Today, the Obama administration released a memo requiring reviews of overclassification and the current Controlled Unclassified Information (CUI)/ Sensitive but Unclassified (SBU) process.  The memo does not dictate any new procedures on how agencies must handle such designated material.  However, it does establish an interagency 90-day review process to advise the administration on actions it should take to advance on previous efforts to reform these problems.

Sen. Lieberman (I-CT) has submitted an amendment to the Supplemental Appropriations Act of 2009 which would withhold any “photograph relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States” if the Secretary of Defense certifies that the release of the photos could endanger citizens or the armed forces.   This incredibly broad statement could cover photos of all detainees captured in any future actions taken by the U.S. military.  If passed, these government records which belong to the people would no longer be available under FOIA.

President Obama has reversed his position on releasing photos of prisoners in Iraq and Afghanistan being abused while in US custody – now arguing that they could stoke anti-American sentiment and endanger U.S. troops.  It seems, however, that greater anti-American sentiment is provoked by conducting such abuses and then hiding the evidence.

In a blow to a key position held by the Bush and Obama administrations on executive branch power, an appeals court has ruled against the administrations on a major state secrets case.  On April 28, the 9th US Circuit Court of Appeals ruled that Boeing subsidiary Jeppeson DataPlan, which participated in flying suspected terrorists to foreign countries to be tortured as part of the CIA “extraordinary rendition” program, can be sued.