FISA Documents to be Released to Congress

It was announced on Wednesday that the Senate Judiciary Committee will be receiving secret government files that provide details of the domestic spying program. We have written extensively about the program here.[1]Delaware's Democrat Sen. Joe Biden Jr. and other select members of Congress will probably be the ones to review the documents that are currently held by the Foreign Intelligence Surveillance Court (FISA).[2]

Attorney General Alberto Gonzales issued a statement in advance of the documents release: “We obviously would be concerned about the public disclosure that may jeopardize the national security of our country. But we're working with the Congress to provide the information that it needs.” [3]Gonzales delayed releasing the information to the committee stating its release could jeopardize sensitive security information. [4] Further talks between the Bush administration and Congress reportedly led to the decision to release the records. [5]The administration was reluctant to release details of the national security program because once such documents are released they could be leaked to the media.[6]

On another national security note, House Republicans last week requested an investigation into Bill Clinton's national security adviser, Sandy Berger. [7]Berger was convicted in federal court of taking classified documents from the National Archives in 2003.[8] Removing classified documents is a crime under 18 U.S.C. § 1924, Unauthorized Removal and Retention of Classified Documents or Material. In order for one to be convicted of this statute, the government must prove beyond a reasonable doubt:(1.) That the defendant was, at the time of the alleged offense, an officer, employee, contractor, or consultant to the United States government;(2.) That the defendant willingly removed classified documents or materials without permission;(3.) That the defendant intended to retain such documents or materials at an unauthorized location.[9]

Ten GOP members of Congress would now like to find out whether documents were missing from the Clinton administration terrorism records.[10] Material taken by Berger allegedly included information relating to terror threats in the United States during the 2000 millennium celebration.[11]A spokesman for the House Armed Services Committee said: "It's important that the House conduct its own review to ensure there is a clear understanding of the facts, and sensitive and highly classified security information is not potentially compromised in the future." [12]

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[1] Rory Ryan, They Call it Classified for a Reason, The Times-Gazzette, February 2, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] 18 U.S.C. § 1924 (2005).
[10] Ryan, supra, note 1.
[11] Id.
[12] Id.