Senator Diane Feinstein has sent a letter to the White House, asking that they, rather than the CIA, control declassification of the executive summary of the Senate Intelligence Committee’s report on the CIA’s torture program.
U.S. secrecy has a concept of an original classification authority. The agency that classifies a document (or section of document) gets to declassify it.
The argument is that the White House is the proper declassification authority here.
“As this report covers a covert action program under the authority of the President and National Security Council, I respectfully request that the White House take the lead in the declassification process,” the letter reads.
Feinstein’s request contradicts both the White House and CIA, both of whom have suggested in recent days that the agency would spearhead the declassification process.
“The CIA, in consultation with other agencies, will conduct the declassification review,” White House National Security Council spokesperson Caitlin Hayden said after the committee vote last week.
Feinstein: CIA should not lead declassification review of report about interrogation tactics
The torture program has unusual status. Emptywheel has background details on this.
Five years ago, I reported (BREAKING) that the Bush Administration (aka Dick Cheney) made the torture program a Special Access Program in unusual fashion. Rather than CIA Director George Tenet make torture a SAP, as mandated by the Executive Order governing such things, unnamed people in the National Security Council did so.
[quote snippage]
Since that time, I’ve asked experts in classification and they agree that something funky went down (note, too, that torture wasn’t a SAP at the very beginning).
I believe torture’s odd SAP status is one of the things that has implicated the Presidency, which the Obama Administration went to some lengths to cover up.
But it also should dictate the White House take the lead on declassification of the torture program.
Dianne Feinstein Invokes Torture’s Covert Status on Declassification
It's an interesting move in the bureaucratic battling over the report. The CIA can be presumed to fight tooth and nail to delay the report as much as possible, and to omit details. The president has tried to take a neutral stance, that the battle is between the Senate committee and the CIA. It's a forcing of a hand, based on the unusual status of the program.
And if Dick Cheney trickery in the early days of the program now makes declassification faster and less ■■■-■■■■ ■■■■■■■ ■■■■■■■■■■, I'd be content with that.