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Federal judge faults Bush administration for excessive secrecy

By The Associated Press
09.06.07

WASHINGTON — A U.S. judge scolded the Bush administration yesterday for responding with sometimes blanket secrecy to a request for documents on its warrantless-wiretapping program.

Privacy groups and civil rights organizations sued the Justice Department last year, demanding it release documents under the Freedom of Information Act. The government refused to release most of the records, arguing that such a move could jeopardize national security and undermine terrorism investigations.

But U.S. District Judge Henry H. Kennedy Jr. said that reasoning is not good enough.

"While the court is certainly sensitive to the government's need to protect classified information and its deliberative processes, essentially declaring 'because we say so' is an inadequate" defense, Kennedy wrote in EPIC v. Department of Justice.

Kennedy sided with the Electronic Privacy Information Center and the American Civil Liberties Union about some of the documents, saying those should be turned over to the groups. As to other records, Kennedy agreed with the Justice Department that they should not be turned over, either because they were classified or because they were drafts of documents not covered by public records laws.

In other instances, Kennedy found that the Justice Department must release a list of its documents and explain why each cannot be released. Kennedy had particularly strong words for the FBI, whose response he called "wholly inadequate."

The Federal Bureau of Investigation, Kennedy wrote, has not explained what type of documents were being withheld, how many records it had and why each document is exempt from public records laws.

"Instead, FBI relies on vague, broad, wholesale claims of exempt status," Kennedy wrote.


Update
Justice Dept. ordered to disclose warrantless-wiretapping memos
Federal judge says he will review documents in private to determine if any info can be released publicly without violating attorney-client privilege or jeopardizing national security. 11.03.08

Previous
Federal judge orders eavesdropping documents released
Court sets 20-day deadline; meanwhile, GOP senator says White House has agreed to consider legislation, provide more information to Congress on spying program. 02.17.06

Related

Secrecy may be spy program's defense, Justice Dept. says

Official says unless government decides to release information about its warrantless wiretaps, questions about program's constitutionality may never be answered. 08.14.07

Government asks 9th Circuit to dismiss eavesdropping suits

Judges raise concerns about government's seemingly unchecked authority to wiretap terrorist suspects with little judicial oversight. 08.16.07

White House seeks more time to answer wiretapping subpoenas
Senate Judiciary chairman threatens to hold key Bush officials in contempt for not producing information about legal justification for eavesdropping program. 08.21.07

Attorney general orders review of state-secrets claims
But even as officials promise thorough assessment, government lawyers continue to invoke privilege in 9th Circuit case involving CIA's rendition program. 02.10.09

Too much secrecy is also a threat
By Gene Policinski Keeping some government information under wraps may protect us in some ways, but it also leaves us vulnerable to hidden problems we should know about. 09.09.07

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