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***********************************************************************
NCH WASHINGTON UPDATE (Vol. 12, #9; 24 February 2006)
by Bruce Craig (editor)
NATIONAL COALITION FOR HISTORY (NCH)
Website at: http://www.h-net.org/~nch/
***********************************************************************

1.  A HOME RUN FOR HISTORIANS AND OPENNESS ADVOCATES IN EXPOSING A
GOVERNMENT RECLASSIFICATION EFFORT
2.  BUSH ADMINISTRATION ASSERTS RIGHT TO PROSECUTE THOSE WHO POSSESS 
SECRET
FILES
3.  TOM WOLFE TO DELIVER 35th ANNUAL JEFFERSON LECTURE
4.  HISTORIAN /SOCIAL CRITIC THEODORE DRAPER DIES
5.  BITS AND BYTES: &quot;Information is Power&quot; Article Follow-up
6.  ARTICLES OF INTEREST: &quot;Should Historians and Librarians Be Worried
About Prosecution Under the Espionage Act?&quot; Steven Aftergood  (Secrecy 
News)


1. A HOME RUN FOR HISTORIANS AND OPENNESS ADVOCATES IN EXPOSING A
GOVERNMENT RECLASSIFICATION EFFORT
On 21 February 2006, a front -page story in the New York Times
(&lt;http://nytimes.com/2006/02/21/politics/21reclassify.html&gt;) reported 
that
for nine years the CIA, U.S. military and intelligence and other 
federal
agencies have secretly withdrawn from public access and at times
reclassified over 55,000 pages of records taken from the open shelves 
at
the National Archives and Records Administration (NARA). NARA quickly
responded to the story and a request for the agency to conduct an 
immediate
investigation that had been made late last week on behalf of 
independent
historian Matthew Aid by the National Security Archive (NSA) in 
conjunction
with the National Coalition for History, Public Citizen Litigation 
Group,
and the Society for Historians of American Foreign Relations.

In the letter (see document #3 in the NSA report link cited below) 
raising
concerns that was sent late last week to NARA and copied to various
Congressional oversight committees, the petitioners collectively 
requested
that the Information Security Oversight Office (ISOO) conduct an audit 
of
the reclassification effort and publicly report on its findings. After 
ISOO
chief William Leonard sampled some of the 55 documents provided by the
historian Aid Leonard concluded that at least16 of them he in his 
opinion
were improperly being withheld.  Consequently, he authorized the audit
investigation. Representative Christopher Shays (R-CT) also announced 
that,
in part because of the concerns raised by scholars, his House 
Government
Reform Subcommittee on National Security will hold a hearing on
classification policy on 14 March.

In late January, Matthew Aid, an independent historian who is currently 
a
visiting fellow at the National Security Archive, and representatives 
of
several historical and government openness organizations met with NARA
officials to discuss an ongoing reclassification program that Aid had
discovered through his wide-ranging research in intelligence, military, 
and
diplomatic records at NARA. Aid had discovered that the CIA and 
military
agencies had reviewed millions of pages, at an unknown cost to 
taxpayers,
in order to sequester documents from collections that had been open for
years, but that the agency felt had been improperly released.  Aid's
discoveries confirmed what Steven Aftergood, editor of the Federation 
of
American Scientists' &quot;Secrecy News&quot; had long suspected was going on -  
In a
Slate magazine article published in March 2005
&lt;http://www.slate.com/id/2114963/&gt;) Aftergood wrote that he believed 
that
&quot;in the late 1990s government agencies took to scrubbing public records 
at
the National Archives and elsewhere, pulling untold thousands of public
records for 'review' and possible reclassification.&quot; At the time, 
however,
a NARA official challenged the accuracy of Aftergood's claim. According 
to
informed sources, the reclassification activity began as Aftergood had
contended -- late in  the 1990s -- but its scope widened during the 
Bush
administration and the survey of records is scheduled to continue until 
2007.

During the January meeting, NARA officials were informed that many of 
the
documents Aid found missing from NARA' s holdings were in excess of 50
years old.  Amazingly, some of the CIA impounded documents already have
been published in the State Department's historical series, &quot;Foreign
Relations of the United States&quot; (FRUS).  According to Aid, other 
documents
(copies of which were provided to NARA) have appeared in microfilm sets
marketed by a private distributor, and still others have been 
declassified
elsewhere and, &quot;undoubtedly are in the research files of hundreds of
historians and scholars.&quot;  What should be a concern to every historian 
who
may possess some of these 55,000 documents is that under current law 
anyone
who possesses one or more of these documents, might be in technical
violation of the Espionage Act (see related story below).

As a result of the meeting, NARA officials agreed to look into the 
matter.
A formal letter from the meeting participants was sent late last Friday
requesting the audit and calling for a promise from NARA to return
documents to their rightful files and to develop better guidelines for
agencies to follow in the review of historical records.

After the New York Times story appeared, the National Security Archives
published a report that includes a sampling of the documents that Aid
discovered had been pulled from NARA's shelves (see
&lt;http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB179/&gt;). As readers can see,
these documents concern such innocuous matters as the State 
Department's
map and foreign periodicals procurement programs on behalf of the U.S.
intelligence community or State's open source intelligence research 
efforts
during 1948. Aid and others believe that some of the documents have
apparently been sequestered &quot;because they were embarrassing,&quot; such as a
complaint from the Director of Central Intelligence about the bad 
publicity
the CIA was receiving from its failure to predict anti-American riots 
in
Bogota, Colombia in 1948 or a report that the CIA and the rest of the 
U.S.
intelligence community badly botched their estimates as to whether or 
not
Communist China would intervene in the Korean War in the fall of
1950.  According to a press statement released by the National Security
Archives, &quot;It is difficult to imagine how the documents cited by Aid 
could
cause any harm to U.S. national security.&quot;

To justify the reclassification program, officials at CIA and military
agencies argue that during the implementation of Executive Order 12958,
President Clinton's program for bulk declassification of historical 
federal
records, many sensitive intelligence-related documents that remained
classified were inadvertently released to NARA, especially in State
Department files. Even though State Department History Office 
historians
who compile the FRUS volumes and other researchers had been combing 
through
and copying documents from those collections for years, CIA and other
agencies compelled NARA to grant them access to the open files so they
could reclassify documents.  According to NARA officials, the CIA was
alerted that many of the impounded documents had already been 
published,
but, the agency ignored these arguments and impounded the documents 
anyway.

The CIA contends that no documents have been &quot;reclassified&quot;; instead 
these
withdrawn records simply were never &quot;properly classified.&quot;  William
Leonard, director of ISOO, states that while this line of argument may 
be
technically correct, others would conclude that the reasoning seems
strained.  In his review of a sampling of documents provided by Aid,
Leonard concluded that sixteen of them should not be secret.

After the New York Times story appeared, NARA announced that an 
&quot;official
investigation into the matter was underway.&quot; According to the NARA
statement (&lt;http://www.fas.org/sgp/news/2006/02/nara022206.html&gt;), an 
audit
will be conducted by ISOO to determine the exact number of documents 
that
have been withdrawn, whether there is authorization and justification 
for
the withdrawal, and the appropriateness of the reclassification action. 
The
audit is expected to take approximately 60 days.  Archivist of the 
United
States Allen Weinstein also expressed concern when he stated,
&quot;Inappropriate declassification can subject our citizens, our 
democratic
institutions, our homeland security, and our interactions with foreign
nations to potential harm....The American people expect and deserve 
nothing
less and the National Archives is determined to fulfill its role in 
this
process.&quot;

According to historian Aid, &quot;Every blue ribbon panel that has studied 
the
performance of the U.S. defense establishment and intelligence 
community
since September 11, 2001 has emphasized the need for less secrecy and
greater transparency. This episode reveals an enduring culture of 
secrecy
in the U.S. government and highlights the need to establish measures
prohibiting future secret reclassification programs.&quot;


2.  BUSH ADMINISTRATION ASSERTS RIGHT TO PROSECUTE THOSE WHO POSSESS 
SECRET
FILES
Following up on the ramifications of the story posted above in terms of
historians and journalists who come into possession of classified
documents, on 30 January 2006 the Bush administration stated in a court
filing that journalists can be prosecuted under current espionage laws 
for
receiving and publishing classified information. &quot;There is plainly no
exemption in the statute for the press&quot; stated the Justice Department 
brief
that was filed in response to a motion to dismiss charges against two
former lobbyists for the American Israel Public Affairs Committee. The
lobbyists reportedly received classified information during 
conversations
they had with government officials, one of which told the two men that 
they
were receiving &quot;highly classified 'Agency stuff'&quot;. That official
subsequently pleaded guilty to violating the Espionage Act.

The government asserts in the brief that lobbyists &quot;have no First 
Amendment
right to willfully disclose national defense information.&quot; But the
government went on to say &quot;....we recognize that a prosecution under 
the
espionage laws of an actual member of the press for publishing 
classified
information leaked to it by a government source would raise legitimate 
and
serious issues and would not be undertaken lightly, indeed, the fact 
that
there has never been such a prosecution speaks for itself.&quot;  We now 
know
where lobbyists and journalists stand in the eyes of government
prosecutors, but how about historians and scholars such as Matthew Aid?


3.  TOM WOLFE TO DELIVER 35th ANNUAL JEFFERSON LECTURE
The National Endowment for the Humanities (NEH) has announced that
celebrated novelist, journalist, and chronicler of American society, 
Tom
Wolfe will deliver the 2006 Jefferson Lecture in the Humanities. The
Jefferson Lecture is the most prestigious honor the federal government
bestows for distinguished intellectual achievement in the humanities; 
the
lectureship carries a $10,000 honorarium.

Wolfe, who has a Ph.D. in American Studies from Yale University, is a
pioneer of the &quot;New Journalism&quot; and an astute observer of American 
manners
and mores. He has written nearly a dozen books, including &quot;The Right 
Stuff&quot;
which is about the U.S. space program and status competition among
pilots.  His most recent work of fiction &quot;I Am Charlotte Simmons&quot; 
(2004)
draws on the author's extensive observation of college life in the 
United
States.

According to NEH Chair Bruce Cole, &quot;Tom Wolfe has entertained and
enlightened readers with this meticulously researched commentary on the
American scene. His skill as a literary stylist has influenced our
language. He has documented our culture, and, through his journalism 
and
fiction, shaped the American identity.&quot;

According to Wolfe, his talk &quot;is going to be about 'the human beast'&quot; 
and
will reflect his longtime focus on &quot;status as a primary human 
motivation.&quot;

The Jefferson Lecture will be delivered on 10 May 2006 at 7 p.m. at the
Warner Theater in Washington D.C. Attendance at the lecture is free, 
though
by invitation. Those interested in receiving an invitation should call
(202) 606-8400 or send an e-mail message to: &lt;info@neh.gov&gt;.  
Additional
information about the NEH and a list of previous Jefferson Lecturers is
available online at: &lt;http://www.humanities.gov&gt;.


4.  SCHOLAR, HISTORIAN THEODORE DRAPER DIES
On 20 February 2006, Theodore Draper, who wrote prolifically about the
history of American communism, racism, and abuse of power died at age 
93 at
his home in Princeton, New Jersey.

Draper was born 11 September 1912 in Brooklyn, New York. He abandoned 
his
studies in history at Columbia University to join the Communist
Party.  Ultimately he completed a course of study in philosophy at 
Brooklyn
College.

In his writings, Draper frequently probed presidential authority and
conflicts within the Executive branch of government. He wrote a number 
of
books, many of which focused on the general theme of the lack of
accountability among political leaders -- his book on Iran-Contra 
titled &quot;A
Very Thin Line&quot; (1991) is perhaps the best known.  An earlier work, 
&quot;The
Roots of American Communism&quot; (1957) is considered a classic; in writing 
it
he drew upon his experience as foreign editor on the communist 
newspaper
New Masses.  Later in life Draper was affiliated with Princeton's 
Institute
for Advanced Study.  He was a regular contributor to a number of 
magazines.
His thoughtful and pithy essays in the New York Review of Books may be
found in the clipping files of many a scholar.


5.  BITS AND BYTES
Item #1 -- &quot;Information is Power&quot; Article Follow-up:  A follow-up item 
on
our last &quot;Article of the Week&quot; posting in which Terry Allen of &quot;In 
These
Times&quot; discussed the Bush Administration's effort to bar most public 
access
to birth and death certificates for 70 to 100 years (visit
&lt;http://www.inthesetimes.com/site/main/article/2488/&gt;). The federal
legislation that authorized this federal program was Section 1026 of 
the
National Intelligence Reform Act of 2004 which sets minimum standards 
for
birth certificates. Rules for implementing relevant provisions of the 
act
were posted for public comment in December 2005; final standards are
expected to be adopted by Spring 2006.


6.  ARTICLES OF INTEREST
One posting this week: In &quot;Should Historians and Librarians Be Worried
About Prosecution Under the Espionage Act?&quot; Steven Aftergood of the
Federation of American Scientists (Secrecy News; 23 February 2006)
discusses how the government's interpretation of the Espionage Act 
leads to
&quot;absurd conclusions.&quot; For the article go to:
http://hnn.us/roundup/entries/22139.html .


*********************************
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