SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2006, Issue No. 122
December 1, 2006
Secrecy News Blog: http://www.fas.org/blog/secrecy/
Support Secrecy News:
http://www.fas.org/static/contrib_sec.jsp
** KILLING HABEAS CORPUS
** NEW FROM JASON
** NAVY MIND CONTROL
** OTHER ODDS AND ENDS
KILLING HABEAS CORPUS
Habeas corpus refers to the right of a person who has been detained by
the government to challenge his detention in a court of law.
Although the U.S. Constitution does not permit the suspension of
habeas corpus except in case of invasion or rebellion, last September
Congress did so anyway at the behest of the Bush Administration.
In a startling display of how easy it can be to disable even the most
elementary constitutional protections, Congress enacted the Military
Commissions Act of 2006, which would deprive suspected enemy
combatants held abroad of their ability to seek judicial review of
their status.
Proposed limits on habeas corpus were the subject of an intense and
contentious hearing before the Senate Judiciary Committee recently,
the record of which has just been published.
See "Examining Proposals to Limit Guantanamo Detainees' Access to
Habeas Corpus Review," Senate Judiciary Committee, September 25:
http://www.fas.org/irp/congress/2006_hr/habeas.html
Some of the more electric moments in the hearing were recounted in The
New Yorker this week in a profile of Sen. Arlen Specter, who
inexplicably condemned the proposed new restrictions on habeas corpus
and then voted in favor of them.
See "Killing Habeas Corpus" by Jeffrey Toobin, The New Yorker,
December 4:
http://www.newyorker.com/fact/content/articles/061204fa_fact
"In my view, [the Military Commissions Act] has dishonored our
Nation's proud history," said Sen. Christopher Dodd (D-CT), who
introduced legislation on November 16 that would repeal several of
the Act's provisions. See:
http://www.fas.org/irp/congress/2006_cr/dodd111606.html
NEW FROM JASON
The elite JASON defense science advisory panel, most of whose
deliberations and conclusions are classified, surfaced publicly for a
moment with two new releases.
One new JASON report addresses the feasibility of reducing Defense
Department dependence on fossil fuels.
"In light of an increasing U.S. dependence on foreign oil, as well as
rising fuel costs for the U.S. and the DoD, and implications with
regard to national security and national defense, JASON was charged
in 2006 by the DDR&E [Director, Defense Research and Engineering]
with assessing pathways to reduce DoD's dependence on fossil fuels."
A copy of the report was obtained by Secrecy News.
See "Reducing DoD Fossil-Fuel Dependence," JASON report JSR-06-135,
September 2006 (105 pages, 4.5 MB PDF):
http://www.fas.org/irp/agency/dod/jason/fossil.pdf
The second release is an unclassified summary of a JASON review of
plutonium aging in nuclear weapons, which found that most plutonium
weapon "pits" have "credible lifetimes of at least 100 years." This
important conclusion diminishes the case for any new nuclear weapon
development.
See the unclassified executive summary of the JASON report on "Pit
Lifetime" here (flagged by ArmsControlWonk.com):
http://www.nukewatch.org/facts/nwd/JASON_ReportPuAging.pdf
NAVY MIND CONTROL
U.S. Navy research on "mind control techniques" cannot be performed on
human subjects without the authorization of the Under Secretary of
the Navy, according to a new Navy Instruction.
"The Under Secretary of the Navy (UNSECNAV) is the Approval Authority
for research involving ... severe or unusual intrusions, either
physical or psychological, on human subjects (such as
consciousness-altering drugs or mind-control techniques)."
The nature and scope of any such Navy research could not be
immediately discovered.
See "Human Research Protection Program," Secretary of the Navy
Instruction 3900.39D, November 6, 2006 [at section 7(a)(2), page 9]:
http://www.fas.org/irp/doddir/navy/secnavinst/3900_39d.pdf
OTHER ODDS AND ENDS
U.S. Air Force policy on "information operations" -- which includes
electronic warfare, psychological operations, military deception,
counter-propaganda and more -- is described in a recently updated Air
Force Policy Document.
See "Information Operations," AFPD 10-7, 6 September 2006 (revised 8
Oct 06):
http://www.fas.org/irp/doddir/usaf/afpd10-7.pdf
The apparent involvement of the North Korean government in drug
trafficking and the implications of such activity for U.S. policy are
the subject of a newly updated report from the Congressional Research
Service (first reported by U.S. News and World Report).
See "Drug Trafficking and North Korea: Issues for U.S. Policy,"
updated November 27, 2006:
http://www.fas.org/sgp/crs/row/RL32167.pdf
Now that the 109th Congress is drawing to a close, the Senate Select
Committee on Intelligence has belatedly issued a report summarizing
its activities during the 108th Congress (2003-2004). See, if you
care to, "Committee Activities," Senate Report 109-360, November 16:
http://www.fas.org/irp/congress/2006_rpt/srpt109-360.html
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691




















