Ogmundur Jonasson

The International Manhunt for WikiLeaks

One of the things DOJ is protecting from FOIA in Electronic Privacy Information Center’s suit is information other governments have shared with the US on the investigation.

According to FBI’s David Harvey, this includes classified information from foreign governments.

(45) E.O. 13526, § 1.4(b) authorizes the classification of foreign government information. E.O. 13526, § 6.1(s) defines foreign government information as: “(1) information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence; (2) information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or (3) information received and treated as ‘foreign government information’ under the terms of a predecessor order.”

(46) Many foreign governments do not officially acknowledge the existence of some of their intelligence and security services, or the scope of their activities or the sensitive information generated by them. The free exchange of information between United States intelligence and law enforcement services and their foreign counterparts is predicated upon the understanding that these liaisons, and information exchanged between them, must be kept in confidence.

(47) The release of official United States Government documents that show the existence of a confidential relationship with a foreign government reasonably could be expected to strain relations between the United States and the foreign governments and lead to diplomatic, political, or economic retaliations. A breach of this relationship can be expected to have at least a chilling effect on the free flow of vital information to the United States intelligence and law enforcement agencies, which may substantially reduce their effectiveness. Although the confidential relationship of the United States with certain countries may be widely reported, they are not officially acknowledged. (48) Disclosure of such a relationship predictably will result in the careful analysis and possible compromise of the information by hostile intelligence services. The hostile service may be able to uncover friendly foreign intelligence gathering operations directed against it or its allies. This could lead to the neutralization of friendly allied intelligence activities or methods or the death of live sources, cause embarrassment to the supplier of the information, or result in economic or diplomatic retaliation against both the United States and the supplier of the information.

(49) Even if the government from which certain information is received is not named in or identifiable from the material it supplies, the danger remains that if the information were to be made public, the originating government would likely recognize the information as material it supplied in confidence. Thereafter, it would be reluctant to entrust the handling of its information to the discretion of the United States.

(50) The types of classified information provided by foreign government intelligence components can be categorized as: (a) information that identifies a named foreign government and detailed information provided by that foreign government; (b) documents received from a named foreign government intelligence agency and classified “Secret” by that agency; and (c) information that identifies by name, an intelligence component of a specific foreign government, an official of the foreign government, and information provided by that component official to the FBI.

[snip]

(51) The cooperative exchange of intelligence information between the foreign governments and the FBI was, and continues to be, with the express understanding that the information will be kept classified and not released to the public. Disclosure of the withheld information would violate the FBI’s promise of confidentiality. Continue reading

Emptywheel Twitterverse
bmaz @nycsouthpaw Welp, whither Melgen may be the key question. Ante seriously upped against him. Does he hang tough or roll?
12mreplyretweetfavorite
bmaz Re: ECF/PACER RT @carlmalamud Redacted version of the Monday privacy breach notification to the courts. https://t.co/X1wGjI3IHs
18mreplyretweetfavorite
bmaz @dmataconis I miss Munch and Cragen far more than Stabler.
34mreplyretweetfavorite
bmaz Pennsylvania man uses chain saw to slay wife, then himself http://t.co/f0T4RtVeVk via @YahooNews
37mreplyretweetfavorite
bmaz RT @nycsouthpaw: If you don't steal $9 million from Medicare while importing foreign hotties, you probably don't need to keep a U.S. Senato…
39mreplyretweetfavorite
bmaz @hankdeanlight @yvonnewingett Welp, @DrEricMeyer is my Rep, and a pretty darn smart guy, so I believe him.
46mreplyretweetfavorite
bmaz @AllThingsHLS @EmergencyNet Sure, but when I use it that way, I am probably saying it in a, hopefully, pertinent sense.
47mreplyretweetfavorite
bmaz @AllThingsHLS @EmergencyNet My quick scan is that it's defensible by Menendez, but there is some real meat that a jury could easily bite on.
51mreplyretweetfavorite
bmaz RT @conor64: Writing at newspaper that litigated NY Times Company vs. U.S., Charles Blow casts corporations invoking 1st Amendment as new, …
54mreplyretweetfavorite
bmaz First they came for the churros......"Police Arrest 3 Women For Selling Churros in Union Square Subway Station" http://t.co/Lsr8uczpfz
58mreplyretweetfavorite
bmaz @AllThingsHLS @EmergencyNet Hey now, I stand by the veracity of that Menendez quip!
1hreplyretweetfavorite
JimWhiteGNV RT @lrozen: Historical negotiation: see Bloomberg's Jonathon Tirone, longest continuous for SoS since Camp David https://t.co/Q6hqr7HnoZ
1hreplyretweetfavorite
April 2015
S M T W T F S
« Mar    
 1234
567891011
12131415161718
19202122232425
2627282930