygen of
democracy." - Steven Aftergood
"It quickly becomes apparent to any person who has considerable
experience with classified material
that there is massive over classification and that the principal concern of the
classifiers is not with national security, but with
governmental embarrassment of one sort
or another."- Erwin Griswold,
who as United States solicitor general prosecuted the New York Times in
the Pentagon Papers case in 1971, persuaded three Supreme Court justices
to vote for a prior restraint on the New York Times in the case based on
national security. In 1989, Erwin
Griswold confessed in a Washington Post Op-Ed article that there was no actual
national security damage from the
publication of the Pentagon Papers. "Since 9/11, George W. Bush's mouthpieces have
ferociously attacked anyone not in complete agreement with their position,
accusing them of anti-patriotism, naivete and, now,
actual crimes of treason. All
this noise must serve a purpose. I
wonder what else they don't want us to know." - David Higgins
"In too many
cases, claims of state secrets have succeeded in keeping important cases out of
court entirely or preventing courts from considering evidence vital to the
outcome of a case," said Rep. John Conyers, Chairman of the House Judiciary
Committee, at a January 29, 2008 hearing on "Reform of the State Secrets
Privilege".
"Like George Orwell's Newspeak, we need a new language for
the legal environment that George W. Bush's radical judges have created. "Not
guilty by reason of secrecy" - is there anything the government can't do, as
long as it keeps it secret?" - Dan Kronstadt
Top secrets, classified secrets, unclassified
secrets, more secrets and damning secrets.
"A court that automatically accepts the
governments argument about 'state
secrets', without ever looking at the documents in question, aligns the
judiciary with the executive branch
and eliminates any chance of a
fair trail." - Louis Fisher
"In the councils of
government we must guard against the
acquisition of unwarranted influence, whether sought or
unsought, by the military-industrial
complex. The potential for the disastrous rise of misplaced
power exists and will persist." -
Dwight Eisenhower
"They're
doing everything to remove our history, to damage the
Freedom of Information Act.
George W. Bush managed to have
a number of presidential papers, including those of his father, put out of the
reach of historians, or anybody for a great length of
time, during which they will probably be
shredded, so they will never be available. And what I have always called
jokingly the United States of Amnesia will be worse than an amnesiac, it will
have suffered a lobotomy,
there will be no functioning historical memory of our
history." - Gore Vidal
A federal government report by the special
inspector general of Iraq
reconstruction stated that Halliburton
subsidiary
Kellogg, Brown and Root
routinely stamped information, such as the number of meals served, as
proprietary "secret" information.
The federal
government army corp of engineers has
stamped "secret" information on flooding
in Florida. The federal
government does not want Floridians to
know if they are in imminent
of flooding.
Information on 140
Superfund sites, sites contaminated with highly
toxic materials, has been stamped
secret. The federal government does
not want Americans to
know if they are in imminent
of being poisoned by
toxic
chemicals.
"The
raft of lies
George W. Bush used to justify
the Iraq
war have made the nation particularly
suspicious of his assertions, which would lead one to
think he would try extra hard to allay
our fears; instead, he again urges
us to trust him. What has he done to
earn that trust?" - Christian
Breiding
"The American
Constitution specifically requires the
president to take an oath that he will "faithfully execute the office of
President of the United States, and will to the best of my ability, preserve,
protect and defend the Constitution of the
United States."
That is his job. If he rejects that
duty, he must be impeached.
George W. Bush uses
the purported threat of terrorism as
justification for tearing apart the Constitution.
This unchecked
abrogation of power to
George W. Bush is the
now faced by our
democracy.
Those vested with the
duty to resist must act urgently
to control this abuse." - John
Strain
"It is time to call the bluff of the
George W. Bush.
We are
not a nation at war.
The
so-called war on
terror has never been a war.
It is a threat from a wide variety of autonomous groups that hate us.
It is not a war, and we cannot
justify abandoning our laws to fight it.
There are other
threats,
equally
.
The founding fathers
knew about them and
created a
system of checks and
balances that
George W. Bush wants to
circumvent.
George Orwell
knew about these
threats too, and he wrote about a
civilization in which
governmental spying on
citizens and above-the-law
authoritarianism was the norm.
George W. Bush is taking us down
that road." - Bill Burnett
The annual financial costs attributable to the
national security classification
system reached a record high of $9.2
billion in 2005 according to a new report from the Information Security
Oversight Office.
"There's over 50 percent of the information that,
while it may meet the criteria for classification, really should not be
classified in terms of what we lose." - Information Security Oversight Office
director William Leonard at an August 24, 2004 hearing of the
House Government Reform
Committee.
"There is a need for classifying information, but
people cannot make intelligent decisions about our
government without
full information, and
controlling this information only
obscures our ability to do so." - Ralph Mitchell
secrecy under the Obama
administration
Douglas N. Letter, a justice department lawyer for
the Barack Hussein Obama II administration, surprised a panel of federal
appeals judges on February 9, 2009 by pressing ahead with an argument for
preserving state secrets to continue to shield those involved with rendition
and torture under the George W. Bush administration. Barack Hussein Obama II
ran on a platform that would reform the abuse of state secrets, but his Justice
Department has reneged on that important civil liberties issue.
Douglas
N. Letter urged the judges to pore over the classified "secret" information,
and predicted "you will understand precisely, as Judge Ware did, why this case
can't be litigated." (The lower court judge, James Ware, allowed the invocation
of the state secrets privilege.)
The Barack Hussein Obama II's
administration is following in the footsteps of previous administrations. The
federal government mindset remains the same, that the revealing of past crimes
committed by top federal government officials would only enlarge the "crisis of
confidence" in the federal government. (Imagine that!)
Executive Order 12,958 "The present
standards for classifying and declassifying information were last amended in
March, 2003.
Under these current standards, the President, Vice
President, agency heads, and any other officials designated by the President
may classify information upon a determination that the unauthorized disclosure
of such information could reasonably be expected to damage national
security. Such information must be
owned by, produced by, or under the control of the federal
government, and must concern one of
the following:
- military
plans, weapons systems, or operations;
- foreign government information;
- intelligence activities,
intelligence sources/methods, cryptology;
-
scientific,
technological, or
economic matters relating to national
security;
- federal programs
for safeguarding nuclear materials or facilities;
- vulnerabilities or
capabilities of national security
systems;
- weapons of mass destruction.
Information is
classified at one of three levels based on the amount of
that its unauthorized disclosure
could reasonably be expected to cause to
national security.
Information is classified as "Top Secret" if its unauthorized
disclosure could reasonably be expected to
cause "exceptionally grave damage" to national
security.
The standard for
"Secret" information is "serious damage" to national
security, while for "confidential"
information the standard is "damage" to national
security.
Significantly, for
each level, the original classifying officer must identify or describe the
specific potentially presented by the
information's disclosure.
The officer who originally classifies the
information establishes a date for declassification based upon the
expected duration of the information's
sensitivity.
If the office cannot set an earlier declassification date,
then the information must be marked for declassification in 10 years' time or
25 years, depending on the sensitivity of the information.
The deadline
for declassification can be extended if the threat to national
security still
exists."
Anything related to physical
military operations should be kept
secret.
Executive Order 12,958 covers the
military problem quite well but goes
too far by allowing any information that involves ‘scientific,
technological, or
economic matters relating to national
security' to be classified.
It could be argued that any and all information relates to one of these
three categories ‘scientific,
technological, or
economic' and can be withheld - especially
if national security includes
profitability.
Scientific,
technological, or
economic matters that relate to
oil,
gas,
energy,
hedge funds,
leveraged buyouts,
money management,
government bonds,
insurance,
banking,
publishing,
broadcasting,
consumer products,
chemicals,
telecommunications,
outsourcing,
drugs,
medical products and
information services
could each be connected to national
security.
Especially if
national security was defined in
terms of protecting corporate
hegemony.
Military and intelligence operations
that are based on propaganda efforts
can be classified. This means that we
can never know whether or not the
government is actually telling us the
truth as all an officer has to do is
proclaim that it is in the best interests of the
government to conceal
knowledge.
As we have seen in
multiple circumstances the federal government is willing to lie to the
American people by using
propaganda for
political reasons.
"If it is true that no one can find
White House advisor Karl Rove's
deleted e-mails, it does not say much for the president's domestic spying
capability to keep track of terrorist communications." - Edward Saade
how to bury a secret
At the stroke of midnight on December 31, 2006
the paradigm of secrecy shifted
in the government secrecy system.
The days when secrets would be secret
forever officially ended that night.
Some 400 million formerly classified pages at the
National Archives, another
270 million at the FBI, 30 million elsewhere, all emerging into the sunshine of
open government. Some 700 million pages of secret documents became unsecret.
This would seem a victory for freedom of information, just as President
Bill Clinton envisioned when he signed Executive Order 12958 in 1995 (affirmed
by President Bush in 2003), which mandated that 25-year-old documents be
automatically declassified unless exempted for national security or other
reasons.
There is a dirty little secret about these
secrets. Fifty archivists can process 40 million pages in a year,
but now they are facing 400 million.
The backlog, inside the
National Archives II
facility in College Park, measures 160,000 cubic feet inside a massive
classified vault with special lighting and climate controls to preserve old
paper. Row upon row of electronically operated steel shelves hold hundreds of
thousands of document boxes buffered to fight destructive acidity.
Inside the boxes are documents that have to be scrutinized and
processed according to the classification instructions written on them by
staffers in any one of several agencies, which leaves archivists with a task
not unlike deciphering a 25-year-old crime scene.
"It's like 'CSI,'
only it's in records," says Neil Carmichael, the supervisory archivist. "You
never know what you're going to get."
The
work, says Jeanne Schauble, is "esoteric,"
all about arcane rules and layers of document review. She holds the rather
Orwellian title of director of the Initial Processing and Declassification
Division at the National
Archives, which means she leads the beleaguered team of archivists faced
with the task of making open government real.
Not only are archivists
overwhelmed by the number of documents that have arrived at the facility; they
also face the strange mumbo jumbo of competing declassification instructions
from various agencies.
To solve this problem, a National
Declassification Initiative has been established so that agencies can sort out
their equity issues together, around the same table, at the same time, and
perhaps prevent embarrassments such as occurred last year when previously
public information was
reclassified.
The archivists spend their days poring over these
papers, straining their eyes, kinking their necks and knowing that a lot of
those classified documents never needed to be classified in the first place.
In the secrecy system, over-classification is rampant.
On that
point, people in and out of government agree.
The 9/11 Commission
Report decried the level of government secrecy as a national security obstacle.
A Defense Department official testified before Congress in August 2004
that perhaps 50 percent of classified documents did not need that designation.
Leaks and unauthorized disclosure of classified information are bad,
"but the flip side is equally damaging, and that is the over-classification of
information," says J. William Leonard, director of the Information Security
Oversight Office, which reports to both the
National Archives as well
as the White House.
-
adapted from Lynne Duke
arcani
imperiiCentral to the global right to information movement is the
presumption that information held by government should be publicly available
unless government officials can make a
good case that legitimate interests –
perhaps the public
interest in preserving national security or the need to protect another
citizen's privacy – would be harmed by releasing that information.
Many people believe that the
right to information, the right to know
and the presumption of openness is a basic principle of democratic
governance. Unfortunately, access to
information has always been closely tied the distribution of
political power.
The
political
philosopher Jean Bodin
revived the term used by the
Roman historian Tacitus to describe the "secrets of
imperial
policy" that had to be protected against
prying: the arcana imperii. Following Tacitus, Jean Bodin and
other supporters of absolutist
rule argue that the ability to maintain
the integrity of the state will be undercut if arcana imperii is not protected.
Revolutions in England
(in 1688) and France (in 1789) led to an abandonment of the absolutist
conception of state secrecy. The right to
free speech was gradually entrenched,
legislatures improved their capacity to monitor taxing and spending, and the
process of lawmaking was itself opened to
public scrutiny. In 1803
that the British House of Commons acknowledged the right of the press to sit in
the public gallery and
record its debates; the Hansard, the daily record of British parliamentary
debates, begin publication in 1829.
The drafters of the
Constitution of the United States of
America emphasized the need for open lawmaking by requiring publication of
a "regular statement of account of
the receipts and expenditures of all public money," as well as a journal of
Congressional proceedings. In 1789, these matters could not be taken for
granted.
By the end of the nineteenth
century, Western democracies had achieved what might be called a level of basic
transparency.
The
rule of law was established, the process of lawmaking
was open to public view,
and the right to speak freely about government affairs was protected. This
was a great achievement, but it was very far from a repudiation of the
presumption of official secrecy.
Within the bowels of the
government, secrecy is still very much
the rule.
The concept of
the "official secret" is the specific invention of
government and nothing is so
fanatically defended as the
"official secret."
Every government seeks to keep
knowledge and intentions secret to
shield it's actions from critical examination.
Government naturally welcomes a poorly
informed populace in so far as ignorance agrees with the
government's interests of concealing
knowledge and intentions behind the
veil of the "official secret."
federal grand juries
"Arnold Burns, former United States deputy attorney
general, has said that federal grand juries can be used as a "vicious tool."
They can be used to violate Constitutional rights and basic standards of
fairness, while all records are secret forever. We should at least unseal
records after 10 years so that abuses can come to
light." - Elaine Fleeman
secret law"The law in this country includes not just statutes
and regulations, which the public can readily access, it also includes binding
legal interpretations made by
courts and the executive branch. These interpretations are increasingly
being withheld from the public and Congress.
The most notorious example
recently released is the 2003 Justice Department memorandum on torture written
by John Yoo. The memorandum was, for a nine-month period in 2003, the law that
the administration followed when it came to matters of torture.
That
law was essentially a declaration that the administration could ignore the laws
passed by Congress. The content of the memo was deeply troubling, but just as
troubling was the fact that this legal opinion was classified and its content
kept secret for years. As we now know, the memo should never have been
classified because it contains no information that could compromise national
security if released.
The memos on torture policy that have been
released or leaked hint at a much bigger body of law about which we know
virtually nothing.
The code of secrecy also extends to yet another body
of law: changes to executive orders.
The administration takes the
position that a president can "waive" or "modify" a published executive order
without any public notice - simply by not following it. It's every president's
prerogative to change an executive order, but doing so without public notice
works a secret change in the law. Because the published order stays on the
books, Congress and the public have no idea that it's no longer in effect.
Keeping the law secret doesn't enhance national security, but it does give the
government free rein to operate without oversight or accountability." - Senator
Russ Feingold
whistleblowers"Army Corps of Engineers
officials did not violate any rules when they allowed defective pumps to be
installed after Hurricane Katrina, according to a report by the Defense
Department's inspector general. The report's findings will be reviewed by the
United States Office of Special Counsel, an independent federal agency that
handles complaints by whistleblowers including a corps engineer who warned in
early 2006 that the pumps would not work properly." - Cain Burdeau 6/13/2008
In early 2006 a $33 million contract was awarded to Moving Water
Industries Corporation. Army Corps of Engineers officials in New Orleans
installed MWI's 34 pumps on three major drainage canals before the 2006
hurricane season despite a warning by Maria Garzino, the whistleblower, that
the pumps would fail if put to the test during a hurricane.
MWI is
owned by J. David Eller and his sons. J. David Eller was once a business
partner of former Florida Gov. Jeb Bush in a venture called Bush-El that
marketed MWI pumps.
In July 2008 it was revealed that over 900 cases
made by whistleblowers alleging that government contractors and drug makers
have defrauded taxpayers are languishing in a backlog that has built up over
the last decade because the Justice Department has been ordered to ignore them.
Many of the cases involve the wars in Iraq and Afghanistan, rising healthcare
payouts and privatization of government functions - all offer rich new
opportunities to swindle taxpayers.
A
democratic republic is doomed if moneyed powers are able to flaunt the law.
There is a push to outlaw whistleblowers as whistleblowers put a crimp on
illegal activities which enriches the
syndicate of the soulless. Therefore it is necessary for each and every
citizen to stand up and demand accountably. After all - what good are laws if
they are designed to be circumvented by
a small powerful elite of
soulless individuals.
The United States Labor Department has only "ruled in
favor of [corporate] whistleblowers 17 times out of 1,273 complaints filed
since 2002," and has dismissed 841 cases. Many of the dismissals were based "on
the technicality that workers at corporate subsidiaries aren't covered" by the
Sarbanes-Oxley Act.
"My name is Fred Whitehurst and my life's work is
dangerously close to being destroyed. I am a former FBI Supervisory Special
Agent who blew the whistle in 1993 on forensic fraud in the FBI crime lab. I
was looking forward to seeing President Obama and Congress fulfill their
promise to strengthen whistleblower rights. I was horrified to discover that
the Senate whistleblower bill S. 372 repeals the FBI whistleblower protections
that I sacrificed my career for. I am not only a whistleblower, I am also an
attorney who personally read the law and can tell you that S. 372 sets back
whistleblower rights 30 years." - Fred Whitehurst
The cost of implementing the national security
classification system in government and industry reached an all-time high of
$9.91 billion last year, according to the latest annual report from the
Information Security Oversight Office.
http://www.fas.org/sgp/isoo/2007rpt.pdf
The 2007 classification cost figure, which includes physical security,
computer security and other aspects of classified information security, was a
4.6 percent increase over the year before and is the highest amount ever
reported by the Information Security Oversight Office.
On September 15, 2009 Director of National Intelligence Admiral
Dennis C. Blair, disclosed that the current annual budget for the 16 agency
U.S. "Intelligence Community" (IC) is $75 billion and employs some 200,000
operatives world-wide, including private contractors.
Admiral Blair is
seeking to break down "this old distinction between military and nonmilitary
intelligence," stating that the "traditional fault line" separating secretive
military programs from overall intelligence activities "is no longer relevant."
Everyone is a possible enemy of the State!
Domestic enemy watchlists
can be accessed by law enforcement personel through the Homeland Security Data
Network or the Secret Internet Protocol Router Network (SIPRNet) at a fusion
center near you! {Fusion centers are lucrative cash cows for
enterprising security grifters. Wikileaks investigations editor Julian Assange
described the revolving-door that exists among Pentagon spy agencies and the
private security firms who reap millions by placing interrogators and analysts
inside fusion centers.}
By breaking down the "traditional fault
line" that prohibits the military from engaging in civilian policing another
step has been taken down the dark road of tyranny - the continuing
militarization of American social culture at the behest of the
corporate-military-industrial-entertainment complex.
The enemy is no
longer the traditional enemy soldier but is anyone that does not see the
controlling criminal corporate elite as saviors but as
tyrants! |
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contents
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This website defines a new religious
ideology to which its author adheres. The author feels that the falsification
of reality outside personal experience has created a populace unable to discern
propaganda from reality and that this has been done purposefully by an
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