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CIA Resists Disclosure of Records on Detention
WASHINGTON - The Central Intelligence Agency is refusing to make public hundreds of pages of internal documents about the agency's defunct detention and interrogation program, saying such disclosures would jeopardize national security by revealing classified intelligence sources and operations.
The C.I.A.'s argument to withhold the material, laid out Monday in a declaration to a federal court in New York, comes a week after the Obama administration declassified documents about abuses in the C.I.A.'s secret overseas prisons and the Justice Department began investigating the actions of C.I.A. operatives.
Among the documents the agency is trying to keep classified are President George W. Bush's September 2001 authorization for the C.I.A. to begin secretly holding terrorism suspects; cables between C.I.A. officers in the secret prisons, known as black sites, and their bosses in Washington; and assessments by C.I.A. lawyers about the legality of the detention program.
The C.I.A.'s 33-page court declaration, made public on Tuesday, said that releasing C.I.A. interrogation procedures "is reasonably likely to degrade the U.S.G.'s ability to effectively question terrorist detainees and elicit information necessary to protect the American people." (The abbreviation "U.S.G." refers to the United States government.)
"These interrogation methods are integral to the U.S.G.'s interrogation program" and are therefore considered top secret, said the C.I.A. declaration, written by Wendy M. Hilton, an officer in the agency's clandestine service who reviews documents for public release.
President Obama signed an executive order on Jan. 22 banning the harsh interrogation methods used by the C.I.A. during the Bush administration. The procedures, called "enhanced interrogation techniques" by the C.I.A., included waterboarding and "wall slamming."
Paul Gimigliano, a C.I.A. spokesman, said that the reference in Ms. Hilton's declaration was to questions that were asked of detainees "and the procedures used to ask them, not to enhanced interrogation techniques, which are no longer employed."
Lawyers at the American Civil Liberties Union, which sued the government in 2003 for release of the detention documents, said the C.I.A.'s declaration undercut the Obama administration's pledges of greater transparency.
"There's really no distance at all between this declaration and the declarations the C.I.A. was filing during the Bush administration," said Jameel Jaffer, an A.C.L.U. lawyer.
Mr. Jaffer said the A.C.L.U. would petition the judge in the case, Alvin K. Hellerstein of Federal District Court, to get the documents declassified.
Last week, Attorney General Eric H. Holder Jr. appointed a federal prosecutor to investigate abuses enumerated in a 2004 report by the C.I.A.'s inspector general, including a number of cases involving the deaths of detainees in C.I.A. custody.
The decision brought a stinging rebuke from some Republicans, including former Vice President Dick Cheney, who contended that the abuse cases had already been investigated and that Mr. Holder had appointed a prosecutor to placate liberals.
"It's clearly a political move," said Mr. Cheney, appearing on "Fox News Sunday." "I mean, there's no other rationale for why they're doing this."
The C.I.A. declaration is similar to a court filing in June by Leon E. Panetta, the agency's director. For months, Mr. Panetta had been urging the Obama administration not to reveal classified operational details about the program, and in July he sent the C.I.A.'s top lawyer to the Justice Department to try to persuade Mr. Holder's aides not to begin a criminal investigation into the detention program.
Although Mr. Obama banned the C.I.A. interrogation methods and Mr. Panetta later ordered that the secret prisons be closed, the agency has sought to protect some still-classified aspects of the program, including the exact locations of the prisons and the help that the C.I.A. received from foreign spy services.
According to the C.I.A. declaration, the agency put these classified details into a top secret program "to enhance protection from unauthorized disclosure."

15 Comments so far
Show All-" assessments by C.I.A. lawyers about the legality of the detention program"
yeah, you gota keep those secret, right, otherwise terrorist groups could drop those legal justifications from hot air balloons, causing widespread deaths from laughter.
The legal department of the US Government is now fighting for their spook-clad life. The Cheney-lies are burning down the CIA. What are you going to do about it?
They are sitting on a big secret which is no secret if people just look around. We're inches from martial law being declared and that is what they are waiting for so these investigations don't worry them at all.
How will it be declared? By Sibelius declaring a "a pandemic emergency." There's no criteria for it at all. But "emergency" (pandemic or otherwise but they are banking on the pandemic) is the trigger switch set by Bush/Cheney in the presidentail directives and orders they left. People have seen all the insane hype but who's wondered what it was REALLY about?
It's the CHENEY PLAN he wouldn't tell the intelligence committees. PANDEMIC = Cheney. The detention camps people need to be asking about are FEMA camps. Most of their budget is black ops. Is that why Obama wouldn't defund Blackwater? Are they are hired to run those camps under martial law?
If americans knew how many people the CIA "disappeared" they might have to look at their government differently and we can't have that.
Congress is voter bound to cut off the CIA's money supply.
This being Too Evil to Bail must stop.
This really is old news.
Here's older news about to come alive unless we expose that Cheney's plan is the pandemic - a way into martial law.
Everything about this pandemic was planned under Bush and Cheney.
National Security and Homeland Security Presidential Directive: address continuity of government in the event of a "catastrophic emergency" disrupting the U.S. population, economy, environment, infrastructure and government policy. *Note: Presidential Directives are often classified and are not numbered among executive orders.
Details http://en.wikipedia.org/wiki/National_Security_and_Homeland_Security_Presidential_Directive
The presidential directive says that, when the president considers an emergency to have occurred, an "Enduring Constitutional Government" comprising "a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President," will take the place of the nation's regular government, presumably without the oversight of Congress.
The directive, created by the president, claims that the president has the power to declare a catastrophic emergency. It does not specify who has the power to declare the emergency over.
The directive further says that, in the case of such an emergency, the new position of "National Continuity Coordinator" would be filled by the assistant to the president for Homeland Security and Counterterrorism.
The directive also specifies that a "Continuity Policy Coordination Committee", to be chaired by a senior director of the Homeland Security Council staff, and selected by the National Continuity Coordinator, shall be "the main day-to-day forum for such policy coordination".
Why can't Obama fire Panetta for insubordination, and replace him with someone like Ray McGovern? Or, is it all just a big charade?
It's a charade. Obama has not cut funding for Blackwater, wants to take control of the internet, is putting more and more military on the ground here, is still using his DOJ to go after Seiligman, and has not gotten rid of a single one of Bush/Cheney's presidential orders that are fascist.
If they claim 'disclosure will harm national security,'
then merely assume the exact, opposite conclusion.
This is their tired, old smokescreen---'We can't jeopardize national security, we just can't do that....' --
Pull up your boots --they're shoveling the Bulls**t again [and again, and again.]
It's the CIA--HELLO!! Their paid to deceive everyone--HELLO!!
Whatever they say is a bald-face-lie---Just routinely assume the opposite fact, and you will get the truth.
Cheney is a pathological liar, HELLO!!---we know this, we know his phony-ass. He has a perfect record of 8+ years of lying to the US people.
This country has seen some strange stuff over these last 9 years--we watched our electoral process altered by the supreme court--we have seen our people slaughtered by God knows who???--we have witness the madness of preempted murder and theft of other nation's peoples and wealth--been lied to so many times by the 4th estate that many don't even bother to know what's going on anymore--we've been made so poor that we are not only afraid of terrorists, but also ending up homeless, or dying of sickness 'cause we can't afford to pay the high cost of health-care. So I ask you my fellow Americans, Isn't it time to take back our country--join me in a national strike on the 1st week in October as we march on Washington to set this nation free of the tyranny that has seized our great country--we have nothing left to loose, but have our freedom and dignity to gain--it's now or never--LET'S ROLL--show the world that we are not going to take it any more.
Bring America Back !!!!
****How great. NOt only does this Nation permit pre-emptive wars, and allow leaders and followers to commit war crimes, but We the Sheeple then allow them to destroy and withhold the evidence of the war crimes !!
**Ahhhh, what a wonderful country it 'tis !!!
Jim Shea
Let's face facts! The CIA is the President's secret army, and it is accountable to no one but him. Congress is supposed to have oversight, but they have resolutely refused to exercise their mandate in any realistic way.
Whenever something about the CIA or Covert Operations is revealed, they claim "oh, we don't do that anymore".
Assassinations of foreign leaders ? Oh, you found out about that, OK, we don't do that anymore.
Electrocute testicles ? Oh, OK, we didn't realize those new phones had cameras. We don't do that anymore.
Waterboarding ? Uh, it's really not that bad, we do it gently, with doctors present, not like when the Nazi's were doing it to our boys; and, we don't do that anymore.
Raping little Iraqi boys in front of their mothers ? Hey, I thought we killed that guy and destroyed those videos... that definitely never happened, plus we don't do that anymore.
The louder they howl---that's where you want to go.
First they would haul in trash detainees for cover, then they would go after those who helped the perps, then those who knew who helped the perps,etc.
Lots of that went thru Vaders shreder, but some may still have personal notes... Give cover to whistle-blowers.