http://www.fas.org/blog/secrecy/2008/04/the_olc_torture_mem.html Secrecy News from the FAS Project on Government Secrecy Tue, 24 Nov 2009 18:23:26 -0500 http://wordpress.org/?v=abc hourly 1 http://www.fas.org/blog/secrecy/2008/04/the_olc_torture_mem.html/comment-page-1#comment-1332 Hu Joy Wed, 23 Apr 2008 23:45:08 +0000 http://www.fas.org/blog/secrecy/?p=1720#comment-1332 Mr Leonard's discussion of "the binding technical requirements of classification," given in Executive Order 12958, as amended, would appear to have a strange relevance to the AIPAC case. In the AIPAC case it was agreed by all parties that the defendants only received information transmitted verbally. Thus, none of the classification requirements of E.O. 12958 could have been applied to that information. And if the defendants had no access to any of the required documentation, how is it possible for the government to claim they knew they had received classified information? This would appear to be another example of "classification by assertion." Mr Leonard’s discussion of “the binding technical requirements of classification,” given in Executive Order 12958, as amended, would appear to have a strange relevance to the AIPAC case. In the AIPAC case it was agreed by all parties that the defendants only received information transmitted verbally. Thus, none of the classification requirements of E.O. 12958 could have been applied to that information. And if the defendants had no access to any of the required documentation, how is it possible for the government to claim they knew they had received classified information? This would appear to be another example of “classification by assertion.”

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