Today’s Must ReadWhatever fellow said “ask and you shall receive” never tried to get anything out of the Bush administration.
More than six years after the administration initiated its now infamous battery of policies to fight the global war on terror, there is still a pitched battle over whether certain details can be released. Just earlier this month, there were new revelations about the involvement of senior administration officials in crafting the CIA’s interrogation program, and the release of John Yoo’s 2003 memo authorizing the military’s use of torture shocked even those who didn’t think they could be shocked any more.
The latest: Amnesty International USA, the Center for Constitutional Rights, and the International Human Rights Clinic at NYU School of Law teamed up to press in a lawsuit for the release of documents related to the administration’s programs of secret detentions, renditions, and torture. Now the CIA has replied that it has 7,000 responsive documents that it won’t be turning over. Among them:
Nineteen of those documents were withheld from disclosure specifically because the Bush administration decided they are covered by a “presidential communications privilege,” according to the filings, made in federal court in Manhattan. Some were “authored or solicited and received by the President’s senior advisors in connection with a decision, or potential decision, to be made by the president.”
Although the precise content of the documents is unknown, the agency’s statements illustrate the extent to which senior White House officials were involved in decision-making on CIA detentions, interrogations, and renditions, a term for forced transfers of prisoners.
Among the protected documents are “dozens” of communications between the CIA and the Justice Department’s Office of Legal Counsel, John Yoo’s old shop, otherwise known as the place where a fellow can get himself an “advance pardon.” The CIA refuses to turn those documents over, but it’s candid about what they were all about:
“The CIA’s purpose in requesting advice from OLC was the very likely prospect of criminal, civil, or administrative litigation against the CIA and CIA personnel who participate in the Program,” said a declaration from Ralph S. DiMaio, information review officer for the CIA’s clandestine service. He added that the CIA considered such proceedings “to be virtually inevitable.”
You can see the few documents that the groups were able to get from the CIA here.
