No Comment — April 29, 2010, 11:14 am

Justice Department Subpoenas Times Reporter

Charlie Savage at the New York Times reports:

The Obama administration is seeking to compel a writer to testify about his confidential sources for a 2006 book about the Central Intelligence Agency, a rare step that was authorized by Attorney General Eric H. Holder Jr. The author, James Risen, who is a reporter for The New York Times, received a subpoena on Monday requiring him to provide documents and to testify May 4 before a grand jury in Alexandria, Va., about his sources for a chapter of his book, State of War: The Secret History of the C.I.A. and the Bush Administration.

Curiously, the investigation does not involve disclosures about warrantless surveillance by the National Security Agency, which figured prominently in earlier threats raised by the Bush Administration against Risen, a Pulitzer Prize–winning national-security reporter, but rather disclosures about CIA efforts to undermine an Iranian nuclear program:

the agency sent a Russian nuclear scientist — who had defected to the United States and was secretly working for the C.I.A. — to Vienna in February 2000 to give plans for a nuclear bomb triggering device to an Iranian official under the pretext that he would provide further assistance in exchange for money. The C.I.A. had hidden a technical flaw in the designs. The scientist immediately spotted the flaw, Mr. Risen reported. Nevertheless, the agency proceeded with the operation, so the scientist decided on his own to alert the Iranians that there was a problem in the designs, thinking they would not take him seriously otherwise. Mr. Risen described the operation as reckless, arguing that Iranian scientists may have been able to “extract valuable information from the blueprints while ignoring the flaws.” He also wrote that a C.I.A. case officer, believing that the agency had “assisted the Iranians in joining the nuclear club,” told a Congressional intelligence committee about the problems, but that no action was taken.

The case is being handled by William Welch II, the former head of the Justice Department’s Public Integrity Section, who was forced to step down after managing a series of botched high-profile prosecutions, including those of former Alaska Senator Ted Stevens and former Alabama Governor Don Siegelman. Welch was cited for contempt of court by Judge Emmet Sullivan in connection with the Stevens case, after it became apparent that prosecutors had suppressed exculpatory evidence and had engaged in other misconduct. Sullivan later directed a criminal inquiry into the prosecution’s handling of the case. The Justice Department then reassigned Welch to handle a series of high-profile national-security cases, most prominently including one against a whistleblower at the National Security Agency.

A 1960 congressional committee looking into the nation’s security classifications called secrecy “the first refuge of incompetents.” It was obvious even then that national-security classifications are often used to protect government officials from having their stupidities exposed. There may be cases when it serves the public interest in national security to keep mistakes under wraps. But mistakes that are kept secret are more likely to be repeated, and those who commit them are more likely to advance to positions in which they can do more costly damage. The passages of the Risen book that are now being scrutinized by prosecutor Welch expose just that sort of embarrassingly inept behavior. The public’s security was in this case plainly served by disclosure, and the prosecution that is apparently being mounted is another gallant defense of the government’s right to keep its inept conduct secret not from foreign enemies but from the American public. Such steps make us dumber, weaker, and less safe.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Avian Voices·

= Subscribers only.
Sign in here.
Subscribe here.

“The mockingbird’s bath is an orgy of thrashing and writhing about. When he has finished, one of the innocents alights on the rim of the basin and looks with disbelief at the thimble of water remaining.”
Illustration by Eric Hanson
[Browsings]
Before the War·

= Subscribers only.
Sign in here.
Subscribe here.

“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery

Estimated cost of the environmental damage caused each year by the world’s 3,000 largest companies:

$2,200,000,000,000

Two thirds of U.S. teenagers experience uncontrollable rage.

Beekeepers began extracting 1 million honeybees living beneath the siding of a house in New York State.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today