The Military Censorship of Pictures

http://www.fas.org/sgp/eprint/photos.pdf

Subtitled: Photographs That Came Under the Ban During the World War and Why. Discusses the reasons for military censorship of photographs during World War I and offers examples of photos that were censored from public exposure. From the U.S. Army Combined Arms Center; posted by the Federation of American Scientists.

Policies and Procedures Governing Invocation of the State Secrets Privilege

http://www.usdoj.gov/opa/documents/state-secret-privilieges.pdf

Lays out policies and procedures to be followed by the Justice Department when called upon to defend an executive branch agency that refuses to disclose official information and uses the so-called state secrets privilege as the justification for nondisclosure. The new policy states that the privilege should be invoked only when disclosure would cause significant harm to national security. From the Justice Department.

Security Classification Policy and Procedure: E.O. 12958 As Amended

http://assets.opencrs.com/rpts/97-771_20090604.pdf

Examines the policies and documents by which the current official security classification program was created, how it was amended by the Bush administration, and the current review of policy ordered by the Obama administration. From the Congressional Research Service, posted by OpenCRS.org.

Unclassified Report on the President's Surveillance Program

http://www.fas.org/irp/eprint/psp.pdf

An unclassified version of a study of the presidential surveillance program following the 9/11 attacks. The study was carried out by the inspectors general of the Justice and Defense Departments and other intelligence agency IGs. Discusses the origin and development of the surveillance program and the legal questions and conflicts surrounding it. Concludes that the collection activities pursued under the program were unprecedented and that retention and use of the information collected by federal agencies should be carefully monitored. Posted by the Federation of American Scientists.

Sensitive Covert Action Notifications: Oversight Options for Congress

http://www.fas.org/sgp/crs/intel/R40691.pdf

Describes current statutory provisions which limit executive notification about especially sensitive intelligence matters to eight members of Congress, the legislative history of this provision, and the impact of such limited notification on congressional oversight. Also covers proposals for improving congressional oversight. From the Congressional Research Service, posted by the Federation of American Scientists.

Congressional Access to National Security Information: Precedents from the Washington Administration

http://www.fas.org/sgp/eprint/fisher3.pdf

Counters the argument, often used by representatives of the executive branch, that they have exclusive authority over national security information stemming from the refusal of the Washington Administration to share papers concerning the Jay Treaty with Congress. Argues that members of both houses of Congress regularly obtained national security documents during and after the Washington presidency. From the Law Library of Congress.

The State Secrets Privilege and Other Limits on Litigation Involving Classified Information

http://www.fas.org/sgp/crs/secrecy/R40603.pdf

Discusses the procedures that allow the federal government to resist court-ordered disclosure of information if there is a reasonable danger that the disclosure of the information would harm U.S. national security. Discusses the seminal U.S. v Reynolds case, the state secrets privilege in espionage and criminal litigation, and legislative modification of the state secrets privilege. From the Congressional Research Service, posted by the Federation of American Scientists.

Transparency and Open Government

http://www.fas.org/sgp/news/2009/05/opengov.pdf

Notice published in the Federal Register that solicits comments, ideas, and proposals from the public on how to promote increased openness and transparency in government. Includes such considerations as what government information should be more readily available online, how might the operations of government be made more transparent and accountable, what alternative models exist to increase citizen participation, and what are the limitations to transparency. From the Office of Science and Technology Policy, posted by the Federation of American Scientists.

Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presdidency of Georg

http://judiciary.house.gov/hearings/printers/111th/IPres090316.pdf

Final corrected version of a Democractic majority staff report on the abuses of power under the presidency of George W. Bush. Includes sections on politicization of the Justice Department, assaults on individual liberties, misuse of executive authority, retribution against critics, and government secrecy. Includes 50 policy recommendations for curbing presidential abuses. From the House Judiciary Committee.

Freedom of Information Act Memorandum

http://www.usdoj.gov/ag/foia-memo-march2009.pdf

Instructs federal agencies to adopt an assumption of openness with regard to requests for information from citizens. Agencies are told not to withhold information just because they may do so legally, and, if an agency determines that it cannot make full disclosure of the requested information, it must consider whether it can make partial disclosure. From the Justice Department.

The Missing Memos

http://www.propublica.org/special/missing-memos

Lists and provides some information about memos from the Office of Legal Counsel of the Justice Department during the Bush administration. The memos, most of which have not been made public, related to controversial policies on detentions, interrogations, and warrantless wiretapping. From Pro Publica.

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