Judge Sullivan Rejects DOJ’s Expansive Claims to Protect Cheney Interview
Judge Sullivan has rejected DOJ’s most expansive claims they used to try to protect Dick Cheney’s CIA Leak case interview.
I am reading this now for more detail, but the key graph is this one.
For the reasons stated above, the Court concludes that the agency has met its burden of demonstrating that certain limited information was appropriately withheld from disclosure to protect the well-recognized deliberative process and presidential communications privileges under Exemption 5, personal privacy under Exemptions 6 and 7(C), and national security interests under Exemptions 1 and 3. The Court cannot, however, permit the government to withhold the records in their entirety under Exemption 7(A) on the basis that disclosure might interfere with some unidentifiable and unspecified future law enforcement proceedings. The purpose of Exemption 7(A) is to protect specific ongoing or reasonably anticipated law enforcement proceedings. There are no such proceedings at issue here. Neither congressional intent nor well-established precedent supports the application of the exemption under the circumstances in this case, and the Court declines the government’s invitation to create a new, per se FOIA exemption for any and all law enforcement interviews involving high level White House officials. Accordingly, the Court GRANTS IN PART AND DENIES IN PART the parties’ cross-motions for summary judgment. An appropriate Order accompanies this
I suspect this will still shield the key information about whether or not Bush authorized Cheney to leak classified information–up to and including Plame’s identity.
I’ll confirm that after I’ve read more carefully.
Update: Here’s Sullivan’s order. He’s ordering DOJ to turn over a redacted document by October 9. It seems that Sullivan has permitted DOJ to shield everything listed under the CIA and DOJ declarations, which will shield whether or not Bush explicitly authorized Shooter and Scooter to go leaking classified information to shut Joe Wilson up.
“You can’t handle the truth!”, is that it?
Depends on who the “you” is. We can handle the truth. It’s among the Powers that Be that the truth is too hot to handle. I guess they’re the “you”.
Or,depending upon who the Yoo is.
Thnx so much. I needed that.
so cheney still gets protection
there might be other information that’s important though,
well, we know that shooter and scooted DIDN’T shut joe wilson up, so …
what a wicked net we weave …
and shooter has more problems today
denounced by a Marine Corps General
that’s gotta hurt
Ha, like he gives a flying f about that
So DOJ has 8 days to appeal this? and who do they appeal it to, SCOTUS?
They earlier said they would appeal this. But I suspect they won’t (as I say in my next post on this).
We know that Obama likes to make compromises rather than risk any precedent that would curtail executive power, unless the case is really really important (like Jeppesen or al-Haramain). This is why they’re settling Horn after 15 years.
So the question is, how important is keeping Cheney’s interview secret to them? Given that they’ve succeeded in protecting the most inflammatory stuff, I’m guessing they don’t appeal.
Do we have the CIA and DOJ declarations on the subject matter that they want to redact? (He asked with a really rather desperate, clingy optimism.)
Never mind, EW lists them immediately upstairs. (Anticipating the obvious questions as always.)