Declassified documents in the Central Intelligence Agency’s archives show that while the CIA was looking to include the Freedom Of Information Act in its war on leaks, the National Security Agency was seriously considering using the Espionage Act to target Puzzle Palace author James Bamford for using FOIA.
In the mid-’80s, stories started circulating around Washington about an investigation into an alleged Ku Klux Klan meeting at Central Intelligence Agency’s headquarters in Langley. While the Agency insisted that the whole thing was a “tasteless joke” that had gotten out of hand, the public was left with no choice but to take their word for it - the report containing the investigation’s findings was classified.
A set of Central Intelligence Agency documents originally marked CONFIDENTIAL and labeled “Initiatives to Deal with Leaks” outlines the recommendations of the CIA Director’s Security Committee for responding to the Intelligence Community’s ongoing leak problems. These recommendations included several notes about limiting the Agency’s exposure to FOIA, arguing that FOIA’s “climate of transparency” encouraged leaks.
Driven by its never-ending desire to have greater control of what information about its activities are made public, CIA drafted a SECRET report listing 126 things that the Agency could use to argue something was subject to the sources and methods protections. While the list has been used to help justify a number of FOIA withholdings, the list itself has been withheld … to protect the Agency’s intelligence sources and methods.
While the CIA had successfully thwarted the Government Accountability Office’s ability to audit the Agency by the early ’60s, the trouble brewing between the two were only beginning. These problems would only serve to further call into question the CIA’s good faith, as testimony and documents demonstrate that the Agency’s issue wasn’t with security concerns, but with the very concept of oversight.