C.I.A. Demands Cuts in Book About 9/11 and Terror Fight

Secrecy, leaks, and the real criminals
By Glenn Greenwald
Salon


Ali Soufan is a long-time FBI agent and interrogator who was at the center of the U.S. government's counter-terrorism activities from 1997 through 2005, and became an outspoken critic of the government's torture program. He has written a book exposing the abuses of the CIA's interrogation program as well as pervasive ineptitude and corruption in the War on Terror. He is, however, encountering a significant problem: the CIA is barring the publication of vast amounts of information in his book including, as Scott Shane details in The New York Times today, many facts that are not remotely secret and others that have been publicly available for years, including ones featured in the 9/11 Report and even in Soufan's own public Congressional testimony.

Shane notes that the government's censorship effort "amounts to a fight over who gets to write the history of the Sept. 11 attacks and their aftermath," particularly given the imminent publication of a book by CIA agent Jose Rodriguez -- who destroyed the videotapes of CIA interrogations in violation of multiple court orders and subpoenas only to be protected by the Obama DOJ -- that touts the benefits of the CIA's "tough" actions, propagandistically entitled: "Hard Measures: How Aggressive C.I.A. Actions After 9/11 Saved American Lives." Most striking about this event is the CIA's defense of its censorship of information from Soufan's book even though it has long been publicly reported and documented:

A spokeswoman for the C.I.A., Jennifer Youngblood, said . . . ."Just because something is in the public domain doesn't mean it's been officially released or declassified by the U.S. government."

Just marvel at the Kafkaesque, authoritarian mentality that produces responses like that: someone can be censored, or even prosecuted and imprisoned, for discussing "classified" information that has long been documented in the public domain. But as absurd as it is, this deceitful scheme -- suppressing embarrassing information or evidence of illegality by claiming that even public information is "classified" -- is standard government practice for punishing whistleblowers and other critics and shielding high-level lawbreakers.

The Obama DOJ has continuously claimed that victims of the U.S. rendition, torture and eavesdropping programs cannot have their claims litigated in court because what was done to them are "state secrets" -- even when what was done to them has long been publicly known and even formally, publicly investigated and litigated in open court in other countries. Identically, the Obama DOJ just tried (and failed) to prosecute NSA whistleblower Thomas Drake for "espionage" for "leaking," among other things, documents that do not even remotely contain properly classified information, leading to a formal complaint by a long-time NSA official demanding that the officials who improperly classified those documents themselves be punished. In a Washington Post Op-Ed today, Drake himself explains:

From 2001 through 2008, I was a senior executive at the National Security Agency. Shortly after Sept. 11, I heard more than rumblings about secret electronic eavesdropping and data mining against Americans that bypassed the Fourth Amendment and the Foreign Intelligence Surveillance Act . . .

I followed all the rules for reporting such activity until it conflicted with the primacy of my oath to defend the Constitution. I then made a fateful choice to exercise my fundamental First Amendment rights and went to a journalist with unclassified information about which the public had a right to know.

Rather than address its own corruption, ineptitude and illegal actions, the government made me a target of a multi-year, multimillion-dollar federal criminal "leak" investigation as part of a vicious campaign against whistleblowers that started under President George W. Bush and is coming to full fruition under President Obama.

To the government, I was a traitor and enemy of the state. As an American, however, I could not stand by and become an accessory to the willful subversion of our Constitution and our freedoms.

Far more often than anything else, that is the real purpose of government secrecy: to shield ineptitude, corruption, abuse of power and illegality from seeing the light of day, and -- as illustrated by the CIA's efforts to destroy Soufan's critical book while guaranteeing the predominance of Rodriguez's propaganda tract -- to ensure that the government controls what the public hears and what it does not hear.

Ironically, it is that behavior -- abusing secrecy powers to cover-up embarrassing and incriminating evidence -- that is a far more destructive and common crime than unauthorized leaks. As the Supreme Court explained in rejecting Nixon's classified-based censorship efforts of the Pentagon Papers: "The dominant purpose of the First Amendment was to prohibit the widespread practice of governmental suppression of embarrassing information." Indeed, abusing secrecy powers to conceal embarrassing and incriminating information has long been illegal, and is even expressly barred by President Obama's own Executive Order governing classified information:

Abusing government secrecy powers is a vastly more frequent and damaging illegal act than unauthorized leaks, yet the President obsesses on the latter while doing virtually nothing about the former other than continuing its worst manifestations. As the Supreme Court explained, few things are more damaging to a democracy than allowing political leaders to abuse secrecy powers to cover-up wrongdoing and control the flow of information the public hears, i.e., to propagandize the citizenry.

But that's exactly what Washington's secrecy fixation is designed to achieve. And while excessive secrecy has been a problem in the U.S. for decades, the Obama administration's unprecedented war on whistleblowers makes it much more odious, since now it is about not only keeping vital information from the public and stifling public debate, but also threatening whistleblowers (and investigative reporters) with prolonged imprisonment. That's why they turn what candidate Obama called these "acts of courage and patriotism" (whistleblowing) into crimes, while the real criminals -- political officials who abuse their secrecy powers for corrupted, self-interested ends -- go unpunished.

This is a perfect symbol of the Obama administration: claims of secrecy are used to censor a vital critic of torture and other CIA abuses (Soufan) and to prosecute an NSA whistleblower who exposed substantial corruption and criminality (Drake), while protecting from all consequences the official who illegally destroyed video evidence of the CIA's torture program (Rodriguez) and then help ensure that his torture-hailing propaganda book becomes the defining narrative of those events. As usual, the real high-level criminals prosper while those who expose their criminality are the only ones punished.
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August 25, 2011

By SCOTT SHANE
New York Times

WASHINGTON — In what amounts to a fight over who gets to write the history of the Sept. 11 attacks and their aftermath, the Central Intelligence Agency is demanding extensive cuts from the memoir of a former F.B.I. agent who spent years near the center of the battle against Al Qaeda.

The agent, Ali H. Soufan, argues in the book that the C.I.A. missed a chance to derail the 2001 plot by withholding from the F.B.I. information about two future 9/11 hijackers living in San Diego, according to several people who have read the manuscript. And he gives a detailed, firsthand account of the C.I.A.’s move toward brutal treatment in its interrogations, saying the harsh methods used on the agency’s first important captive, Abu Zubaydah, were unnecessary and counterproductive.

Neither critique of the C.I.A. is new. In fact, some of the information that the agency argues is classified, according to two people who have seen the correspondence between the F.B.I. and C.I.A., has previously been disclosed in open Congressional hearings, the report of the national commission on 9/11 and even the 2007 memoir of George J. Tenet, the former C.I.A. director.

Mr. Soufan, an Arabic-speaking counterterrorism agent who played a central role in most major terrorism investigations between 1997 and 2005, has told colleagues he believes the cuts are intended not to protect national security but to prevent him from recounting episodes that in his view reflect badly on the C.I.A.

Some of the scores of cuts demanded by the C.I.A. from Mr. Soufan’s book, “The Black Banners: The Inside Story of 9/11 and the War Against Al Qaeda,” seem hard to explain on security grounds.

Among them, according to the people who have seen the correspondence, is a phrase from Mr. Soufan’s 2009 testimony at a Senate hearing, freely available both as video and transcript on the Web. Also chopped are references to the word “station” to describe the C.I.A.’s overseas offices, common parlance for decades.

The agency removed the pronouns “I” and “me” from a chapter in which Mr. Soufan describes his widely reported role in the interrogation of Abu Zubaydah, an important terrorist facilitator and training camp boss. And agency officials took out references to the fact that a passport photo of one of the 9/11 hijackers who later lived in San Diego, Khalid al-Midhar, had been sent to the C.I.A. in January 2000 — an episode described both in the 9/11 commission report and Mr. Tenet’s book.

In a letter sent Aug. 19 to the F.B.I.’s general counsel, Valerie E. Caproni, a lawyer for Mr. Soufan, David N. Kelley, wrote that “credible sources have told Mr. Soufan that the agency has made a decision that this book should not be published because it will prove embarrassing to the agency.”

In a statement, Mr. Soufan called the C.I.A’s redactions to his book “ridiculous” but said he thought he would prevail in getting them restored for a later edition.

He said he believed that counterterrorism officers have an obligation to face squarely “where we made mistakes and let the American people down.” He added: “It saddens me that some are refusing to address past mistakes.”

A spokeswoman for the C.I.A., Jennifer Youngblood, said, “The suggestion that the Central Intelligence Agency has requested redactions on this publication because it doesn’t like the content is ridiculous. The C.I.A.’s pre-publication review process looks solely at the issue of whether information is classified.”

She noted that under the law, “Just because something is in the public domain doesn’t mean it’s been officially released or declassified by the U.S. government.”

A spokesman for the F.B.I., Michael P. Kortan, declined to comment.

The book, written with the assistance of Daniel Freedman, a colleague at Mr. Soufan’s New York security company, is scheduled to go on sale Sept. 12. Facing a deadline this week, the publisher, W. W. Norton and Company, decided to proceed with a first printing incorporating all the C.I.A.’s cuts.

If Mr. Soufan ultimately prevails in negotiations or a legal fight to get the excised material restored, Norton will print the unredacted version, said Drake McFeely, Norton’s president. “The C.I.A.’s redactions seem outrageous to me,” Mr. McFeely said. But he noted that they are concentrated in certain chapters and said “the book’s argument comes across clearly despite them.”

The regular appearance of memoirs by Bush administration officials has continued a debate over the facts surrounding the failure to prevent 9/11 and the tactics against terrorism that followed. In former Vice President Dick Cheney’s memoir, set for publication next week, he writes of the harsh interrogations that “the techniques worked.”

A book scheduled for publication next May by José A. Rodriguez Jr., a former senior C.I.A. official, is expected to give a far more laudatory account of the agency’s harsh interrogations than that of Mr. Soufan, as is evident from its tentative title: “Hard Measures: How Aggressive C.I.A. Actions After 9/11 Saved American Lives.”

Government employees who hold security clearances are required to have their books vetted for classified information before publication. But because decisions on what should be classified can be highly subjective, the prepublication review process often becomes a battle. Several former spies have gone to court to fight redactions to their books, and the Defense Department spent nearly $50,000 last year to buy and destroy the entire first printing of an intelligence officer’s book, which it said contained secrets.

The C.I.A. interrogation program sharply divided the C.I.A. and the F.B.I., whose director, Robert S. Mueller III, ordered agents to stop participating in the program after Mr. Soufan and other agents objected to the use of physical coercion. But some C.I.A. officers, too, opposed the brutal methods, including waterboarding, and it was their complaint to the C.I.A.’s inspector general that eventually led to the suspension of the program.

“The Black Banners” traces the origins and growth of Al Qaeda and describes the role of Mr. Soufan, 40, a Lebanese-American, in the investigations of the East African embassy bombings of 1998, the attack on the American destroyer Cole in 2000, 9/11 and the continuing campaign against terrorism.

Starting in May, F.B.I. officials reviewed Mr. Soufan’s 600-page manuscript, asking the author for evidence that dozens of names and facts were not classified. Mr. Soufan and Mr. Freedman agreed to change wording or substitute aliases for some names, and on July 12 the bureau told Mr. Soufan its review was complete.

In the meantime, however, the bureau had given the book to the C.I.A. Its reviewers responded this month with 78-page and 103-page faxes listing their cuts.