[tw]

To justify wiretapping without judical review, senior administration officials declared that Americans have no expectation of privacy; that the Constitution provides no such protection. Meanwhile government, lead by a man who fears transparency, has different rights.

From the NY Times of 20 Feb 2006:

U.S. Reclassifies Many Documents in Secret Review
In a seven-year-old secret program at the National Archives, intelligence agencies have been removing from public access thousands of historical documents that were available for years, including some already published by the State Department and others photocopied years ago by private historians. ...

But because the reclassification program is itself shrouded in secrecy - governed by a still-classified memorandum that prohibits the National Archives even from saying which agencies are involved - it continued virtually without outside notice until December. That was when an intelligence historian, Matthew M. Aid, noticed that dozens of documents he had copied years ago had been withdrawn from the archives' open shelves. ...

After Mr. Aid and other historians complained, the archives' Information Security Oversight Office, which oversees government classification, began an audit of the reclassification program, said J. William Leonard, director of the office.

Mr. Leonard said he ordered the audit after reviewing 16 withdrawn documents and concluding that none should be secret. ...

Among the 50 withdrawn documents that Mr. Aid found in his own files is a 1948 memorandum on a C.I.A. scheme to float balloons over countries behind the Iron Curtain and drop propaganda leaflets. It was reclassified in 2001 even though it had been published by the State Department in 1996.

Another historian, William Burr, found a dozen documents he had copied years ago whose reclassification he considers "silly," including a 1962 telegram from George F. Kennan, then ambassador to Yugoslavia, containing an English translation of a Belgrade newspaper article on China's nuclear weapons program.

Under existing guidelines, government documents are supposed to be declassified after 25 years unless there is particular reason to keep them secret. While some of the choices made by the security reviewers at the archives are baffling, others seem guided by an old bureaucratic reflex: to cover up embarrassments, even if they occurred a half-century ago.

One reclassified document in Mr. Aid's files, for instance, gives the C.I.A.'s assessment on Oct. 12, 1950, that Chinese intervention in the Korean War was "not probable in 1950." Just two weeks later, on Oct. 27, some 300,000 Chinese troops crossed into Korea. ...

The document removals have not been reported to the Information Security Oversight Office, as the law has required for formal reclassifications since 2003.