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	<title>Comments on: The Whole Declassification Question</title>
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	<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/</link>
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		<title>By: mikmik</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-60773</link>
		<dc:creator>mikmik</dc:creator>
		<pubDate>Sat, 08 Apr 2006 21:34:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-60773</guid>
		<description>&lt;p&gt;I linked this page in my comments here at Huffpo:&lt;br /&gt;
&lt;a href=&quot;http://www.huffingtonpost.com/miles-mogulescu/leaking-classified-inform_b_18732.html&quot;&gt;http://www.huffingtonpost.com/.....18732.html&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I linked this page in my comments here at Huffpo:<br />
<a href="http://www.huffingtonpost.com/miles-mogulescu/leaking-classified-inform_b_18732.html">http://www.huffingtonpost.com/&#8230;..18732.html</a></p>
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		<title>By: Mauimom</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-59036</link>
		<dc:creator>Mauimom</dc:creator>
		<pubDate>Fri, 07 Apr 2006 14:08:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-59036</guid>
		<description>&lt;p&gt;I too was astounded to see David Gregory mouthing the WH talking points.  Is NBC too lazy to do some research (or read some blogs) about other ideas than the WH echo chamber?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I too was astounded to see David Gregory mouthing the WH talking points.  Is NBC too lazy to do some research (or read some blogs) about other ideas than the WH echo chamber?</p>
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		<title>By: mui</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58933</link>
		<dc:creator>mui</dc:creator>
		<pubDate>Fri, 07 Apr 2006 12:27:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58933</guid>
		<description>&lt;p&gt;ThomasC, thank you. I am less troubled now by the Cheney interview.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>ThomasC, thank you. I am less troubled now by the Cheney interview.</p>
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		<title>By: The Long Goodbye &#187; Blog Archive &#187; Yes, but what&#8217;s beyond the horizon?</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58865</link>
		<dc:creator>The Long Goodbye &#187; Blog Archive &#187; Yes, but what&#8217;s beyond the horizon?</dc:creator>
		<pubDate>Fri, 07 Apr 2006 06:24:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58865</guid>
		<description>&lt;p&gt;[…] Bush being a legacy neocon brat probably does think that any decision that he makes, no matter the petty basis on which it is made is right, well because the king is always right. Cheney, being Bush’s ideological mirror has suggested that he too may classify, declassify, and reclassify whatever information he sees fit. Power as the everlasting gumdrop, no particulars about justification are neccessay. That being the case, no crime has been committed because they are the law. The constitution gives them the authority to usurp the constitution. Even if it doesn’t, the everlasting gumdrop gang passes around the get out of accountability card, pardons for all. […]&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>[…] Bush being a legacy neocon brat probably does think that any decision that he makes, no matter the petty basis on which it is made is right, well because the king is always right. Cheney, being Bush’s ideological mirror has suggested that he too may classify, declassify, and reclassify whatever information he sees fit. Power as the everlasting gumdrop, no particulars about justification are neccessay. That being the case, no crime has been committed because they are the law. The constitution gives them the authority to usurp the constitution. Even if it doesn’t, the everlasting gumdrop gang passes around the get out of accountability card, pardons for all. […]</p>
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		<title>By: Thomas C</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58850</link>
		<dc:creator>Thomas C</dc:creator>
		<pubDate>Fri, 07 Apr 2006 05:39:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58850</guid>
		<description>&lt;p&gt;The issue isnâ€™t whether Bush had authority to declassify, but whether he in fact declassified.  He plainly did not.  Under the Exec. Order â€œclassified informationâ€ is any information that â€œrequires protection against unauthorized disclosure…â€.  As Libby testified, Bush gave him authorization â€œto discuss information that would be classified but for that approvalâ€ - an authorization Libby testified was â€œunique in his recollection.â€  It is apparent, therefore, that Bush determined that the information continued to require protection against unauthorized disclosure, and therefore the information remained classified.&lt;/p&gt;
&lt;p&gt;The current Exec. Order simply does not recognize the concept of selective or limited declassification.  By the terms of the order itself any information that remains subject to protections against unauthorized disclosure is â€œclassified information.â€  The president (and other officials authorized to declassify) do indeed possess the power to authorize limited or restricted disclosure, but the means for doing this is not declassification but rather the provision of clearance to specified individuals.  Well, you might ask, didnâ€™t Bush then simply authorize Libby to grant Judy Miller (or any other journalist to whom Libby leaked) a clearance with respect to the classified information?  Apparently not, because such a clearance would have subjected the journalist to a non-disclosure obligation - a result contrary to LIbbyâ€™s testimony that the purpose of the authorization from Bush was to get information in the NIE into the media for public dissemination of information that might undermine Joe Wilsonâ€™s credibility.&lt;/p&gt;
&lt;p&gt;Why didnâ€™t Bush simply declassify the information?  That would have been a transparent attempt on the part of the Administration to attack Wilson.  It was essential that the information be leaked, i.e., disclosed to the journalist with the understanding that the information was not for attribution.  In that way the Administration could not be accused of engaging in a political attack on Wilson, and the journalist, though aware that the Administration was indeed engaging in such an attack, would be bound to protect the identity of her source and therebyunable to report that such attack was taking place.&lt;/p&gt;
&lt;p&gt;In sum, Bush did not declassify because that could be traced to the Administration and certainly would have been perceived as an attack on Wilson.  And Bush couldnâ€™t simply grant a clearance to the journalist because that similarly would have defeated the purpose of dessimination by subjecting the jouranlist to a non-disclosure obligation.  Quite simply, Bush neither declassified nor granted clearance, and thereby achieved an objective that the law plainly does not permit - the selective disclosure of classified information to parties that are not themselves bound not to disclose.  &lt;/p&gt;
&lt;p&gt;This is illegal, my friends.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The issue isnâ€™t whether Bush had authority to declassify, but whether he in fact declassified.  He plainly did not.  Under the Exec. Order â€œclassified informationâ€ is any information that â€œrequires protection against unauthorized disclosure…â€.  As Libby testified, Bush gave him authorization â€œto discuss information that would be classified but for that approvalâ€ &#8211; an authorization Libby testified was â€œunique in his recollection.â€  It is apparent, therefore, that Bush determined that the information continued to require protection against unauthorized disclosure, and therefore the information remained classified.</p>
<p>The current Exec. Order simply does not recognize the concept of selective or limited declassification.  By the terms of the order itself any information that remains subject to protections against unauthorized disclosure is â€œclassified information.â€  The president (and other officials authorized to declassify) do indeed possess the power to authorize limited or restricted disclosure, but the means for doing this is not declassification but rather the provision of clearance to specified individuals.  Well, you might ask, didnâ€™t Bush then simply authorize Libby to grant Judy Miller (or any other journalist to whom Libby leaked) a clearance with respect to the classified information?  Apparently not, because such a clearance would have subjected the journalist to a non-disclosure obligation &#8211; a result contrary to LIbbyâ€™s testimony that the purpose of the authorization from Bush was to get information in the NIE into the media for public dissemination of information that might undermine Joe Wilsonâ€™s credibility.</p>
<p>Why didnâ€™t Bush simply declassify the information?  That would have been a transparent attempt on the part of the Administration to attack Wilson.  It was essential that the information be leaked, i.e., disclosed to the journalist with the understanding that the information was not for attribution.  In that way the Administration could not be accused of engaging in a political attack on Wilson, and the journalist, though aware that the Administration was indeed engaging in such an attack, would be bound to protect the identity of her source and therebyunable to report that such attack was taking place.</p>
<p>In sum, Bush did not declassify because that could be traced to the Administration and certainly would have been perceived as an attack on Wilson.  And Bush couldnâ€™t simply grant a clearance to the journalist because that similarly would have defeated the purpose of dessimination by subjecting the jouranlist to a non-disclosure obligation.  Quite simply, Bush neither declassified nor granted clearance, and thereby achieved an objective that the law plainly does not permit &#8211; the selective disclosure of classified information to parties that are not themselves bound not to disclose.  </p>
<p>This is illegal, my friends.</p>
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		<title>By: mui</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58637</link>
		<dc:creator>mui</dc:creator>
		<pubDate>Fri, 07 Apr 2006 02:21:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58637</guid>
		<description>&lt;p&gt;Prof. Foland. I am not a legal expert, but in my humble opinion, the exceptional clause refers to something catastrophic like a nuclear plant meltdownâ€”stuff the public needs to learn about. I donâ€™t read exceptional circumstances as the need for Cheney, Bush, Libby &amp; girlfriend to protect their asses. I donâ€™t see how public interest is served at all by disclosing Plameâ€™s name. In this case the â€œdeclassifiers,â€ i.e. leakers in this case, are hell bent on making the laws serve their deities. I am in agreement with BobbyG.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Prof. Foland. I am not a legal expert, but in my humble opinion, the exceptional clause refers to something catastrophic like a nuclear plant meltdownâ€”stuff the public needs to learn about. I donâ€™t read exceptional circumstances as the need for Cheney, Bush, Libby &amp; girlfriend to protect their asses. I donâ€™t see how public interest is served at all by disclosing Plameâ€™s name. In this case the â€œdeclassifiers,â€ i.e. leakers in this case, are hell bent on making the laws serve their deities. I am in agreement with BobbyG.</p>
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		<title>By: bebimbob</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58601</link>
		<dc:creator>bebimbob</dc:creator>
		<pubDate>Fri, 07 Apr 2006 02:00:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58601</guid>
		<description>&lt;p&gt;Look…&lt;/p&gt;
&lt;p&gt;If Bush was involved in leaking portions of the NIE to discredit Joe Wilson, then it is inescapable that he was involved in leaking Val Plame’s identity to discredit Joe Wilson.  It’s phase two of the same vindictive project.&lt;/p&gt;
&lt;p&gt;He didn’t suddenly go Alzheimer’s on the matter after phase one, and he certainly knows who the leaker is: he sees the guy every morning while shaving.&lt;/p&gt;
&lt;p&gt;This makes Clinton’s lie about “having sex with that woman” seem completely trivial by comparison.&lt;/p&gt;
&lt;p&gt;Maybe Bush will fire himself, now that’s he found out who dun it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Look…</p>
<p>If Bush was involved in leaking portions of the NIE to discredit Joe Wilson, then it is inescapable that he was involved in leaking Val Plame’s identity to discredit Joe Wilson.  It’s phase two of the same vindictive project.</p>
<p>He didn’t suddenly go Alzheimer’s on the matter after phase one, and he certainly knows who the leaker is: he sees the guy every morning while shaving.</p>
<p>This makes Clinton’s lie about “having sex with that woman” seem completely trivial by comparison.</p>
<p>Maybe Bush will fire himself, now that’s he found out who dun it.</p>
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		<title>By: mui</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58600</link>
		<dc:creator>mui</dc:creator>
		<pubDate>Fri, 07 Apr 2006 01:58:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58600</guid>
		<description>&lt;p&gt;O.K. Question: Can an executive order really override statutes in the U.S.Code? Because last time I looked in the code, there was no mention of the vice president being able to declassify documents, only the president. There was nothing about dissemination to journalists, or Scooterâ€™s girlfriend, either under those access (?) parts. I have a hard time believing that the executive branch can make a law that overrides the legislative branch. Of course if congress sits there and does nothing, I am sure Bush can do anything he likes, because it appears he already has.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>O.K. Question: Can an executive order really override statutes in the U.S.Code? Because last time I looked in the code, there was no mention of the vice president being able to declassify documents, only the president. There was nothing about dissemination to journalists, or Scooterâ€™s girlfriend, either under those access (?) parts. I have a hard time believing that the executive branch can make a law that overrides the legislative branch. Of course if congress sits there and does nothing, I am sure Bush can do anything he likes, because it appears he already has.</p>
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		<title>By: Cujo359</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58449</link>
		<dc:creator>Cujo359</dc:creator>
		<pubDate>Fri, 07 Apr 2006 00:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58449</guid>
		<description>&lt;p&gt;Benj Hellie  @ 5:04 pm - Problems I see with your article:&lt;/p&gt;
&lt;p&gt;The act of declassification involves, at least in the procedure you mention, that the head of the agency that classified the report, in this case the CIA, would be involved in the decision to declassify it. If that’s true, how could they have used the procedure you cite and just keep it among the three of them?&lt;/p&gt;
&lt;p&gt;Second, I think that it’s at least possible, assuming the President actually has the authority to unilaterally declassify parts of a document, that it can be done without alerting anyone. This would require that the White House have control of all copies of the document, so they could be altered without others knowing. Certainly not standard procedure, but if they possess the only copies, this would be possible, since it’s their classification database they’d be altering (unless something’s changed about that procedure that I’m not aware of, which I’ll admit it quite possible). If other copies of the document existed, either at some congressional site or at the CIA, then this isn’t possible. All the documents would have to be collected and revised, and the databases in question updated.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Benj Hellie  @ 5:04 pm &#8211; Problems I see with your article:</p>
<p>The act of declassification involves, at least in the procedure you mention, that the head of the agency that classified the report, in this case the CIA, would be involved in the decision to declassify it. If that’s true, how could they have used the procedure you cite and just keep it among the three of them?</p>
<p>Second, I think that it’s at least possible, assuming the President actually has the authority to unilaterally declassify parts of a document, that it can be done without alerting anyone. This would require that the White House have control of all copies of the document, so they could be altered without others knowing. Certainly not standard procedure, but if they possess the only copies, this would be possible, since it’s their classification database they’d be altering (unless something’s changed about that procedure that I’m not aware of, which I’ll admit it quite possible). If other copies of the document existed, either at some congressional site or at the CIA, then this isn’t possible. All the documents would have to be collected and revised, and the databases in question updated.</p>
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		<title>By: Oscar</title>
		<link>http://firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58428</link>
		<dc:creator>Oscar</dc:creator>
		<pubDate>Fri, 07 Apr 2006 00:35:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2006/04/06/the-whole-declassification-question/#comment-58428</guid>
		<description>&lt;p&gt;I heard on the radio that for the Leaker-in-chief to declassify something, it has to be IN WRITING, he can’t just casually SAY it’s declassfied.  So Mr “President,” SHOW US THE ORDER!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I heard on the radio that for the Leaker-in-chief to declassify something, it has to be IN WRITING, he can’t just casually SAY it’s declassfied.  So Mr “President,” SHOW US THE ORDER!</p>
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