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http://www.upi.com/view.cfm?StoryID=20050425-054816-4621r

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WMD commission sued over secrecy
By Shaun Waterman 
UPI Homeland and National Security Editor

WASHINGTON, April 25 (UPI) -- Anti-proliferation campaigners are suing
the presidential commission on weapons of mass destruction intelligence,
which they say is bound by federal law to publish transcripts of its
meetings.

"The bottom line is we want some visibility into the process, some idea
of how they came to the conclusions they did," Jules Zacher, special
counsel to the Center for Arms Control and Non-Proliferation, told
United Press International.

The Commission on the Intelligence Capabilities of the United States
Regarding Weapons of Mass Destruction met entirely in closed session
during its 14 months of existence. "Due to the sensitive nature of our
work, which concerns highly classified matters of national security,
these meetings are not open to the public," says a commission statement
on its Web site. 

"We nonetheless intend to keep the public informed of our work, and as
we progress we welcome public input and comment," concludes the
statement.

"They invited public participation, but it was a sham," said Zacher. "We
couldn't even find out where they were meeting."

He said the center wrote to the commission asking how to submit evidence
or testimony but never heard anything back.

The center's lawsuit, filed recently in the D.C. District Court, says
that, according to the Federal Advisory Committee Act of 1972, "the
records, reports transcripts, minutes appendices, working papers,
drafts, studies agenda (and) other documents which were made available
to or prepared for or by each advisory committee" should be available to
the public.

The commission says the act doesn't apply to them. "Which arguments are
made in court is up to the Justice Department," which will be defending
the case, the commission's general counsel, Stewart Baker, told UPI.

The act has exemptions for work done that will provide advice to the
CIA, said Baker, adding that there are also constitutional issues about
whether Congress can so tightly regulate presidential advice.

Zacher accepts that, by its nature, much of the commission's work needed
to stay secret, "But I find it hard to believe that everything they
discussed, every word they spoke, is classified."

The case is the latest battlefront in a war of attrition between the
Bush administration and open-government campaigners and highlights the
contrast between the presidential commission -- which met entirely in
secret -- and the highly publicized open hearings of the Sept. 11
inquiry.

Commission officials say they worked hard to get a plethora of
historical detail about this most sensitive area of intelligence into
the public domain in their final report.

"I think we did pretty well on that," said Baker, adding that conducting
the work in public would have been all but impossible, and "in the end I
don't think it would have helped the end product or made the public
better informed."

Zacher says the arguments the government and commission are using are
similar to those being used to defend against other public-interest
lawsuits like those seeking the release of Vice President Dick Cheney's
energy taskforce documents. "Essentially they are saying that no
individual can bring a lawsuit to enforce (the act), that only Congress
can enforce it. That would totally vitiate the law."

In its final report, published last month, the commission found that
U.S. intelligence was "dead wrong" about Iraq's weapons of mass
destruction and made a set of recommendations for overhauling the
nation's spy agencies.
--
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