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Editorial
See other Editorial Articles

Title: Ex-agent sues over CIA's editing of his book (Offered a University Position To Be Quiet)
Source: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/ar
URL Source: http://www.sfgate.com/cgi-bin/artic ... /MNGA6LNHB11.DTL&type=politics
Published: Oct 15, 2006
Author: Dana Priest, Washington Post
Post Date: 2006-10-15 11:31:02 by tom007
Keywords: None
Views: 109
Comments: 8

Ex-agent sues over CIA's editing of his book Author calls agency's 70-page redactions a violation of his First Amendment rights

Dana Priest, Washington Post

Sunday, October 15, 2006

* Printable Version * Email This Article

(10-15) 04:00 PDT Washington -- When Gary Berntsen sat down for dinner last year with the CIA's executive director, Kyle "Dusty" Foggo, the agency's No. 3 tried to talk him out of resigning from the National Clandestine Service. Foggo even offered him a university position as a placeholder until the CIA's new director, Porter Goss, could fix the broken personnel system and other issues that frustrated him, according to Berntsen.

But the Capital Grille meal quickly degenerated when Berntsen told Foggo that not only was he planning to resign but he intended to write a book about his experiences.

Foggo, according to Berntsen, stated flatly that Goss wanted no more books published by current or former CIA officials. Actually, according to a statement Berntsen filed last week in his ongoing lawsuit against the agency, Foggo's language was a little more colorful: "Mr. Foggo stated 'we will have no more books. I will redact the (expletive) out of your book so no one will want to read it.' ''

Berntsen, who worked in the agency's operations and paramilitary branches for 23 years and led a CIA team in Afghanistan, responded that such a move would be illegal. Hundreds of former officers had written books, including some directors. One recent retiree, Gary Schroen, had even written several chapters about Berntsen, referring to him as "Gary 2."

"I just told him I'm proceeding. I wasn't going to back down," Berntsen said in an interview last week. "It was very awkward."

Berntsen resigned, wrote his book and, as required, submitted "Jawbreaker: The Attack on Bin Laden and Al Qaeda: A Personal Account by the CIA's Key Field Commander" to the CIA's Publications Review Board, which redacted about five pages of the 400-plus-page manuscript. "They were very efficient and thoughtful," he said last week.

Then the board sent it to the Directorate of Operations, where Berntsen had worked, as is the practice. There, Berntsen contends, "Mr. Foggo made good on his word" and 70 pages were blacked out.

Berntsen's lawsuit, filed earlier this year in the U.S. District Court for the District of Columbia, asserts the CIA violated his First Amendment rights in redacting as much as it did.

His case rests, in part, on assertions that the information is virtually the same as information the PRB cleared for publication in a prior book by Schroen, or released upon the orders of then-Director George Tenet to Washington Post reporters Steve Coll and Bob Woodward, whose separate books included sections on the CIA's work in Afghanistan.

Berntsen thinks the CIA's aim was to make his book "unreadable, so few would purchase it."

Foggo declined comment through his attorney.

CIA spokesman Mark Mansfield said he could not comment on Berntsen's specific allegations. But in an e-mail response to questions, he said that "for former employees, the sole yardstick for pre-publication review has been -- and remains -- the simple requirement that their writings contain no classified information."

In papers filed in the court case, the CIA said Berntsen's unredacted draft "reveals intelligence sources, methods and activities, foreign government information, and information impacting U.S. foreign relations." The information "reasonably could be expected to cause serious damage to national security" and none of the information in question "has been officially disclosed," which would give it a level of credibility beyond that in nonfiction books by journalists.

The agency says the information is more detailed and covers a different period of time than information the agency released for Schroen's book.

Berntsen published his book, with the redactions, in late December 2005. Paperback editions are due out soon. If he wins back some redacted material, he plans to publish an updated edition. "I'm not walking away," he said. "You can't have your First Amendment rights stamped on."

Berntsen's complaints about the agency's publication review decisions are shared by a half-dozen former CIA employees who, in the past two years, have sued or publicly criticized the agency for withholding information they believed would not damage national security but would, perhaps, embarrass the CIA or the White House.

Berntsen said his legal appeal is being hampered because the CIA, with the court's approval, has refused to allow his lawyer, who is cleared to read some classified information, to see the unredacted text to prepare his case. Berntsen has had to prepare his own appeal, a 70-page rebuttal that documents, line by line, the previous publication of the information.

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Begin Trace Mode for Comment # 2.

#1. To: All, diana, robin, arator, skydrifter, tommythemadartist, itsallmosttoolate, mehitable (#0)

ping

They hate us for our freedoms.

tom007  posted on  2006-10-15   11:33:25 ET  Reply   Untrace   Trace   Private Reply  


#2. To: tom007 (#1)

They hate us for our freedoms.

True...

However when you accept employment with the government, there has always been restrictions, all of which you are made aware of.

Cynicom  posted on  2006-10-15   11:39:46 ET  Reply   Untrace   Trace   Private Reply  


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