CIA Retreating Into Its Shell

Total Page:16

File Type:pdf, Size:1020Kb

CIA Retreating Into Its Shell Jack Anderson /roe.v.4 12 ad /2 f CIA Retreating Into Its Shell The ballyhooed and battered Central "We are not going to make the CIA be up shop in a tiny hotel room in Wash- Intelligence Agency, which has re- exposed any more than they have ington and proceeded to lambast the ceived more publicity than govern- been," snorted Lewis. colonels and their American apologists ment agencies that advertise, is quietly In point of fact, the government did at every opportunity. Pro-junta offi- pulling back into its shell. not accuse Snepp of revealing classi- cials in the Nixon administration The traffic in embarrassing secrets, fied information. He charged in his hated him so that they connived to known inside the agency as "the fam- book that the CIA had left behind in send him back to Greece to face cer- ily jewels," is being shut off. Even Vietnam not only computerized files tain torture and possible death. members of Congress, who are sup- of agents and collaborators but also Apparently, his persistent criticism posed to review CIA secrets, have com- many of the unfortunate collaborators also incurred the wrath of the CIA. plained privately that the intelligence themselves. The files were captured in- Twice last year, unfavorable allega- agencies are holding hack. tact by the North Vietnamese. tions about him appeared in print. In Senate Minority Leader Howard H. Thus it was Snepp accusing the CIA both instances, the charges were attri- Baker Jr. (R-Tenn.) complained voci- of violating security and jeopardizing buted to CIA records. ferously at a closed White House meet- lives, not the other way around. Yet Demetracopoulos told us: "These al- ing that it had taken him two years to Lewis ruled, in effect, that the CIA had legations are fabrications used for a get some sensitive information out of the right to conceal its carelessness. long time by the CIA to discredit me, the CIA. Grumped another insider: Meanwhile, CIA defector Philip and they are refuted by CIA docu- "The CIA is never easy to work with, Agee, working with known communist ments in my possession." He showed us the FBI is interested in covering their agents, has appealed to disgruntled the documents to back up his state- butts and the NSA [National Security CIA employes to send him "leads, tips, ment. Agency! is incredibly tight-lipped as a suggestions." He wrote in a widely cir- culated bulletin: "We are particularly Several months ago, the Senate and matter of general principle." House Intelligence committees sought But other members of the Senate anxious to receive, anonymously if you desire, copies of U.S. diplomatic lists to determine whether the CIA had en- and House Intelligence committees gaged in a deliberate attempt to smear told us the intelligence agencies are and U.S. embassy staff and/or tel- Demetracopoulos. Aspin put the issue "cooperative," "frank" and "forthcom- ephone directories from any coun- tries." Agee has already laid out the bi- directly to the CIA director. It raised ing." questions, said Aspin, ''about the use of There is no question, however, that ographies of 700 U.S. undercover files . to discredit people." the CIA is quietly turning off the em- agents in a book published by Lyle barrassing leaks. Government lawyers Stuart Inc. Turner replied carefully: "I find no deliberately filed their lawsuit against CIA Director Stansfield Turner told evidence we have provided files on ex-CIA analyst Frank Snepp in Vir- us that Agee's publications have been Demetracopoulos to anybody." ginia, for example, knowing the judges "very damaging." A few weeks ago, the agency also re- were pro-government and security- Clearly, the CIA is trying to stop the sponded to specific questions from minded. damaging flow of unfavorable public- Aspin. Again, the CIA denied having District Judge Oren Lewis slapped ity. It is less than enthusiastic, for ex- shared its Demetracopoulos file with down Snepp for writing an unauthor- ample, about an investigation by Rep. anyone. But the denial astonishingly ized book about the CIA. At times, the Les Aspin (D-Wis.) into an alleged CIA was classified. judge's voice rose angrily as he de- attempt to discredit a Greek journalist. Because the letter was classified, clared that Snepp had no right to di- He is Elias Demetracopoulos. who Demetracopoulos cannot see it and, vulge "classified information" and was driven from his homeland in 1967 therefore, cannot defend himself that he was not entitled to a jury trial. by the military junta in Athens. He set against the CIA's charges. ■■■ Jack Anderson's Washington Merry-go-round e.30,1-71 Secrecy policy of CIA thickens WASHINGTON — The ballyhooed and In point of fact, the government did Clearly, the CIA is trying to stop the battered Central Intelligence Agency, not accuse Snepp of revealing classified damaging flow of unfavorable publicity. which has received more publicity than information. He charged in his book that It is less than enthusiastic, for example, government agencies that advertise, is the CIA had left behind in Vietnam not about an investigation by Rep. Les quiet)), pulling back into its turtle shell. only computerized files of agents and Aspin, D-Wis„ into an alleged CIA at- The traffic in embarrassing secrets, collaborators but many of the un- tempts to discredit a greek journalist. known inside the agency as the "family fortunate collaborators themselves. The He is Elias Demetracopoulos, who jewels," is being shut off. Even files were captured intact by the North was driven from his homeland in 1967 by members of Congress, who are suppos- Vietnamese. the military junta in Athens. He set up ed to review CIA secrets, have com- Thus it was Snepp accusing the CIA of shop in a tiny hotel room u' Washington plained privately that the intelligence violating security and jeopardizing and proceeded to lambaste the colonels agencies are holding back on them. lives, not the other way around. Yet and their American apologists at every Senate Republican leader Howard Judge Lewis ruled, in effect, that the opportunity. Pro-junta officials to the Baker complained vociferously at a CIA had the right to conceal its Nixon administration so hated him that closed White House meeting that it had carelessness. they actually connived to send him back taken him two years to get some sen- Meanwhile, CIA director Philip Agee, to Greece to face certain torture and sitive information out of the CIA. working with known communist agents, possible death. Grumped another insider: "The CIA is has appealed to disgruntled CIA Apparently, his persistent criticism never easy to work with, the FBI is in- employees to send him "leads, tips, sug- also incurred the wrath of the CIA. terested In covering their butts and the gestions." He wrote in a widely cir- Twice last year, unfavorable allegations NSA (National Security Agency) Is in- culated bulletin: "We are particularly about him appeared in print. In both In- credibly tight-lipped as a matter of anxious to receive, anonymously if you stances, the charges were attributed to general principle." desire, copies of U.S. diplomatic lists CIA records. But other members of the Senate and and U.S. embassy staff and-or telephone In a book called "The Power Ped- House intelligence committees told us directories from any countries." Agee dlers," authors Russell Warren Howe the intelligence agencies are has already laid out the biographies of and Sarah Hays Trott quoted directly "cooperative," "frank". and "forthcom- 700 U.S. undercover agents in a book from what they said was ing." published by Lyle Stuart, Inc. Demetracopoulos' "CIA file." This con- There is no question, however, that CIA chief Stansfleld Turner told us tended that Demetracopoulos had false- the CIA is quietly turning off the embar- that Agee's publications have been ly claimed two years ago to be an under- rassing leaks. Government lawyers "very damaging." Turner said that a cover agent for the United States. deliberately filed their lawsuit against CIA agent who has served his country Last December, New York Times ex-CIA analyst Frank Snepp in Virginia, anonymously, "suddenly is made public reporter David Binder wrote a lengthy for example, knowing the judges were by somebody like Agee and his article containing similar allegations pro-government and security-minded. usefullness, his career, his prospects, and quoting CIA officials. "CIA records District Judge Oren Lewis slapped are greatly reduced from then on show," reported Binder, "that in 1951 down Snepp for writing an unauthorised through no fault of his atter he has spent Mr. Dimitracopoulos (sic) offered his book about the CIA. At times, the many years of deprivation and services to the agency and was turned judge's voice rose angrily as he sacrifice." down." declared that Snepp had no right to As for CIA whistleblowers like Snepp, Demetracopoulos told us: "These divulge "classified information" and the CIA chief said: "They will have a tot allegations are fabrications used for a that he was not entitled to a jury trial. more respect from me if they go through long time by the CIA to discredit me, "We are not going to make the CIA be authorized channels at least first before and they are refuted by CIA documents exposed any more than they have they go out and publish their scurrilous in my possession." He showed us the been." snorted Lewis. publications." documents to back up his statement. Several months ago, the Senate and House intelligence committees sought to determine whether the CIA had engaged in a deliberate attempt to smear Demetracopoulos. Aspin put the issue directly to the CIA director.
Recommended publications
  • Repression by Lawsuit
    THE NEW YO 'K TIMES, THURSDAY, FEBRUARY 16, 1978 Repression By Lawsuit By Anthony Lewis BERKELEY, Calif., Feb. 15—On the ance — which is surely expresso 01 White and enforced, as a condition of Gov- House tape of June 23, 1972— the kind the. First Amendment wa in- ernment employment. the one that finally forced his resigna- tended to protect. tion—Richard Nixon told H. R. Halde- American freedom often depends on But the C.I.A., and now the Jus ce whistle-blowing by people who are not man why they could expect Richard Department, argue that what the k so nice. It may take a disaffected Deep Helms, the C.I.A. chief, to cooperate on says does not matter, and neither s Throat to expose the abuse of official 'Watergate. "We protected Helms from the First Amendment. That is bec e power. And no one can doubt that .one hell of a lot of things," he said. Mr. Snepp, like other employees of there has been abuse in intelligence When the Senate Intelligence Com- agency, signed an agreement to ay agencies. mittee asked what "things," Mr. Nixon nothing about its classified work th- Attorney General Bell, explaining described one episode. Mr. Helms had out getting its permission first. e the decision to sue Frank Snepp, said come to him about a book that a for Government suit claims damages f •m he just wanted to find out from the mer C.LA. employee planned to pub- Mr. Snepp—all his royalties— or courts whether secrecy "contracts" lish, he said, and he agreed to legal breaking the promise.
    [Show full text]
  • Journalism Awards
    FIFTIETH FIFTIETHANNUAL 5ANNUAL 0SOUTHERN CALIFORNIA JOURNALISM AWARDS LOS ANGELES PRESS CLUB th 50 Annual Awards for Editorial Southern California Journalism Awards Excellence in 2007 and Los Angeles Press Club A non-profit organization with 501(c)(3) status Tax ID 01-0761875 Honorary Awards 4773 Hollywood Boulevard Los Angeles, California 90027 for 2008 Phone: (323) 669-8081 Fax: (323) 669-8069 Internet: www.lapressclub.org E-mail: [email protected] THE PRESIDENT’S AWARD For Impact on Media PRESS CLUB OFFICERS Steve Lopez PRESIDENT: Chris Woodyard Los Angeles Times USA Today VICE PRESIDENT: Ezra Palmer Editor THE JOSEPH M. QUINN AWARD TREASURER: Anthea Raymond For Journalistic Excellence and Distinction Radio Reporter/Editor Ana Garcia 3 SECRETARY: Jon Beaupre Radio/TV Journalist, Educator Investigative Journalist and TV Anchor EXECUTIVE DIRECTOR: Diana Ljungaeus KNBC News International Journalist BOARD MEMBERS THE DANIEL PEARL AWARD Michael Collins, EnviroReporter.com For Courage and Integrity in Journalism Jane Engle, Los Angeles Times Bob Woodruff Jahan Hassan, Ekush (Bengali newspaper) Rory Johnston, Freelance Veteran Correspondent and TV Anchor Will Lewis, KCRW ABC Fred Mamoun, KNBC-4News Jon Regardie, LA Downtown News Jill Stewart, LA Weekly George White, UCLA Adam Wilkenfeld, Independent TV Producer Theresa Adams, Student Representative ADVISORY BOARD Alex Ben Block, Entertainment Historian Patt Morrison, LA Times/KPCC PUBLICIST Edward Headington ADMINISTRATOR Wendy Hughes th 50 Annual Southern California Journalism Awards
    [Show full text]
  • Who Watches the Watchmen? the Conflict Between National Security and Freedom of the Press
    WHO WATCHES THE WATCHMEN WATCHES WHO WHO WATCHES THE WATCHMEN WATCHES WHO I see powerful echoes of what I personally experienced as Director of NSA and CIA. I only wish I had access to this fully developed intellectual framework and the courses of action it suggests while still in government. —General Michael V. Hayden (retired) Former Director of the CIA Director of the NSA e problem of secrecy is double edged and places key institutions and values of our democracy into collision. On the one hand, our country operates under a broad consensus that secrecy is antithetical to democratic rule and can encourage a variety of political deformations. But the obvious pitfalls are not the end of the story. A long list of abuses notwithstanding, secrecy, like openness, remains an essential prerequisite of self-governance. Ross’s study is a welcome and timely addition to the small body of literature examining this important subject. —Gabriel Schoenfeld Senior Fellow, Hudson Institute Author of Necessary Secrets: National Security, the Media, and the Rule of Law (W.W. Norton, May 2010). ? ? The topic of unauthorized disclosures continues to receive significant attention at the highest levels of government. In his book, Mr. Ross does an excellent job identifying the categories of harm to the intelligence community associated NI PRESS ROSS GARY with these disclosures. A detailed framework for addressing the issue is also proposed. This book is a must read for those concerned about the implications of unauthorized disclosures to U.S. national security. —William A. Parquette Foreign Denial and Deception Committee National Intelligence Council Gary Ross has pulled together in this splendid book all the raw material needed to spark a fresh discussion between the government and the media on how to function under our unique system of government in this ever-evolving information-rich environment.
    [Show full text]
  • GPO-CRECB-1992-Pt3-2.Pdf
    February 24, 1992 CONGRESSIONAL RECORD-HOUSE 8159 HOUSE OF REPRESENTATIVES-Monday, February 24, 1992 The House met at 12 noon. But I think it also goes back to some PROGRAM The Chaplain, Rev. James David of the legislation passed in this body Opening: Arnold Goldstein, Superintend­ Ford, D.D., offered the following pray­ and the other body on title IX and ent, National Capital Parks-Central, Na­ er: some of the efforts that we have made tional Park Service. Presentation of the Colors: Joint Armed Teach us in all our ways, 0 God, to to make sure that Federal money is Services Color Guard, Military District of look upon others with the respect and spent equally on men and women ath­ Washington. honor that is due every person. We letes in the various programs that are "The National Anthem" : U.S. Air Force admit our disagreements and conflicts, sanctioned at the college level. Band, Chief Master Sgt. Alan Sine, Director. our disputes and quarrels, and yet we Mr. Speaker, certainly we want to Welcome by the Master of Ceremonies: Ar­ acknowledge You as the Creator and give tribute to our Olympic women and nold Goldstein, Superintendent, National Judge of the whole human family, a to all of the young Bonnie Blairs and Capital Parks-Central, National Park Serv­ ice. family bound together by Your gift of Kristi Yamaguchis who watched these Remarks: Honorable Russell E. Train, life and Your sustaining spirit. May Olympics and will be our Olympians in First Vice President, Washington National the spirit of tolerance mark our voices future years.
    [Show full text]
  • The CIA Secrecy Agreement and the First Amendment
    American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 1981 Snepp v. United States: The CIA Secrecy Agreement and the First Amendment Diane Orentlicher Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Courts Commons, and the First Amendment Commons COMMENT Snepp v. United States: The CIA Secrecy Agreement and the First Amendment The Central Intelligence Agency (CIA) requires its employees to sign an agreement not to publish any information concerning the CIA without obtain- ing specific prior approval from the Agency, and reserves the right to suppress any such information.' Although the secrecy agreement sharply limits the speech rights of CIA employees, the Supreme Court recently upheld its valid- ity in Snepp v. United States,2 dismissing the petitioner's first amendment challenge in a footnote. The Court's treatment of the first amendment issues raised by the CIA's prior-approval procedure represents a significant departure from prior case law. 3 This Comment explores the first amendment implications of the proce- dure. First, it reviews the Snepp case itself. Next, it discusses first amendment law in the two areas relevant to the validity of the CIA secrecy agreement: the doctrine of prior restraint, and the courts' treatment of speech restraints imposed in the context of public employment. Drawing on both of these bodies of law, the Comment then evaluates and criticizes the CIA prior-ap- proval procedure. Finally, the Comment proposes an alternative system that protects the legitimate interests of the CIA in a manner more consistent with first amendment values.
    [Show full text]
  • Loyal Opposition: the CIA and the Limits of Free Speech
    Frank Snepp. Irreparable Harm: A Firsthand Account of How One Agent Took on the CIA in an Epic Battle over Free Speech. New Foreword by Anthony Lewis. Lawrence: University Press of Kansas, 2001. 416 pp. $17.95, paper, ISBN 978-0-7006-1091-4. Reviewed by Maeve A. Cowan Published on H-Law (March, 2002) Loyal Opposition: The CIA and the Limits of father. In a way the mistake about his where‐ Free Speech abouts had reunited the estranged pair, but the It was April 1975 and CIA operative Frank tension between them continued. That difficult re‐ Snepp had gone missing. Or so the agency told his lationship paralleled the one he had with his su‐ family. Snepp's father, famously stoic and distant, periors at the CIA; each was to haunt him for locked himself in a dark room and wept when he years to come. The latter would entangle him in a learned of his son's fate. 12,000 miles away count‐ legal contest that brought him national notoriety, less South Vietnamese families also mourned for gathered powerful enemies against him, and chal‐ lost loved ones. Many of them, allies in the Ameri‐ lenged the rights of Americans under the First can war against Ho Chi Minh, wondered what Amendment. would become of them once the American evacu‐ Frank Snepp was an unusual candidate to ation of Saigon was complete. The feeing Ameri‐ take on the CIA. He was raised in the Southern cans left behind scores of collaborators whose tradition of chivalry, patriotism, and an apprecia‐ fate, like that of Frank Snepp, was unknown.
    [Show full text]
  • Contract As Evil Peter Linzer
    Hastings Law Journal Volume 66 | Issue 4 Article 7 5-2015 Contract as Evil Peter Linzer Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Peter Linzer, Contract as Evil, 66 Hastings L.J. 971 (2015). Available at: https://repository.uchastings.edu/hastings_law_journal/vol66/iss4/7 This Symposium is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. N - Linzer_19 (EGK) (1) (Do Not Delete) 5/21/2015 12:01 AM Contract as Evil Peter Linzer* Contract is, of course, often good. It permits parties to negotiate terms that are specific to their needs, something statutes can’t do. But contract is often evil and used for evil ends, particularly because much of contract theory and doctrine is unconcerned with the distribution of power; information and shrewdness between the parties and is based, in part, on a romantic view of contract, emphasizing its basis in free will and liberty. This almost deification of Contract blinds those who follow it to the very absence of free will and liberty when the ability to deal in contract is unbalanced. The current dialogue about contracts of adhesion and the question whether they should even be considered contracts requires us to take a new look at contract. The use of contract to limit constitutional and other rights based on a notion of voluntary waiver raises serious issues about whether we should be skeptical about the assumed good of contract.
    [Show full text]
  • Download This Issue As A
    Columbia College Fall 2013 TODAY MAKING A DIFFERENCE Sheena Wright ’90, ’94L Breaks Ground as First Woman CEO of United Way of New York City NETWORK WITH COLUMBIA ALUMNI BILL CAMPBELL, CHAIRMAN OF THE BOARD OF TRUSTEES, COLUMBIA UNIVERSITY CHAIRMAN OF THE BOARD OF DIRECTORS, INTUIT MEMBER OF THE BOARD OF DIRECTORS, APPLE MEMBER OF THE COLUMBIA UNIVERSITY CLUB OF NEW YORK The perfect midtown location to network, dine with a client, hold events or business meetings, house guests in town for the weekend, and much more. To become a member, visit columbiaclub.org or call 212-719-0380. in residence at The Princeton Club of New York 15 WEST 43 STREET NEW YORK, NY 10036 Columbia Ad_famous alumni.indd 6 11/8/12 12:48 PM Contents FEATURES 14 Trail Blazer 20 Loyal to His Core Sheena Wright ’90, ’94L is breaking As a Columbia teacher, scholar and ground as the first female CEO of alumnus, Wm. Theodore de Bary ’41, ’53 United Way of New York City. GSAS has long exemplified the highest BY YELENA SHUSTER ’09 standards of character and service. BY JAMIE KATZ ’72, ’80 BUSINEss 26 New Orleans’ Music Man 34 Passport to India After 25 years in NOLA, Scott Aiges ’86 Students intern in Mumbai, among is dedicated to preserving and other global sites, via Columbia promoting its musical traditions. Experience Overseas. BY ALEXIS TONTI ’11 ARTS BY SHIRA BOss ’93, ’97J, ’98 SIPA Front cover: After participating in a United Way of New York City read-aloud program at the Mott Haven Public Library in the Bronx, Sheena Wright ’90, ’94L takes time out to visit a community garden in the neighborhood.
    [Show full text]
  • Outline and First Draft of FLOWERS in the KILLING FIELDS I by Rick Spangle
    “Flowers in the Killing Fields I” by Rick Spangle Outline and First Draft of FLOWERS IN THE KILLING FIELDS I By Rick Spangle BACKGROUND This is the first volume in the “Flowers in the Killing Fields” series. The sequel to this book is “Flowers in the Killing Fields II” which details the covert exploits of many well known, and some lesser known figures in American history as far back as the Revolutionary War, along with detailing the abuses of the Soviet secret intelligence services attempting to retain their power from 1917 to 1939 in what was the emerging democracy of Russia. The book details many instances of the ineptitude of the CIA, and, in my mind, the greatest CIA success story ever told, along with the secret history of the NSA which will allow for a better understanding of the current abuses of the NSA and our ever unfolding, constantly degrading, socialistic totalitarian government. 1 “Flowers in the Killing Fields I” by Rick Spangle The third book in this series is “When Flowers Bloom in the Killing Fields” by Rick Spangle and Paul Reed. It details parts of our life stories, our tours in Vietnam, and our bouts with PTSD which led to other problems in our lives for many years. We also delve into how and why we are in partial control over our symptoms. The main message of book 3 is healing, reconciliation and forgiveness, along with a few of the details of our life stories along the way to our PARTIAL therapeutic control of our PTSD. This includes occasional bouts with depression, anxiety, paranoia and mania.
    [Show full text]
  • Lobster 75 Summer 2018
    www.lobster-magazine.co.uk Summer 2018 • The view from the bridge by Robin Ramsay Lobster Updated 17 May 2018 • Deep Kiss: How the Washington Post missed the biggest Watergate story of all by Garrick 75 Alder • Using the UK FOIA, part II by Nick Must • Hugh who? (Hugh Mooney) by Robin Ramsay • Hilda Murrell and the FOIA by Nick Must • South of the Border by Nick Must • Still thinking about Dallas by Robin Ramsay • Back to the future (again) by Simon Matthews • Anna Raccoon and the dawn of Savilisation by Andrew Rosthorn Book Reviews • The Darkest Sides of Politics, Parts I & II, by Jeffrey M Bale reviewed by Robin Ramsay • What Did You Do During the War? The Last Throes of the British Pro-Nazi Right, 1940-45, by Richard Griffiths reviewed by David Sivier • My Life, Our Times, by Gordon Brown reviewed by John Newsinger • Mad men? Marketing the Third Reich: Persuasion, Packaging and Propaganda, by Nicholas O’Shaughnessy reviewed by Colin Challen • Unwinnable: Britain’s War in Afghanistan, 2001-2014, by Theo Farrell reviewed by John Newsinger • Farming, Fascism and Ecology: A Life of Jorian Jenks, by Philip M. Coupland reviewed by David Sivier • Divining Desire: Focus Groups and the Culture of Consultation, by Liz Featherstone, reviewed by Colin Challen www.lobster-magazine.co.uk The View from the Bridge Robin Ramsay Thanks to Nick Must (in particular) and Garrick Alder for editorial and proof-reading assistance with this issue. * new * The higher bullshit There has been more well-intentioned nonsense written by academics about the assassination of JFK than any other subject I have looked at.
    [Show full text]
  • Reform of the Intelligence Community Publication Review Process
    2017] 203 REFORM OF THE INTELLIGENCE COMMUNITY PREPUBLICATION REVIEW PROCESS: BALANCING FIRST AMENDMENT RIGHTS AND NATIONAL SECURITY INTERESTS Christopher E. Bailey* Over the past 15 years, the American public has seen a spate of current and former intelligence officers publishing memoirs, articles, and academic works regarding U.S. national security and their own experiences working in government. In some respects, this new “cottage industry” has advanced public understanding of the important threats facing the United States and the government’s response to such threats. In other respects, however, these works have also raised a risk that such publications could impair U.S. national security by exposing intelligence sources, methods, and classified activities. Hence, the Director of National Intelligence (“DNI”) should examine the prepublication review process used by various intelligence agencies. In fact, a reform of the intelligence community (“IC”) prepublication review process would help advance U.S. national security while also ensuring minimal impairment of the First Amendment rights of government employees, military personnel, and contractors. * Mr. Christopher E. Bailey is a faculty member at the National Intelligence University specializing in national security law, processes, intelligence ethics, and strategy. He is a 2008 graduate of NIU’s Denial & Deception Advanced Studies Program and the U.S. Army War College. He is licensed to practice law in California and the District of Columbia, and is a member of the National Security Law Committee, American Bar Association. He has LLM degree in National Security & U.S. Foreign Relations Law from the George Washington University School of Law where is he is currently a candidate for the SJD degree.
    [Show full text]
  • Press Pools, Prior Restraint and the Persian Gulf War
    Press Pools, Prior Restraint and the Persian Gulf War by Capt Jon Mordan I. Introduction By and large, the news media are suspicious of the military. And they should be. Questioning is the media’s job because a military without public scrutiny can lead to dictatorship. The First Amendment is supposed to ensure unfettered reporting of information, at least unfettered by government control.1 Through the years, Congress and the courts have added restrictions and nuances to (or clarified the meaning of) "make no law." Press coverage of military operations is one of them. Journalists often are criticized and blamed for creating or exacerbating the conflicts they report. Similarly, criticism falls on military commanders who walk a narrow line of openness while protecting the lives of their soldiers and the secrecy needed for wartime operations. Obviously, shooting the messenger has never worked, although it might serve as a signal because the Constitution, itself, provided for civilian control of the armed forces.2 As a tool of the government, the military reflects governmental policies. The Persian Gulf War represents to journalists and military leaders alike a pivotal point in the contentious relationship between presumed press freedoms and accepted military authority in a war zone. While the press always wants more rope than it needs to do the job, the military and the government have used that rope as a leash. I do not intend to debate in this study the ideological nature of the media, whether it is liberal or conservative. I will explore the basis of using press pools in the Gulf War and the issues surrounding free press in a military environment.
    [Show full text]