On Jan. 24, 2003, a new law enforcement and investigatory agency whose duties include functions taken from as many as 22 other federal agencies came into existence. The reorganization of these operations reportedly marks the biggest government bureaucratic shake-up since the creation of the Department of Defense half a century ago.
Even before the new Department of Homeland Security opened its doors, controversies arose over not just how it would operate and exercise its powers, but what level of access to information it would allow, and how it would respond to news media requests. Will new exemptions be carved out of the FOI Act, either by law or by practice? Will officials and agents feel free to tap phones of journalists, or subpoena their records during investigations? Will the new director consider procedural safeguards, like those adopted years ago by the Department of Justice, to ensure that freedom of the press will not be denied? And will those practices be followed?

But "homeland" security is not the only concern for journalists covering anti-terrorism initiatives; military actions abroad often present a greater challenge, as questions over disclosure of information, access to troops, and restraints on reporting seem to resurface anew with each conflict.

Questions and issues like these led the Reporters Committee to launch this "weblog," so that there will be a centralized site on the Internet for journalists who want to follow these issues and pass along information they learn while covering — or worse, being covered by — the new department and other anti-terrorism actions. Please submit comments and pass along tips to make this project as useful, thorough and up-to-date as possible.

A few words about what this project will not do. We do not intend to cover many of the issues that will undoubtedly come up as the Department takes shape, even if those issues are the ones generating headlines. We will cover information access and free press issues, but will not follow debates over many civil liberties issues that, while important, are outside of our domain.

Funding for the launch of this site was provided by The Robert R. McCormick Tribune Foundation.

Jan. 31, 2007

DEPARTMENT OF JUSTICE WILL GIVE SECRET WIRETAPPING DOCUMENTS TO CONGRESS. Documents related to warrantless domestic wiretapping held by the Foreign Intelligence Surveillance Court will be turned over to two members of the Senate Judiciary Committee, Attorney General Alberto Gonzales announced today, appearing to back down from a dispute over the issue. The documents will not be released publicly. — Posted at 5:17 pm

JUDGE DENIES MOTION FOR HEARING ON AIPAC LEAKS. A judge overseeing the espionage case of two former lobbyists for the American Israel Public Affairs Committee has denied a motion to hold a hearing on leaks to the press during the investigation. U.S. District Judge T.S. Ellis III ruled that the defense could not prove there was a violation of court rules because the information in the media reports appeared to come from the law enforcement investigation, not from the grand jury. — Posted at 10:52 am

WASHINGTON POST DROPS LAWSUIT SEEKING CHENEY VISITOR LOGS. The Washington Post has dropped a Freedom of Information lawsuit that sought access to the names of visitors to Vice President Dick Cheney and his staff members. Post attorney Eric Lieberman said other lawsuits were well positioned to test this issue, and that a "fundamental goal" of the paper's litigation, getting the visitor logs before the 2006 election, had been thwarted. The paper had won order from a federal district court judge prior to the November elections to have the records turned over. However, an appellate court blocked that release while it reviewed the lower court's ruling, preventing the Post 's attempts to shed light on which lobbyists were visiting Cheney and his staff. — Posted at 10:50 am

Jan. 30, 2007

MARINES ORDER INVESTIGATION INTO HADITHA LEAK. The top general at Camp Pendleton, Calif., called for an investigation into the disclosure of information from a military investigative file on the Haditha killings to The Washington Post, which printed previously unreleased photos and details in a January article. Attorneys for the Marines charged in the deaths of 24 Iraqi civilians had criticized the leak and called for the investigation. — Posted at 5:57 pm

MILLER'S TRIAL TESTIMONY CONTRADICTS LIBBY'S STATEMENTS TO INVESTIGATORS. Former New York Times reporter Judith Miller testified today that she and Lewis ''Scooter'' Libby first discussed the identity of CIA operative Valerie Plame on June 23, 2003; Libby previously told investigators that he first learned of Plame's undercover status on July 10, 2003 from NBC's Tim Russert. Russert is also expected to be called as a prosecution witness in Libby's ongoing perjury and obstruction of justice trial. — Posted at 4:36 pm

JUDITH MILLER SCHEDULED TO TESTIFY IN LIBBY TRIAL TODAY. Former New York Times reporter Judith Miller is set to testify today in the perjury trial of Lewis "Scooter" Libby. Miller has said that she met with Libby three times during the summer of 2003 and that each time, Libby mentioned former CIA operative Valerie Plame. Miller spent 85 days in prison in 2005 for refusing to testify about her conversations with Libby. — Posted at 11:01 am

Jan. 29, 2007

LIBBY TRIAL SHOWCASES "BACKSTAGE WORLD" WHERE SECRECY RULES ARE IGNORED. While the Bush administration has fervently argued the critical nature of secrecy in national security matters to the public, testimony at the perjury trial of Lewis "Scooter" Libby suggests a "backstage world inside the government" where rules regarding secrecy are frequently ignored. Testimony has revealed that CIA officials were rather casual about revealing former CIA agent Valerie Plame's identity to White House officials, and in turn, White House officials were equally casual in their conversations about Plame with reporters. — Posted at 1:32 pm

Jan. 26, 2007

NEW YORK TIMES LAWSUIT GETS MORE 9/11 EMERGENCY CALLS RELEASED. A lawsuit by The New York Times and several victims' families has resulted in the release of 19 additional emergency calls placed during the September 11 attacks. This is on top of the 1,600 previously withheld calls released in August. — Posted at 5:39 pm

GOVERNMENT ASKS COURT TO THROW OUT EAVESDROPPING SUIT. The Justice Department has asked a federal appeals court to drop as moot a lawsuit challenging its secret eavesdropping program now that it says a secret intelligence court will oversee its wiretapping. The American Civil Liberties Union, which has sued the government over the program, says that without a court order, government officials are "free to return to its illegal conduct again." A hearing in the case is scheduled for next week. Meanwhile, the New York Times reports that the Bush administration has employed extraordinary secrecy in defending the National Security Agency's highly classified domestic surveillance program from civil lawsuits. Plaintiffs and judges' clerks cannot see its secret filings, and judges have to make appointments to review them and are not allowed to keep copies. — Posted at 2:12 pm

AIDE SAYS CHENEY DIRECTED LIBBY'S CONVERSATIONS WITH REPORTERS. Catherine J. Martin, former press aide to Vice President Dick Cheney, testified Thursday at Lewis "Scooter" Libby's perjury trial that Cheney himself dictated "talking points" for both Libby and other staffers to use when talking to reporters about former ambassador Joseph Wilson and his wife, CIA agent Valerie Plame. Martin testified that Cheney personally directed the effort to discredit Wilson through these conversations with reporters. — Posted at 10:37 am

Jan. 25, 2007

CIVIL LIBERTIES BOARD WON'T RELEASE DOCUMENTS ON WARRANTLESS WIRETAPPING. The White House Privacy and Civil Liberties Board had declined a FOIA request by Wired magazine for documents board members had received related to the administration's warrantless domestic wiretapping program. The board said release would inhibit discussion of board members and was not "in the public interest." — Posted at 10:51 am

Jan. 23, 2007

IN OPENING STATEMENT, FITZGERALD SAYS LIBBY DIDN'T GET INFORMATION FROM REPORTERS In his opening statement at I. Lewis "Scooter" Libby's perjury trial today, Special Prosecutor Patrick Fitzgerald alleged that Libby blatantly lied and intentionally destroyed a written note that showed Libby learned about Valerie Plame's identity from Vice President Dick Cheney and not, as Libby told FBI investigators, from reporters. Libby's attorneys plan to argue that Libby didn't lie, but instead merely misspoke because he was so preoccupied with national security matters. — Posted at 1:44 pm

Jan. 22, 2007

THE NEW YORK TIMES ATTEMPTED TO USE RARE DOCTRINE IN HATFILL CASE. In a rare legal tactic, the New York Times invoked the "state secrets" doctrine in a sealed motion to dismiss the libel suit brought against it by Steven J. Hatfill, the former Army scientist who says he was erroneously linked by the Times to the 2001 anthrax attacks. The case was dismissed on other grounds on January 12. — Posted at 3:17 pm

REPRESENTATIVE CRITICIZES FBI'S HANDLING OF LEAK INVESTIGATIONS. Rep. Tom Davis (R-Va.) has written a letter to Attorney General criticizing the FBI's handling of investigations into leaks of classified information after a recent report that other government agencies were not cooperating with the bureau. "The FBI holds itself out as the premiere investigative agency for the United States. As such, I find it hard to believe the FBI closes espionage leak investigations simply because another agency refuses to cooperate," Davis wrote. — Posted at 2:52 pm

REPORTERS TO TESTIFY FOR PROSECUTION AT LIBBY TRIAL. Reporters from major news organizations will testify for the prosecution at I. Lewis "Scooter" Libby's perjury and obstruction of justice trial in the coming weeks. The reporters are expected to address certain 2003 conversations with Libby, many of which were confidential to some extent, regarding the identity of former CIA agent Valerie Plame. — Posted at 2:31 pm

Jan. 19, 2007

ADVOCACY GROUP SEEKS PROTECTION FOR REPORTERS. Reporters Without Borders urged Iraqi leaders to improve efforts to protect journalists and bring those responsible for recent slayings to justice. Six journalists and media workers were killed in less than a week, including four staffers of the government-run Al Sabah. — Posted at 4:55 pm

Jan. 18, 2007

NEW MANUAL SAYS DETAINEES CAN BE CONVICTED BASED ON HEARSAY. The Pentagon is set to release a manual for upcoming secret detainee trials that allows terror suspects to be convicted, imprisoned and even executed on hearsay evidence and coerced testimony. After obtaining a copy of the manuel, The Associated Press also reported that a suspected terrorist's lawyer cannot reveal classified evidence in the person's defense until the government has a chance to review it. — Posted at 5:56 pm

Jan. 17, 2007

COURT TO MONITOR ELECTRONIC SURVEILLANCE PROGRAM The Justice Department announced today that the Foreign Intelligence Surveillance Court will now have the authority to monitor the government's controversial electronic surveillance program. The Bush administration launched the once-secret program in 2001 to track phone calls and e-mails - both to and from the U.S. - of people with suspected terrorist ties. — Posted at 3:57 pm

PENTAGON OFFICIAL APOLOGIES FOR CRITICIZING LAWYERS REPRESENTING DETAINEES. Charles "Cully" Stimson, a Pentagon lawyer in charge of alleged terrorist detainees, expressed regret for condeming law firms that represent detainees in a ltter to the editor in today's Washington Post. His previous remarks were criticized by many lawmakers, activists, law school professors, and others. Several groups have demanded that he resign. A Pentagon spokesman said that Stimson's original comments "do not reflect the department's position." — Posted at 10:36 am

ATTORNEYS SEEK INVESTIGATION INTO LEAK OF HADITHA FILE. Lawyers for a Marine who has been charged in the deaths of Iraqi civilians in Haditha have asked the military to investigate the disclosure of an investigation into the deaths to The Washington Post, which published previously undisclosed photos and information from the file this month. — Posted at 10:35 am

Jan. 16, 2007

PENTAGON OFFICIAL CRITICIZES NATION'S TOP LAW FIRMS FOR REPERESENTING GITMO DETAINEES. The senior Pentagon official in charge of alleged terrorist detainees in an interview this week attacked law firms for representing prisoners at Guantanamo Bay, Cuba, and suggested that the firms' corporate clients should consider ending their business ties. — Posted at 6:17 pm

MILITARY EXPANDS ITS ROLE IN DOMESTIC INTELLIGENCE GATHERING. The military and the CIA have expanded their roles in domestic intelligence gathering through the use of "noncompulsory" national security letters. These letters have been used to gain various financial records on suspected terrorists, The New York Times reports. Only the FBI has the authority to issue "mandatory" national security letters, but financial institutions are cooperating with the non-mandatory military versions. — Posted at 11:35 am

CIVILIANS IN IRAQ COULD BE SUBJECT TO MILITARY TRIALS. A new law meant to increase standards for war contractors by subjecting them to military law could affect embedded journalists and other civilians accompanying U.S. forces in the field, The Washington Post reports. The provision, which was slipped into a spending bill last year, is a response to criticism that government contractors rarely are charged for their actions, even after evidence surfaced that they mistreated prisoners or fired on American troops. Legal observers worry that commanders could use the military code to pressure reporters who are writing unfavorable stories. — Posted at 11:33 am

LIBBY TRIAL BEGINS TODAY. Josh Gerstein of The New York Sun has an extensive explanation of the issues and players in the I. Lewis "Scooter" Libby trial, which begins today. Libby faces five charges, including perjury, obstruction of justice and making false statements to the FBI. — Posted at 11:32 am

Jan. 10, 2007

MEMOS: LACK OF COOPERATION HAMPERED FBI LEAK INVESTIGATIONS. A lack of cooperation among intelligence agencies prompted the FBI to drop investigations into the disclosure of classified information to journalists, The New York Sun reports, using heavily redacted documents released as part of reporter Josh Gerstein's Freedom of Information Act lawsuit. The main reason for dropping the investigations, Gerstein reports, is that the information in question is so widely distributed that it is difficult to focus on suspects. The FBI recently told a federal judge that 22 of 94 files regarding recent leak investigations are missing. — Posted at 11:20 am

Jan. 9, 2007

FORMER GUANTANAMO NAVAL OFFICER FACES COURT MARTIAL. Lt. Cmdr. Matthew M. Diaz, a Navy lawyer charged with passing secret information about Guantanamo Bay detainees to an unauthorized person, was ordered on Monday to face a court-martial. — Posted at 1:58 pm

Jan. 8, 2007

WHITE HOUSE AND SECRET SERVICE AGREED TO KEEP VISITOR LOGS FROM PUBLIC. Bush Administration lawyers are using an internal legal memo to thwart an attempt by The Washington Post to obtain access to Secret Service logs of visitors to Vice President Dick Cheney and his senior staff. The legal memo is an agreement between the White House and the Secret Service decreeing that records identifying visitors to the White House complex are not public. The agreement was struck in Spring 2006 as the Jack Abramoff scandal was unfolding. — Posted at 5:00 pm

Jan. 5, 2007

AP STAFFER FOUND SHOT TO DEATH IN IRAQ. The body of a messenger and occasional cameraman for The Associated Press was found in Baghdad on Friday, six days after his wife reported him missing. Ahmed Hadi Naji, 28, was found shot in the back of the head, the AP reported. He is the fourth AP staffer to die violently in the Iraq war. — Posted at 5:17 pm

BOTH SIDES IN LIBBY TRIAL BOTH PLAN TO CALLED JOURNALISTS AS WITNESSES More than ten reporters could be called to testify in the upcoming perjury and obstruction of justice trial of I. Lewis "Scooter" Libby, and it is likely that the reporters will be called as witnesses for both sides. Prosecutors have said that they want to use the journalists' testimony to show that Libby lied to investigators about his conversations about CIA officer Valerie Plame. — Posted at 12:11 pm

AP: DISPUTED SOURCE FACES ARREST FOR TALKING TO MEDIA. The Associated Press reports that Capt. Jamil Hussein, a source for several AP stories from Iraq whose existence has been questioned, does exist and now faces arrest for speaking to the press. The U.S. military and Iraq's Interior Ministry first questioned Hussein's existence in November when he was cited as a source in an AP story relating the immolation of six people during an attack on a Sunni mosque, an account the military and Iraqi ministry disputed. A ministry spokesman confirmed Hussein's identity Thursday, AP reports, and said an arrest warrant had been issued for Hussein for having unauthorized contact with the media. — Posted at 10:56 am

Jan. 4, 2007

REPORTER SAYS PAKISTANI AGENTS ASSAULTED HER. New York Times correspondent Carlotta Gall said she was attacked by Pakistani security agents while reporting near the Afghan frontier, where the Taliban is suspected of hiding its shadow government. Gall said agents broke down the door to her hotel room, seized her notebooks and laptop computer and punched her in the face and head. Gall told ABC News the agents also detained a freelance Pakistani photographer working with her for more than five hours. — Posted at 10:20 am

Jan. 3, 2007

ACLU LAWSUIT FORCES U.S. GOVERNMENT TO RELEASE REPORTS ON GITMO TACTICS. Documents obtained by the ACLU in a lawsuit against the U.S. government detail the findings of a U.S. military investigation that confirmed five incidents of intentional and unintentional mishandling of the Koran at the detention facility. Soldiers and interrogators kicked, stood on, and sprayed urine on the Koran. — Posted at 10:41 am

JUSTICE DEPARTMENT WON'T GIVE CONGRESS DOCUMENTS ON SECRET PRISONS, INTERROGATION TECHNIQUES. The Department of Justice will not release two documents requested by the Senate Judiciary Committee. The refusal was revealed in a letter sent to Committee Chairman Patrick Leahy (D-Vt.). One document is a presidential directive authorizing the CIA to set up overseas secret prisions. The other document is a Justice Department memo on interrogation. Leahy is not pleased. — Posted at 10:22 am

Jan. 2, 2007

FEDERAL JUDGE HEARS MOTION TO UNSEAL KEY DOCUMENTS IN NSA WIRETAPPING CASE. In a lawsuit against AT&T for its alleged participation in a warrantless government wiretapping program aimed at Americans' overseas emails and phone calls, attorneys for the media argued that documents provided to the Electronic Frontier Foundation by former AT&T technician Mark Klein are of public interest and should be unsealed. AT&T's counsel rebutted that the documents contain valuable trade secrets and should remain under seal. The judge has yet to rule on the motion. — Posted at 5:11 pm

FBI SAYS IT HAS LOST FILES RELATED TO RECENT LEAK INVESTIGATIONS. The FBI says it has misplaced case files related to 22 recent investigations into leaks of classified materials. This is nearly a quarter of the leak investigations launched by the FBI since 2001. The revelation comes in as part of an ongoing Freedom of Information Act lawsuit brought by Josh Gerstein of The New York Sun. — Posted at 4:53 pm

GUANTANAMO REVIEW BOARDS INADEQUATE. A New York Times analysis of the Guantanamo review boards suggests that that they are inadequate. The prisoners have no right to a lawyer, see classified evidence, or know the identity of their accusers. Furthermore, according to the article, there is a shortage of information about many detainees, including some who have been held on sketchy or disputed intelligence. — Posted at 2:09 pm