CIA Argues The Public Can't See Classified Information It Has Already Leaked To Favored Reporters

Authored by Will Racke via The Daily Caller,

Intelligence officials can selectively release classified information to trusted journalists while withholding the same information from other citizens who request it through open records laws, CIA lawyers argued Wednesday.

In a motion filed in New York federal court, the CIA claimed that limited disclosures to reporters do not waive national security exemptions to Freedom of Information Act (FOIA) requests. Intelligence and law enforcement agencies frequently deny records requests on the basis of protecting sensitive national security information, one of nine exemptions written into the federal FOIA law.

The case stems from lawsuit against the CIA by New York-based independent journalist Adam Johnson, who had used FOIA to obtain emails between the agency’s public information office and selected reporters from the Wall Street Journal, the Washington Post and The New York Times. The emails the CIA provided to Johnson were redacted, leading him to question why he was not allowed to see the same information that had been given to uncleared reporters.

Johnson challenged the redaction in court, arguing that the CIA, once it has selectively disclosed information to uncleared reporters, cannot claim the same information is protected by a FOIA exemption.

The judge in the case appeared to find Johnson’ argument compelling. In a court order last month, Chief Judge Colleen McMahon of the Southern District of New York said FOIA laws do not authorize limited disclosure, to favored journalists or otherwise.

In this case, CIA voluntarily disclosed to outsiders information that it had a perfect right to keep private,” she wrote.

“There is absolutely no statutory provision that authorizes limited disclosure of otherwise classified information to anyone, including ‘trusted reporters,’ for any purpose, including the protection of CIA sources and methods that might otherwise be outed."

McMahon also said it didn’t matter if the journalists in question published the information they received, only if the CIA waived its right to deny the information.

The fact that the reporters might not have printed what was disclosed to them has no logical or legal impact on the waiver analysis, because the only fact relevant to waiver analysis is: Did the CIA do something that worked a waiver of a right it otherwise had?” she wrote, asking CIA lawyers to come up with a stronger defense for non-disclosure.

The CIA’s response on Wednesday centered on the contention that the information disclosed to favored reporters had not actually entered the public domain. As such, the limited disclosure did not constitute a waiver of the FOIA exemption, government lawyers said.

“The Court’s supposition that a limited disclosure of information to three journalists necessarily equates to a disclosure to the public at large is legally and factually mistaken,” the CIA motion stated. “The record demonstrates beyond dispute that the classified and statutorily protected information withheld from the emails has not entered the public domain.”

Selective disclosure of classified information to uncleared reporters is a fairly common practice recognized by Congress, which requires briefings by the CIA on such disclosures, according to Steven Aftergood, the director of the Federation of American Scientists’ Project on Government Secrecy. Johnson’s case, if decided in favor of the CIA, could end up ratifying the practice via the courts, Aftergood says.

Johnson has until March 1 to reply to the government’s motion, which asks for a summary judgement in favor of the CIA.

Another 'win' for The Deep State looms...


verumcuibono Giant Meteor Sat, 02/17/2018 - 19:55 Permalink

FOIA folly. DS cut that shit down back in the 80s.

CIA has infiltrated MSM for DECADES. Bernstein (also on CIA payroll despite All The President's Men narrative) wrote a great Rolling Stone piece suggesting 400+ on payroll @ WaPo and that was in '77.

In Congressional hearings former CIA Dir. Colby admitted to broad media infiltration - CBS, NYT, Newsweek, Time, AP, MANY others.

Operation Mockingbird strong as ever.

In reply to by Giant Meteor

GreatUncle stizazz Sun, 02/18/2018 - 06:50 Permalink

Everything to weaken their power will not be allowed so the best you got is to hold their current level of power and not let it grow. Their manipulation and abuse of power is what is driving the anger and anymosity so as they strive for more the rift in society will grow.

Voting rights are bollocks, it cannot stop them now, only a revolt will make a difference.

Just think peasants revolt changes things nothing else works against the entitled.

In reply to by stizazz

verumcuibono JimmyJones Sat, 02/17/2018 - 20:39 Permalink

Good question.

Propaganda is now legal in the USA for Domestic Consumption - Smith-Mundt Modernization Act of 2012,
Smith-Mundt modified in 2013, removing ALL COMPUNCTION

The Smith-Mundt Modernization Act of 2012, which was contained within the National Defense Authorization Act for Fiscal Year 2013 (section 1078 (a)) amended the United States Information and Educational Exchange Act of 1948 and the Foreign Relations Authorization Act of 1987, allowing for materials produced by the State Department and the Broadcasting Board of Governors (BBG) to be available within the United States. BBG dudes control ALL airways... remember that.


U.S. Repeals Propaganda Ban, Spreads Government-Made News
Jul 14, 2013   For decades, a so-called anti-propaganda law prevented the U.S. ... "from the Soviet Union where domestic propaganda is a principal government activity. ... the Smith-Mundt Modernization Act of 2012,

Smith–Mundt Act - signed into law by President Harry S. Truman on January 27, 1948. The U.S. Information and Educational Exchange Act of 1948 (Public Law 80-402), Since 1972, the act prohibits domestic access to information intended for foreign audiences. Prior to this, the United States Department of State ...

NDAA legalizes the use of propaganda

H.R. 6393, Intelligence Authorization Act for Fiscal Year 2017 seeks to crack down on websites suspected of conducting Russian propaganda and calling for the US government to "counter active measures by Russia to exert covert influence … carried out in  coordination with, or at the behest of, political leaders or the security services of the Russian Federation and the role of the Russian Federation has been hidden or not acknowledged publicly,” another, perhaps even more dangerous and limiting to civil rights and freedom of speech bill passed on December 8.

"Countering Disinformation and Propaganda Act" passed in the Senate, quietly inserted inside the 2017 National Defense Authorization Act (NDAA) Conference Report - marks a further curtailment of press freedom and another avenue to stultify avenues of accurate information - further chips away at press liberties in the US, and which sets the stage for future which hunts and website shutdowns, purely as a result of an accusation that any one media outlet or site is considered as a source of "disinformation and propaganda" and is shut down by the government. Introduced by Congressmen Adam Kinzinger and Ted Lieu, H.R. 5181 seeks a “whole-government approach without the bureaucratic restrictions” to counter “foreign disinformation and manipulation,” which they believe threaten the world’s “security and stability.”

Countering Information Warfare Act of 2016 (S. 2692), when introduced in March by Sen. Rob Portman, the legislation represents a dramatic return to Cold War-era government propaganda battles. - to counter foreign propaganda and disinformation by establishing an interagency center housed at the State Department to coordinate and synchronize counter-propaganda efforts throughout the U.S. government. To support these efforts, the bill also creates a grant program for NGOs, think tanks, civil society and other experts outside government who are engaged in counter-propaganda related work. This will better leverage existing expertise and empower local communities to defend themselves from foreign manipulation.

In other words, the Act will i) greenlight the government to crack down with impunity against any media property it deems "propaganda", and ii) provide substantial amounts of money fund an army of "local journalist" counterpropaganda, to make sure the government's own fake news drowns that of the still free "fringes."

So while packaged politely in a veneer of "countering disinformation and propaganda", the bill, once signed by Obama, will effectively give the government a full mandate to punish, shut down or otherwise prosecute, any website it deems offensive and a source of "foreign government propaganda from Russia, China or other nations." And since there is no formal way of proving whether or not there is indeed a foreign propaganda sponsor, all that will be sufficient to eliminate any "dissenting" website, will be the government's word against that of the website. One can be confident that the US government will almost certainly prevail in every single time.

In reply to by JimmyJones

Chupacabra-322 verumcuibono Sat, 02/17/2018 - 20:57 Permalink

To state the obvious; the CIA has deeply humiliated the American people in their attempt to tie the American people to be responsible for the CIA's crimes against humanity across the world.


The CIA appears to be the world's greatest threat to peace and prosperity. It is the penultimate terrorist organization, being the direct or indirect creator of all other terrorist organizations. It also appears to be the world's penultimate illegal drug smuggler and pusher making all other illegal drug trading possible and instigating the horrors of addiction and suffering around the world.


If I believed that the CIA was working in any way on behalf of the US government and the American people then it would be sad and shameful indeed. However, it is my belief that the CIA instead was captured long ago, as was the secret military operations and now works for a hidden power that wants to dominate or failing that, destroy humanity.


The Agency is Cancer. There should be no question about the CIA's future in the US.


Dissolved & dishonored. Its members locked away or punished for Treason. Their reputation is so bad and has been for so long, that the fact that you joined them should be enough to justify arrest and Execution for Treason, Crimes Against Humanity & Crimes Against The American People.


In reply to by verumcuibono

mc888 verumcuibono Sat, 02/17/2018 - 21:11 Permalink

Don't confuse Mockingbird with Smith-Mundt. As you point out, Smith-Mundt applied to State and BBG only.

Mockingbird has been operating since the 1950s and was never covered under Smith-Mundt. Probably because it *sshh* "didn't exist". At least not until the CIA started bragging about it on national TV in the 1970s.

In reply to by verumcuibono

verumcuibono mc888 Sun, 02/18/2018 - 00:33 Permalink

Like many other covert ops that evolved out of covert activities coming out of WWII, Operation Mockingbird was found to be SO DAMNED valuable and multi-purpose that they had to find a modern opportunity to legalize it. Similar to Patriot Act, FISC and FISA court...

The primary impetus for creating the NSAct and creation of the CIA, Army Air Force that then became separate Army and Air Force back in the 40s-50s revolved around and was in reaction to the UFO activity during WWII (look up Foo Fighters). There are over 13,000 military reports on UFO sightings primarily by military and NASA and commercial airline pilots. I can't imagine how many more are classified.

The UFO activity was infrequent until military powers started developing atomic weaponry and subsequent UFO activity initially was heightened around storage and plants and testing sites. The Germans thought these craft were either American or Russian, Russians thought they were German or American, etc... only after the war and when they actually got their hands on craft did they confirm they were alien.

After Operation Paperclip supplied the US with the best of Nazi scientists, physicists, CEOs, etc... a whole covert and not-so-covert research and funding system evolved primarily focused on reverse-engineering downed craft. Out of that, the MIC and MIIC and the USAPs and underground economy I've posted about multiple times - won't bore anyone with it.

People overlook the importance of the underground free energy and interstellar engineering economy as "conspiracy theory porn", which, ironically is a term coined by the CIA as part of the psych warfare psyops to support official narratives and stifle any objection or questioning. MSM has perfected this. Some amazing stuff can be found on the CIA website, btw.

But it has very likely driven just about everything we know today regarding the military, finance, and media. This covert research is very likely the reason the MIC is the most powerful entity with regard to military and finance and research. The MIC has literally taken over DC--been that way for a long time. And over past 3 decades, that now includes MIIC.

It's also likely why we're missing $50T+…

And WHY is a whole other spectacular rabbit hole. I invite you all...

In reply to by mc888

veritas semper… verumcuibono Sat, 02/17/2018 - 21:32 Permalink

Udo Ulfkotte was a German journalist. He died last year. He worked for Frankfurter Allgemeine Zeitung .

He gave an interview in which he said: EVERY journalist of any importance in the WESTERN MEDIA is on the See Eye Ayy payroll.

He said that he had no family,is sick and is not afraid anymore to tell the truth. He said that sometimes he did not even write the article,it was delivered to him and he signed it. Or he was told what to write.

His book"Journalists for hire: How the CIA buys the news" was a bestseller in Germany.…

In reply to by verumcuibono

verumcuibono veritas semper… Sun, 02/18/2018 - 00:43 Permalink

YES! I've never read that book but I have read multiple articles about Ulfkotte. He's often cited as a credible source for CIA-mongering in MSM. Fascinating story. Sad. Terrifying.

Here are two other articles I thought were good:……

In reply to by veritas semper…

JSBach1 verumcuibono Sat, 02/17/2018 - 22:07 Permalink

Domestic Propaganda in-and-of-itself is not enough in this digital age, not without demonizing, marginalizing, and ultimately silencing any dissenters, by any means necessary. Alas, a monotonous domestic propaganda braodcast from every mountaintop through every valley primed for the unscrutinizing ear...

and thus the opening salvo in the ongoing war on dissention had begun to teach its subjects that authority is theirs alone to hold and decrees are final and subject to no challenges:…

In reply to by verumcuibono

Give Me Some Truth Stan522 Sun, 02/18/2018 - 07:23 Permalink

Again, why does so much of the work of government employees (servants of the public) have to be "classified?"

Why is all this spy craft even needed?

What's the argument here, that if we didn't have all these state secrets and never-ending spy craft, America would have been attacked many more times by multiple actors by now?

Who the hell is going to invade/attack America and who really thinks these people are preventing these attacks? They want us to think this. They need us to think this. It's all BS. They know it is BS, which is why they are so opposed to transparency and any disclosures that show what they really do behind the curtain. They are in the business of hyping "threats."

In reply to by Stan522

peopledontwanttruth LetThemEatRand Sat, 02/17/2018 - 20:03 Permalink

Good comment

With the Jews owning all the media practically and the nation that's mentioned throughout their history of false prophets.   

Prophets in biblical times didn't always refer to someone with a vision but rather one who gave political advice to manuipulate the masses.  

Wondering if the Jewish ran media isn't the false prophet of Revelation 

just throwing a thought out there 

In reply to by LetThemEatRand

verumcuibono BarnacleBill Sat, 02/17/2018 - 20:44 Permalink

"Polls" suggest that 40% don't trust the media. But what those polls don't really articulate is that this means that the Dems don't trust Fox and the R's don't trust CNN. That means shit.

Our job is to help people understand that 96% of mainstream media is owned by only 5 entities, tied to 3 people.

That's not free press, that's fascist controlled propaganda. They own BOTH sides. They don't care whose side you're on as long as you click and pay and HATE and burrow the divide deeper. Division, distraction, disinformation = a stupid public who doesn't see what the other hand is doing. And they have no obligation to fact or truth.

And this is why:

In reply to by BarnacleBill

nmewn peopledontwanttruth Sat, 02/17/2018 - 20:08 Permalink

"The case stems from lawsuit against the CIA by New York-based independent journalist Adam Johnson, who had used FOIA to obtain emails between the agency’s public information office and selected reporters from the Wall Street Journal, the Washington Post and The New York Times."

Now wait for it...

"The emails the CIA provided to Johnson were redacted, leading him to question why he was not allowed to see the same information that had been given to uncleared reporters."

Got that? Unredacted emails to WSJ, WaPo & the "Gray Lady" were redacted before given to another journalist who had to avail himself of FOIA to even get that.

Now, it would behoove us to all understand that this is not the same as a federal prosecutor like say, an Andrew Weissmann intentionally withholding exculpatory evidence from defense counsel in order to get his conviction. 

This is moar along the lines of say, the CIA using a fawning Alinsky press corps reporters at the WSJ, WaPo & NYT's to intentionally mislead the public and...not wanting to show the public what they were misled on ;-)

In reply to by peopledontwanttruth

nmewn Giant Meteor Sat, 02/17/2018 - 20:45 Permalink

They out themselves in multiple ways, sometimes unintentionally through gross incompetence. 

In that regard was Flynn.

As soon as it popped up in the nuuuz yours truly was saying...well now, isn't that interesting!!! 

There is ONLY WAY they could know this and not be sued for slander. A federal wiretap. And..."someone" has even committed a felony by unmasking Flynn. Simply delicious. 

Then of course we had to do the whole song & dance with Obama spokespeople, the Alinsky media & Clapper etal denying any wiretap at all. 

But now we all know da trooof ;-)

In reply to by Giant Meteor

LetThemEatRand junction Sat, 02/17/2018 - 20:02 Permalink

It is the gas-lighting of statements like "Democracy dies in darkness" that is so hard to swallow.  I imagine in NK the people are told daily they are traitors if they don't believe that Kim is a living God.  But the American version is far more effective because it has all of the trappings of legitimacy, complete with "competing" ideologies among the likes of say Fox vs. MSNBC.  I hand it to TPTB for creating such an effective matrix.

In reply to by junction