Declassifying top secret stuff-Can someone answer this for me?

[carolinalady]

Earlier tonight I heard Dead-Eye claim that he has the right to declassify secret information during his "interview" with Mr. Humes. If this was discussed earlier, I appologize, but I was out doing very important PTA stuff. I have reviewed the executive order and can't find it. Does anyone know if this is crap or not? Thanks.

http://www.fas.org/sgp/clinton/eo12958.html

[noamnety]

1. Security Classification Guides

Just from my own experience as a security geek for the army: Every classified program had a Security Classification Guide (SCG) - they could be pages and pages long, 40, 50 pages, no problem.

Every conceivable thing about the program would be spelled out, with the item, the classification, the declass date, and sometimes examples for clarification. So an entry might read: Test Dates: Confidential, declassified upon completion of test.

It was a written guide. The signature was from a person with Original Classification Authority (OCA) - typically a general, for the army - but that wasn't something a general automatically had because of their position - they had to have OCA granted to them specifically. I would guess Cheney has that authority, of course.

If a general wanted to declassify something, it was a formal process, requiring updating the SCG. It wasn't something done on the fly with no documentation.

[carolinalady]

2. One of the older versions of the executive order from the 80's

said only by the President unless he appoints someone and it is placed in the Federal Register. I wonder if that still holds true?

[LiberalFighter]

13. EO 13292 --Further Amendment to Executive Order 12958

Further Amendment to Executive Order 12958 Dated Mar 25 2003 Wikipedia Source

Sec. 3.5. 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;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivists decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.

(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.

(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.

Executive Order 12958 as signed by William J Clinton on April 17, 1995

Sec. 3.6. Mandatory Declassification Review. (a) Except as provided in paragraph (b), below, 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 the Central Intelligence Agency Information Act; 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 requester's appeal rights.

(b) Information originated by:

(1) the incumbent President;

(2) the incumbent President's White House Staff;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a), above. However, the Archivist shall have the authority to review, downgrade, and declassify information of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist's decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Interagency Security Classification Appeals Panel. The information shall remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.

(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Interagency Security Classification Appeals Panel.

(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information, the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods, and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.

[Atman]

3. As I heard it explained last night on one talking head program...

NO ONE can just take it upon him/herself to just de-classify information. NO ONE. Not Dick Cheney, not George Bush, NO ONE. It is a documented process which must go through certain channels and be reviewed and signed off on by certain people.

Dick Cheney is lying, because he knew he was only on Fox News, and 1)they wouldn't question him, and 2)Fox's viewers are dumb enough to believe it, and parrot it at the water cooler.

[noamnety]

4. Yes and No

They can't just take it upon themselves, of course. But Cheney probably does have the authority, technically, to classify or declassify information - because that authority would have been given to him. He wouldn't have the authority to classify or declassify anything without the documentation, though.

When you say it has to be signed off on by certain people ... if he's an OCA, he would BE that person.

[Atman]

5. But he cannot do so without a review of some sort

I think that is what they said last night. He might be a part of the review, but the people/agency responsible for classifying the intel in the first place would have to concur, or at least be consulted, before it could be declassified. Again, I'm not speaking from any kind of authority on this one, and therefore could be plenty wrong! But that is how I recall it from last night. I think it was either Hardball or KO on which I saw this discussion.

[carolinalady]

6. found an interesting article in the Wall Street Journal-

<snip>
The vice president's authority to declassify is less clear. Some legal scholars believe that Mr. Cheney would share in the president's authority, as an elected official. Alternatively, the president could delegate his declassification authority to the vice president.

"The classification system is rooted for the most part not in statute but in executive order. ...In the case of the NIE, the White House was free to declassify it at a moment's notice," said Steven Aftergood, director of the project on government secrecy at the Federation of American Scientists, which favors increased public access to government information

<snip>

The implication from the disclosure that Mr. Libby had authority to discuss sensitive intelligence matters with the press "is that the White House -- the vice president -- has been using his declassification authority as a way to advance the administration's political agenda," said Mr. Aftergood. "In other words, information that supports the administration's position on Iraq or whatever is selectively declassified and other information is not. That's not a criminal offense, but it's kind of sleazy."

<snip>
Mr. Fitzgerald doesn't say in the court filings that Mr. Libby's superiors gave him permission to disclose Ms. Plame's identity. A 1982 federal law makes it illegal to intentionally blow the cover of a covert agent, potentially endangering the agent's life and those with whom the agent works. A spokesman for Mr. Fitzgerald declined comment.


http://online.wsj.com/public/article/SB113962394427971509-SxvKTMRwU5_LYrIOE3ZlhHfnkfw_20060313.html?mod=tff_article

[AndyTiedye]

7. Is The Cheney Going to Say He "Declassified" Plame & Her Org's Identities…

…while said organization was still out in the field (and without any warning that their cover was being blown).

Is he going to assert that because he has the power to "declassify", that that makes this OK?

Doesn't the process of declassification involve some substantial amount of paperwork? Where is it?

Even if he can make the case that he has the power to do such a thing legally,
HOW CAN HE JUSTIFY BLOWING THE OPERATION THAT WAS LOOKING FOR WEAPONS OF MASS DESTRUCTION???

Between that and the recent shooting, a case could be made for Cheney's removal on grounds of diminished capacity.
He is obviously in no condition to carry out the duties of his office.

[carolinalady]

8. I am no expert but I am pretty sure that even if he can declassify

sonme stuff, that is not one of them. I hope someone from Congress raises a flag over this.

[noamnety]

9. Yes, it would involve paperwork

If he declassifies an agent's identify and cover organization, the classification guide would have to be updated. I'd guess the guide(s) covering her would be addressed in two areas - one would maybe be a guide covering covert agents in general, the other would be the specific program she was working on.

So there might be a guide that says: the identity of undercover agents is classified ________ (TS, Secret, or Conf) until ________ (termination of employment? 20 years after their death? however it's written.) And I'm reasonably sure he wouldn't have changed that.


and then there was probably another guide covering the particular program she was working on, and everything involved in it. (contacts, the cover company, etc.)

If he just *poof* decided to declassify that, there should be an updated security classification guide that goes out to everyone read on to that program, so they all know the new guidelines. You can't just randomly declassify a portion at whim without communicating that to the worker bees. You would want to disseminate it down the ranks for two reasons - 1) so worker bees don't waste money and other resources continuing to protect something that doesn't require protection, and 2) so they clearly understand which parts remain classified.

Nobody "kinda sorta" declassifies something without documenting and disseminating that to those with a need to know. You don't secretly decide to make something no longer a secret.

disclaimer: I've coauthored a few class guides for black programs, though nothing related to undercover agents at all. So the process is second nature to me, but the details on how the CIA would specifically classify covert agents is supposition on my part.

[carolinalady]

10. So if everything that is declassified requires paperwork , then the

paperwork should not be classified, Fitz should have the right to demand it? (or anyone through FOIA)?

[noamnety]

12. with one exception

The classifications are:

Top Secret
Secret
Confidential
Unclassified

But within the unclassified category, there is For Official Use Only, which is not releasable to the public (though Fitz should get it, no problem.) That category includes things like Privacy Act information (employee's social security numbers or medical history, for example), or proprietary information (if a company bids on a contract, their bid - or their detailed plans for whatever equipment they're building - might contain proprietary information that would harm them if a competitor received it).

But yes, to the big question - I would think Fitz should get access to the revised classification guide, including the date it was revised, and receipts showing who down the chain received copies of the revision. (Any TS document would have a chain of receipts.) What would be interesting to see is that chain. If a class guide for the program was still in circulation that showed it remained classified after the initial leak, then we have a problem.

If portions of the program still remain classified, the public wouldn't be able to receive the full document through FOIA, but maybe the request could be for those portions of the new (and old) versions of the SCG that cover unclassified/declassified aspects of the program.

[neverforget]

11. His authority will probably come under "inherent authority" to do whatever

the fuck he pleases because he's king and his shit don't stink.

[htuttle]

14. If he truly has that power without oversight...

...why didn't he come out and take responsibility for the Plame outing long ago? Think of the trouble that would have been saved as far as the government's concerned -- no special prosecutor, no investigation, no grand jury. No Libby indicted on perjury charges.

And hey, if Cheney had the right to out Plame's identity, WHY did the CIA ask the Justice Dept. for an investigation of it? Didn't Cheney TELL the CIA he was 'declassifying' her cover (and that of Brewster Jennings)? Did he keep this from Bush the whole time? Bush acted like he didn't know who did it -- in fact, he said he'd fire whoever did it.

This smells. I don't think he's on as solid ground as he would like people to think on this. If so, the Plame scandal would never have gotten as far as it has.

[Tierra_y_Libertad]

15. Fortunately, we have a "transparant" government. Bwahahahahaha.

[Toots]

16. But I thought their whole argument was she was not covert

Nothing needed declassifying because it wasn't classified. Now we find out she was indeed covert and all of a sudden their story changes to Cheney can declassify anything so it is legal...They seem to write their own "Executive Orders" making anything they wish to do legal..