One more diversionary post before I delve into why the Administration is so worried about releasing a short phrase that, I suspect, acknowledges that George Bush’s September 17, 2001 Memorandum of Notification authorized the torture program.
National Security Advisor Jim Jones submitted a declaration supporting Administration efforts to keep the authorization behind the torture program secret
I want to reflect on what it means that then-National Security Advisor Jim Jones submitted a declaration–sometime in Fall 2009–to keep this short phrase hidden. The government revealed that, though without hinting at what Jones had to say, in the October 29, 2009 closed hearing with Judge Alvin Hellerstein.
MR, LANE . We think the first Issue before we get to documents is your Honor had asked us to specifically identify the second declarant. There is a second declaration in this case. And we wanted to put that on the record that that declaration is from James L. Jones, Assistant to the President for National Security and National Security Advisor,
AUSA Sean Lane then goes on to make clear that Jones’ declaration argues why Hellerstein should withhold the few word acknowledgment that the Memorandum of Notification authorized the torture program.
THE COURT: Both [Jones’ declaration and a second sealed one from CIA Associate Information Review Office Wendy Hilton] support the argument for maintenance of the redactions.
MR. LANE: Correct, your Honor. They both address what the government ties been calling “the Intelligence method” withheld from the two OLC memos, and the Court has been referring to as “The source of the CIA’s authority.”
So it’s not just that–as I inaccurately suggested the other day–that the CIA is trying to keep this short phrase noting that the President authorized the torture program secret. The National Security Advisor–for all intents and purposes, the President himself–is going to some lengths to keep that phrase secret as well.