Jason Leopold Profile picture
Sep 6 9 tweets 3 min read
Chipping away at government secrecy one sentence at a time, even if it takes 7 years. A #FOIA 🧵

In April 2015, I filed a #FOIA request w/CIA & then sued the agency for all docs footnoted in the Senate Intel Committee's report on the CIA torture program

1/
CIA turned over 1000s of pages to me. But there were many CIA withheld related to Abu Zubaydah, the agency's 1st high value detainee and the guinea pig for the post 9/11 program

Last Dec, CIA finally relented & turned over some of those docs to me

2/
documentcloud.org/documents/2227…
Having waited nearly 7 years for these records I was outraged that CIA continued to withhold a bunch of records I requested even though much about Abu Zubaydah's torture had been disclosed publicly.

So I appealed (ALWAYS APPEAL)

3/
Over the weekend, CIA responded to the #FOIA appeal I filed last December.

The agency decided to release one more page of the Abu Zubaydah docs to me -- an email, which is heavily redacted.

Still, this is an important email.

4/
This email is dated March 29, 2002, one day after Abu Zubaydah was captured in Pakistan

The person cc'd on it is John Rizzo, a CIA lawyer who died in August 2021.

The CFR 2340 ref in the single unredacted sentence is related to the legal definition of torture

4/
This shows the very early origins of the interrogation/torture plan for Abu Zubaydah that CIA lawyers and contractors cooked up.

5/
This will be meaningless to the vast majority of people who follow me but this is a missing puzzle piece & much of the work I do around the FOIA & docs is about solving puzzles and putting pieces back together

So I'm extremely happy I appealed & won the release of more info

6/
FOIAing the intel agencies is painstaking and tedious work that requires a tremendous amount of patience.

For decades, CIA kept changing the timeline around it's discussions about torture & whether what Abu Zubaydah was subjected to met the legal definition of it

7/
This single sentence in an email that is more than 20 years old that took me more than 7 years to pry loose is one more piece to the puzzle I have been trying to put together

I'll continue to chip away at the secrecy

8/8

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More from @JasonLeopold

Aug 23
John Solomon is quoting a letter acting Archivist Debra Wall sent Trump's atty stating presidential records retrieved earlier this year from MAL included "Special Access Program materials," which are highly classified & sometimes refer to black projects
justthenews.com/politics-polic…
Also John Solomon refers to Trump as "the man Joe Biden beat in the 2020 election"
This is quite a damning letter.

justthenews.com/government/cou…
Read 4 tweets
Aug 20
NEW: In her spare time, historian Colleen Shogan writes political mysteries such as one titled "Larceny at the Library." On Aug 3, Biden tapped her to be 1sr woman to head NARA. 5 days later FBI searched MAL

Shogan now faces a hostile path to confirmation
bloomberg.com/news/articles/…
The previous Archivist of the US, David Ferriero, retired in late April. A confirmation hearing for Shogan hasn’t been scheduled yet.

NARA sparked the DOJ probe that led to the the FBI search of MAL when staffers found classified docs in presidential records retrieved this year
The White House said im a written statement to Bloomberg News Shogan “is well-qualified to be the next Archivist of the United States and we hope that the Senate will quickly take up her nomination and confirm her.”
Read 5 tweets
Aug 14
For a good chunk of Trump's presidency, there was a flurry of correspondence between the White House & NARA about the preservation of presidential records & adherence to the PRA & WH counsel circulated memos about following the law

1/
In March 2017, Sens McCaskill & Carper wrote to Archivist David Ferriero asking whether NARA was aware of any efforts to skirt the PRA. Ferriero responded that his staff provided a briefing to Trump WH staffers on the PRA.

2/

archives.gov/files/press/pr…
In October 2017, Stefan Passantino circulated a PRA compliance reminder around the WH and he noted: "Failure to abide by these requirements may lead to administrative penalties. The willful destruction or concealment of federal records is a federal crime."

3/
Read 11 tweets
Aug 12
The type of classified national security information protected under EO 13526 is wide-ranging: military plans, weapons systems, or operations; foreign government information; intelligence activities (including covert action), intelligence sources or methods, or cryptology;

1/
foreign relations or foreign activities of the United States, including confidential sources; scientific technological, or economic matters relating to the national security; U.S. Government programs for safeguarding nuclear materials or facilities;

2/
vulnerabilities or capabilities of systems, installations, infrastructures, projects, or plans or protection services relating to the national security; or development, production, or use of weapons of mass destruction.

3/
Read 4 tweets
Aug 11
Funny story. In March, I filed a #FOIA request w/Secret Service for docs abt Trump pres. records stored at Mar a Lago

On July 1, I sued Secret Service (& other agencies)

A day after FBI searched Mar a Lago, Secret Service responded to my request

*No responsive docs LOL

1/
BUT WAIT! Secret Service didn't conduct a complete search and claimed that 3 parts of my request fell under the purview of NARA.

So I reached out. My query was escalated...

2/
Secret Service must have quickly drafted that response and second letter because they reached out a short time later and sent me a third letter...

3/
Read 4 tweets
Aug 5
NEW: 8 friggin years ago, I filed a #FOIA request w/NSA for docs used at a presentation the agency gave at Purdue University where NSA was trying to shore up its image after the Snowden leaks

NSA *just* responded & turned over a slide deck. Let's take a look at some

🙄

1/
NSA personnel are friendly and cool and play guitar

2/
NSA is a good neighbor

3/
Read 11 tweets

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