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National Security Inspectors General Release Critique of Warrantless Surveillance Program

News release: Today’s release of a report by several agency inspectors general reinforces the National Security Archive’s argument in our Freedom of Information Act lawsuit that the Justice Department should declassify and release the legal justifications for the surveillance program authorized by President Bush after the terrorist attacks of September 11, 2001. The new report from the inspectors general of the Department of Defense, Department of Justice, Central Intelligence Agency, National Security Agency, and Office of the Director of National Intelligence, criticizes the OLC memoranda that were used to justify warrantless surveillance of US citizens, several of which remain secret and are subject to the Archive’s lawsuit. The IGs state that there were “deficiencies” in the OLC memos, drafted by Deputy Assistant Attorney General John Yoo, and that the memos “raise[d] serious concerns” at DOJ because they omitted analysis of key cases and legal provisions and were not subject to the ordinary “rigorous peer review process.”

  • See also New York Times, Cheney Is Linked to Concealment of C.I.A. Project: “The Central Intelligence Agency withheld information about a secret counterterrorism program from Congress for eight years on direct orders from former Vice President Dick Cheney, the agency’s director, Leon E. Panetta, has told the Senate and House intelligence committees, two people with direct knowledge of the matter said Saturday…The disclosure about Mr. Cheney’s role in the unidentified C.I.A. program comes a day after an inspector general’s report underscored the central role of the former vice president’s office in restricting to a small circle of officials knowledge of the National Security Agency’s program of eavesdropping without warrants, a degree of secrecy that the report concluded had hurt the effectiveness of the counterterrorism surveillance effort.”
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